reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6113 | Ohio River Sanitation Compact › Section 6113.03 | Powers and Duties of Commission - Jurisdiction and Enforcement.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
There is hereby granted to the Ohio river valley water sanitation commission and the commissioners thereof all the powers provided for in the Ohio river valley water sanitation compact set forth in section 6113.01 of the Revised Code and all the powers necessary or incidental to the carrying out of said compact in every particular. All officers of the state shall do all things falling within their respective provinces and jurisdiction necessary or incidental to the carrying out of said compact in every particular. It is the policy of the state to perform and carry out said compact and to accomplish the purposes thereof. All officers, bureaus, departments, and persons of and in the government or administration of the state at convenient times and upon request of said commission shall furnish said commission with information and data possessed by them and shall aid said commission by loan of personnel or other means lying within their legal powers respectively.
The courts of common pleas are hereby granted the jurisdiction specified in article IX of said compact, and the office of the attorney general or any other law enforcing officer of the state may institute any action for the enforcement of the orders of the commission as specified in said article IX of the compact.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6113 | Ohio River Sanitation Compact › Section 6113.04 | Powers Supplemental to Powers Vested by Other Laws.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Any powers granted to the Ohio river valley water sanitation commission under sections 6113.01 to 6113.03, inclusive, of the Revised Code, shall be regarded as in aid of and supplemental to and in no case a limitation upon any of the powers vested in said commission by other laws of the state of Ohio or by the laws of the states of Illinois, Indiana, Kentucky, New York, Pennsylvania, Tennessee, and West Virginia, or by congress or the Ohio river valley water sanitation compact.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6115 | Sanitary Districts › Section 6115.01 | Sanitary District Definitions.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
As used in sections 6115.01 to 6115.79 of the Revised Code:
(A) "Publication" means once a week for three consecutive weeks in a newspaper of general circulation in the counties wherein publication is to be made or as provided in section 7.16 of the Revised Code. Publication need not be made on the same day of the week in each of the weeks; but not less than fourteen days, excluding the day of first publication, shall intervene between the first publication and the last publication. Publication shall be complete on the date of the last publication.
(B) "Person" means person, firm, partnership, association, or corporation, other than county, township, municipal corporation, or other political subdivision.
(C) "Public corporation" means counties, townships, municipal corporations, school districts, road districts, ditch districts, park districts, levee districts, and all other governmental agencies clothed with the power of levying general or special taxes.
(D) "Court" means the court of common pleas in which the petition for the organization of a sanitary district was filed and granted. In the case of a district lying in more than one county, "court" means the court comprised of one judge of the court of common pleas from each county as provided in section 6115.04 of the Revised Code.
(E) "Land" or "property," unless otherwise specified, means real property, as "real property" is used in and defined by the laws of this state, and embraces all railroads, tramroads, roads, electric railroads, street and interurban railroads, streets and street improvements, telephones, telegraph, and transmission lines, gas, sewerage, and water systems, pipelines and rights-of-way of public service corporations, and all other real property whether public or private.
(F) "Board of directors" applies to the duties of one director appointed in accordance with section 6115.10 of the Revised Code in a district lying wholly within one county.
(G) "Biting arthropods" include mosquitoes, ticks, biting flies, or other biting arthropods capable of transmitting disease to humans.
(H) "Bond" or "bonds" means bonds, notes, certificates of indebtedness, certificates of participation, commercial paper, and other instruments in writing, including, unless the context does not admit, bonds or notes issued in anticipation of the issuance of other bonds, issued by a sanitary district to evidence its obligation to repay money borrowed, or to pay interest, by, or to pay at any future time other money obligations of, the sanitary district.
(I) "Financing costs" has the same meaning as in division (K) of section 133.01 of the Revised Code.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6115 | Sanitary Districts › Section 6115.02 | Sanitary District Tax Books and Records.

