Regards abandoned manufactured homes

sb435_00_IN

As Introduced

136th
General Assembly

Regular
Session
S. B. No. 435

2025-2026

Senators Reynolds, Landis

To
amend sections 319.54, 1923.01, 1923.02, 1923.04, 1923.06, 1923.09,
1923.11, 1923.12, 1923.13, 1923.14, and 4503.0611 of the Revised Code

related
to abandoned manufactured homes.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
sections 319.54, 1923.01, 1923.02, 1923.04, 1923.06, 1923.09,
1923.11, 1923.12, 1923.13, 1923.14, and 4503.0611 of the Revised Code
be amended to read as follows:

Sec.
319.54.
(A)
On all moneys collected by the county treasurer on any tax duplicate
of the county, other than estate tax duplicates, on all property tax
relief reimbursements paid to the county under sections 323.156 and
4503.068 and divisions (F) and (I) of section 321.24 of the Revised
Code, and on all moneys received as advance payments of personal
property and classified property taxes, the county auditor, on
settlement with the treasurer and tax commissioner, on or before the
date prescribed by law for such settlement or any lawful extension of
such date, shall be allowed as compensation for the county auditor's
services the following percentages:

(1)
On the first one hundred thousand dollars, two and one-half per cent;

(2)
On the next two million dollars, eight thousand three hundred
eighteen ten-thousandths of one per cent;

(3)
On the next two million dollars, six thousand six hundred fifty-five
ten-thousandths of one per cent;

(4)
On all further sums, one thousand six hundred sixty-three
ten-thousandths of one per cent.

If
any settlement is not made on or before the date prescribed by law
for such settlement or any lawful extension of such date, the
aggregate compensation allowed to the auditor shall be reduced one
per cent for each day such settlement is delayed after the prescribed
date. No penalty shall apply if the auditor and treasurer grant all
requests for advances up to ninety per cent of the settlement
pursuant to section 321.34 of the Revised Code. The compensation
allowed in accordance with this section on settlements made before
the dates prescribed by law, or the reduced compensation allowed in
accordance with this section on settlements made after the date
prescribed by law or any lawful extension of such date, shall be
apportioned ratably by the auditor and deducted from the shares or
portions of the revenue payable to the state as well as to the
county, townships, municipal corporations, and school districts.

(B)
For the purpose of reimbursing county auditors for the expenses
associated with the increased number of applications for reductions
in real property taxes under sections 323.152 and 4503.065 of the
Revised Code that result from the amendment of those sections by Am.
Sub. H.B. 119 of the 127th general assembly, there shall be paid from
the state's general revenue fund to the county treasury, to the
credit of the real estate assessment fund created by section 325.31
of the Revised Code, an amount equal to one per cent of the total
annual amount of property tax relief reimbursement paid to that
county under sections 323.156 and 4503.068 of the Revised Code for
the preceding tax year. Payments made under this division shall be
made at the same times and in the same manner as payments made under
section 323.156 of the Revised Code.

(C)
From all moneys collected by the county treasurer on any tax
duplicate of the county, other than estate tax duplicates, on all
property tax relief reimbursements paid to the county under sections
323.156 and 4503.068 and divisions (F) and (I) of section 321.24 of
the Revised Code, and on all moneys received as advance payments of
personal property and classified property taxes, there shall be paid
into the county treasury to the credit of the real estate assessment
fund created by section 325.31 of the Revised Code, an amount to be
determined by the county auditor, which shall not exceed the
percentages prescribed in divisions (C)(1) and (2) of this section.

(1)
For payments made after June 30, 2007, and before 2011, the following
percentages:

(a)
On the first five hundred thousand dollars, four per cent;

(b)
On the next five million dollars, two per cent;

(c)
On the next five million dollars, one per cent;

(d)
On all further sums not exceeding one hundred fifty million dollars,
three-quarters of one per cent;

(e)
On amounts exceeding one hundred fifty million dollars, five hundred
eighty-five thousandths of one per cent.

(2)
For payments made in or after 2011, the following percentages:

(a)
On the first five hundred thousand dollars, four per cent;

(b)
On the next ten million dollars, two per cent;

(c)
On amounts exceeding ten million five hundred thousand dollars,
three-fourths of one per cent.

Such
compensation shall be apportioned ratably by the auditor and deducted
from the shares or portions of the revenue payable to the state as
well as to the county, townships, municipal corporations, and school
districts.

(D)
Each county auditor shall receive four per cent of the amount of tax
collected and paid into the county treasury, on property omitted and
placed by the county auditor on the tax duplicate.

(E)
On all estate tax moneys collected by the county treasurer, the
county auditor, on settlement annually with the tax commissioner,
shall be allowed, as compensation for the auditor's services under
Chapter 5731. of the Revised Code, two per cent of the amount
collected and reported that year in excess of refunds distributed,
for the use of the general fund of the county.

(F)
On all cigarette license moneys collected by the county treasurer,
the county auditor, on settlement semiannually with the treasurer,
shall be allowed as compensation for the auditor's services in the
issuing of such licenses one-half of one per cent of such moneys, to
be apportioned ratably and deducted from the shares of the revenue
payable to the county and subdivisions, for the use of the general
fund of the county.

(G)
The county auditor shall charge and receive fees as follows:

(1)
For deeds of land sold for taxes to be paid by the purchaser, five
dollars;

(2)
For the transfer or entry of land, lot, or part of lot, or the
transfer or entry on or after January 1, 2000, of a used manufactured
home or mobile home as defined in section 5739.0210 of the Revised
Code, fifty cents for each transfer or entry, to be paid by the
person requiring it;

(3)
For receiving statements of value and administering section 319.202
of the Revised Code, one dollar, or ten cents for each one hundred
dollars or fraction of one hundred dollars, whichever is greater, of
the value of the real property transferred or, for sales occurring on
or after January 1, 2000, the value of the used manufactured home or
used mobile home, as defined in section 5739.0210 of the Revised
Code, transferred, except no fee shall be charged when the transfer
is made:

(a)
To or from the United States, this state, or any instrumentality,
agency, or political subdivision of the United States or this state;

(b)
Solely in order to provide or release security for a debt or
obligation;

(c)
To confirm or correct a deed previously executed and recorded, or
when a current owner is changing the current owner name listed on any
record made available to the general public on the internet, or a
publicly accessible database, and the general tax list of real and
public utility property, and the general duplicate of real and public
utility property, to the initials of the current owner as prescribed
in division (C)(1) of section 319.28 of the Revised Code;

(d)
To evidence a gift, in trust or otherwise and whether revocable or
irrevocable, between husband and wife, or parent and child or the
spouse of either;

(e)
On sale for delinquent taxes or assessments;

(f)
Pursuant to court order, to the extent that such transfer is not the
result of a sale effected or completed pursuant to such order;

(g)
Pursuant to a reorganization of corporations or unincorporated
associations or pursuant to the dissolution of a corporation, to the
extent that the corporation conveys the property to a stockholder as
a distribution in kind of the corporation's assets in exchange for
the stockholder's shares in the dissolved corporation;

(h)
By a subsidiary corporation to its parent corporation for no
consideration, nominal consideration, or in sole consideration of the
cancellation or surrender of the subsidiary's stock;

(i)
By lease, whether or not it extends to mineral or mineral rights,
unless the lease is for a term of years renewable forever;

(j)
When the value of the real property or the manufactured or mobile
home or the value of the interest that is conveyed does not exceed
one hundred dollars;

(k)
Of an occupied residential property, including a manufactured or
mobile home, being transferred to the builder of a new residence or
to the dealer of a new manufactured or mobile home when the former
residence is traded as part of the consideration for the new
residence or new manufactured or mobile home;

(l)
To a grantee other than a dealer in real property or in manufactured
or mobile homes, solely for the purpose of, and as a step in, the
prompt sale of the real property or manufactured or mobile home to
others;

(m)
To or from a person when no money or other valuable and tangible
consideration readily convertible into money is paid or to be paid
for the real estate or manufactured or mobile home and the
transaction is not a gift;

(n)
Pursuant to division (B) of section 317.22 of the Revised Code, or
section 2113.61 of the Revised Code, between spouses or to a
surviving spouse pursuant to section 5302.17 of the Revised Code as
it existed prior to April 4, 1985, between persons pursuant to
section 5302.17 or 5302.18 of the Revised Code on or after April 4,
1985, to a person who is a surviving, survivorship tenant pursuant to
section 5302.17 of the Revised Code on or after April 4, 1985, or
pursuant to section 5309.45 of the Revised Code;

(o)
To a trustee acting on behalf of minor children of the deceased;

(p)
Of an easement or right-of-way when the value of the interest
conveyed does not exceed one thousand dollars;

(q)
Of property sold to a surviving spouse pursuant to section 2106.16 of
the Revised Code;

(r)
To or from an organization exempt from federal income taxation under
section 501(c)(3) of the "Internal Revenue Code of 1986,"
100 Stat. 2085, 26 U.S.C.A. 1, as amended, provided such transfer is
without consideration and is in furtherance of the charitable or
public purposes of such organization;

(s)
Among the heirs at law or devisees, including a surviving spouse, of
a common decedent, when no consideration in money is paid or to be
paid for the real property or manufactured or mobile home;

(t)
To a trustee of a trust, when the grantor of the trust has reserved
an unlimited power to revoke the trust;

(u)
To the grantor of a trust by a trustee of the trust, when the
transfer is made to the grantor pursuant to the exercise of the
grantor's power to revoke the trust or to withdraw trust assets;

(v)
To the beneficiaries of a trust if the fee was paid on the transfer
from the grantor of the trust to the trustee or if the transfer is
made pursuant to trust provisions which became irrevocable at the
death of the grantor;

(w)
To a corporation for incorporation into a sports facility constructed
pursuant to section 307.696 of the Revised Code;

(x)
Between persons pursuant to section 5302.18 of the Revised Code;

(y)
From a county land reutilization corporation organized under Chapter
1724. of the Revised Code, or its wholly owned subsidiary, to a third
party
;

(z)
To a mobile park operator under section 1923.12, 1923.13, or 1923.14
of the Revised Code
.

