reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 723 | Streets; Public Grounds › Section 723.48 | Regulation of Rate of Speed.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The legislative authority of a municipal corporation may, when a railroad track is laid in the municipal corporation, by ordinance, regulate the speed of all locomotives and railroad cars within the municipal corporation limits. Such ordinance shall not require a rate of speed of less than four miles an hour, and in villages having a population of two thousand or less, it shall not require a rate of less than eight miles an hour. The municipal corporation authorities, by civil action, may recover from an engineer, conductor, or company violating such ordinance, not less than five nor more than fifty dollars for each offense.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 723 | Streets; Public Grounds › Section 723.49 | Damage From Excavation.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If the owner or possessor of any lot or land in any municipal corporation digs, or causes to be dug, any cellar, pit, vault, or excavation, to a greater depth than nine feet below the curb of the street or streets on which such lot or land abuts, or, if there is no curb, below the established grade of the street or streets on which such lot or land abuts, or, if there is no curb or established grade, below the surface of the adjoining lots, and by such excavation he causes damage to any wall, house, or other building upon the lots adjoining thereto, such owner or possessor shall be liable, in a civil action, to the party injured, to the full amount of such damage. When there is a curb or established grade, the depth of such excavation, at any point thereof, shall be measured downward from the pitch line projected laterally over the lot or land, from and between the corresponding points in the nearest curb or established grade opposite the ends of such pitch line.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 723 | Streets; Public Grounds › Section 723.50 | Depth of Excavation Allowable.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The owner or possessor of any lot or land in any municipal corporation may dig, or cause to be dug, any cellar, pit, or excavation, to the full depth of the foundation wall of any building upon adjoining lots, or to the full depth of nine feet below the established grade of the street or streets on which such lot abuts, without reference to the depth of adjoining foundation walls, without incurring the liability prescribed in section 723.49 of the Revised Code, and may, on thirty days' notice to adjoining owners, grade and improve the surface of any lot to correspond with the established grade of the street, streets, or alleys upon which such lot or land abuts, without incurring liability.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 723 | Streets; Public Grounds › Section 723.51 | Municipal Corporations May Change Streams and Highways.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Any municipal corporation, when it is necessary in the construction and protection of wells, pumps, cisterns, aqueducts, water pipes, dams, reservoirs, reservoir sites, sewers, drains, sewage disposal or water purification plants, and water works, for supplying water to itself and its inhabitants or disposing of sewage, may relocate, straighten, change, or cross a road or stream, but shall, without unnecessary delay, place such road or stream in such condition as not to impair its usefulness.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 723 | Streets; Public Grounds › Section 723.52 | Estimate of Cost of Construction by Force Account - Competitive Bidding - Rejection of Bids.

Effective:
June 30, 2023
Latest Legislation:
House Bill 23 - 135th General Assembly
Before letting or making any contract for the construction, reconstruction, widening, resurfacing, or repair of a street or other public way, the director of public service in a city, or the legislative authority in a village, shall make an estimate of the cost of such work using the force account project assessment form developed by the auditor of state under section 117.16 of the Revised Code. In municipal corporations having an engineer, or an officer having a different title but the duties and functions of an engineer, the estimate shall be made by the engineer or other officer. Where the total estimated cost of any such work is seventy thousand dollars or less, the proper officers may proceed by force account.
Where the total estimated cost of any such work exceeds seventy thousand dollars, the proper officers of the municipal corporation shall be required to invite and receive competitive bids for furnishing all the labor, materials, and equipment and doing the work, after newspaper advertisement as provided by law. The officers shall consider and may reject such bids. If the bids are rejected, the officers may order the work done by force account or direct labor. When such bids are received, considered, and rejected, and the work done by force account or direct labor, such work shall be performed in compliance with the plans and specifications upon which the bids were based. It shall be unlawful to divide a street or connecting streets into separate sections for the purpose of defeating this section and section 723.53 of the Revised Code.
On the first day of July of every year beginning in 2024, the threshold amount established in this section shall increase by an amount not to exceed the lesser of five per cent, or the percentage amount of any increase in the department of transportation's construction cost index as annualized and totaled for the prior calendar year. The director of transportation shall notify each appropriate engineer or other officer of the increased amount.
"Street," as used in such sections, includes portions of connecting streets on which the same or similar construction, reconstruction, widening, resurfacing, or repair is planned or projected.
Last updated April 27, 2023 at 12:38 PM
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 723 | Streets; Public Grounds › Section 723.53 | Account of Cost of Construction by Force Account or Direct Labor.