Effective:
July 8, 1993
Latest Legislation:
Senate Bill 105 - 120th General Assembly
The tax books and records provided for in this chapter shall be termed "sanitary district books" or "sanitary district records," and such titles shall be printed, stamped, or written thereon.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6115 | Sanitary Districts › Section 6115.03 | Jurisdiction, Evidence, Forms Establishing Sanitary District.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
(A) In any orders of court the words "The court now here finds that it hath jurisdiction of the parties to and of the subject matter of this proceeding" are equivalent to a finding that each jurisdictional fact necessary to confer plenary jurisdiction upon the court, beginning with the proper signing and filing of the initial petition to the date of the order, meets every legal requirement imposed by sections 6115.01 to 6115.79, inclusive, of the Revised Code.
(B) No other evidence of the legal hypothecation of the special tax to the payment of the bonds is required than the passage of a bonding resolution by the board of directors of a sanitary district and the issuance of bonds in accordance therewith.
(C) In the preparation of any assessment or appraisal roll the usual abbreviations employed by engineers, surveyors, and abstractors may be used.
(D) Where properly to describe any parcel of land, it would be necessary to use a long description, the board of appraisers of a sanitary district, after locating the land generally, may refer to the book and page of the public record of any instrument in which the land is described, which reference shall suffice to identify for all the purposes of such sections the land described in the public record so referred to.
(E) It is not necessary in any notice required by such sections to be published to specify the names of the owners of the lands or of the persons interested therein; but any such notice may be addressed "To All Persons Interested" with like effect as though such notice named by name every owner of any lands within the territory specified in the notice and every person interested therein, and every lienor, actual or inchoate.
(F) Every district declared upon hearing to be a sanitary district shall thereupon become a political subdivision and a public corporation of the state, invested with all the powers and privileges conferred upon such districts by such sections.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6115 | Sanitary Districts › Section 6115.04 | Establishment and Purpose of Sanitary Districts.

Effective:
October 9, 1981
Latest Legislation:
House Bill 156 - 114th General Assembly
The court of common pleas of any county in this state, when the conditions stated in section 6115.05 of the Revised Code are found to exist, may establish sanitary districts within the county in which the court is located. Districts partly within and partly without such county may also be established by a court comprised of one judge of the court of common pleas from each county having area within the district, as provided in section 6115.08 of the Revised Code.
If there are but two judges who sit as a court under this section, and the judges are unable to agree as to the establishment of such district or upon any other question left for their decision, then a third judge from a disinterested county shall be appointed by the chief justice of the supreme court, which judge shall sit with the other two judges, and the decisions of a majority of the judges shall be final. Compensation for such judge shall be fixed by the chief justice.
Sanitary districts may be established for any of the following purposes:
(A) To prevent and correct the pollution of streams;
(B) To clean and improve stream channels for sanitary purposes;
(C) To regulate the flow of streams for sanitary purposes;
(D) To provide for the collection and disposal of sewage and other liquid wastes produced within the district;
(E) To provide a water supply for domestic, municipal, and public use within the district, and incident to those purposes and to enable their accomplishment to construct reservoirs, trunk sewers, intercepting sewers, siphons, pumping stations, wells, intakes, pipe lines, purification works, treatment and disposal works, to maintain, operate, and repair the same, to acquire additional water supplies by purchase, and to do all other things necessary for the fulfillment of the purposes of sections 6115.01 to 6115.79 of the Revised Code;
(F) To reduce populations of biting arthropods and abate their breeding places, and incident to those purposes to purchase supplies, materials, and equipment, to employ technicians and laborers, to build, construct, maintain, and repair such structures, devices, and improvements, to conduct studies and surveys of the populations of biting arthropods and of the incidence or spread within or among human or animal populations of diseases transmitted by biting arthropods, and to do such other things as are necessary or desirable to accomplish those purposes;
(G) To collect and dispose of garbage;
(H) To collect and dispose of any other refuse that may become a menace to health.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6115 | Sanitary Districts › Section 6115.06 | Bond for Expenses to Be Filed With Petition.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
At the time of filing the petition provided for in section 6115.05 of the Revised Code, or at any time subsequent thereto and prior to the time of the hearing on said petition, a bond shall be filed, with security approved by the court, sufficient to pay all the expenses connected with the proceedings in case the court refuses to organize the sanitary district. If at any time during the proceeding the court is satisfied that the bond first executed is insufficient in amount, it may require the execution of an additional bond within a time to be fixed, which shall be not less than ten days distant, and upon failure of the petitioners to execute such additional bond the petition shall be dismissed.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6115 | Sanitary Districts › Section 6115.07 | Notice of Petition and Hearing - Jurisdiction.

