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As Introduced
136th
General Assembly
Regular
Session
S. B. No. 118
2025-2026
Senator Lang
A
BILL
To
amend sections
321.261,
701.10,
729.49, 735.29, 743.04
,
and 743.06
and to enact sections 319.65, 701.101, 701.102, 701.103, 701.20,
701.21, 701.22, 701.23, 701.24, 701.25, 701.26, 701.30, 701.31,
701.32, 701.33, 701.35, 701.36, 701.37, 701.38, 701.39, 701.40,
729.491, 729.492, 729.493, 735.291, 735.292, 743.041, 743.042,
1901.187, and 1907.033 of the Revised Code
regarding
limitations on recovery and lien imposition by municipalities against
property owners of non-owner-occupied properties for unpaid water,
sewer, and disposal services rates and charges.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections
321.261,
701.10,
729.49, 735.29, 743.04
,
and 743.06
be amended and sections 319.65, 701.101, 701.102, 701.103, 701.20,
701.21, 701.22, 701.23, 701.24, 701.25, 701.26, 701.30, 701.31,
701.32, 701.33, 701.35, 701.36, 701.37, 701.38, 701.39, 701.40,
729.491, 729.492, 729.493, 735.291, 735.292, 743.041, 743.042,
1901.187, and 1907.033 of the Revised Code be enacted to read as
follows:
Sec.
319.65.
(A)
As used in this section, "municipal lien" means a lien
certified under sections 701.10, 729.49, 735.29, and 743.04 of the
Revised Code.
(B)
Additional certification required to be submitted to the county
auditor for a municipal lien shall consist of the parcel number of
the property on which the lien is requested, the name of the property
owner, the name of the person who contracted for the service for
which the lien is sought, and confirmation from the person, board, or
entity that certified the lien and submitted the additional
certification that all of the information submitted to the auditor
has been verified.
Sec.
321.261.
(A)
In each county treasury there shall be created the treasurer's
delinquent tax and assessment collection fund and the prosecuting
attorney's delinquent tax and assessment collection fund. Except as
otherwise provided in this division, two and one-half per cent of all
delinquent real property, personal property, and manufactured and
mobile home taxes and assessments collected by the county treasurer
shall be deposited in the treasurer's delinquent tax and assessment
collection fund, and two and one-half per cent of such delinquent
taxes and assessments shall be deposited in the prosecuting
attorney's delinquent tax and assessment collection fund. The board
of county commissioners shall appropriate to the county treasurer
from the treasurer's delinquent tax and assessment collection fund,
and shall appropriate to the prosecuting attorney from the
prosecuting attorney's delinquent tax and assessment collection fund,
money to the credit of the respective fund, and except as provided in
division (D) of this section, the appropriation shall be used only
for the following purposes:
(1)
By the county treasurer or the county prosecuting attorney in
connection with the collection of delinquent real property, personal
property, and manufactured and mobile home taxes and assessments,
including proceedings related to foreclosure of the state's lien for
such taxes against such property;
(2)
With respect to any portion of the amount appropriated from the
treasurer's delinquent tax and assessment collection fund for the
benefit of a county land reutilization corporation organized under
Chapter 1724. of the Revised Code, the county land reutilization
corporation. Upon the deposit of amounts in the treasurer's
delinquent tax and assessment collection fund, any amounts allocated
at the direction of the treasurer to the support of the county land
reutilization corporation shall be paid out of such fund to the
corporation upon a warrant of the county auditor.
If
the balance in the treasurer's or prosecuting attorney's delinquent
tax and assessment collection fund exceeds three times the amount
deposited into the fund in the preceding year, the treasurer or
prosecuting attorney, on or before the twentieth day of October of
the current year, may direct the county auditor to forgo the
allocation of delinquent taxes and assessments to that officer's
respective fund in the ensuing year
,
except amounts deposited to the fund under section 701.10, 729.49,
735.29, or 743.04 of the Revised Code
.
If the county auditor receives such direction, the auditor shall
cause the portion of
such
taxes
and assessments that otherwise would be credited to the fund under
this section in that ensuing year to be allocated and distributed
among taxing units' funds as otherwise provided in this chapter and
other applicable law.