Effective:
June 30, 2021
Latest Legislation:
House Bill 74 - 134th General Assembly
Where the proper officers of any municipal corporation construct, reconstruct, widen, resurface, or repair a street or other public way by force account or direct labor, and the estimated cost of the work as defined in section 723.52 of the Revised Code exceeds the amount specified in that section, such municipal authorities shall cause to be kept by the engineer of the municipal corporation, or other officer or employee of the municipal corporation in charge of such work, a complete and accurate account, in detail, of the cost of doing the work. The account shall include labor, materials, freight, fuel, hauling, overhead expense, workers' compensation premiums, and all other items of cost and expense, including a reasonable allowance for the use of all tools and equipment used on or in connection with such work and for the depreciation on the tools and equipment. The engineer or other officer or employee shall keep such account, and within ninety days after the completion of any such work shall prepare a detailed and itemized statement of such cost and file the statement with the officer or board vested with authority to direct the doing of the work in question. Such officer or board shall thereupon examine the statement, correct it if necessary, and file it in the office of the officer or board. Such statement shall be kept on file for not less than two years and shall be open to public inspection.
This section and section 723.52 of the Revised Code do not apply to any municipal corporations having a charter form of government.
Last updated April 9, 2021 at 1:19 PM
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 723 | Streets; Public Grounds › Section 723.54 | Inspection of Bridges.

Effective:
June 30, 2021
Latest Legislation:
House Bill 74 - 134th General Assembly
The legislative authority of a municipality shall designate a municipal official to have responsibility for inspection of all or portions of bridges within such municipality, except for bridges on the state highway system and the county highway system.
This section does not prohibit the municipality from inspecting any bridge within its limits.
Such inspection shall be made by a professional engineer or other qualified person under the supervision of a professional engineer on a schedule established by the director of transportation, but at least once every twenty-four months, or more frequently if required by the legislative authority, in accordance with the manual of bridge inspection described in section 5501.47 of the Revised Code. The legislative authority may contract for inspection services.
The municipal official responsible for inspection shall maintain an updated inventory record of all bridges in the municipality and indicate on such inventory record who is responsible for inspection and maintenance, and the authority for such responsibilities.
The official shall report the condition of all bridges to the municipal legislative authority not later than sixty days after the official's inspection, or shall report more frequently if required by the legislative authority. Any bridge for which the municipality has inspection or maintenance responsibility which, at any time, is found to be in a condition that is or may be a potential danger to life or property shall be identified in reports, and if such official determines that the condition of such a bridge represents an immediate danger the official shall immediately report the condition to the legislative authority. With respect to those bridges where there exists joint maintenance responsibility, the municipal official shall furnish a copy of the official's report to each party responsible for a share of maintenance.
"Maintenance" as used in this section means actual performance of maintenance work.
Last updated April 9, 2021 at 1:19 PM
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 723 | Streets; Public Grounds › Section 723.55 | Restriction Upon Contract to Construct or Repair Bridges.

Effective:
June 11, 1968
Latest Legislation:
House Bill 480 - 107th General Assembly
A municipality shall not contract for or undertake construction or repair of a bridge, for which the cost of such work exceeds fifty thousand dollars, unless the plans are prepared or approved by a professional engineer qualified in the designing of bridges.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 725 | Urban Renewal Debt Retirement Fund › Section 725.021 | Notice to Board of Education Prior to Grant of Exemption.

Effective:
March 27, 1991
Latest Legislation:
House Bill 103 - 118th General Assembly
The municipal corporation shall not take any formal action to enter into a development agreement that exempts improvements to real property from taxation in the manner set forth in section 725.02 of the Revised Code until section 5709.83 of the Revised Code has been complied with.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 725 | Urban Renewal Debt Retirement Fund › Section 725.03 | Urban Renewal Debt Retirement Fund.