Effective:
October 23, 1972
Latest Legislation:
Senate Bill 397 - 109th General Assembly
Immediately after the filing of the petition provided for in section 6115.05 of the Revised Code, the clerk of the court with whom such petition is filed shall give notice by publication, in accordance with the suggested form in division (A) of section 6115.79 of the Revised Code, of the pendency of the petition and of the time and place of the hearing thereon. The clerk shall send notice by certified mail to the director of environmental protection. Such clerk shall cause such notices to be served personally upon the clerk of each political subdivision within the proposed district.
The court of common pleas of the county in which the petition was filed shall thereafter for all purposes of sections 6115.01 to 6115.79 of the Revised Code, except as otherwise provided in such sections, maintain and have original and exclusive jurisdiction coextensive with the boundaries and limits of said district and of lands and other property proposed to be included in said district or affected by said district, without regard to the usual limits of its jurisdiction.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6115 | Sanitary Districts › Section 6115.09 | Filing and Recording Findings and Decree of Incorporation of District.

Effective:
August 1, 2003
Latest Legislation:
House Bill 95 - 125th General Assembly
Within thirty days after the sanitary district has been declared a corporation by the court, the clerk of such court shall transmit to the secretary of state, and to the county recorder in each of the counties having lands in said district, copies of the findings and the decree of the court incorporating said district. The same shall be filed and recorded in the office of the secretary of state in the same manner as articles of incorporation are required to be filed and recorded under the general law concerning corporations. Copies shall also be filed and become permanent records in the office of the recorder of each county in which a part of the district lies. Each recorder shall receive a base fee of one dollar for filing and preserving such copies and a housing trust fund fee of one dollar pursuant to section 317.36 of the Revised Code, and the secretary of state shall receive for filing and for recording said copies such fees as are provided by law for like services in similar cases.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6115 | Sanitary Districts › Section 6115.10 | Appointment of Directors.

Effective:
May 6, 1998
Latest Legislation:
House Bill 26 - 122nd General Assembly
Within thirty days after entering the decree incorporating a sanitary district, providing the district is wholly within one county, the court shall appoint one person who shall be a resident elector within the district as a director of the district for a term of five years from the date of the person's appointment. If the district is composed of more than one county or part thereof, each county is entitled to one director who shall be a resident elector of that county. In no event shall there be more than one director for each county. Except as otherwise provided in section 6115.103 of the Revised Code, the court shall fill all vacancies that occur in the office of director. However, the board of directors of a sanitary district organized after October 9, 1981, wholly for the reduction of populations of biting arthropods shall be composed and appointed in accordance with section 6115.101 of the Revised Code, and the board of directors of a sanitary district organized wholly for the purpose of providing a water supply for domestic, municipal, and public use that includes two municipal corporations in two counties shall be composed and appointed in accordance with section 6115.103 of the Revised Code.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6115 | Sanitary Districts › Section 6115.101 | Directors of Sanitary District Organized Wholly for Reduction of Populations of Biting Arthropods.

Effective:
October 9, 1981
Latest Legislation:
House Bill 156 - 114th General Assembly
The board of directors of a sanitary district organized after the effective date of this section wholly for the reduction of populations of biting arthropods shall consist of five members to be appointed by the advisory council of the district, one of whom shall be an employee of a city or general health district. Within sixty days after the court enters the decree incorporating the district, the advisory council shall make the initial appointments to the board of directors. Of the initial appointments to the board, one shall be for a term ending one year after the date upon which the court entered the decree, one shall be for a term ending two years after that date, one shall be for a term ending three years after that date, one shall be for a term ending four years after that date, and one shall be for a term ending five years after that date. Thereafter, terms of office shall be for five years, each term ending on the same day of the same month of the year as the term which it succeeds. Each member of the board shall hold office from the date of his appointment until the end of the term for which he was appointed. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall hold office for the remainder of that term. Any member shall continue in office subsequent to the expiration date of his term until his successor takes office, or until a period of sixty days has elapsed, whichever occurs first. Members of the board shall be residents of the sanitary district.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6115 | Sanitary Districts › Section 6115.11 | Oath, Bond of Director.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Each director of a sanitary district, before entering upon his official duties, shall take and subscribe to an oath before an officer authorized to administer oaths that he will honestly, faithfully, and impartially perform the duties of his office, and that he will not be interested directly or indirectly in any contract let for the purpose of carrying out sections 6115.01 to 6115.79, inclusive, of the Revised Code. Said oath shall be filed in the office of the clerk of the court of common pleas of the county from which the director was appointed.
Each director shall give a good and sufficient bond for the faithful and honest performance of his duties.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6115 | Sanitary Districts › Section 6115.12 | Seal - Records - Transcripts of Meetings.