(B)
During the period of time that a county land reutilization
corporation is functioning as such on behalf of a county, the board
of county commissioners, upon the request of the county treasurer,
may designate by resolution that an additional amount, not exceeding
five per cent of all collections of delinquent real property,
personal property, and manufactured and mobile home taxes and
assessments,
excluding
amounts required to be deposited to the fund under section 701.10,
729.49, 735.29, or 743.04 of the Revised Code,
shall
be deposited in the treasurer's delinquent tax and assessment
collection fund and be available for appropriation by the board for
the use of the corporation. Any such amounts so deposited and
appropriated under this division shall be paid out of the treasurer's
delinquent tax and assessment collection fund to the corporation upon
a warrant of the county auditor.
(C)
Annually by the first day of December, the county treasurer and the
prosecuting attorney each shall submit a report to the board of
county commissioners regarding the use of the moneys appropriated
from their respective delinquent tax and assessment collection funds.
Each report shall specify the amount appropriated from the fund
during the current calendar year, an estimate of the amount so
appropriated that will be expended by the end of the year, a summary
of how the amount appropriated has been expended in connection with
delinquent tax collection activities or land reutilization, and an
estimate of the amount that will be credited to the fund during the
ensuing calendar year.
The
annual report of a county land reutilization corporation required by
section 1724.05 of the Revised Code shall include information
regarding the amount and use of the moneys that the corporation
received from the treasurer's delinquent tax and assessment
collection fund.
(D)(1)
In any county, if the county treasurer or prosecuting attorney
determines that the balance to the credit of that officer's
corresponding delinquent tax and assessment collection fund exceeds
the amount required to be used as prescribed by division (A) of this
section, the county treasurer or prosecuting attorney may expend the
excess to prevent residential mortgage foreclosures in the county and
to address problems associated with other foreclosed real property.
The amount used for that purpose in any year may not exceed the
amount that would cause the fund to have a reserve of less than
twenty per cent of the amount expended in the preceding year for the
purposes of division (A) of this section.
Money
authorized to be expended under division (D)(1) of this section shall
be used to provide financial assistance in the form of loans to
borrowers in default on their home mortgages, including for the
payment of late fees, to clear arrearage balances, and to augment
moneys used in the county's foreclosure prevention program. The money
also may be used to assist county land reutilization corporations,
municipal corporations, or townships in the county, upon their
application to the county treasurer, prosecuting attorney, or the
county department of development, in the nuisance abatement of
deteriorated residential buildings in foreclosure, or vacant,
abandoned, tax-delinquent, or blighted real property, including
paying the costs of boarding up such buildings, lot maintenance, and
demolition.
(2)
In a county having a population of more than one hundred thousand
according to the department of development's 2006 census estimate, if
the county treasurer or prosecuting attorney determines that the
balance to the credit of that officer's corresponding delinquent tax
and assessment collection fund exceeds the amount required to be used
as prescribed by division (A) of this section, the county treasurer
or prosecuting attorney may expend the excess to assist county land
reutilization corporations, townships, or municipal corporations
located in the county as provided in division (D)(2) of this section,
provided that the combined amount so expended each year in a county
shall not exceed five million dollars. Upon application for the funds
by a county land reutilization corporation, township, or municipal
corporation, the county treasurer or prosecuting attorney may assist
the county land reutilization corporation, township, or municipal
corporation in abating foreclosed residential nuisances, including
paying the costs of securing such buildings, lot maintenance, and
demolition. At the prosecuting attorney's discretion, the prosecuting
attorney also may apply the funds to costs of prosecuting alleged
violations of criminal and civil laws governing real estate and
related transactions, including fraud and abuse.
Sec.
701.10.
(A)(1)
The legislative authority of a municipal corporation that has
established a rate or charge, payable to the municipal corporation,
for the provision of collection or disposal services for garbage,
ashes, animal and vegetable refuse, dead animals, or animal offal
may
,
after complying with section 701.103 of the Revised Code,
certify to the county auditor, by ordinance, the amount of the rate
or charge that has not been paid in accordance with applicable
requirements by a person using the collection or disposal services,
when either of the following applies:
(a)
The unpaid amount is equal to or greater than two hundred fifty
dollars; or
(b)
The unpaid amount is equal to or greater than the applicable annual
rate or charge imposed by the municipal corporation upon the person
using the collection or disposal services, regardless of the actual
cost incurred by the municipal corporation in providing the
collection or disposal services.
(2)
(2)(a)
The
county
auditor shall place the
amount
certified
shall
be a lien
on
the
person's
real
property
to
which services are provided,
tax
list and duplicate against the property served by the connection if
both of the following occur:
(i)
The auditor also receives from the legislative authority of a
municipal corporation additional certification that the unpaid rents
or charges have arisen pursuant to a service contract made directly
with an owner who occupies the property served, as described in
section 319.65 of the Revised Code.