Effective:
July 22, 1994
Latest Legislation:
Senate Bill 19 - 120th General Assembly
The legislative authority of a municipal corporation upon the authorization of urban renewal bonds, whether a single issue or a series, shall, at the same time, establish an urban renewal debt retirement fund for such single issue or series. The legislative authority shall also establish an urban renewal debt retirement fund upon its adoption of a resolution authorizing the repayment of any loans from the state for public infrastructure capital improvements issued pursuant to Chapter 164. of the Revised Code that were used by the municipal corporation for any urban renewal projects. That fund shall be used to repay such loans. The legislative authority may authorize any urban renewal debt retirement fund to be used for both purposes provided for in this section.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 725 | Urban Renewal Debt Retirement Fund › Section 725.04 | Semiannual Urban Renewal Service Payments in Lieu of Taxes.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
A development agreement shall contain an agreement binding on the owner or owners of the improvements, and all subsequent owners of the improvements, to make semiannual urban renewal service payments, in lieu of taxes upon the improvements during the exemption period, equal annually in the aggregate to the amount of real property taxes that would have been paid on the portion of the assessed valuation of the improvements declared to be a public purpose had an exemption period not been specified by the municipal corporation. A development agreement may contain an obligation binding on the owner or owners of the improvements, and all subsequent owners of the improvements, to make a semiannual urban renewal service payment in an amount that is higher than the amount of real property taxes that would have been paid on the assessed valuation of the improvements had an exemption period not been specified by the municipal corporation. All semiannual urban renewal service payments shall be collected at the same time that real property taxes are collected. The entire amount of these urban renewal service payments, when collected, shall be deposited in an urban renewal debt retirement fund established pursuant to section 725.03 of the Revised Code.
If the municipal corporation owns the improvements, it may require the lessee of the improvements to make the semiannual urban renewal service payments required under this section.
The legislative authority of the municipal corporation may secure the urban renewal service payments by a lien on the improvements. Such a lien shall attach, and may be perfected, collected, and enforced, in the same manner as a mortgage lien on real property, and shall otherwise have the same force and effect as a mortgage lien on real property.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 725 | Urban Renewal Debt Retirement Fund › Section 725.06 | Form and Selling of Bonds.

Effective:
September 26, 1988
Latest Legislation:
House Bill 774 - 117th General Assembly
Urban renewal bonds issued under section 725.05 of the Revised Code shall be in such form and shall be sold in such manner and upon such terms and price as determined by ordinance of the municipal corporation issuing such bonds to be in the best interest of such municipal corporation.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 725 | Urban Renewal Debt Retirement Fund › Section 725.08 | Proceeds Used for Urban Renewal Project or Projects.

Effective:
September 26, 1988
Latest Legislation:
House Bill 774 - 117th General Assembly
The proceeds of each issue of urban renewal bonds issued pursuant to sections 725.01 to 725.11 of the Revised Code shall be used for the urban renewal project or projects or any parts thereof designated in the ordinance authorizing such issue and the necessary expenses of preparing, printing, and selling said bonds, legal services, and transfer expense, or to advance the payment of interest on such bonds during the first seven years following the date of the bonds, but subject to such conditions, limitations, and covenants with the purchasers and holders of the bonds as shall be provided in the ordinance authorizing the bonds and in the trust agreement securing the same.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 725 | Urban Renewal Debt Retirement Fund › Section 725.09 | Bonds Not a Debt of State.

Effective:
September 26, 1988
Latest Legislation:
House Bill 774 - 117th General Assembly
(A) Urban renewal bonds issued pursuant to divisions (A) and (C) of section 725.05 of the Revised Code do not constitute a debt, or a pledge of the faith and credit of the issuing municipal corporation.
All such urban renewal bonds described in this division shall contain on the face thereof a statement to the effect that the bonds, as to both principal and interest, are not a general obligation of the issuing municipal corporation but are payable solely from receipts pledged for their payment.
(B) Urban renewal bonds issued pursuant to division (B) of section 725.05 of the Revised Code shall constitute a debt and shall include a pledge of the full faith and credit of the issuing municipal corporation.
All such urban renewal bonds described in this division shall contain on the face thereof a statement to the effect that the bonds, as to both principal and interest, are a general obligation of the issuing municipal corporation and include a pledge of the full faith and credit of the issuing municipal corporation.
(C) Section 9.96 and sections 9.98 to 9.983 of the Revised Code are applicable to urban renewal bonds, but urban renewal bonds need not comply with and are not subject to the limitations or requirements of any other law applicable to the issuance of bonds and notes or net indebtedness including, but not limited to, Chapter 133. of the Revised Code.
(D) Urban renewal bonds and coupons attached thereto shall be executed in the name of the municipal corporation by the manual or facsimile signatures of such official or officials as are then empowered by law to execute bonds payable from the general funds of such municipal corporation. In case any officer whose manual or facsimile signature appears on any such bond or coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes as if he had remained in office until such delivery. The ordinance or trust agreement may provide for the certification or authentication of the bonds by the trustee, bond registrar, or fiscal agent thereunder.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 725 | Urban Renewal Debt Retirement Fund › Section 725.10 | Bonds Are Lawful Investments.