Effective:
May 6, 1998
Latest Legislation:
House Bill 26 - 122nd General Assembly
(A) The director or board of directors of a sanitary district shall adopt a seal and shall keep in a well-bound book a record of all proceedings, minutes of all meetings, certificates, contracts, bonds given by employees, and corporate acts. The book shall be open to the inspection of all owners of property in the district and to all other interested parties.
(B) In addition to the requirements established in section 121.22 of the Revised Code, any court of jurisdiction meeting pursuant to section 6115.10 of the Revised Code in regard to the appointment, removal, or reappointment of a member of the board of directors of a sanitary district organized wholly for the purpose of providing a water supply for domestic, municipal, and public use or meeting for any other matter regarding such a district other than litigation involving the district shall keep a written transcript of the meeting and shall make the transcript available to the public upon request.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6115 | Sanitary Districts › Section 6115.13 | President of Board - Temporary Director - Quorum.

Effective:
October 9, 1981
Latest Legislation:
House Bill 156 - 114th General Assembly
Upon taking the oath of office, the board of directors of a sanitary district shall choose one of its members as president of the board.
If a district, other than a district organized after the effective date of this amendment wholly for the reduction of populations of biting arthropods, is composed of an even number of counties or parts thereof and the board finds itself unable to agree on any question pertaining to or in connection with its operation or management of that district, at the request of any director another person from within or without the district shall be appointed director temporarily by the court. The temporary director shall serve as a member of the board until the question in dispute has been satisfactorily adjusted. Compensation for the temporary director shall be fixed by the appointing court.
A majority of the board constitutes a quorum, and a concurrence of the majority in any matter within the board's duties is sufficient for its determination. All actions by the board shall be by resolution.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6115 | Sanitary Districts › Section 6115.14 | Secretary - Executive Director - Chief Engineer - Treasurer - Attorney - Employees.

Effective:
July 8, 1993
Latest Legislation:
Senate Bill 105 - 120th General Assembly
Upon taking the oath of office, the director or board of directors of a sanitary district shall select some suitable person as secretary. The secretary selected by the board may or may not be a member of the board. The secretary shall be the custodian of the records of the district and of its corporate seal and shall assist the board in such particulars as it directs in the performance of its duties. The secretary shall attest, under the corporate seal of the district, all certified copies of the official records and files of the district that are required of him by sections 6115.01 to 6115.79 of the Revised Code, or by any person ordering such copies and paying the reasonable cost of transcription. Any portion of a record so certified and attested prima facie imports verity. The secretary shall serve also as treasurer of the district, unless a treasurer is otherwise provided for by the board. The treasurer shall be the fiscal officer of the district.
The board may employ an executive director; a chief engineer who may be an individual, partnership, or corporation; an attorney; and such other engineers, attorneys, agents, and assistants as are needed, and may provide for their compensation, maintain, furnish, and equip offices, and purchase such office supplies, equipment, apparatus, appliances, instruments, and tools as are necessary, which, with all other necessary expenditures, shall be taken as a part of the cost of the improvement.
The employment of the executive director, secretary, treasurer, chief engineer, and attorney for the district shall be evidenced by agreements in writing, which, so far as possible, shall specify the amounts to be paid for their services.
The executive director shall perform such duties as may be prescribed by the board of directors, including the execution on behalf of the board of such contracts and agreements as may be authorized by resolution of the board, and may be the secretary of the board if the board appoints a treasurer who is not the secretary of the board.
The chief engineer shall be superintendent of all the works and improvements, and shall make a full report to the board and the executive director each year, or more often if required, and may make such suggestions and recommendations to the board as he deems proper.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6115 | Sanitary Districts › Section 6115.141 | Certificate of Available Funds.

Effective:
May 6, 1998
Latest Legislation:
House Bill 26 - 122nd General Assembly
The prohibition and requirements established under division (D) of section 5705.41 of the Revised Code, other than those applicable solely to counties, apply to a sanitary district established under this chapter.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6115 | Sanitary Districts › Section 6115.15 | Plans for Sewage or Other Liquid Waste or Treatment or Disposal Works Submitted to Board.