(ii)
The auditor receives verification from the legislative authority of a
municipal corporation that the notice required under section 701.102
of the Revised Code was provided to the owner.
(b)
The amount
placed
on the tax list
in
a separate column,
and
duplicate shall be a lien on the property served from the date placed
on the list and duplicate and shall be
collected
in the same manner
as other taxes
,
and
.
The lien shall be released upon payment in full of the certified
amount. Ninety per cent of the amounts collected by the county
treasurer under this division shall be
paid
into the general fund of the municipal corporation
in accordance with the biannual tax payment and remittance cycle in
section 323.12 of the Revised Code
.
Ten
per cent of the amounts collected by the county treasurer shall be
deposited to the credit of the county treasurer's delinquent tax and
assessment collection fund created under section 321.261 of the
Revised Code.
(B)
A municipal corporation that, on or before October 17, 2019,
collected all rates or charges for such services in a manner
consistent with the collection of other taxes, rather than making
that rate or charge payable to the municipal corporation, may
continue to collect amounts in such manner without being subject to
the limitation in division (A)(1) of this section.
Sec.
701.101.
The
legislative authority of a municipal corporation that has established
a rate or charge for the collection or disposal services described in
section 701.10 of the Revised Code, which has gone unpaid, may
collect it by actions at law in the name of the municipal corporation
from an owner, tenant, or other person who is liable to pay the rents
or charges.
Sec.
701.102.
(A)
The legislative authority of a municipal corporation shall provide
notice to the property owner about the placement of a lien on the
owner's property before the county auditor places a lien pursuant to
section 701.10 of the Revised Code. The notice shall include a
statement informing the owner that the owner may file a lien appeal
with a municipal court or county court pursuant to section 701.35 of
the Revised Code.
(B)
The legislative authority shall submit verification to the county
auditor that the notice required by this section was provided to the
owner.
Sec.
701.103.
Prior
to certifying a lien to the county auditor under section 701.10 of
the Revised Code, the legislative authority of a municipal
corporation shall do both of the following:
(A)
Attempt, not less than three times, to collect the unpaid rate or
charge amount from the person who is liable for the amount by
certified mail;
(B)
Wait not less than one hundred eighty days following the date that
the unpaid rate or charge amount was due.
Sec.
701.20.
For
purposes of sections 701.20 to 701.26 of the Revised Code:
(A)
"Bring an action" means to bring a civil action under
sections 701.101, 729.491, 735.29, and 743.04 of the Revised Code.
(B)
"Certify a lien" means to certify a lien under sections
701.10, 729.49, 735.29, and 743.04 of the Revised Code.
(C)
"Dwelling unit" and "tenant" have the same
meanings as in section 5321.01 of the Revised Code.
(D)
"Municipal authority" means any of the following as context
requires:
(1)
Board of trustees of public affairs under section 735.29 of the
Revised Code;
(2)
Director of public service or any other official or body under
section 743.04 of the Revised Code;
(3)
Legislative authority of a municipal corporation under sections
701.10, 701.101, 729.49, and 729.491 of the Revised Code.
(E)
"Municipal services" means any of the following:
(1)
Collection or disposal services described in section 701.10 of the
Revised Code;
(2)
Sewerage services under section 729.49 of the Revised Code;
(3)
Water services described in Chapter 743. of the Revised Code;
(4)
Services from waterworks under section 735.29 of the Revised Code.
(F)
"Municipal services provider" means the entity created or
designated by the municipal authority to provide municipal services.
(G)
"Property owner" means the person who owns the residential
property to which municipal services are provided and to whom all of
the following apply:
(1)
The person does not occupy the property.
(2)
The tenant or other occupant is contractually responsible to pay the
charges and fees imposed for the municipal services.
(3)
If the residential property consists of two or more dwelling units,
both of the following must be true:
(a)
Each dwelling unit has a separate meter;
(b)
The tenant or other occupant of each dwelling unit is contractually
responsible to pay the charges and fees imposed for the municipal
services provided to the unit in which the tenant or occupant
resides.
(H)
"Termination amount" means the amount of rates or charges
for municipal services that when unpaid results in the termination of
those services under the municipal authority regulations.
Sec.
701.21.
Any
person who contracts to receive municipal services shall be
financially responsible for paying all rates, fees, charges, and
costs associated with the delivery of that service.
Sec.
701.22.