Effective:
September 26, 1988
Latest Legislation:
House Bill 774 - 117th General Assembly
Urban renewal bonds issued under sections 725.01 to 725.11 of the Revised Code are lawful investments of banks, savings banks, savings and loan associations, trust companies, trustees, fiduciaries, trustees or other officers having charge of sinking or bond retirement funds of municipal corporations and other subdivisions of this state, and of domestic insurance companies.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 725 | Urban Renewal Debt Retirement Fund › Section 725.11 | Urban Renewal Bonds Secured by Trust Agreement.

Effective:
September 26, 1988
Latest Legislation:
House Bill 774 - 117th General Assembly
Urban renewal bonds issued under sections 725.01 to 725.11 of the Revised Code may be secured by a trust agreement between the municipal corporation and a corporate trustee, which trustee may be any trust company or bank having the powers of a trust company within or without the state.
Any such trust agreement and the ordinance providing for the issuance of such bonds may pledge or assign all revenues as defined in division (D) of section 725.01 of the Revised Code, or any part thereof, and all moneys deposited into the urban renewal debt retirement fund established for such bonds pursuant to section 725.03 of the Revised Code and may provide for the holding in trust by the trustee to the extent provided for in the ordinance authorizing such bonds, of all such revenues and moneys.
Any such trust agreement, or any ordinance providing for the issuance of such bonds, may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as are reasonable and proper and not in violation of law, including covenants setting forth the duties of the municipal corporation.
Any bank or trust company incorporated under the laws of this state which may act as trustee or as depository of the proceeds of bonds or revenues may furnish such indemnifying bonds or may pledge such securities as are required by the municipal corporation. Any such trust agreement may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action by bondholders as is customary in trust agreements or trust indentures securing bonds or debentures of corporations. Such trust agreements may contain such other provisions as the municipal corporation deems reasonable and proper for the security of the bondholders.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 727 | Assessments - Generally › Section 727.011 | Control, Planting, Care, and Maintenance of Shade Trees.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
For the purpose of controlling the blight and disease of shade trees within public rights-of-way, and for planting, maintaining, trimming, and removing shade trees in and along the streets of a municipality, the legislative authority of such municipal corporation may establish one or more districts in the municipality designating the boundaries thereof, and may each year thereafter, by ordinance, designate the district in which such control, planting, care, and maintenance shall be effected, setting forth an estimate of the cost and providing for the levy of a special assessment upon all the real property in the district, in the amount and in the manner provided in section 727.01 of the Revised Code, for planting, maintaining, trimming, and removing shade trees. The ordinance shall be adopted as other ordinances and a succinct summary of the ordinance shall be published in the manner provided in section 731.21 of the Revised Code. Bonds and anticipatory notes may be issued in anticipation of the collection of such special assessments, under section 133.17 of the Revised Code.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 727 | Assessments - Generally › Section 727.012 | Constructing, Maintaining, Repairing, Cleaning, and Enclosing of Ditches.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
For the purpose of constructing, maintaining, repairing, cleaning, and enclosing ditches, the legislative authority of such municipal corporation may establish one or more districts in the municipality designating the boundaries thereof, and may each year thereafter, by ordinance, designate the district in which such constructing, maintaining, repairing, cleaning, and enclosing of ditches shall be effected, setting forth an estimate of the cost and providing for the levying of a special assessment upon all the real property in the district, in the amount and in the manner provided in section 727.01 of the Revised Code, for constructing, maintaining, repairing, cleaning, and enclosing ditches. The ordinance shall be adopted as other ordinances and a succinct summary of the ordinance shall be published in the manner provided in section 731.21 of the Revised Code. Bonds and anticipatory notes may be issued in anticipation of the collection of such special assessments, under section 133.17 of the Revised Code.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 727 | Assessments - Generally › Section 727.013 | Relocation of Overhead Cables, Wires, and Appurtenant Equipment.