Effective:
October 9, 1981
Latest Legislation:
House Bill 156 - 114th General Assembly
If a sanitary district is established for purposes other than the provision of a water supply for domestic, municipal, and public use, or for the reduction of populations of biting arthropods, after the establishment of the district and the organization of the board of directors of the district no public corporation or person shall install within the district any outlet for discharge of sewage or other liquid waste or any treatment or disposal works until the plans therefor have been submitted to and have received the approval of the board.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6115 | Sanitary Districts › Section 6115.17 | Right of Entry for Surveys and Examinations.

Effective:
October 9, 1981
Latest Legislation:
House Bill 156 - 114th General Assembly
(A) The board of directors of any sanitary district, or its employees or agents, including contractors and their employees, and the board of appraisers of the sanitary district and its assistants, may enter upon lands within or without the district to make surveys and examinations to accomplish the necessary preliminary purposes of the district, or to have access to the work. They shall be liable, however, for actual damage done, but no unnecessary damage shall be done. In the case of a district organized wholly or partly for the reduction of populations of biting arthropods, the board of directors or its employees or agents may enter upon any lands within the district and inspect them to ascertain whether the owner, tenant, agent, or other person having charge of the lands is complying with the regulations of the board of directors pertaining to the prevention and elimination of stagnant water or other breeding places for biting arthropods.
(B) No person or corporation shall prevent any entrance upon lands authorized by division (A) of this section. Whoever violates this section shall be subject to a writ of injunction issued upon application of the board of directors by a court of proper jurisdiction.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6115 | Sanitary Districts › Section 6115.19 | Improvement Plan for District Organized to Provide Water Supply.

Effective:
July 8, 1993
Latest Legislation:
Senate Bill 105 - 120th General Assembly
In case a sanitary district or subdistrict is organized for the purpose of providing a water supply for domestic, municipal, and public use within such district or subdistrict, the board of directors of the sanitary district shall proceed to prepare a plan for the improvement. The proceedings in reference to the improvement shall in all matters conform to this chapter; except that in the issuance of bonds, in the levying of assessments or taxes, and in all other matters affecting only the improvements of the district for water supply for domestic, municipal, and public use all proceedings and records thereof shall be kept separate from and shall not be amalgamated with the proceedings and records of the district in case it is also organized for other purposes, and no maintenance assessments shall be levied upon the property of the district for the purpose of maintaining a water supply for domestic, municipal, and public use and the maintenance fund for such purpose shall be obtained from the sale of water to public corporations and persons within the district.
The board shall determine reasonable rates of compensation for such water, and may require bond to be given to secure the payment for such use. Upon the determination of any rate, the board shall make a report of its determination to the court. The court shall thereupon cause personal notice by summons to be given to the parties interested, stating that such a determination of rate has been made, that a hearing before the court will be had thereon on a certain day, and that objection may be made at such time to such determination. A hearing may be had before the court, and objections may be made in the same manner as in case of the appraisal of benefits. Upon the final determination of the matter by the court, the determination of such rate of compensation shall be conclusive and binding for the term and under the conditions specified in the lease or other agreement. If any user fails to pay for the use of the water in the manner specified by order of the court, the board may compel payment and may enjoin further use until such payment is made. The rights under any lease or sale shall not extend to a change of use or of place, time, or manner of use, except insofar as is specifically stated in the lease or other agreement. The compensation for the use of water furnished by the district may be made by payment according to a unit price per cubic foot of water used or in any other reasonable measurement of value received.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6115 | Sanitary Districts › Section 6115.191 | Assessing Interest on Unpaid Balance of Water Supply Payments.

Effective:
May 6, 1998
Latest Legislation:
House Bill 26 - 122nd General Assembly
If a municipal corporation, township, or other member or customer of a sanitary district organized wholly for the purpose of providing a water supply for domestic, municipal, and public use that includes two municipal corporations in two counties is delinquent in paying any moneys owed to the sanitary district for the supply of water from the district, the board of directors of the sanitary district may assess interest on the unpaid balance that reflects administrative and financial costs incurred by the sanitary district as a result of the delinquency.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6115 | Sanitary Districts › Section 6115.201 | Sanitary District Contract Requirements.