(4)
For the cost of publishing the delinquent manufactured home tax list,
the delinquent tax list, and the delinquent vacant land tax list, a
flat fee, as determined by the county auditor, to be charged to the
owner of a home on the delinquent manufactured home tax list or the
property owner of land on the delinquent tax list or the delinquent
vacant land tax list.

The
auditor shall compute and collect the fee. The auditor shall maintain
a numbered receipt system, as prescribed by the tax commissioner, and
use such receipt system to provide a receipt to each person paying a
fee. The auditor shall deposit the receipts of the fees on
conveyances in the county treasury daily to the credit of the general
fund of the county, except that fees charged and received under
division (G)(3) of this section for a transfer of real property to a
county land reutilization corporation shall be credited to the county
land reutilization corporation fund established under section 321.263
of the Revised Code.

The
real property transfer fee provided for in division (G)(3) of this
section shall be applicable to any conveyance of real property
presented to the auditor on or after January 1, 1968, regardless of
its time of execution or delivery.

The
transfer fee for a used manufactured home or used mobile home shall
be computed by and paid to the county auditor of the county in which
the home is located immediately prior to the transfer.

Sec.
1923.01.
(A)
As provided in this chapter, any judge of a county or municipal court
or a court of common pleas, within the judge's proper area of
jurisdiction, may inquire about persons who make unlawful and
forcible entry into lands or tenements and detain them, and about
persons who make a lawful and peaceable entry into lands or tenements
and hold them unlawfully and by force. If, upon the inquiry, it is
found that an unlawful and forcible entry has been made and the lands
or tenements are detained, or that, after a lawful entry, lands or
tenements are held unlawfully and by force, a judge shall cause the
plaintiff in an action under this chapter to have restitution of the
lands or tenements.

(B)
An action shall be brought under this chapter within two years after
the cause of action accrues.

(C)
As used in this chapter:

(1)
"Tenant" means a person who is entitled under a rental
agreement to the use or occupancy of premises, other than premises
located in a manufactured home park, to the exclusion of others,
except that as used in division (A)(6) of section 1923.02 and section
1923.051 of the Revised Code, "tenant" includes a
manufactured home park resident.

(2)
"Landlord" means the owner, lessor, or sublessor of
premises, or the agent or person the landlord authorizes to manage
premises or to receive rent from a tenant under a rental agreement,
except, if required by the facts of the action to which the term is
applied, "landlord" means a park operator.

(3)
"Resident" has the same meaning as in section 4781.01 of
the Revised Code.

(4)
"Residential premises" has the same meaning as in section
5321.01 of the Revised Code, except, if required by the facts of the
action to which the term is applied, "residential premises"
has the same meaning as in section 4781.01 of the Revised Code.

(5)
"Rental agreement" means any agreement or lease, written or
oral, that establishes or modifies the terms, conditions, rules, or
other provisions concerning the use or occupancy of premises by one
of the parties to the agreement or lease, except that "rental
agreement," as used in division (A)(13) of section 1923.02 of
the Revised Code and where the context requires as used in this
chapter, means a rental agreement as defined in division (D) of
section 5322.01 of the Revised Code.

(6)
"Controlled substance" has the same meaning as in section
3719.01 of the Revised Code.

(7)
"School premises" has the same meaning as in section
2925.01 of the Revised Code.

(8)
"Sexually oriented offense" and "child-victim oriented
offense" have the same meanings as in section 2950.01 of the
Revised Code.

(9)

"Recreational vehicle" and "mobile home" have the
same meanings as in section 4501.01 of the Revised Code.

(10)

"Manufactured home" has the same meaning as in section
3781.06 of the Revised Code.

(11)
(10)

"Manufactured home park" has the same meaning as in section
4781.01 of the Revised Code and also means any tract of land upon
which one or two manufactured or mobile homes used for habitation are
parked, either free of charge or for revenue purposes, pursuant to
rental agreements between the owners of the manufactured or mobile
homes and the owner of the tract of land.

(12)
(11)

"Park operator" has the same meaning as in section 4781.01
of the Revised Code and also means a landlord of premises upon which
one or two manufactured or mobile homes used for habitation are
parked, either free of charge or for revenue purposes, pursuant to
rental agreements between the owners of the manufactured or mobile
homes and a landlord who is not licensed as a manufactured home park
operator pursuant to Chapter 4781. of the Revised Code.

(13)
(12)

"Personal property" means tangible personal property other
than a manufactured home
,

or

mobile home
,
or recreational vehicle

that is the subject of an action under this chapter.

(14)
(13)

"Preschool or child care center premises" has the same
meaning as in section 2950.034 of the Revised Code.

(15)
(14)

"Minor tenant" means a tenant under eighteen years of age
who is not emancipated.

(15)
"Titled owner" means a person or estate that owns a
manufactured or mobile home located in a manufactured home park,
regardless of whether the person or estate is entitled to occupy the
lot under the rental agreement with the park operator.

Sec.
1923.02.
(A)
Proceedings under this chapter may be had as follows:

(1)
Against tenants or manufactured home park residents holding over
their terms;

(2)
Against tenants or manufactured home park residents in possession
under an oral tenancy, who are in default in the payment of rent as
provided in division (B) of this section;

(3)
In sales of real estate, on executions, orders, or other judicial
process, when the judgment debtor was in possession at the time of
the rendition of the judgment or decree, by virtue of which the sale
was made;

(4)
In sales by executors, administrators, or guardians, and on
partition, when any of the parties to the complaint were in
possession at the commencement of the action, after the sales, so
made on execution or otherwise, have been examined by the proper
court and adjudged legal;

(5)
When the defendant is an occupier of lands or tenements, without
color of title, and the complainant has the right of possession to
them;

(6)
In any other case of the unlawful and forcible detention of lands or
tenements. For purposes of this division, in addition to any other
type of unlawful and forcible detention of lands or tenements, such a
detention may be determined to exist when both of the following
apply:

(a)
A tenant fails to vacate residential premises within three days after
both of the following occur:

(i)
The tenant's landlord has actual knowledge of or has reasonable cause
to believe that the tenant, any person in the tenant's household, or
any person on the premises with the consent of the tenant previously
has or presently is engaged in a violation of Chapter 2925. or 3719.
of the Revised Code, or of a municipal ordinance that is
substantially similar to any section in either of those chapters,
which involves a controlled substance and which occurred in, is
occurring in, or otherwise was or is connected with the premises,
whether or not the tenant or other person has been charged with, has
pleaded guilty to or been convicted of, or has been determined to be
a delinquent child for an act that, if committed by an adult, would
be a violation as described in this division. For purposes of this
division, a landlord has "actual knowledge of or has reasonable
cause to believe" that a tenant, any person in the tenant's
household, or any person on the premises with the consent of the
tenant previously has or presently is engaged in a violation as
described in this division if a search warrant was issued pursuant to
Criminal Rule 41 or Chapter 2933. of the Revised Code; the affidavit
presented to obtain the warrant named or described the tenant or
person as the individual to be searched and particularly described
the tenant's premises as the place to be searched, named or described
one or more controlled substances to be searched for and seized,
stated substantially the offense under Chapter 2925. or 3719. of the
Revised Code or the substantially similar municipal ordinance that
occurred in, is occurring in, or otherwise was or is connected with
the tenant's premises, and states the factual basis for the affiant's
belief that the controlled substances are located on the tenant's
premises; the warrant was properly executed by a law enforcement
officer and any controlled substance described in the affidavit was
found by that officer during the search and seizure; and, subsequent
to the search and seizure, the landlord was informed by that or
another law enforcement officer of the fact that the tenant or person
has or presently is engaged in a violation as described in this
division and it occurred in, is occurring in, or otherwise was or is
connected with the tenant's premises.

(ii)
The landlord gives the tenant the notice required by division (C) of
section 5321.17 of the Revised Code.

(b)
The court determines, by a preponderance of the evidence, that the
tenant, any person in the tenant's household, or any person on the
premises with the consent of the tenant previously has or presently
is engaged in a violation as described in division (A)(6)(a)(i) of
this section.

(7)
In cases arising out of Chapter 5313. of the Revised Code. In those
cases, the court has the authority to declare a forfeiture of the
vendee's rights under a land installment contract and to grant any
other claims arising out of the contract.

(8)
Against tenants who have breached an obligation that is imposed by
section 5321.05 of the Revised Code, other than the obligation
specified in division (A)(9) of that section, and that materially
affects health and safety. Prior to the commencement of an action
under this division, notice shall be given to the tenant and
compliance secured with section 5321.11 of the Revised Code.

(9)
Against tenants who have breached an obligation imposed upon them by
a written rental agreement;

(10)
Against manufactured home park residents who have defaulted in the
payment of rent or breached the terms of a rental agreement with a
park operator. Nothing in this division precludes the commencement of
an action under division (A)(12) of this section when the additional
circumstances described in that division apply.

(11)
Against manufactured home park residents who have committed two
material violations of the rules of the manufactured home park, of
the division of industrial compliance of the department of commerce,
or of applicable state and local health and safety codes and who have
been notified of the violations in compliance with section 4781.45 of
the Revised Code;

(12)
Against a manufactured home park resident, or the estate of a
manufactured home park resident, who as a result of death or
otherwise has been absent from the manufactured home park for a
period of thirty consecutive days prior to the commencement of an
action under this division and whose manufactured home or mobile
home
,
or recreational vehicle that is parked in the manufactured home park,

has been left unoccupied for that thirty-day period, without notice
to the park operator and without payment of rent due under the rental
agreement with the park operator;

(13)
Against occupants of self-service storage facilities, as defined in
division (A) of section 5322.01 of the Revised Code, who have
breached the terms of a rental agreement or violated section 5322.04
of the Revised Code;

(14)
Against any resident or occupant who, pursuant to a rental agreement,
resides in or occupies residential premises located within one
thousand feet of any school premises, preschool or child care center
premises, children's crisis care facility premises, or residential
infant care center premises and to whom both of the following apply:

(a)
The resident's or occupant's name appears on the state registry of
sex offenders and child-victim offenders maintained under section
2950.13 of the Revised Code.

(b)
The state registry of sex offenders and child-victim offenders
indicates that the resident or occupant was convicted of or pleaded
guilty to a sexually oriented offense or a child-victim oriented
offense in a criminal prosecution and was not sentenced to a serious
youthful offender dispositional sentence for that offense.