Effective:
September 4, 1970
Latest Legislation:
House Bill 1017 - 108th General Assembly
A municipal corporation may contract with any corporation, company, partnership, association, or person maintaining overhead cables, wires, and appurtenant equipment on a street of the municipal corporation for the relocation of such overhead cables, wires, and appurtenant equipment underground within the limits of the street. Such contract shall provide for the payment of the contract price by the municipal corporation in not less than five nor more than ten annual installments. Any part of the cost of relocating such overhead wires, cables, and appurtenant equipment to be paid by the municipal corporation pursuant to such contract, or the cost incurred by the municipal corporation in the relocation of its own overhead wires, cables, and appurtenant equipment within street limits, may be assessed upon the abutting, adjacent and contiguous or other specially benefited lots or lands in the municipal corporation in the manner provided in sections 727.01 to 727.49, inclusive, of the Revised Code. A proceeding for the relocation of overhead wires, cables, and appurtenant equipment underground may be combined with a proceeding for the furnishing of new street lighting facilities or other street improvement.
A municipal corporation may, by ordinance, adopt and enforce regulations requiring owners of property abutting upon a street in which overhead wires, cables, and appurtenant equipment supplying a utility service have been relocated underground and service connections have been provided to the property line, to install underground wires, cables, or conduits from the property line to the buildings or other structures on such property to which such utility service is supplied.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 727 | Assessments - Generally › Section 727.02 | Fixing Value of Lands Not Assessed for Taxation.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In making a special assessment by percentage of the tax value or by the foot front on lots or lands not subdivided into lots, when such lots or lands are not assessed for taxation, the legislative authority of a municipal corporation shall fix, for the purpose of such assessment, the value of such lots as they stand and of such lands at what the legislative authority considers a fair average depth for lots in the neighborhood, so that it will be a fair average of the assessed value of other lots in the neighborhood. In making assessments either way on land not subdivided into lots but which is assessed for taxation, the legislative authority shall fix the value and depth in the same manner, but such rule shall not apply in making aa special assessment according to benefits.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 727 | Assessments - Generally › Section 727.03 | Limitation on Special Assessments.

Effective:
October 9, 1963
Latest Legislation:
Senate Bill 19 - 105th General Assembly
The legislative authority of a municipal corporation shall limit all special assessments levied under sections 727.01 to 727.49, inclusive, of the Revised Code, to the special benefits conferred upon the property assessed. In no case shall there be levied, under sections 727.01 to 727.49, inclusive, of the Revised Code, upon a lot or parcel of land in the municipal corporation, any assessment for any purpose which, together with all assessments made for all other purposes within a period of five years preceding the passage of the assessing ordinance under section 727.25 of the Revised Code, would be in excess of thirty-three and one-third per cent of the actual value of such lot or parcel including improvements thereon, as enhanced by the improvement for which the assessment is levied, such value to be determined as of the date of the assessing ordinance passed under section 727.25 of the Revised Code, except as provided by section 727.06 of the Revised Code. Assessments levied for the construction of main sewers shall not exceed the sum that, in the opinion of the legislative authority, would be required to construct an ordinary street sewer or drain of sufficient capacity to drain or sewer the lots or lands to be assessed for such improvement, nor shall any lots or lands be assessed that are provided with adequate drainage.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 727 | Assessments - Generally › Section 727.031 | Exemption From Special Assessments - Nonprofit Arts Institutions.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
(A) As used in this section:
(1) "Nonprofit arts institution" has the same meaning as in division (G) of section 5709.121 of the Revised Code.
(2) "Qualifying real property" means any real property that is located in a county having a population greater than five hundred thousand but less than five hundred forty thousand and that is either (i) owned and operated by a nonprofit arts institution or (ii) owned and operated by a limited liability company whose sole member is a nonprofit arts institution.
(B) For tax years 2020 to 2024, qualifying real property is exempt from special assessments levied under Chapter 727. or 729. of the Revised Code, provided no delinquent special assessments and related interest and penalties are levied or assessed against any property owned by the owner and operator of the qualifying real property for that tax year.
Last updated July 14, 2021 at 5:24 PM
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 727 | Assessments - Generally › Section 727.04 | Assessments for Repaving of Streets.

Effective:
January 1, 1962
Latest Legislation:
House Bill 262 - 104th General Assembly
When a special assessment is levied under sections 727.01 to 727.49, inclusive, of the Revised Code, by the legislative authority of a municipal corporation for the reimproving of any street within the municipal corporation by paving, for the original paving of which a special assessment has previously been levied by ordinance of the municipal corporation within the last twenty years, such assessments for repaving shall not exceed fifty per cent of the cost of such repaving.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 727 | Assessments - Generally › Section 727.05 | Portion of Improvement Cost to Be Paid by Municipal Corporation.

Effective:
January 1, 1962
Latest Legislation:
House Bill 262 - 104th General Assembly
The municipal corporation shall pay such part of the total cost of improvements for which special assessments are levied under sections 727.01 to 727.49, inclusive, of the Revised Code, as the legislative authority thereof deems just, which part shall not be less than one-fiftieth of the total cost of the improvement, and in addition thereto, the municipal corporation shall pay the cost of intersections, except as provided by section 727.06 of the Revised Code.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 727 | Assessments - Generally › Section 727.06 | Petition by 60% of Owners of Front Footage for Improvement.