(A)
If a municipal authority attempts to certify a lien against a
property or brings an action due to unpaid municipal services rates
or charges, there is a rebuttable presumption that amounts exceeding
the termination amount cannot be certified as a lien, or recovered by
the action, against the property owner.
(B)
The presumption may be rebutted by any of the following based on a
preponderance of the evidence:
(1)
The property owner agreed to pay all the unpaid rates and charges,
after having been given notice of the delinquent amount.
(2)
The property owner occupies the residence.
(3)
The municipal authority attempted to mitigate any unpaid rates or
charges by strictly adhering to its established protocol for
terminating service for delinquent customers.
(4)
Any other evidence demonstrating that the municipal authority
mitigated the amount of unpaid rates and charges before proceeding
against the property owner.
(C)
This section does not abridge or eliminate any cause of action that
the municipal authority may have against the tenant personally, or
other person liable to pay the unpaid rents or charges.
Sec.
701.23.
(A)
A municipal authority may establish a tenant reinstatement fee for
municipal services.
(B)
A tenant reinstatement fee may be applied if the tenant requests to
reestablish municipal services after such services have been
terminated by the municipal services provider or the tenant.
Sec.
701.24.
A
municipal authority may track any unpaid rates or charges owed by a
person for any municipal services between residential properties if
both of the following are true:
(A)
A person who contracted for municipal services currently has a debit
or credit regarding the municipal services provided to the person;
(B)
Municipal services provided to that person have been terminated at
one residential property and have been established at another
residential property.
Sec.
701.25.
A
municipal authority may access and review the billing details and
histories of any person who contracts to receive municipal services
for the purpose of identifying and tracking unpaid rates or charges.
Sec.
701.26.
(A)
Any person who believes that they have been improperly billed for
municipal services may file a complaint with the municipal services
provider.
(B)(1)
A municipal services provider must establish a method for persons
receiving municipal services to make an improper billing complaint.
(2)
A municipal services provider must investigate every complaint
received.
(3)
All complaints shall be resolved within ten business days. If the
municipal services provider is unable to resolve the complaint within
ten business days, the municipal services provider shall provide the
person who filed the complaint with a status report every five
business days following the initial period.
(C)
If the complaint is not resolved to the satisfaction of the
complaining party, the complaining party may appeal the matter to a
municipal court or county court under section 701.31 of the Revised
Code, if the amount in dispute is equal to or greater than three
hundred dollars.
Sec.
701.30.
For
the purposes of sections 701.30 to 701.40 of the Revised Code:
(A)
"Municipal lien" has the same meaning as in section 319.65
of the Revised Code.
(B)
"Property owner," "municipal services,"
"municipal services provider," and "municipal
authority" have the same meanings as in section 701.20 of the
Revised Code.
(C)
"Tenant" has the same meaning as in section 5321.01 of the
Revised Code.
Sec.
701.31.
(A)
A municipal court or county court shall hear appeals regarding
improper billing complaints for municipal services if all of the
following apply:
(1)
The complainant has previously filed an improper billing complaint
with a municipal services provider.
(2)
The complaint has not been resolved to the satisfaction of the
complainant.
(3)
The amount in dispute is equal to or exceeds three hundred dollars.
(B)
A municipal court or county court shall hear appeals from property
owners in cases where a tenant who is financially responsible for
paying for municipal services failed to make payment for such and the
property owner was held responsible as a result.
(C)
A municipal court or county court shall not hear appeals of the
reasonableness of the rates, charges, or rents set by the municipal
authority for municipal services.
Sec.
701.32.
The
supreme court may adopt rules regarding appeals for improper billing
complaints for municipal services, including the following:
(A)
A procedure by which complaints will be evaluated, to determine
whether a hearing is warranted;
(B)
Hearing procedures and processes;
(C)
Standards by which a municipal court or county court will make
decisions resolving complaints.
Sec.
701.33.
In
connection with an appeal made to a municipal court or county court
regarding an improper billing complaint, the court may access and
review the billing details and histories of a person who contracts to
receive municipal services for the purposes of identifying unpaid
rates or charges.
Sec.
701.35.
A
person that receives notice from a municipal authority of a municipal
lien being placed on that person's property may file an appeal of the
municipal lien with a municipal court or county court.
Sec.
701.36.
The
supreme court may adopt rules governing hearing procedures for
appeals of municipal liens.
Sec.
701.37.
A
municipal court or county court shall find for the owner of the
property in an appeal of a municipal lien if the court determines
both of the following:
(A)
The unpaid rents, rates, or charges did not arise pursuant to a
service contract made directly with the owner.