(15)
Against any tenant who permits any person to occupy residential
premises located within one thousand feet of any school premises,
preschool or child care center premises, children's crisis care
facility premises, or residential infant care center premises if both
of the following apply to the person:

(a)
The person's name appears on the state registry of sex offenders and
child-victim offenders maintained under section 2950.13 of the
Revised Code.

(b)
The state registry of sex offenders and child-victim offenders
indicates that the person was convicted of or pleaded guilty to a
sexually oriented offense or a child-victim oriented offense in a
criminal prosecution and was not sentenced to a serious youthful
offender dispositional sentence for that offense.

(B)
If a tenant or manufactured home park resident holding under an oral
tenancy is in default in the payment of rent, the tenant or resident
forfeits the right of occupancy, and the landlord may, at the
landlord's option, terminate the tenancy by notifying the tenant or
resident, as provided in section 1923.04 of the Revised Code, to
leave the premises, for the restitution of which an action may then
be brought under this chapter.

(C)(1)
If a tenant or any other person with the tenant's permission resides
in or occupies residential premises that are located within one
thousand feet of any school premises, children's crisis care facility
premises, or residential infant care center premises and is a
resident or occupant of the type described in division (A)(14) of
this section or a person of the type described in division (A)(15) of
this section, the landlord for those residential premises, upon
discovery that the tenant or other person is a resident, occupant, or
person of that nature, may terminate the rental agreement or tenancy
for those residential premises by notifying the tenant and all other
occupants, as provided in section 1923.04 of the Revised Code, to
leave the premises.

(2)
If a landlord is authorized to terminate a rental agreement or
tenancy pursuant to division (C)(1) of this section but does not so
terminate the rental agreement or tenancy, the landlord is not liable
in a tort or other civil action in damages for any injury, death, or
loss to person or property that allegedly result from that decision.

(D)
This chapter does not apply to a student tenant as defined by
division (H) of section 5321.01 of the Revised Code when the college
or university proceeds to terminate a rental agreement pursuant to
section 5321.031 of the Revised Code.

(E)

The titled owner of the manufactured or mobile home shall be joined
as a defendant in any proceeding under this chapter against a
manufactured home park resident who is not the titled owner of the
manufactured or mobile home.

(F)

As used in this section, "children's crisis care facility
premises" and "residential infant care center premises"
have the same meanings as in section 2950.034 of the Revised Code.

Sec.
1923.04.
(A)
Except as provided in division (B)

or
,
(C)
,
or (D)

of this section, a party desiring to commence an action under this
chapter shall notify the adverse party to leave the premises, for the
possession of which the action is about to be brought, three or more
days before beginning the action, by certified mail, return receipt
requested, or by handing a written copy of the notice to the
defendant in person, or by leaving it at the defendant's usual place
of abode or at the premises from which the defendant is sought to be
evicted.

Every
notice given under this section by a landlord to recover residential
premises shall contain the following language printed or written in a
conspicuous manner: "You are being asked to leave the premises.
If you do not leave, an eviction action may be initiated against you.
If you are in doubt regarding your legal rights and obligations as a
tenant, it is recommended that you seek legal assistance."

(B)
The service of notice pursuant to section 5313.06 of the Revised Code
constitutes compliance with the notice requirement of division (A) of
this section. The service of the notice required by division (C) of
section 5321.17 of the Revised Code constitutes compliance with the
notice requirement of division (A) of this section.

(C)
If the adverse party in an action under this chapter is a deceased
resident of a manufactured home park, the notice required by division
(A) of this section shall be left at the premises from which the
defendant is sought to be evicted and also shall be sent by ordinary
mail to the following persons if their names and addresses are known
to the park operator:

(1)
If a probate court has granted letters testamentary or of
administration for the estate of the adverse party in accordance with
Title XXI of the Revised Code, the executor or administrator
appointed by the probate court;

(2)
The deceased resident's spouse and any other members of the deceased
resident's immediate family.

(D)
If the adverse party in an action under this chapter is a titled
owner, the notice required by division (A) of this section shall be
left at the premises from which the defendant is sought to be evicted
and also shall be sent by ordinary mail to the titled owner if the
titled owner's name and address is known to the park operator.

Sec.
1923.06.
(A)
Any summons in an action, including a claim for possession, pursuant
to this chapter shall be issued, be in the form specified, and be
served and returned as provided in this section. Such service shall
be at least seven days before the day set for trial.

(B)
Every summons issued under this section to recover residential
premises shall contain the following language printed in a
conspicuous manner: "A complaint to evict you

or the resident of your manufactured or mobile home

has been filed with this court. No person shall be evicted unless the
person's right to possession has ended and no person shall be evicted
in retaliation for the exercise of the person's lawful rights. If you
are depositing rent with the clerk of this court you shall continue
to deposit such rent until the time of the court hearing. The failure
to continue to deposit such rent may result in your eviction. You may
request a trial by jury. You have the right to seek legal assistance.
If you cannot afford a lawyer, you may contact your local legal aid
or legal service office. If none is available, you may contact your
local bar association."

(C)
The clerk of the court in which a complaint to evict is filed shall
mail any summons by ordinary mail, along with a copy of the
complaint, document, or other process to be served, to the defendant
at the address set forth in the caption of the summons and to any
address set forth in any written instructions furnished to the clerk.
The mailing shall be evidenced by a certificate of mailing which the
clerk shall complete and file.

In
addition to this ordinary mail service, the clerk also shall cause
service of that process to be completed under either of the
following:

(1)
Division (D) or (E) of this section or both, depending upon which of
those two methods of service is requested by the plaintiff upon
filing the complaint to evict;

(2)
Division (F) of this section if the action relates to a deceased
manufactured home park resident.

(D)(1)
If requested, the clerk shall deliver sufficient copies of the
summons, complaint, document, or other process to be served to, and
service shall be made by, one of the following persons:

(a)
The sheriff of the county in which the premises are located when the
process issues from a court of common pleas or county court;

(b)
The bailiff of the court for service when process issues from a
municipal court;

(c)
Any person who is eighteen years of age or older, who is not a party,
and who has been designated by order of the court to make service of
process when process issues from any of the courts referred to in
divisions (D)(1)(a) and (b) of this section.

(2)
The person serving process shall effect service at the premises that
are the subject of the forcible entry and detainer action by one of
the following means:

(a)
By locating the person to be served at the premises to tender a copy
of the process and accompanying documents to that person;

(b)
By leaving a copy of the summons, complaint, document, or other
process with a person of suitable age and discretion found at the
premises if the person to be served cannot be found at the time the
person making service attempts to serve the summons pursuant to
division (D)(2)(a) of this section;

(c)
By posting a copy in a conspicuous place on the subject premises if
service cannot be made pursuant to divisions (D)(2)(a) and (b) of
this section.

(3)
Within five days after receiving the summons, complaint, document, or
other process from the clerk for service, the person making service
shall return the process to the clerk. The person shall indicate on
the process which method described in division (D)(2) of this section
was used to serve the summons. The clerk shall make the appropriate
entry on the appearance docket.

(E)
If requested, the clerk shall mail by certified mail, return receipt
requested, a copy of the summons, complaint, document, or other
process to be served to the address set forth in the caption of the
summons and to any address set forth in any written instructions
furnished to the clerk.

(F)(1)
If the person to be evicted in an action pursuant to this chapter is
a deceased manufactured home park resident, the plaintiff shall
provide to the clerk the following information:

(a)
If the plaintiff knows that a probate court has granted letters
testamentary or of administration for the estate of the deceased
resident, the name and address of the probate court, the case number
of the estate, and the name and address of the executor or
administrator appointed by the probate court;

(b)
If the plaintiff knows that a probate court has not granted letters
testamentary or of administration for the estate of the deceased
resident or does not know whether or not a probate court has granted
letters testamentary or of administration for the estate, the names
and addresses of the deceased resident's spouse and any other members
of the deceased resident's immediate family that are known to the
plaintiff;

(c)
If the plaintiff does not possess the information set forth in
division (F)(1)(a) or (b) of this section, an affidavit from the
plaintiff stating that the plaintiff does not possess the
information.

(2)(a)
Upon receipt from the plaintiff of the information set forth in
division (F)(1)(a) of this section, the clerk shall mail by certified
mail, return receipt requested, a copy of the summons, complaint,
document, or other process to be served to the address of the
executor or administrator appointed by the probate court.

(b)
Upon receipt from the plaintiff of the information set forth in
division (F)(1)(b) or (c) of this section, the clerk shall do both of
the following:

(i)
Mail by ordinary mail and by certified mail, return receipt
requested, a copy of the summons, complaint, document, or other
process to be served to the persons and addresses provided by the
plaintiff, if any. The ordinary mail mailing shall be evidenced by a
certificate of mailing that the clerk shall complete and file.

(ii)
Cause service of notice to be made by publication in a newspaper of
general circulation in the county in which the complaint is filed.
The publication shall set forth the name and address of the court,
the case number, the name and address of the plaintiff or the
plaintiff's attorney, and the name and address of the deceased
manufactured home park resident. The publication shall describe the
premises entered upon and detained, shall contain a summary statement
of the object of the eviction complaint against the deceased
resident, and shall state that the claim for restitution of the
premises shall be scheduled for a hearing in accordance with local
court rules, but in no event sooner than the seventh day from the
date service is complete. The clerk shall cause the publication to be
published at least once a week for two weeks.

(G)
Service of process shall be deemed complete on the date that any of
the following has occurred:

(1)
Service is made pursuant to division (D)(2)(a) or (b) of this
section.

(2)
Both ordinary mail service under division (C) and service by posting
pursuant to division (D)(2)(c) of this section have been made.

(3)
For service performed pursuant to division (E) or (F)(2)(a) of this
section, on the date of mailing, if on the date of the hearing either
of the following applies:

(a)
The certified mail has not been returned for any reason other than
refused or unclaimed.

(b)
The certified mail has not been endorsed, and the ordinary mail has
not been returned.