Effective:
June 30, 2010
Latest Legislation:
Senate Bill 85 - 128th General Assembly
Notwithstanding section 6115.20 of the Revised Code, the board of directors of a sanitary district may comply with section 9.29 of the Revised Code regarding any contract for the engineering, repair, sustainability, water quality management, and maintenance of a water storage tank and appurtenant facilities.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6115 | Sanitary Districts › Section 6115.21 | Dominant Right of Eminent Domain.

Effective:
September 13, 2010
Latest Legislation:
Senate Bill 162 - 128th General Assembly
The board of directors of a sanitary district, when it is necessary for the purposes of sections 6115.01 to 6115.79 of the Revised Code, shall have a dominant right of eminent domain over the right of eminent domain of railroad, telephone, gas, water power, and other companies and corporations, and over townships, counties, and municipal corporations.
In the exercise of this right due care shall be taken to do no unnecessary damage to other public utilities, and, in case of failure to agree upon the mode and terms of interference, not to interfere with their operation or usefulness beyond the actual necessities of the case, due regard being paid to the other public interests involved.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6115 | Sanitary Districts › Section 6115.22 | Condemnation of Land or Property.

Effective:
January 1, 1966
Latest Legislation:
Senate Bill 94 - 106th General Assembly
The board of directors of a sanitary district may condemn for the use of the district, any land or property within or without said district not acquired or condemned by the court on the report of the board of appraisers of the sanitary district, according to the procedure provided by sections 163.01 to 163.22, inclusive, of the Revised Code, instead of having appraisals and assessments made by the board of appraisers.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6115 | Sanitary Districts › Section 6115.221 | Appropriation of Property for Sewer Construction to Address Public Health Nuisance.

Effective:
May 6, 2005
Latest Legislation:
House Bill 411 - 125th General Assembly
(A) For the purposes of this section, either of the following constitutes a public exigency:
(1) A finding by the director of environmental protection that a public health nuisance caused by an occasion of unavoidable urgency and suddenness due to unsanitary conditions compels the immediate construction of sewers for the protection of the public health and welfare;
(2) The issuance of an order by the board of health of a health district to mitigate or abate a public health nuisance that is caused by an occasion of unavoidable urgency and suddenness due to unsanitary conditions and compels the immediate construction of sewers for the protection of the public health and welfare.
(B) If the board of directors of a sanitary district is unable to purchase property for the purpose of the construction of sewers to mitigate or abate the public health nuisance that is the subject of a finding of the director or an order of the board of health, the board of directors may adopt a resolution finding that it is necessary for the protection of the public health and welfare to appropriate property that the board of directors considers needed for that purpose. The resolution shall contain a definite, accurate, and detailed description of the property and the name and place of residence, if known or with reasonable diligence ascertainable, of the owners of the property to be appropriated.
The board of directors shall fix in its resolution what it considers to be the value of the property to be appropriated, which shall be the board's determination of the compensation for the property and shall be supported by an independent appraisal, together with any damages to the residue. The board shall deposit the compensation so determined, together with an amount for the damages to the residue, with the probate court or the court of common pleas of the county in which the property, or a part of it, is situated. Except as otherwise provided in this division, the power to appropriate property for the purposes of this division shall be exercised in the manner provided in sections 163.01 to 163.22 of the Revised Code for an appropriation in time of public exigency. The board's resolution and a written copy of the independent appraisal shall accompany the petition filed under section 163.05 of the Revised Code.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6115 | Sanitary Districts › Section 6115.23 | Regulations, Approval and Enforcement.