(B)
The owner did not occupy the property served by the service contract.
Sec.
701.38.
(A)
If a municipal court or county court finds for the owner of the
property under section 701.37 of the Revised Code, the court shall
order both of the following:
(1)
The county auditor that placed the challenged municipal lien on the
real property tax list and duplicate to remove the lien;
(2)
The municipal authority that certified the challenged municipal lien
to pay the owner's reasonable attorneys' fees incurred in prosecuting
the appeal.
(B)
On the order of a court, the county auditor shall remove the
challenged service lien.
Sec.
701.39.
Sections
701.35 to 701.38 of the Revised Code apply to only municipal liens
placed on a property on or after the effective date of those
sections.
Sec.
701.40.
A
county that operates as a municipal services provider on behalf of a
municipal authority is not subject to sections 701.20 to 701.26 and
701.30 to 701.39 of the Revised Code.
Sec.
729.49.
(A)
The
legislative authority of a municipal corporation which has installed
or is installing sewerage, a system of sewerage, sewage pumping
works, or sewage treatment or disposal works for public use, may, by
ordinance, establish just and equitable rates or charges of rents to
be paid to the municipal corporation for the use of such services, by
every person, firm, or corporation whose premises are served by a
connection thereof.
Such
(B)
When sewerage rates or
charges
are
not paid when due, the legislative authority of a municipal
corporation may, after complying with section 729.493 of the Revised
Code, certify them, together with any penalties, to the county
auditor.
(1)
The county auditor
shall
constitute
place
the certified amount on the real property list and duplicate against
the property served by the connection if both of the following occur:
(a)
The auditor also receives from the legislative authority of a
municipal corporation additional certification that the unpaid rates
or charges have arisen pursuant to a service contract made directly
with an owner who occupies the property served, as described in
section 319.65 of the Revised Code.
(b)
The auditor receives verification from the legislative authority of a
municipal corporation that the notice required under section 729.492
of the Revised Code was provided to the owner.
(2)
The amount placed on the tax list and duplicate shall be
a
lien upon the property served by such connection
from the date placed on the list and duplicate
and
if
not paid when due
shall
be collected in the same manner as other municipal corporation taxes
.
The lien shall be released upon payment in full of the certified
amount. Ninety per cent of the amounts collected by the county
treasurer under this division shall be provided to the municipal
corporation in accordance with the biannual tax payment and
remittance cycle in section 323.12 of the Revised Code. Ten per cent
of the amounts collected by the county treasurer shall be deposited
to the credit of the county treasurer's delinquent tax and assessment
collection fund created under section 321.261 of the Revised Code
.
The
(C)
The
legislative
authority may change such rates or charges from time to time as is
deemed advisable. The legislative authority of a municipal
corporation operating under a charter may establish such schedule of
rates and provide for its administration by designating the
department or officer to be charged with the enforcement of sections
729.49 to 729.52, inclusive, of the Revised Code.
Sec.
729.491.
The
legislative authority of a municipal corporation that has established
a rate or charge for the sewerage service described in section 729.49
of the Revised Code, which has gone unpaid, may collect it by actions
at law in the name of the municipal corporation from an owner,
tenant, or other person who is liable to pay the rates or charges.
Sec.
729.492.
(A)
The legislative authority of a municipal corporation shall provide
notice to the property owner about the placement of a lien on the
owner's property before the county auditor places a lien pursuant to
section 729.49 of the Revised Code. The notice shall include a
statement informing the owner that the owner may file a lien appeal
with a municipal court or county court pursuant to section 701.35 of
the Revised Code.
(B)
The legislative authority shall submit verification to the county
auditor that the notice required by this section was provided to the
owner.
Sec.
729.493.
Prior
to certifying a lien to the county auditor under section 729.49 of
the Revised Code, the legislative authority of a municipal
corporation shall do both of the following:
(A)
Attempt, not less than three times, to collect the unpaid sewerage
rates or charges amount from the person who is liable for the amount
by certified mail;
(B)
Wait not less than one hundred eighty days following the date that
the unpaid sewerage rates or charges amount was due.
Sec.
735.29.
(A)
The
board of trustees of public affairs appointed under section 735.28 of
the Revised Code shall manage, conduct, and control the waterworks,
electric light plants, artificial or natural gas plants, or other
similar public utilities, furnish supplies of water, electricity, or
gas, collect all water, electric, and gas rents or charges, and
appoint necessary officers, employees, and agents.