(4)
For service performed under division (F)(2)(b) of this section, on
the date of mailing under division (F)(2)(b)(i) of this section or on
the date of the last publication under division (F)(2)(b)(ii) of this
section, whichever is later, if on the date of the hearing, either of
the following applies:

(a)
The certified mail has not been returned for any reason other than
refused or unclaimed.

(b)
The certified mail has not been endorsed, and the ordinary mail has
not been returned.

(H)(1)
The claim for restitution of the premises shall be scheduled for
hearing in accordance with local court rules, but in no event sooner
than the seventh day from the date service is complete.

(2)
Answer day for any other claims filed with the claim for possession
shall be twenty-eight days from the date service is deemed complete
under this section.

(I)
As used in this section, "immediate family" means a
person's spouse, brothers and sisters of the whole or half blood,
children, including adopted children and stepchildren, parents, and
grandparents.

Sec.
1923.09.
(A)
If an action under this chapter is not continued, the place of trial
is not changed, and neither party demands a jury on the return day of
the summons, a judge of the court shall try the cause. After hearing
the evidence, if the judge concludes that the complaint is not true,
the judge shall enter judgment against the plaintiff for costs. If
the judge finds the complaint to be true, the judge shall render a
general judgment against the defendant, in favor of the plaintiff,
for restitution of the premises and costs of suit. If the judge finds
the complaint true in part, the judge shall render a judgment for
restitution of that part only, and the costs shall be taxed as the
judge considers just.

(B)
If a judgment is entered under this section in favor of a plaintiff
who is a park operator
,
and upon a subsequent entry for disposition of a manufactured home or
mobile home
,
the judge shall include in the judgment entry authority for the
plaintiff to permit, in accordance with section 1923.12 and division
(B) of section 1923.13 and division (B) of section 1923.14 of the
Revised Code, the removal from the manufactured home park and
potential sale, destruction, or transfer of ownership of the
defendant's manufactured home, mobile home, or recreational vehicle.

Sec.
1923.11.
(A)
The court shall enter the verdict rendered by a jury under section
1923.10 of the Revised Code upon the docket, and render judgment in
the action as if the facts, authorizing the finding of the verdict,
had been found by the court itself.

(B)
If a judgment is entered under this section in favor of a plaintiff
who is a park operator, the judge shall include in the judgment entry
authority for the plaintiff to permit, in accordance with section
1923.12 and division (B) of section 1923.13 and division (B) of
section 1923.14 of the Revised Code, the removal from the
manufactured home park and potential sale, destruction, or transfer
of ownership of the defendant's manufactured home
,

or

mobile home
,
or recreational vehicle
.

Sec.
1923.12.
(A)
If
a
resident or a resident's estate
the
titled owner of a manufactured home or mobile home
has
been evicted from a manufactured home park pursuant to a judgment
entered under section 1923.09 or 1923.11 of the Revised Code and if
the
resident

titled
owner
or

the titled owner's

estate has abandoned or otherwise left unoccupied the
resident's

titled
owner's
manufactured
home
,

or

mobile home
,
or recreational vehicle
on
the residential premises of the manufactured home park for a period
of three days following the entry of the judgment, the
operator
of the
manufactured
home park

operator

may provide to the titled owner
of
the home or vehicle
a
written notice to remove the
manufactured

home

or vehicle

or mobile home

from the manufactured home park within fourteen days
from

after

the
date of the delivery of the notice. The park operator shall deliver
or cause the delivery of the notice by

personal delivery to

posting it to the door of the manufactured home or mobile home that
is the subject of
the

owner

notice

or
by ordinary mail sent to the last known address of the
titled

owner.
Except as provided in
divisions

division

(D)

and
(E)
of
this section, if the
titled

owner
of the manufactured home
,

or

mobile home
,
or recreational vehicle

does not remove it or cause it to be removed from the manufactured
home park within fourteen days
from

after

the
date of the delivery of the notice, the park operator may follow the
procedures of division (B) of section 1923.13 and division (B) of
section 1923.14 of the Revised Code to permit the removal of the home

or
vehicle
from
the manufactured home park, and the potential sale, destruction, or
transfer of ownership of the home

or vehicle
,
at the discretion of the manufactured home park operator
.

(B)
Every notice provided to the titled owner of a manufactured home
,

or

mobile home
,
or recreational vehicle

under this section shall contain the following language printed in a
conspicuous manner: "You are being asked to remove your
manufactured home
,

or

mobile home
,
or recreational vehicle

from the residential premises of __________, a manufactured home
park, in accordance with a judgment of eviction entered in __________
court on __________ against ___________
.

If the manufactured home
,

or

mobile home
,
or recreational vehicle

is not removed from the manufactured home park within fourteen days

from

after

the
date of delivery of this notice, the home
or
vehicle
may
be sold or destroyed, or its title may be transferred to __________,
pursuant to division (B) of both sections 1923.13 and 1923.14 of the
Revised Code. If you are in doubt regarding your legal rights, it is
recommended that you seek legal assistance."

(C)(1)
Before requesting
a
writ of execution
an
order of the court
under
division (B) of section 1923.13 of the Revised Code, the park
operator shall conduct or cause to be conducted a search of the
appropriate public records that relate to the manufactured home
,

or

mobile home,

or recreational vehicle,

and make or cause to be made reasonably diligent inquiries, for the
purpose of identifying any persons
other
than the titled owner
who
have an outstanding right, title, or interest in the home

or vehicle
.

The clerk of courts shall provide the title information upon a
request made pursuant to this section.

(2)
If the search or inquiries pursuant to division (C)(1) of this
section reveal any person

other than the titled owner

who has an outstanding right, title, or interest in the manufactured
home
,

or

mobile home,

or recreational vehicle,

the park operator shall provide

by ordinary mail

to the

last known address of the

person a written notice
to
remove the home or vehicle from the manufactured home park or arrange
for the sale of the home or vehicle within
that
the person has
twenty-one
days
from

after

the
date of the delivery of the notice

to preserve the person's ownership interest in the home by paying to
the park owner any outstanding rent and storage fees
.

Such a person forfeits any further action on the title to the home
following the twenty-first day after delivery of the notice unless
rent and storage fees are paid to the manufactured home park
operator. The notice shall also specify the amount of fees owed, the
method by which to pay the fees, and information on how to contact
the titled owner for the sale or removal of the home.

The
notice shall contain the following language printed in a conspicuous
manner: "You are being asked to
remove
pay
outstanding fees in the amount of _______ for

the manufactured home
,

or

mobile home
,
or recreational vehicle

that you have an outstanding right, title, or interest in from the
residential premises of __________, a manufactured home park, in
accordance with a judgment of eviction entered in __________ court on
__________ against ___________
.

If
outstanding
fees related to
the
manufactured home
,

or

mobile home
,
or recreational vehicle is
are

not

removed
from the manufactured home park
paid

within
twenty-one days from the date of delivery of this notice, the home
or
vehicle
may
be sold or destroyed, or its title may be transferred to __________,
pursuant to division (B) of both sections 1923.13 and 1923.14 of the
Revised Code.
Outstanding
fees may be paid to _______. The titled owner may be contacted at
_________.
If
you are in doubt regarding your legal rights, it is recommended that
you seek legal assistance."

The
park operator shall deliver or cause the delivery of the notice by
personal delivery to the person or by ordinary mail sent to the last
known address of the person.
If
a sale of the home
or
vehicle
is
arranged

by the person having an interest in the home other than the titled
owner of the home
,
the
person

seller

shall
pay any rent due to the park operator during the pendency of the
sale. If the person
having
an interest in the home
does
not remove the home
or
vehicle
or
arrange for its sale within twenty-one days from the date of the
delivery of the notice, the park operator may follow the procedures
of division (B) of section 1923.13 and division (B) of section
1923.14 of the Revised Code to permit the removal of the home
or
vehicle
from
the manufactured home park, and the potential sale, destruction, or
transfer of ownership of the home

or vehicle
.

(3)
If the search or inquiries reveal no person who has an outstanding
right, title, or interest in the manufactured home
,

or

mobile home,

or recreational vehicle,

the park operator may follow the procedures of division (B) of
section 1923.13 and division (B) of section 1923.14 of the Revised
Code to permit the removal of the home
or
vehicle
from
the manufactured home park, and the potential sale, destruction, or
transfer of ownership of the home
or
vehicle
at
the discretion of the park operator without limitation by the court
.

(D)
(D)(1)
If a probate court grants administration with respect to the titled
owner's estate, and the executor or administrator does not pay rent
or storage fees before the manufactured or mobile home is removed
from the manufactured home park or sold by a person having an
interest in the home in accordance with this section, the titled
owner's estate forfeits its interest in the home.

When a
deceased
resident
titled
owner
or
a
resident's

titled
owner's
estate
has been evicted from a manufactured home park pursuant to a judgment
entered under section 1923.09 or 1923.11 of the Revised Code, the
removal from the park and potential sale, destruction, or transfer of
ownership of the resident's manufactured home
,

or

mobile home
,

or
recreational vehicle

and any personal property abandoned on the residential premises shall
be conducted in the manner prescribed by the probate court in which
letters testamentary or of administration have been granted for the
estate in accordance with Title XXI of the Revised Code. The park
operator may store the resident's manufactured home
,

or

mobile home
,
or recreational vehicle

at a storage facility or at another location within the manufactured
home park during the administration of the estate. The park operator
shall notify the executor or administrator of the
resident's

titled
owner's
estate
where the manufactured home
,

or

mobile home
,
or recreational vehicle

will be stored during the administration of the estate

and of rent that continues to accrue
.
The costs for the removal and storage of the manufactured home
,

or

mobile home
,
or recreational vehicle

shall be a claim against the
resident's

titled
owner's
estate
without further presentation of the claim to the executor or
administrator.

(E)(1)
When the resident who has been evicted from a manufactured home park
pursuant to a judgment entered under section 1923.09 or 1923.11 of
the Revised Code is the titled owner of a manufactured home, mobile
home, or recreational vehicle and is or becomes deceased prior to the
removal of the home or vehicle from the manufactured home park, and

(2)
If
no
probate court has granted administration with respect to the

resident's

titled
owner's
estate
within
ninety

twenty-one

days

of

after

the

deceased's
death
notification
to remove the home is provided pursuant to division (A) of this
section
,
the park operator may
store
the home or vehicle at a storage facility or at another location
within the manufactured home park before and after a probate court
grants letters testamentary or of administration with respect to the
resident's estate pursuant to Title XXI of the Revised Code
file
a request for an order of the court for title to the home
.