Effective:
October 9, 1963
Latest Legislation:
Senate Bill 19 - 105th General Assembly
When a petition subscribed by the owners of sixty per cent of the front footage of property abutting upon a street, alley, public road, place, boulevard, parkway, park entrance, easement, or other public improvement in a municipal corporation, or the owners of seventy-five per cent of the area to be assessed for such improvement, requesting such improvement, is regularly presented to the legislative authority of the municipal corporation, the total cost of such improvement, including the cost of intersections, regardless of the limitations of sections 727.03 and 727.04 of the Revised Code, and without reference to the value of the lands of those who subscribe to such petition, may be assessed and collected in equal annual installments, proportioned to the whole assessment, in a manner which may be fixed by the legislative authority. When the lot or land of one who did not subscribe to the petition is assessed, such assessment shall not exceed the thirty-three and one-third per cent limitation prescribed by section 727.03 of the Revised Code.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 727 | Assessments - Generally › Section 727.07 | Change in Grade Assessment.

Effective:
January 1, 1962
Latest Legislation:
House Bill 262 - 104th General Assembly
When a street, alley, public highway, sidewalk, wharf, or landing within a municipal corporation is graded, or pavements are constructed in conformity to grades established by the authorities of the municipal corporation, and the expense of such work is assessed on the lots or lands benefited thereby, such lots or lands shall not be subject to any special assessment occasioned by any subsequent change of grade in such pavement, sidewalk, street, alley, public highway, wharf, or landing unless a petition for the change is subscribed by a majority of such owners. The expense of improvements occasioned by such change of grade, not so petitioned for, shall be included as part of the cost of the improvement to be paid by the municipal corporation.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 727 | Assessments - Generally › Section 727.08 | Determining Total Cost of Public Improvement.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
The cost of any public improvement to be paid for directly or indirectly, in whole or in part, by funds derived from special assessments may include but not be limited to:
(A) The purchase price of real estate or any interest therein when acquired by purchase, or not more than fifty per cent of the cost of acquiring such real estate or any interest therein when acquired by appropriation;
(B) The cost of preliminary and other surveys;
(C) The cost of preparing plans, specifications, profiles, and estimates except, to the extent that costs of plans, specifications, and estimates of cost have been paid for by the levy of assessments under section 729.11 of the Revised Code, such costs shall not be included in determining the cost of the improvement under this section;
(D) The cost of printing, serving, and publishing notices and summaries of resolutions and ordinances;
(E) The cost of all special proceedings;
(F) The cost of labor and material, whether furnished by contract or otherwise;
(G) Interest on securities issued in anticipation of the levy and collection of the special assessments or, if securities in anticipation of the levy of the special assessments are not issued, interest, at a rate to be determined by the legislative authority in the resolution of necessity adopted pursuant to section 727.12 of the Revised Code, on moneys advanced by the municipal corporation for the cost of the public improvement in anticipation of the levy of the special assessments;
(H) The total amount of damages, resulting from the improvement, assessed in favor of any owner of lands affected by the improvement, and interest thereon;
(I) The cost incurred in connection with the preparation, levy, and collection of the special assessments, including legal expenses incurred by reason of the improvement;
(J) Incidental costs directly connected with the improvement.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 727 | Assessments - Generally › Section 727.09 | Special Assessment Proceedings May Include More Than One Improvement.

Effective:
September 4, 1970
Latest Legislation:
House Bill 1017 - 108th General Assembly
When it is determined by the legislative authority of a municipal corporation and is recited in the resolution of necessity adopted under section 727.12 of the Revised Code, that the streets, alleys, easements, or other public places, or parts thereof, to be improved by construction of sidewalks, curbs, gutters, sewers, drains, or water lines or by paving, lighting, relocating overhead wires, cables, and appurtenant equipment underground, or treating the surface with dust-laying or preservative substances, sprinkling, sweeping, or cleaning are so situated in relation to each other that in order to complete the improvement thereof in the most practical and economical manner they should be improved at the same time, with the same kind of materials, and in the same manner, then such streets, alleys, easements, or other public places, or parts thereof, may be treated as a single improvement, and one resolution, ordinance, or contract providing for such improvement may include one or more of such streets, alleys, easements, or other public places, or parts thereof, at the discretion of the legislative authority, whose determination in respect thereto shall be final.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 727 | Assessments - Generally › Section 727.10 | Describing Lots and Lands to Be Charged.