(B)
The
board may make such bylaws and rules as it determines to be necessary
for the safe, economical, and efficient management and protection of
such works, plants, and public utilities. These bylaws and rules,
when not repugnant to municipal ordinances or to the constitution or
laws of this state, shall have the same validity as ordinances.
(C)
For
the purpose of paying the expenses of conducting and managing such
waterworks, plants, and public utilities or of making necessary
additions thereto and extensions and repairs thereon, the board may
assess a water rent or charge, or a light, power, gas, or utility
rent, of sufficient amount, and in such manner as it determines to be
most equitable, upon all tenements and premises supplied therewith.
When such rents, except water rents and charges, are not paid when
due, the board may
certify
,
after complying with section 735.292 of the Revised Code, do either
or both of the following:
(1)
Certify
them
to the county auditor to be placed on the duplicate and collected as
other village taxes
,
or it may collect
;
(2)
Collect
them by actions at law in the name of the village
from an owner, tenant, or other person who is liable to pay the rents
or charges
.
When
(D)
When
water
rents or charges are not paid when due, the board may
,
after complying with section 735.292 of the Revised Code,
do either or both of the following:
(A)
(1)
Certify
them, together with any penalties, to the county auditor.
The
(a)
The
county
auditor shall place the certified amount on the real property tax
list and duplicate against the property served by the connection if
he
both of the following occur:
(i)
The auditor
also receives from the board additional certification that the unpaid
rents or charges have arisen pursuant to a service contract made
directly with an owner who occupies the property served
,
as described in section 319.65 of the Revised Code.
(ii)
The auditor receives verification from the board that the notice
required under section 735.291 of the Revised Code was provided to
the owner
.
(b)
The
amount placed on the tax list and duplicate shall be a lien on the
property served from the date placed on the list and duplicate and
shall be collected in the same manner as other taxes
,
except that, notwithstanding section 323.15 of the Revised Code, a
county treasurer shall accept a payment in such amount when
separately tendered as payment for the full amount of such unpaid
water rents or charges and associated penalties
.
The lien shall be released
immediately
upon
payment in full of the certified amount.
Any
Ninety
per cent of the
amounts
collected by the county treasurer under this division shall be placed
for
immediate
distribution
to the village,
in accordance with the biannual tax payment and remittance cycle in
section 323.12 of the Revised Code,
in the appropriate distinct fund established for water rents and
charges.
Ten per cent of the amounts collected by the county treasurer shall
be deposited to the credit of the county treasurer's delinquent tax
and assessment collection fund created under section 321.261 of the
Revised Code.
(B)
(2)
Collect
them by actions at law in the name of the village from an owner,
tenant, or other person who is liable to pay the rents or charges.
(E)
The
board shall have the same powers and perform the same duties as are
provided in sections 743.01, 743.05 to 743.07, 743.10, 743.11,
743.18, 743.24, and 735.05 to 735.09 of the Revised Code, and all
powers and duties relating to waterworks in any of such sections
shall extend to and include electric light, power, and gas plants,
and such other similar public utilities, and such board shall have
such other duties as are prescribed by law or ordinance not
inconsistent herewith.
(F)
Each
board that assesses water rents or charges shall determine the actual
amount of rents due based upon an actual reading of each customer's
meter at least once in each three-month period, and at least
quarterly the board shall render a bill for the actual amount shown
by the meter reading to be due, except estimated bills may be
rendered if access to a customer's meter was unobtainable for a
timely reading. Each board that assesses water rents or charges shall
establish procedures providing fair and reasonable opportunity for
resolution of billing disputes.
(G)
When
property to which water service is provided is about to be sold, any
party to the sale or
his
any party's
agent may request the board to read the meter at that property and to
render within ten days following the date on which the request is
made, a final bill for all outstanding rents and charges for water
service. Such a request shall be made at least fourteen days prior to
the transfer of the title of such property.
(H)
At
any time prior to a certification under division
(A)
(D)(1)
of
this section, the board shall accept any partial payment of unpaid
water rents or charges, in the amount of ten dollars or more.
Sec.
735.291.
(A)
The board of trustees of public affairs shall provide notice to the
property owner about the placement of a lien on the owner's property
before the county auditor places a lien pursuant to division (D) of
section 735.29 of the Revised Code. The notice shall include a
statement informing the owner that the owner may file a lien appeal
with a municipal court or county court pursuant to section 701.35 of
the Revised Code.