(2)
If a probate court grants administration with respect to the
resident's estate within ninety days of the date of the eviction of
the resident from the park, the removal of the manufactured home,
mobile home, or recreational vehicle from the park and potential
sale, destruction, or transfer of ownership of the home or vehicle
shall be conducted pursuant to division (D) of this section.

(3)

If
no probate court grants administration with respect to the resident's
estate within ninety days of the date of the eviction of the resident
from the manufactured home park pursuant to a judgment entered under
section 1923.09 or 1923.11 of the Revised Code, the park operator
shall conduct or cause to be conducted a search of the appropriate
public records that relate to the manufactured home, mobile home, or
recreational vehicle, and make or cause to be made reasonably
diligent inquiries, for the purpose of identifying any persons who
have an outstanding right, title, or interest in the home or vehicle.

(a)
If the search or inquiries pursuant to division (E)(3) of this
section reveal any person who has an outstanding right, title, or
interest in the manufactured home, mobile home, or recreational
vehicle, the park operator shall provide to the person a written
notice to remove the home or vehicle from the manufactured home park
or arrange for the sale of the home or vehicle within twenty-one days
from the date of the delivery of the notice. The notice shall be in
the form described in division (C)(2) of this section. The park
operator shall deliver or cause the delivery of the notice by
personal delivery to the person or by ordinary mail sent to the last
known address of the person. If a sale of the home or vehicle is
arranged, the person shall pay any rent due to the park operator
during the pendency of the sale. If the person does not remove the
home or vehicle or arrange for its sale within twenty-one days from
the date of the delivery of the notice, the park operator may follow
the procedures of division (B) of section 1923.13 and division (B) of
section 1923.14 of the Revised Code to permit the removal of the home
or vehicle from the manufactured home park, and the potential sale,
destruction, or transfer of ownership of the home or vehicle.

(b)

If
the search or inquiries reveal
no
person who has an outstanding right, title, or interest in the
manufactured home, mobile home, or recreational vehicle
that
the titled owner is deceased
,
the park operator shall publish notice of a petition for a
writ
of execution
court
order
in
a newspaper of general circulation in the county where the home
or
vehicle
has
been abandoned. The publication shall contain the name of the
deceased and the last known address of the home
or
vehicle
and
shall run

once a week

for two consecutive weeks. The park operator shall provide to the
clerk of the court written certification by the newspaper of the
dates of the publication and an affidavit signed by the operator
attesting to the publication. The park operator may then follow the
procedures of division (B) of section 1923.13 and division (B) of
section 1923.14 of the Revised Code to permit the removal of the home

or
vehicle
from
the manufactured home park, and the potential sale, destruction, or
transfer of ownership of the home
or
vehicle
at
the discretion of the park operator without limitation by the court.

(E)(1)
A park operator that seeks to acquire title to an abandoned
manufactured or mobile home under this section shall submit to the
county auditor an affidavit stating that the home is abandoned,
whether the home is valued at ten thousand dollars or less, the date
of the eviction judgment, and all persons with an outstanding
interest in the home other than the titled owner
.

(2)
If the county auditor agrees with the stated value on the affidavit,
the county auditor shall sign a certification of the original
affidavit attesting to the agreement of the value of the manufactured
home or mobile home and return the affidavit to the park operator
within thirty days after receipt. Electronic submission to the county
auditor by the park operator of the affidavit and certification is
satisfactory for the purposes of this section.

(3)
If the county auditor disagrees with the stated value on the
affidavit, the county auditor shall notify the park operator of the
disagreement within thirty days after receipt of the affidavit. The
park operator may submit additional materials in support of the
stated value on the affidavit consistent with industry valuation
standards within ten days after receipt of the notice of the
disagreement. If the park operator submits additional materials in
support of the stated value on the affidavit, then after reviewing
the additional materials submitted, the county auditor shall do one
of the following:

(a)
If the county auditor agrees with the stated value on the affidavit,
the county auditor shall sign a certification attesting to the
agreement of the value of the manufactured home or mobile home and
return the original affidavit to the park operator within ten days
after receipt of the additional materials.

(b)
If the county auditor continues to disagree with the stated value on
the affidavit, the county auditor shall notify the park operator of
the continued disagreement within ten days of receipt of the
additional materials. The park operator may appeal to the court for a
ruling on the disagreement pursuant to court rule. A hearing on the
value of the manufactured or mobile home shall not require a
certified appraiser.

(4)
A certification under this section by the county auditor respecting
the value of a mobile home or manufactured home shall not be
construed as an official appraisal of the home for tax purposes and
is not admissible in any proceeding before a board of revision or
board of tax appeals.

(F)
If the county auditor does not timely certify or respond to an
affidavit of a park operator as required by this section, the park
operator may submit the affidavit to the court with verification by
the park operator that the county auditor has failed to respond to
requests for certification, and the court shall proceed upon the
sworn affidavit of the park operator without certification.

(G)
A park operator that knowingly falsifies information on the affidavit
under this section is guilty of falsification under section 2921.13
of the Revised Code.

Sec.
1923.13.
(A)
When a judgment of restitution is entered by a court in an action
under this chapter, unless the plaintiff or the plaintiff's agent or
attorney proceeds under division (B) of this section, at the request
of the plaintiff or the plaintiff's agent or attorney, that court
shall issue a
writ
of execution
restitution

on
the judgment, in the following form, as near as practicable:

"The
state of Ohio, ________________________ county: To any constable or
police officer of ___________________ township, city, or village; or
To the sheriff of _______________________________ county; or To any
authorized bailiff of the ____________ (name of court):

Whereas,
in a certain action for the forcible entry and detention (or the
forcible detention, as the case may be), of the following described
premises, to wit: ____________, lately tried before this court,
wherein _______________ was plaintiff, and __________ was defendant,
______________ judgment was rendered on the ________ day of
____________, ____________, that the plaintiff have restitution of
those premises; and also that the plaintiff recover costs in the sum
of ______________ You therefore are hereby commanded to cause the
defendant to be forthwith removed from those premises, and the
plaintiff to have restitution of them; also, that you levy of the
goods and chattels of the defendant, and make the costs previously
mentioned and all accruing costs, and of this writ make legal service
and due return.

Witness
my hand, this _______ day of _____, _________
__________________________ Judge, __________ (Name of court)"

(B)

(B)(1)

When
a judgment of restitution is entered by a court in any action under
this chapter against a

titled owner of an abandoned

manufactured

or mobile

home
park
resident
or
the estate of a

titled owner of an abandoned

manufactured

or mobile

home

park resident
,

at
the request of the plaintiff or the plaintiff's agent or attorney
if
the manufactured or mobile home has a value of less than ten thousand
dollars as determined by affidavit of the park operator and affirmed
by certification of the county auditor, and if the park operator has
met all notice requirements under section 1923.12 of the Revised
Code
,
that court shall issue
a
writ of execution
an
order
on
the judgment, in the following form, as near as practicable:

"The
state of Ohio, __________ county; To any constable or police officer
of __________ township, city, or village; or To the sheriff of
__________ county; or To any authorized bailiff of the __________
(name of court):

"To
the clerk of courts, title division:

Whereas,
in a certain action for eviction of a
resident

titled
owner
or
a
resident's

titled
owner's
estate
from the following described residential premises of a manufactured
home park on which the following described manufactured home
,

or

mobile home
,
or recreational vehicle

is located, to wit: __________, lately tried before this court,
wherein __________ was plaintiff, and __________ was defendant,
__________ judgment
in
forcible entry and detention
was
rendered on the __________ day of __________, __________, that the
plaintiff have restitution of the premises

and also that the plaintiff recover costs in the sum of ___________
You therefore are hereby authorized to cause the defendant to be
removed and set out from the residential premises, if the defendant
holds over on the premises subsequent to an eviction judgment against
the defendant. In accordance with division (A) of section 1923.12 of
the Revised Code, three days after the eviction judgment, the
plaintiff is hereby commanded to post a fourteen-day notice to the
defendant to sell or remove the manufactured home, mobile home, or
recreational vehicle from the premises, at the defendant's costs. If
the manufactured home, mobile home, or recreational vehicle is not
sold or removed by the defendant at the expiration of the
fourteen-day notice, it is hereby ordered that the defendant forfeits
the right to the manufactured home, mobile home, or recreational
vehicle and the plaintiff is hereby authorized to exercise the rights
set forth herein. Also, you are to levy of the goods and chattels of
the defendant, and make the costs previously mentioned and all
accruing costs, and of this writ make legal service and due return
.

Further,
you are authorized to cause the manufactured home, mobile home, or
recreational vehicle, and all personal property on the residential
premises, to be retained at their current location on the residential
premises, until they are disposed of in a manner authorized by this
writ or the law of this state.

If
the manufactured home, mobile home, or recreational vehicle has been
abandoned by the defendant, the park operator is hereby commanded to
submit a notarized affidavit to the county auditor of the county
where the park is located listing the titled owner, address, serial
number, and the value of the manufactured home, mobile home, or
recreational vehicle. Within fifteen days after receipt of the
affidavit, the county auditor is hereby commanded to confirm whether
the county auditor agrees or disagrees with the stated value on the
affidavit. Either of the following shall apply:

(1)
If the county auditor agrees with the stated value on the affidavit,
the county auditor is hereby commanded to sign the original affidavit
attesting to the agreement of the value of the manufactured home,
mobile home, or recreational vehicle and return the original
affidavit to the park operator within fifteen days after receipt of
the affidavit from the park operator.

(2)
If the county auditor disagrees with the stated value on the
affidavit, the county auditor is hereby commanded to notify the park
operator of the disagreement within fifteen days after receipt of the
affidavit. The park operator is hereby authorized to submit
additional materials in support of the stated value on the affidavit
consistent with industry valuation standards within ten days after
receipt of the notice of the disagreement. If the park operator
submits additional materials in support of the stated value on the
affidavit, then after reviewing the additional materials submitted,
either of the following shall apply:

(a)
If the county auditor agrees with the stated value on the affidavit,
the county auditor is hereby commanded to sign the original affidavit
attesting to the agreement of the value of the manufactured home,
mobile home, or recreational vehicle and return the original
affidavit to the park operator within ten days after receipt of the
additional materials.