Effective:
January 1, 1962
Latest Legislation:
House Bill 262 - 104th General Assembly
In all proceedings in which lots or lands are to be charged with special assessments to pay any part of the cost of a public improvement, such lots and lands bounding and abutting upon the improvement may be described as all the lots and lands bounding and abutting upon such improvement between and including the termini of the improvement and those lots and lands which do not so bound and abut may be described by their appropriate lot numbers or by metes and bounds.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 727 | Assessments - Generally › Section 727.11 | Annual Installment Payment Schedules.

Effective:
November 1, 1991
Latest Legislation:
House Bill 104 - 119th General Assembly
Special assessments for any improvement under this chapter shall be payable in annual installments pursuant to one or more payment schedules authorized by the legislative authority in the resolution of necessity adopted pursuant to section 727.12 of the Revised Code. Except as otherwise provided in section 727.251 of the Revised Code, the number of annual installments of any assessment for street lighting purposes or to pay the costs of relocating overhead wires, cables, and appurtenant equipment underground shall not exceed thirty and the number of annual installments of all other assessments shall not exceed the maximum maturity for which securities could be issued in anticipation thereof under Chapter 133. of the Revised Code. If no period of maximum maturity is so specified, then the period for which such other assessments shall be levied, except as otherwise provided under section 727.251 of the Revised Code, shall not be less than one year, but may not exceed the estimated life of the usefullness of the improvement as certified by the fiscal officer of the municipal corporation.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 727 | Assessments - Generally › Section 727.13 | Notice of Passage of Resolution of Necessity and Filing of Estimated Assessment.

Effective:
April 12, 2021
Latest Legislation:
Senate Bill 259 - 133rd General Assembly
(A) Notice of the passage of a resolution of necessity and the filing of the estimated assessment under section 727.12 of the Revised Code, shall, after the estimated assessment has been made and filed as provided by section 727.12 of the Revised Code, be served by the clerk of the legislative authority, or a person designated by such clerk, upon the owners of the lots or parcels of land to be assessed for the proposed improvement, in the same manner as service of summons in civil cases, or by certified mail addressed to such owner at the owner's last known address or to the address to which tax bills are sent, or by a combination of the foregoing methods.
(B)(1) If it appears by the return of service or the return of the certified mail notice that one or more of the owners cannot be found, such owners shall be served by either or both of the following methods:
(a) Publication of the notice once in a newspaper of general circulation within the municipal corporation;
(b) Publication of the notice on the web site of the municipal corporation.
(2) The notice shall also set forth the place where such estimated assessments are on file and are open for public inspection.
(C) The return of the person serving the notice or a certified copy thereof or a returned receipt for notice forwarded by certified mail accepted by the addressee or anyone purporting to act for the addressee shall be prima-facie evidence of the service of notice under this section.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 727 | Assessments - Generally › Section 727.14 | Publishing Notice of Certain Special Assessments.

Effective:
April 12, 2021
Latest Legislation:
Senate Bill 259 - 133rd General Assembly
(A) In lieu of the procedure provided in section 727.13 of the Revised Code, the legislative authority may provide for notice of the passage of a resolution of necessity providing for the lighting, sprinkling, sweeping, or cleaning of any street, alley, public road, or place, or parts thereof or for treating the surface of the same with dust-laying or preservative substances, or for the planting, maintaining, and removing of shade trees, or for the constructing, maintaining, repairing, cleaning, and enclosing of ditches, and the filing of the estimated assessment under section 727.12 of the Revised Code, to be given by any or all of the following methods:
(1) Publication of such notice once a week for two consecutive weeks in a newspaper of general circulation in the municipal corporation;
(2) Publication of such notice on the web site of the municipal corporation;
(3) As provided in section 7.16 of the Revised Code.
(B) When it appears from the estimated assessment filed as provided by section 727.12 of the Revised Code, that the assessment against the owner of any lot or parcel of land will exceed five hundred dollars, such owner shall be notified of the assessment in the manner provided in section 727.13 of the Revised Code.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 727 | Assessments - Generally › Section 727.15 | Objection Filed by Owner.