(B)
The board shall submit verification to the county auditor that the
notice required by this section was provided to the owner.
Sec.
735.292.
Prior
to certifying a lien to the county auditor under section 735.29 of
the Revised Code, the board of trustees of public affairs shall do
both of the following:
(A)
Attempt, not less than three times, to collect the unpaid rent or
charge amount from the person who is liable for the amount by
certified mail;
(B)
Wait not less than one hundred eighty days following the date that
the unpaid rent or charge amount was due.
Sec.
743.04.
(A)
For the purpose of paying the expenses of conducting and managing the
waterworks of a municipal corporation, including operating expenses
and the costs of permanent improvements, the director of public
service or any other city official or body authorized by charter may
assess and collect a water rent or charge of sufficient amount and in
such manner as the director, other official, or body determines to be
most equitable from all tenements and premises supplied with water.
(1)
When water rents or charges are not paid when due, the director or
other official or body may
,
after complying with section 743.042 of the Revised Code,
do either or both of the following:
(a)
Certify them, together with any penalties, to the county auditor.
The
(i)
The
county
auditor shall place the certified amount on the real property tax
list and duplicate against the property served by the connection if
the
both
of the following occur:
(I)
The
auditor
also receives from the director or other official or body additional
certification that the unpaid rents or charges have arisen pursuant
to a service contract made directly with an owner who occupies the
property served
,
as described in section 319.65 of the Revised Code.
(II)
The auditor receives verification from the director or other official
or body that the notice required under section 743.041 of the Revised
Code was provided to the owner
.
(ii)
The
amount placed on the tax list and duplicate shall be a lien on the
property served from the date placed on the list and duplicate and
shall be collected in the same manner as other taxes
,
except that, notwithstanding section 323.15 of the Revised Code, a
county treasurer shall accept a payment in such amount when
separately tendered as payment for the full amount of such unpaid
water rents or charges and associated penalties
.
The lien shall be released
immediately
upon
payment in full of the certified amount.
Any
Ninety
per cent of the
amounts
collected by the county treasurer under this division shall be
immediately
placed
in the distinct fund established by section 743.06 of the Revised
Code
in accordance with the biannual tax payment and remittance cycle in
section 323.12 of the Revised Code
.
Ten per cent of the amounts collected by the county treasurer shall
be deposited to the credit of the county treasurer's delinquent tax
and assessment collection fund created under section 321.261 of the
Revised Code.
(b)
Collect them by actions at law, in the name of the city from an
owner, tenant, or other person who is liable to pay the rents or
charges.
(2)
The director or other official body shall not certify to the county
auditor for placement upon the tax list and duplicate and the county
auditor shall not place upon the tax list and duplicate as a charge
against the property the amount of any unpaid water rents or charges
together with any penalties as described in division (A)(1)(a) of
this section if any of the following apply:
(a)
The property served by the connection has been transferred or sold to
an electing subdivision as defined in section 5722.01 of the Revised
Code, regardless of whether the electing subdivision is still the
owner of the property, and the unpaid water rents or charges together
with any penalties have arisen from a period of time prior to the
transfer or confirmation of sale to the electing subdivision;
(b)
The property served by the connection has been sold to a purchaser at
sheriff's sale or auditor's sale, the unpaid water rents or charges
together with any penalties have arisen from a period of time prior
to the confirmation of sale, and the purchaser is not the owner of
record of the property immediately prior to the judgment of
foreclosure nor any of the following:
(i)
A member of that owner's immediate family;
(ii)
A person with a power of attorney appointed by that owner who
subsequently transfers the land to the owner;
(iii)
A sole proprietorship owned by that owner or a member of that owner's
immediate family;
(iv)
A partnership, trust, business trust, corporation, or association of
which the owner or a member of the owner's immediate family owns or
controls directly or indirectly more than fifty per cent.
(c)
The property served by the connection has been forfeited to this
state for delinquent taxes, unless the owner of record redeems the
property.
(3)
Upon valid written notice to the county auditor by any owner
possessing an ownership interest of record of the property or by an
electing subdivision previously in the chain of title of the property
that the unpaid water rents or charges together with any penalties
have been certified for placement or placed upon the tax list and
duplicate as a charge against the property in violation of division
(A)(2) of this section, the county auditor shall promptly remove such
charge from the tax duplicate. This written notice to the county
auditor shall include all of the following:
(a)
The parcel number of the property;
(b)
The common address of the property;
(c)
The date of the recording of the transfer of the property to the
owner or electing subdivision;
(d)
The charge allegedly placed in violation of division (A)(2) of this
section.