(b)
If the county auditor continues to disagree with the stated value on
the affidavit, the county auditor is hereby commanded to notify the
park operator of the continued disagreement within ten days of
receipt of the additional material and return the original affidavit
to the park operator. The park operator is hereby authorized to
appeal to this court for a ruling on the disagreement pursuant to
court rule.

The
park operator is hereby commanded to submit to this court the
affidavit signed by the county auditor stating the value of the
manufactured home, mobile home, or recreational vehicle, which shall
be deemed to be the park operator's sworn testimony. If the park
operator knowingly falsifies information on the affidavit the park
operator shall be guilty of falsification under divisions (A)(1),
(3), and (6) of section 2921.13 of the Revised Code.

If
the manufactured home, mobile home, or recreational vehicle has been
so abandoned and has a value of more than three thousand dollars, and
the requirements of section 1923.12 of the Revised Code have been
satisfied, you are hereby authorized to cause the sale of the home or
vehicle and personal property in the home or vehicle in accordance
with division (B)(3) of section 1923.14 of the Revised Code. If you
are unable to sell the manufactured home, mobile home, or
recreational vehicle due to a want of bidders, after it is offered
for sale on two occasions, you are hereby commanded to cause the
presentation of this writ to a clerk of the court of common pleas
title division for the issuance of a certificate of title
transferring the title of the home or vehicle to the plaintiff, free
and clear of all security interests, liens, and encumbrances, in
accordance with division (B)(3) of section 1923.14 of the Revised
Code.

If
the manufactured home, mobile home, or recreational vehicle has been
so abandoned and has a value of three thousand dollars or less and if
the requirements of section 1923.12 of the Revised Code have been
satisfied, you are hereby authorized to cause the presentation of
this writ to a clerk of the court of common pleas title division for
the issuance of a certificate of title transferring the title of the
home or vehicle to the plaintiff, free and clear of all security
interests, liens, and encumbrances in accordance with division (B)(4)
of section 1923.14 of the Revised Code.

Upon
this writ's presentation by the levying officer to a clerk of the
court of common pleas title division under the circumstances
described in either of the two preceding paragraphs and in accordance
with division (B)(3) or (4) of section 1923.14 of the Revised Code,
as applicable, the clerk is hereby commanded to issue a certificate
of title transferring the title of the manufactured home, mobile
home, or recreational vehicle to the plaintiff, free and clear of all
security interests, liens, and encumbrances, in the manner prescribed
in section 4505.10 of the Revised Code.

Plaintiff has established by sworn affidavit that all requirements of
section 1923.12 of the Revised Code have been met. The search for all
parties of interest has been reasonably completed and all notices
given as required by that section. Plaintiff has established just
grounds for the value of the manufactured or mobile home to be less
than ten thousand dollars, the value of which is affirmed by
certification of the county auditor. Plaintiff is authorized to cause
the manufactured or mobile home, and all personal property and
vehicles of the defendant on the residential premises, to be, at the
option of the plaintiff: (1) destroyed or removed from the
manufactured home park, (2) retained at its current location on the
residential premises, or (3) sold by the plaintiff. If the
manufactured or mobile home is destroyed by the plaintiff, the
plaintiff shall submit to the county auditor a destroyed manufactured
or mobile home form detailing the date of destruction and location of
the manufactured or mobile home destroyed. If the manufactured or
mobile home is retained at its current location or sold by the
plaintiff, the plaintiff shall notify the county auditor and the
clerk of courts, title division.

To
the clerk of courts, ____ county:

You
are hereby commanded to issue a certificate of title transferring the
title of the manufactured or mobile home to plaintiff, free and clear
of all liens, encumbrances, taxes, security interests, and other
interests in the manner prescribed by section 4505.10 of the Revised
Code. The manufactured or mobile home is described as a ____ (year,
model) with a serial number of ____, title number ____.

Witness
my hand, this __________ day of __________, __________, __________
Judge, __________ (Name of court)."

(2)
When a judgment of restitution is entered by a court in any action
under this chapter against a titled owner of an abandoned
manufactured or mobile home or the estate of a titled owner of an
abandoned manufactured or mobile home and if the manufactured or
mobile home has a value exceeding ten thousand dollars, the
manufactured or mobile home shall be sold at a public auction in the
following manner:

(a)
The court shall use the services of a licensed auctioneer, a bailiff
of the municipal court, or the county sheriff, the expense to be
assessed as costs to be reimbursed out of the proceeds of any sale in
accordance with division (G) of section 1923.14 of the Revised Code.

(b)
Plaintiff shall coordinate with the bailiff of the court, county
sheriff, or court-appointed licensed auctioneer to schedule the sale.
A bailiff of the court shall be present at auction to supervise and
ensure proper procedures are followed and to receive any purchase
money. Any purchase money received by the bailiff, sheriff, or
court-appointed auctioneer shall be deposited with the clerk of
courts, along with filing a return for the sale, as soon as
practicable.

(c)
The plaintiff shall issue notice of the sale to any lienholders or
persons with an outstanding interest in the abandoned manufactured or
mobile home by certified mail, return receipt requested. The
plaintiff shall file copy of the notice with clerk of the municipal
court at least three days prior to sale.

(d)
In addition to the notices required by section 1923.12 of the Revised
Code, where the titled owner of the manufactured or mobile home is
deceased, notice shall be published in a newspaper of general
circulation in the county once a week for two weeks. The clerk of the
municipal court is not required to send notice to the defendant
regarding the defendant's right to an exemptions hearing in
accordance with division (B)(3) of section 1923.14 of the Revised
Code.

(e)
The manufactured or mobile home may be sold without an appraisal. The
value of the manufactured or mobile home shall be determined based on
an affidavit submitted by the plaintiff and certified by the county
auditor.

(f)
If there are no bidders at the date of auction advertised, the
bailiff shall file a return to the court reflecting that information.
The court shall issue an order for the transfer of the certificate
title of manufactured or mobile home to plaintiff. All further
proceedings terminate when plaintiff accepts transfer of title.

(g)
The issuance of an order pursuant to this section for transfer of
title shall be in the following form, as near as practicable:

"To
the clerk of courts, title division:

Whereas,
in a certain action for the eviction of a titled owner or a titled
owner's estate from the following described premises of a
manufactured home park on which the above-described manufactured or
mobile home, is located, to wit: ___________. Lately tried before
this court, wherein ________ was the plaintiff, and ________was the
defendant. Judgment in forcible entry and detainer was rendered on
__________that the plaintiff has restitution of the premises. Just
grounds for the value of the manufactured or mobile home to be
greater than ten thousand dollars, the value of which was established
by affidavit of the plaintiff and certification by the county
auditor, required the public auction of the manufactured or mobile
home. All requirements for the sale of the abandoned manufactured or
mobile home have been confirmed and, with no bidders, certificate of
title is transferred to the plaintiff. Plaintiff is authorized to
cause the manufactured or mobile home, and all personal property and
vehicles of the defendant on the residential premises, to be, at the
option of the plaintiff, either (1) destroyed or removed from the
manufactured home park, or (2) retained at its current location on
the residential premises or sold by plaintiff. If the manufactured or
mobile home is retained at its current location by the plaintiff, the
plaintiff shall notify the county auditor and the clerk of courts,
title division, and the plaintiff is responsible for taxes that
accrue after receiving title.

To
the clerk of courts, _____ county:

You
are hereby commanded to issue a certificate of title transferring the
title of the manufactured or mobile home to the plaintiff, free and
clear of all liens, encumbrances, taxes, security interests, and
other interests in the manner prescribed by section 4505.10 of the
Revised Code. The manufactured or mobile home is described as a
________ (year, model) with a serial number of ____, title number
_____.

Witness
my hand, this ___ day of ____, _____, _______ Judge _______ (name of
court)."

(3)
If the manufactured or mobile home is sold to the highest bidder at
the date of auction, the bailiff shall collect the purchase money
from the highest bidder and deposit the money with the municipal
clerk of courts as soon as practicable. The clerk of courts shall
hold the funds on deposit until the court examines the proceedings in
accordance with section 2329.32 of the Revised Code. The bailiff of
the court shall file a return reflecting completion of the sale with
the name of the purchaser, the purchase amount, and the sale date.

(4)(a)
The plaintiff shall file with the court a motion for order confirming
sale and a proposed order for transfer of title in accordance with
this section, which shall be supported with an itemization of amounts
to be distributed in accordance with division (G) of section 1923.14
of the Revised Code.

(b)
Upon such motion, the court shall issue an order confirming the sale,
ordering distribution of proceeds, and transferring title to the
manufactured or mobile home, which may be presented to the common
pleas title division. The clerk of courts shall distribute the sale
proceeds in accordance with the order confirming the sale.

(c)
The issuance of an order for transfer of title to the successful
bidder shall be in the following form, as near as practicable:

"To
the clerk of courts, title division:

Whereas,
in a certain action for eviction of a titled owner or titled owner's
estate from the following described premises of a manufactured home
park on which the above-described manufactured or mobile home is
located, to wit: ____________. Lately tried before this court,
wherein __________ was the plaintiff, and _________ was the
defendant. Judgment in forcible entry and detainer was rendered on
___________ that the plaintiff has restitution of the premises. Just
grounds for the value of the manufactured or mobile home to be
greater than ten thousand dollars, the value of which was established
by affidavit of the plaintiff and certification by the county
auditor, required the public auction of the manufactured or mobile
home. All requirements for the sale of the abandoned manufactured or
mobile home have been met and the certificate of title is transferred
to __________, the successful bidder. If the manufactured home is
retained at its current location by the successful bidder, the bidder
shall notify the county auditor and the clerk of courts, title
division. Proceeds of the sale shall be disbursed in accordance with
division (G) of section 1923.14 of the Revised Code.

To
the clerk of courts, ________ county:

You
are hereby commanded to issue a certificate of title transferring the
title of the manufactured or mobile home to __________, free and
clear of all liens, encumbrances, taxes, security interests, and
other interests in the manner prescribed by section 4505.10 of the
Revised Code. The manufactured or mobile home is described as a
________ (year, model) with a serial number of ______, title number
_______.