Effective:
January 1, 1962
Latest Legislation:
House Bill 262 - 104th General Assembly
The owner of any lot or parcel of land who objects to the amount or apportionment of, or the assessment against such lot or parcel as set forth in the estimated assessment filed under section 727.12 of the Revised Code, shall file such objection, in writing, with the clerk of the legislative authority within two weeks from the date of completion of the notice required under section 727.13 of the Revised Code. Such objection shall include the address for mailing of the notice provided in section 727.16 of the Revised Code. An owner who fails to so file an objection shall be deemed to have waived any objection.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 727 | Assessments - Generally › Section 727.16 | Assessment Equalization Board.

Effective:
January 1, 1962
Latest Legislation:
House Bill 262 - 104th General Assembly
In the event the owner of any lot or parcel of land to be assessed objects to the amount or apportionment of the estimated assessment or to the assessment against such lot or parcel, as provided in section 727.15 of the Revised Code, the legislative authority of the municipal corporation shall appoint an assessment equalization board, consisting of three disinterested freeholders of the municipal corporation, and shall fix the time and place for the hearing by such board of such objections, and the clerk of the legislative authority shall notify, by certified mail, the persons so objecting of the time and place of such hearing. Such notice shall be mailed at least five days before the date of such hearing. In the event that all lands within the municipal corporation are to be subject to assessment, the assessment equalization board shall consist of three disinterested freeholders from the county outside the municipal corporation.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 727 | Assessments - Generally › Section 727.17 | Powers and Duties of Board.

Effective:
January 1, 1962
Latest Legislation:
House Bill 262 - 104th General Assembly
On the day appointed by the legislative authority of the municipal corporation for that purpose, the assessment equalization board appointed under section 727.16 of the Revised Code, shall meet and take an oath before a proper officer to honestly and impartially discharge its duties. It shall at such meeting or at any adjournment thereof, hear and determine all objections to the estimated assessment which have been filed under section 727.15 of the Revised Code, and shall equalize such estimated assessments as it thinks proper to conform to the standards prescribed in the resolution adopted under section 727.12 of the Revised Code.
If the board determines to increase the estimated assessment against any lot or parcel of land or to assess any lot or parcel of land not included in the estimated assessment and the owner of such lot or parcel of land has not filed an objection to the estimated assessment under section 727.15 of the Revised Code, the board shall notify such owner by certified mail of such fact and set a time and place for a hearing on such increase or assessment. Such notice shall be mailed at least five days before the date of such hearing.
After the completion of all hearings provided for by this section the board shall report to the legislative authority its recommendations including any changes which should be made in the estimated assessment.
The legislative authority may approve or disapprove the report including any changes recommended by the board in the estimated assessment.
In the event the legislative authority disapproves the report of the board it shall appoint a new equalization board and shall fix the time and place for the hearing by such board of objections to the estimated assessments. Such new board shall have the same powers and duties and shall proceed in the same manner as the original board.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 727 | Assessments - Generally › Section 727.18 | Filing Damage Claims.

Effective:
January 1, 1962
Latest Legislation:
House Bill 262 - 104th General Assembly
An owner of a lot or parcel of land, claiming that he will sustain damages by reason of a proposed public improvement, to be paid for in whole or in part by special assessments, shall, within two weeks from the date of completion of the notice required under section 727.13 of the Revised Code, file a claim in writing with the clerk of the legislative authority of the municipal corporation, setting forth the amount of the damages claimed and a general description of the property with respect to which it is claimed such damages will accrue. An owner who fails to file such claim, shall be deemed to have waived damages and shall be barred from filing a claim or receiving damages. This section applies to all damages which will obviously result from the improvement, but shall not deprive the owner of his right to recover damages arising, without his fault, from the acts of the municipal corporation or its agents. If, subsequent to the filing of such claim, the owner sells the property, or any part thereof, the assignee has the same right to damages which the owner would have had without the transfer.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 727 | Assessments - Generally › Section 727.19 | Claims for Damages.

Effective:
January 1, 1966
Latest Legislation:
Senate Bill 94 - 106th General Assembly
When claims for damages are filed under section 727.18 of the Revised Code and the legislative authority of the municipal corporation determines in the ordinance adopted under section 727.23 of the Revised Code that the damages shall be assessed before commencing such improvement, the municipal corporation shall, within ten days after the passage of the ordinance to proceed with the improvement under section 727.23 of the Revised Code, make a written application for a jury to the court of common pleas, or a judge thereof in vacation, or to the probate court of the county in which the municipal corporation or the larger area of it is situated. The court shall direct the summoning of a jury in the manner provided by section 163.10 of the Revised Code, and shall fix the time and place for the inquiry and the assessment of such damages, which inquiry and the assessments shall be confined to such claims.