Effective:
October 23, 1972
Latest Legislation:
Senate Bill 397 - 109th General Assembly
The board of directors of a sanitary district may make and enforce necessary regulations pertaining to the use by public corporations and persons of the works and improvements of the district, and by such regulations the board may:
(A) Prescribe the design, construction, and use of sewers within the district;
(B) Prescribe the manner in which connections to trunk sewers, intercepting sewers, pipe lines, and other works of the district shall be made;
(C) Prescribe the permissible uses of the water supply of the district and the manner of its distribution;
(D) Prevent the pollution or unnecessary waste of the water supply;
(E) Prohibit discharge into such sewers of any liquid or solid wastes deemed detrimental to the works and improvements of the district.
Such regulations shall have no effect until they have been approved by the environmental protection agency. The board may recover by civil action from any person or public corporation violating such regulations, for each offense, not less than five hundred nor more than one thousand dollars together with costs. The board may enforce by mandamus or otherwise all necessary regulations made by it and authorized by sections 6115.01 to 6115.79 of the Revised Code, and may remove any improper construction or close any connection made improperly or in violation of said regulations, and may bring such suits in mandamus in the court of appeals in the first instance, if it deems it advisable. Any public corporation or person who willfully fails to comply with such regulations shall be liable for damages caused by such failure and for the cost of renewing any construction damaged or destroyed.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6115 | Sanitary Districts › Section 6115.24 | Regulations for Sanitary District Organized Wholly for Reduction of Populations of Biting Arthropods.

Effective:
October 9, 1981
Latest Legislation:
House Bill 156 - 114th General Assembly
In the case of a sanitary district established wholly or partly for reducing populations of biting arthropods, the board of directors of the sanitary district may make and enforce regulations pertaining to the prevention and elimination of stagnant water or other breeding places for biting arthropods in the district. The regulations may, among other things, prohibit the owner, tenant, agent, or other person having charge of any land in the district from constructing or maintaining thereon any pond or pool, either natural or artificial, or any other receptacle of water, portable or otherwise, under conditions which may cause any such land, or anything situated thereon, to become a breeding place for biting arthropods.
No owner, tenant, agent, or other person having charge of any land, in the district, after five days' written notice of a regulation and any violation thereof, shall fail to comply with the regulation. Each day's violation of the regulation, after notice thereof, is a separate offense. The board, or any of its agents or employees, shall give the written notice of the regulation and its violation to such owner, tenant, agent, or other person, either by personally delivering a copy of the notice to such owner, tenant, agent, or other person, or by posting a copy of the notice for not less than five days in a conspicuous place on the land whereon the violation of the regulation exists. The notice shall set forth a copy of the regulation and also a description of the land whereon the violation exists.
If the owner, tenant, agent, or other person having charge of any land in the district, after the notice provided for in this section has been given, fails to comply with the regulation, the board, in addition to or without regard to enforcing the penalty provided for in division (B) of section 6115.99 of the Revised Code, may, through its agents and employees, enter upon the land whereon the violation of the regulation exists and abate the conditions existing thereon which constitute the violation. A written statement describing the land and setting forth the total amount of all expense incurred by the board in abating such conditions shall then be filed with the county auditor, and that amount shall be entered upon the tax duplicate by the auditor and be a lien upon the land from and after the date of the entry, and shall be collected by the county treasurer as other assessments. The amount, when so collected, shall be paid by the county treasurer to the treasurer of the sanitary district.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6115 | Sanitary Districts › Section 6115.25 | Removal of Physical Obstructions In, Over, or Upon Public Streets, Lanes, Alleys, or Highways.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
All public corporations or persons having buildings, structures, works, conduits, mains, pipes, tracks, or other physical obstructions in, over, or upon the public streets, lanes, alleys, or highways, which interfere with or impede the progress of construction, maintenance, or repair of the works of a sanitary district shall upon reasonable notice from the board of directors of the sanitary district promptly shift, adjust, accommodate, or remove such obstructions so as to fully meet the exigencies occasioning such action. Upon failure of any public corporation or person to make such changes the board may do so. Unless otherwise mutually agreed to, the cost and expense of such changes shall be met by the district.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6115 | Sanitary Districts › Section 6115.26 | Surveys and Examinations of Rainfall, Stream Flow.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The board of directors of a sanitary district may establish and maintain stream gauges and rain gauges, and may make such surveys and examinations of rainfall, stream flow, and other scientific and engineering subjects as are necessary and proper for the purposes of the district. The board may issue reports of its findings.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6115 | Sanitary Districts › Section 6115.27 | Cooperation or Assistance by u.s. Government or Other Governmental Entity.

Effective:
July 8, 1993
Latest Legislation:
Senate Bill 105 - 120th General Assembly
The board of directors of a sanitary district may enter into contracts or other arrangements with the United States government or any department thereof, with persons, railroads, or other corporations, with public corporations, and with the state government of this or other states, with sewerage, drainage, conservation, conservancy, or other improvement districts, in this or other states, for cooperation or assistance in constructing, maintaining, using, operating, and financing the works of the district or the waters thereof, not in violation of Article VIII, Ohio Constitution, or for making surveys and investigations or reports thereon. The board may purchase, lease, or acquire land or other property in adjoining states to secure outlets or for other purposes of this chapter, and may let contracts or spend money for securing such outlets or other works in adjoining states.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6115 | Sanitary Districts › Section 6115.28 | Taking or Damage to Cemetery.