Witness
my hand, this ___ day of ____, _____, _______ Judge _______ (name of
court)."

Sec.
1923.14.
(A)
(A)(1)

Except as otherwise provided in this section, within ten days after
receiving a
writ
of execution
court
order
described
in division (A) or (B) of section 1923.13 of the Revised Code, the
sheriff, police officer, constable, or bailiff shall execute it by
restoring the plaintiff to the possession of the premises, and shall
levy and collect reasonable costs, not to exceed the standard motion
fee, and make return, as upon other executions. If an appeal from the
judgment of restitution is filed and if, following the filing of the
appeal, a stay of execution is obtained and any required bond is
filed with the court of common pleas, municipal court, or county
court, the judge of that court immediately shall issue an order to
the sheriff, police officer, constable, or bailiff commanding the
delay of all further proceedings upon the execution

until the court's disposition
.
If the premises have been restored to the plaintiff, the sheriff,
police officer, constable, or bailiff shall forthwith place the
defendant in possession of them, and return the writ with the
sheriff's, police officer's, constable's, or bailiff's proceedings
and the costs taxed on it.

(2)
The filing fee for a court order for title upon an abandoned
manufactured or mobile home with the clerk of courts shall not exceed
the court's standard motion fee.

(B)(1)
After a municipal court or county court issues a
writ
of execution
court
order
described
in division (B) of section 1923.13 of the Revised Code, the clerk of
the court shall send by regular mail, to the last known address of
each person other than the titled owner of the manufactured home
,

or

mobile home
,
or recreational vehicle

that is the subject of the
writ

court
order
who
is listed on the
writ

court
order
as
having any outstanding right, title, or interest in the home
,
vehicle,

or personal property and to the auditor and treasurer of the county
in which the court is located, a written notice that the home
or
vehicle
potentially
may be sold, destroyed, or have its title transferred under the
circumstances described in division (B)(3)
or
(4)
of
this section. A person having any outstanding right, title, or
interest in the home
,
vehicle,

or personal property is not required to consent to the notice
required under this division in order for the
writ

court
order
to
be executed.

(2)
Except as otherwise provided in this division, after causing the
defendant to be removed from the residential premises of the
manufactured home park, if necessary, by writ of restitution, and
receiving a writ of execution described in division (B) of section
1923.13 of the Revised Code, in accordance with the writ, the
sheriff, police officer, constable, or bailiff may cause the
manufactured home
,

or

mobile home
,
or recreational vehicle

that is the subject of the
writ
court
order
,
and all personal property on the residential premises, to be retained
at their current location on the residential premises, until they are
claimed by the defendant or they are disposed of in a manner
authorized by division (B)(3)
,
(4), or (6)

or (G)(3)

of this section or by another section of the Revised Code.

The
park operator shall not be liable for any damage caused by the park
operator's removal of the manufactured home
,

or

mobile home
,
or recreational vehicle

or the removal of the personal property from the residential
premises, or for any damage to the home
,
vehicle,

or personal property during the time the home
,
vehicle,

or property remains abandoned or stored in the manufactured home
park, unless the damage is the result of acts that the park operator
or the park operator's agents or employees performed with malicious
purpose, in bad faith, or in a wanton or reckless manner. The
reasonable costs for a removal of the manufactured home
,

or

mobile home
,
or recreational vehicle

and personal property and, as applicable, the reasonable costs for
its storage shall constitute a lien upon the home
or
vehicle
payable
by the titled owner of the home
or
vehicle
or
payable pursuant to division
(B)(3)

(G)(1)

of
this section to the park operator.

The
sheriff, police officer, constable,
or

bailiff
,
or park operator

shall not be liable for any damage caused by the park operator's
removal of the manufactured home
,

or

mobile home,
or
recreational vehicle
or
the removal of the personal property from the residential premises,
or for any damage to the home
,
vehicle,

or personal property during the time the home
,
vehicle,

or property remains abandoned or stored in the manufactured home
park.

(3)
Except as provided in
divisions
(B)(4), (5), and (6) of this section and
division
(D) of section 1923.12 of the Revised Code, within sixty days after
receiving a
writ
of execution
court
order
described
in division (B) of section 1923.13 of the Revised Code for a
manufactured home
,

or

mobile home
,
or recreational vehicle
,
determined to have a value of more than
three

ten

thousand
dollars, the sheriff, police officer, constable, or bailiff shall
commence proceedings for the sale of the manufactured home
,

or

mobile home,
or
recreational vehicle
that
is the subject of the writ, and the abandoned personal property on
the residential premises, if the home
or
vehicle
is
determined to be abandoned in accordance with the procedures for the
sale of goods on execution under Chapter 2329. of the Revised Code.
In addition to all notices required to be given under section 2329.13
of the Revised Code, the sheriff, police officer, constable, or
bailiff shall serve at their respective last known addresses a
written notice of the date, time, and place of the sale upon all
persons who are listed on the writ of execution as having any
outstanding right, title, or interest in the abandoned manufactured
home
,

or

mobile home
,
or recreational vehicle

and the personal property and shall provide written notice to the
auditor and the treasurer of the county in which the court issuing
the writ is located.

Unless
the proceedings are governed by division (D) of section 1923.12 of
the Revised Code, notwithstanding
Notwithstanding

any
statutory provision to the contrary, including
,
but not limited to,

section 2329.66 of the Revised Code, there shall be no stay of
execution or exemption from levy or sale on execution available to
the titled owner of the abandoned manufactured home
,

or

mobile home
,
or recreational vehicle

in relation to a sale under this division. Except as otherwise
provided in sections 2113.031, 2117.25, and 5162.21 of the Revised
Code in a case involving a deceased
resident

titled
owner
or

resident's

titled
owner's
estate,
the sheriff, police officer, constable, or bailiff shall distribute
the proceeds from the sale of an abandoned manufactured home
,

or

mobile home
,

or
recreational vehicle

and any personal property under this division in the
following

manner

prescribed in division (G) of this section.

(C)
Upon the agreement of the county auditor and the park operator that
the value of the abandoned home is greater than ten thousand dollars,
the park operator shall file with the clerk of court a praecipe for
the sale of the manufactured home or mobile home setting forth the
description and location of the home. The clerk of court shall
deliver the praecipe to the bailiff, sheriff, or officer conducting
the sale to determine the date for the sale. In addition to all
notices required to be given under section 2329.13 of the Revised
Code, the sheriff, police officer, constable, or bailiff shall serve
at the last known address of the titled owner a written notice of the
date, time, and place of the sale and upon all persons who are listed
on the writ of execution as having any outstanding right, title, or
interest in the abandoned manufactured home or mobile home and the
personal property and shall provide written notice to the auditor and
the treasurer of the county in which the court issuing the writ is
located.

(D)
All bidders who intend to reside in the park after the sale shall
apply for residency with the park and be approved for residency at
least seven days prior to the date of the sale. Any successful bidder
intending to remove the manufactured home or mobile home after the
sale shall remove the home within ten days after the sale and is
liable to the park operator for any damage to the lot as a result of
the removal of the home.

(E)
The successful bidder shall register title with the clerk of courts,
title division, not later than ten days after the receipt of the
court order to transfer title to the successful bidder.

(F)
After the sale of the manufactured home or mobile home, the park
operator shall file with the clerk of courts a motion confirming the
sale of the home, setting forth the date of the sale, the amount of
the sale, the purchaser of the home, and the distribution of proceeds
in accordance with division (G) of this section. If there is no
purchaser after the sale has been conducted, the park operator shall
file for a court order in conformance with division (B)(2) of section
1923.13 of the Revised Code.

(G)(1)
The court, upon motion to confirm the sale and the issuance of an
order confirming the sale, shall order the proceeds be distributed as
follows
:

(a)
The sheriff, police officer, constable, or bailiff shall first pay
the costs for any moving of and any storage outside the manufactured
home park of the home
or
vehicle
and
any personal property pursuant to division (B)(2) of this section,
the costs of the sale, any advertising expenses paid by the park
operator for the sale of the manufactured home
,

or

mobile home,
or
recreational vehicle
under
division (B)(3) of this section, and any unpaid court costs assessed
against the defendant in the underlying action.

(b)
Following the payment required by division
(B)(3)(a)

(G)(1)(a)

of
this section, the sheriff, police officer, constable, or bailiff
shall pay all outstanding tax liens on the home

or vehicle
.

(c)
Following the payment required by division
(B)(3)(b)

(G)(1)(b)

of
this section, the sheriff, police officer, constable, or bailiff
shall pay all other outstanding security interests, liens, or
encumbrances on the home
or
vehicle
by
priority of filing or other priority.

(d)
Following the payment required by division
(B)(3)(c)

(G)(1)(c)

of
this section, the sheriff, police officer, constable, or bailiff
shall pay any outstanding monetary judgment rendered under section
1923.09 or 1923.11 of the Revised Code in favor of the plaintiff and
any costs associated with retaining the home
or
vehicle
prior
to the sale at its location on the residential premises within the
manufactured home park pursuant to division (B)(2) of this section.

(e)
After complying with divisions
(B)(3)(a)

(G)(1)(a)

to
(d) of this section, the sheriff, police officer, constable, or
bailiff shall report any remaining money as unclaimed funds pursuant
to Chapter 169. of the Revised Code.

Upon
the return of any writ of execution for the satisfaction of which an
abandoned manufactured home, mobile home, or recreational vehicle has
been sold under this division, on careful examination of the
proceedings of the sheriff, police officer, constable, or bailiff
conducting the sale, if the court that issued the writ finds that the
sale was made, in all respects, in conformity with this division, the
court shall direct the clerk of the court to make an entry on the
journal that the court is satisfied with the legality of the sale and
order the clerk of the court of common pleas title division to issue
a certificate of title, free and clear of all security interests,
liens, and encumbrances, to the purchaser of the home or vehicle. If
the manufactured home, mobile home, or recreational vehicle sold
under this division is located in a manufactured home park, the
purchaser of the home or vehicle shall have no right to maintain the
home or vehicle in the manufactured home park without the park
operator's consent and the sheriff, police officer, constable, or
bailiff conducting the sale shall notify all prospective purchasers
of this fact prior to the commencement of the sale.