(4)
Each director or other official or body that assesses water rents or
charges shall determine the actual amount of rents due based upon an
actual reading of each customer's meter at least once in each
three-month period, and at least quarterly the director or other
official or body shall render a bill for the actual amount shown by
the meter reading to be due, except estimated bills may be rendered
if access to a customer's meter was unobtainable for a timely
reading. Each director or other official or body that assesses water
rents or charges shall establish procedures providing fair and
reasonable opportunity for resolution of billing disputes.
(5)
When property to which water service is provided is about to be sold,
any party to the sale or the agent of any such party may request the
director or other official or body to read the meter at that property
and to render within ten days following the date on which the request
is made, a final bill for all outstanding rents and charges for water
service. Such a request shall be made at least fourteen days prior to
the transfer of the title of such property.
(6)
At any time prior to a certification under division (A)(1)(a) of this
section, the director or other official or body shall accept any
partial payment of unpaid water rents or charges, in the amount of
ten dollars or more.
(B)(1)
When title to a parcel of land that is subject to any of the actions
described in division (A)(1) of this section is transferred to a
county land reutilization corporation, any lien placed on the parcel
under division (A)(1)(a) of this section shall be extinguished, and
the corporation shall not be held liable for unpaid rents or charges
in any collection action brought under division (A)(1)(b) of this
section, if the rents or charges certified under division (A)(1)(a)
of this section or subject to collection under division (A)(1)(b) of
this section were incurred before the date of the transfer to the
corporation and if the corporation did not incur the rents or
charges, regardless of whether the rents or charges were certified,
the lien was attached, or the action was brought before the date of
transfer. In such a case, the corporation and its successors in title
shall take title to the property free and clear of any such lien and
shall be immune from liability in any such collection action.
If
a county land reutilization corporation takes title to property
before any rents or charges have been certified or any lien has been
placed with respect to the property under division (A)(1) of this
section, the corporation shall be deemed a bona fide purchaser for
value without knowledge of such rents, charges, or lien, regardless
of whether the corporation had actual or constructive knowledge of
the rents, charges, or lien, and any such lien shall be void and
unenforceable against the corporation and its successors in title.
(2)
If a lien placed on a parcel is extinguished as provided in division
(B)(1) of this section, the municipal corporation may pursue the
remedy available under division (A)(1)(b) of this section to recoup
the rents and charges incurred with respect to the parcel from any
owner, tenant, or other person liable to pay such rents and charges.
Sec.
743.041.
(A)
The director of public service or any other city official or body
authorized by charter shall provide notice to the property owner
about the placement of a lien on the owner's property before the
county auditor places a lien pursuant to section 743.04 of the
Revised Code. The notice shall include a statement informing the
owner that the owner may file a lien appeal with a municipal court or
county court pursuant to section 701.35 of the Revised Code.
(B)
The director or other official or body shall submit verification to
the county auditor that the notice required by this section was
provided to the owner.
Sec.
743.042.
Prior
to certifying a lien to the county auditor under section 743.04 of
the Revised Code, the director of public service or any other city
official or body authorized by charter shall do both of the
following:
(A)
Attempt, not less than three times, to collect the unpaid water rents
or charges amount from the person who is liable for the amount by
certified mail;
(B)
Wait not less than one hundred eighty days following the date that
the unpaid water rents or charges amount was due.
Sec.
743.06.
Money
collected for water-works purposes shall be deposited weekly
,
except for water lien amounts collected under division (A)(1) of
section 743.04 of the Revised Code,
with the treasurer of the municipal corporation, and shall be kept as
a
a
separate and distinct fund. When appropriated by the legislative
authority of the municipal corporation, such money shall be subject
to the order of the director of public service. The director shall
sign all orders drawn on the treasurer of the municipal corporation
against such fund.
Sec.
1901.187.
In
addition to jurisdiction otherwise granted by this chapter, a
municipal court shall have exclusive original jurisdiction within the
territory of the court over actions filed pursuant to sections 701.31
and 701.35 of the Revised Code.
Sec.
1907.033.
In
addition to jurisdiction authorized in other sections of this
chapter, a county court shall have exclusive original jurisdiction
within its district over actions filed pursuant to sections 701.31
and 701.35 of the Revised Code.
Section
2.
That
existing sections
321.261,
701.10,
729.49, 735.29, 743.04
,
and 743.06
of the Revised Code are hereby repealed.