Effective:
January 1, 1966
Latest Legislation:
Senate Bill 94 - 106th General Assembly
Whenever it is necessary for the purposes of a sanitary district to take or damage any cemetery, the board of appraisers of the sanitary district shall appraise the cost of such taking or easement in the same manner as appraisals are made for other property.
The board of directors of the sanitary district shall have the same powers in case of the removal of a cemetery to agree with the authorities owning or controlling said cemetery in the same manner that a board of township trustees is authorized by section 517.21 of the Revised Code. In case of agreement, the board of directors may purchase the necessary land, and remove or contract for the removal of those buried, together with all monuments. The board of directors may also contract for an easement therein if removal is not desired.
If condemnation proceedings are necessary, they shall be instituted and conducted according to sections 163.01 to 163.22, inclusive, of the Revised Code.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6115 | Sanitary Districts › Section 6115.29 | Board of Appraisers of Sanitary District.

Effective:
October 9, 1981
Latest Legislation:
House Bill 156 - 114th General Assembly
At the time of making its order organizing a sanitary district or at any suitable time thereafter, the court shall appoint three appraisers to constitute the board of appraisers of the sanitary district, who shall in every case where appraisers are appointed under sections 6115.01 to 6115.79 of the Revised Code, be recommended by the board of directors of the sanitary district. The board of appraisers shall appraise the lands or other property within and without the district to be acquired for rights of way, reservoirs, and other works of the district, and shall appraise all benefits and damages accruing to all lands within or without the district by reason of the execution of the official plan. The appraisers shall be freeholders residing within the state, who may or may not own lands within the district. No two of the appraisers shall be residents of the same county, except that in the case of a district organized wholly for the reduction of populations of biting arthropods, all the appraisers may be residents of the same county. Each of the appraisers shall, before taking up his duties, take and subscribe to an oath that he will faithfully and impartially discharge his duties as an appraiser, and that he will make a true report of the work done by him. The appraisers shall at their first meeting elect one of their own number chairman, and the secretary of the sanitary district or his deputy shall be ex officio secretary of the board of appraisers during its continuance in office. A majority of the board of appraisers constitutes a quorum, and a concurrence of the majority in any matter within the board's duties shall be sufficient for its determination. The appraisers shall continue to hold their offices until excused by the court, and the court shall fill all vacancies in the board of appraisers, or may appoint a new board of appraisers for subsequent appraisals, as occasion requires. A new board of appraisers, if appointed, shall fill all the requirements of the board of appraisers and perform its duties.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6115 | Sanitary Districts › Section 6115.31 | Appraisals of Compensation and Damages Beyond the Boundaries of District.

Effective:
July 8, 1993
Latest Legislation:
Senate Bill 105 - 120th General Assembly
If the board of appraisers of a sanitary district finds that lands or other property not embraced within the boundaries of the district will be affected by the proposed improvement, or should be included in the district, it shall appraise the benefits and damages to such land or other property, and shall file notice in the court of the appraisal which it has made upon the lands or other property beyond the boundaries of the district, and to the land or other property which in its opinion should be included in the district. The board shall also report to the court any lands or other property which in its opinion should be eliminated from the district.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6115 | Sanitary Districts › Section 6115.32 | Notice of Hearing of Land to Be Included or Excluded From District.

Effective:
July 8, 1993
Latest Legislation:
Senate Bill 105 - 120th General Assembly
If the report of the board of appraisers of a sanitary district includes recommendations that other lands be included in the district, or that certain lands be excluded from the district, the clerk of the court before which the proceeding is pending shall give notice to the owners of such property by publication to be made as provided for a hearing on the petition for the creation of the district. Such notice to those owners whose lands are to be added to the district may be substantially as shown in division (D) of section 6115.79 of the Revised Code. The time and place of the hearing may be the same as those of the hearing on appraisals. To the owners of property to be excluded from the district it will be sufficient to notify them of that fact.