If,
after it is offered for sale on two occasions under this division,
the abandoned manufactured home, mobile home, or recreational vehicle
cannot be sold due to a want of bidders, the sheriff, police officer,
constable, or bailiff shall present the writ of execution unsatisfied
to the clerk of the court of common pleas title division, of the
county in which the writ was issued for the issuance by the clerk in
the manner prescribed in section 4505.10 of the Revised Code of a
certificate of title transferring the title of the home or vehicle to
the plaintiff, free and clear of all security interests, liens, and
encumbrances. If any taxes are owed on the home or vehicle at this
time, the county auditor shall remove the delinquent taxes from the
manufactured home tax list and the delinquent manufactured home tax
list and remit any penalties for late payment of manufactured home
taxes. Acceptance of the certificate of title by the plaintiff
terminates all further proceedings under this section. In accordance
with division (E)(3) of section 4503.061 of the Revised Code, the
plaintiff shall notify the county auditor of the transfer of title.
Pursuant to section 4503.061 of the Revised Code, if the manufactured
home, mobile home, or recreational vehicle is destroyed or removed,
the plaintiff shall provide the county auditor with notice of removal
or destruction of the manufactured home, mobile home, or recreational
vehicle.

(4)
Except as provided in division (B)(5) or (6) of this section and
division (D) of section 1923.12 of the Revised Code, within thirty
days after receiving a writ of execution described in division (B) of
section 1923.13 of the Revised Code, if the manufactured home, mobile
home, or recreational vehicle is determined to be abandoned and to
have a value of three thousand dollars or less, the sheriff, police
officer, constable, or bailiff shall present the writ of execution to
the clerk of the court of common pleas title division, of the county
in which the writ was issued for the issuance by the clerk in the
manner prescribed in section 4505.10 of the Revised Code of a
certificate of title transferring the title of the home or vehicle to
the plaintiff, free and clear of all security interests, liens, and
encumbrances. If any taxes are owed on the home or vehicle at this
time, the county auditor shall remove the delinquent taxes from the
manufactured home tax list and the delinquent manufactured home tax
list and remit any penalties for late payment of manufactured home
taxes. Acceptance of the certificate of title by the plaintiff
terminates all further proceedings under this section. In accordance
with division (E)(3) of section 4503.061 of the Revised Code, the
plaintiff shall notify the county auditor of the transfer of title.
Pursuant to section 4503.0611 of the Revised Code, if the
manufactured home, mobile home, or recreational vehicle is destroyed
or removed, the plaintiff shall provide the county auditor with
notice of removal or destruction of the manufactured home, mobile
home, or recreational vehicle.

(5)

(2)

At
any time prior to the issuance of the
writ
of execution
court
order
described
in division (B) of section 1923.13 of the Revised Code, the titled
owner of the manufactured home
,

or

mobile home
,
or recreational vehicle

that would be the subject of the
writ

order

may
remove the abandoned home
or
vehicle
from
the manufactured home park upon payment to the county auditor of all
outstanding tax liens on the home
or
vehicle
and,
unless the
titled

owner
is indigent, payment to the clerk of court of all unpaid court costs
assessed against the defendant in the underlying action. After the
issuance of the
writ
of execution
court
order
,
the titled owner of the home
or
vehicle
may
remove the abandoned home
or
vehicle
from
the manufactured home park at any time up to the day before the
scheduled sale, destruction, or transfer of the home
or
vehicle
pursuant
to division (B)(3)
or
(4)
of
this section upon payment of all of the following:

(a)
All costs incurred by the sheriff, police officer, constable, or
bailiff;

(b)
All outstanding tax liens on the home

or vehicle
;

(c)
Unless the
titled

owner
is indigent, all unpaid court costs assessed against the defendant in
the underlying action.

(6)

(3)

At
any time after the issuance of the
writ
of execution
court
order
described
in division (B) of section 1923.13 of the Revised Code, the holder of
any outstanding lien, right, title, or interest in the manufactured
home
,

or

mobile home,
or
recreational vehicle,
other
than the titled owner of the home

or vehicle
,
may stop the sheriff, police officer, constable, or bailiff from
proceeding with the sale under this division by doing both of the
following:

(a)
Commencing a proceeding to repossess the home
or
vehicle
pursuant
to Chapters 1309. and 1317. of the Revised Code;

(b)
Paying to the park operator all monthly rental payments for the lot
on which the home
or
vehicle
is
located from the time of the issuance of the
writ
of execution
court
order
until
the time that the home
or
vehicle
is
sold pursuant to Chapters 1309. and 1317. of the Revised Code.

(7)(a)

(4)(a)

At
any time prior to the day before the scheduled sale of the property
pursuant to division (B)(3) of this section, the defendant may remove
any personal property of the defendant from the abandoned home
or
vehicle
or
other place of storage.

(b)
If personal property owned by a person other than the defendant is
abandoned on the residential premises and has not previously been
removed, the owner of the personal property may remove the personal
property from the abandoned home
or
vehicle
or
other place of storage up to the day before the scheduled sale of the
property pursuant to division (B)(3) of this section upon
presentation of proof of ownership of the property that is
satisfactory to the sheriff, police officer, constable, or bailiff
conducting the sale.

(5)
If the manufactured or mobile home is not sold at the scheduled sale,
the clerk of the court of common pleas shall issue a certificate of
title to the plaintiff. The certificate of title shall contain a
notation that it is issued, free and clear of all liens and
encumbrances, including any liens for delinquent or current
manufactured home taxes, whether or not such taxes are yet due and
payable. The county auditor shall also remove all such taxes from the
manufactured home tax list and the delinquent manufactured home tax
list and shall remit any tax penalties and interest charged against
the property. The transfer of title to the home is exempt from
conveyance fees imposed under sections 319.54 and 322.06 of the
Revised Code. Acceptance of the certificate of title by the plaintiff
terminates all further proceedings under this section. The plaintiff
shall notify the county auditor of the transfer of title in
accordance with division (E)(3) of section 4503.061 of the Revised
Code, and the county auditor shall notify the county treasurer of the
transfer of title. The plaintiff shall submit proof of registration
with the auditor to the clerk of courts to effectuate the transfer of
title. If the manufactured home or mobile home is destroyed or
removed, the plaintiff shall provide the county auditor with notice
of removal or destruction of the manufactured home or mobile home.

(H)
After the issuance of the order of sale by the court, the titled
owner of the home may remove the abandoned home from the manufactured
home park at any time up to the day before the scheduled sale,
destruction, or transfer of the home pursuant to this section.

Sec.
4503.0611.
Whenever
it is made to appear to the county auditor, based on inspection by
the county auditor or based on notice provided to the county auditor,
on a form prescribed by the department of taxation, by an owner of
the manufactured home or two disinterested persons who are residents
of the township or municipal corporation in which the manufactured
home is or was situated, that the home is subject to taxation for the
current year under section 4503.06 of the Revised Code and has been
destroyed or injured after the first day of January of the current
year, the county auditor shall investigate the matter, and shall
refund or waive the payment of the current year's taxes on such home
as prescribed by divisions (A) and (B) of this section. If a form has
not been filed with the county auditor by either an owner or two
disinterested persons but it appears to the county auditor, based on
an inspection and investigation, that the owner's manufactured home
is subject to taxation for the current year under section 4503.06 of
the Revised Code and has been destroyed or injured after the first
day of January of the current year, the auditor may complete the form
on behalf of an owner.

To
obtain a deduction under this section, an owner or two disinterested
persons shall file the form with the county auditor, or the county
auditor shall complete the form on behalf of an owner, not later than
the thirty-first day of January of the year after the year in which
the manufactured home was injured or destroyed.

(A)
If the auditor determines the injury or destruction occurred during
the first half of the calendar year, the auditor shall deduct from
the taxes payable on the manufactured home for the current year an
amount that, in the county auditor's judgment, bears the same ratio
to those taxes as the extent of the injury or destruction bears to
the cost or market value of the manufactured home. The auditor shall
draw a warrant on the county treasurer to refund that amount. If the
taxes have not been paid at the time of the auditor's determination,
the auditor may waive the payment of the portion of the tax that
would otherwise be refunded under this division.

(B)
If the auditor determines the injury or destruction occurred during
the second half of the calendar year, the auditor shall deduct from
the taxes payable on the manufactured home for the current year
one-half of the amount that, in the county auditor's judgment, bears
the same ratio to those taxes as the extent of the injury or
destruction bears to the cost or market value of the manufactured
home. The auditor shall draw a warrant on the county treasurer to
refund that amount. If the taxes have not been paid at the time of
the auditor's determination, the auditor may waive the payment of the
portion of the tax that would otherwise be refunded under this
division.

(C)
Taxes refunded under this section shall be paid from the county
undivided general property tax fund.

(D)
Notwithstanding divisions (A) and (B) of this section, if the county
auditor determines the destruction of a manufactured home or mobile
home occurred within one calendar year after the title of the home
being transferred to a park operator pursuant to sections 1923.12,
1923.13, and 1923.14 of the Revised Code and the current owner
providing the oath to the auditor is the same park operator, then the
auditor shall waive all unpaid manufactured home taxes charged
against the home, including taxes for which a lien has attached, but
that are not yet due and payable.

(E)
Upon the destruction of a manufactured home or mobile home, the owner
of the home shall dispose of the certificate of title to the home in
the same manner as described in section 4505.11 of the Revised Code.

Section
2.
That
existing sections 319.54, 1923.01, 1923.02, 1923.04, 1923.06,
1923.09, 1923.11, 1923.12, 1923.13, 1923.14, and 4503.0611 of the
Revised Code are hereby repealed.

Section
3.
Section
319.54 of the Revised Code is presented in this act as a composite of
the section as amended by both H.B. 265 and H.B. 496 of the 135th
General Assembly. The General Assembly, applying the principle stated
in division (B) of section 1.52 of the Revised Code that amendments
are to be harmonized if reasonably capable of simultaneous operation,
finds that the composite is the resulting version of the section in
effect prior to the effective date of the section as presented in
this act.