Ohio § 3709.091

§ 3709.091.

(A) As used in this section: (1) “ Household sewage treatment system ” means any sewage treatment system, or part of such a system, for a single-family,

two-family, or three-family dwelling that receives sewage. (2) “ Sewage ” means liquid waste containing animal or vegetable matter in suspension or solution

that originates from humans and human activities.  “Sewage” includes liquids containing household chemicals in solution commonly discharged

from a residence or from commercial, institutional, or other similar facilities. (3) “ Small flow on-site sewage treatment system ” means a system, other than a household sewage treatment system, that treats not

more than one thousand gallons of sewage per day and that does not require a national

pollutant discharge elimination system permit issued under section 6111.03 of the Revised Code or an injection well drilling or operating permit issued under section 6111.043 of the Revised Code . (B) If any owner, leaseholder, or assignee of real property fails to pay a fee as required

by rule of a board of health of a city or general health district pursuant to section 3709.09 of the Revised Code for an operation permit for, or for inspection of, a household sewage treatment system

or a small flow on-site sewage treatment system located on the real property, the

health commissioner of the city or general health district or the commissioner's designated

representative shall notify the owner, leaseholder, or assignee of the real property

of the amount of the fee and any accrued penalties for late payment of the fee.  The notice shall state, in boldface letters:  “You have 30 days to object to the

amount of the unpaid operation permit or inspection fee for your household sewage

treatment system or small flow on-site sewage treatment system, as applicable, as

designated in this notice, which may include accrued penalties for late payment of

the fee.  If you do not pay this amount as instructed herein within 30 days of receipt of

this notice or object to this amount during that time period in accordance with the

procedures set forth herein, the amount will be placed as a lien on your real property.”

 The notice also shall explain how the owner, leaseholder, or assignee may pay the

amount, or object to the amount in accordance with the procedures established by divisions

(C) and (D) of this section. Notice to the owner, leaseholder, or assignee shall be made by either of the following: (1) Certified mail, overnight delivery service, hand delivery, or any other method that

includes written evidence of receipt; (2) The sheriff of the county in which the owner, leaseholder, or assignee to be served

resides, in one or more of the methods provided in the Ohio Rules of Civil Procedure.  The sheriff may charge reasonable fees for that service. (C) Not later than thirty days after receipt under division (B) of this section of notification

of the amount of an unpaid operation permit or inspection fee and any accrued late

payment penalties, the owner, leaseholder, or assignee may object to the amount by

delivering a written notice of objection to the health commissioner by any of the

means provided for in division (B)(1) of this section.  Not later than sixty days after receipt of the notice of objection, the county prosecutor,

on behalf of the city or general health district, may file a civil action in the court

of common pleas against the owner, leaseholder, or assignee.  If the county prosecutor fails to commence suit within the sixty-day period, or

if the action is commenced, but dismissed with prejudice before adjudication, the

unpaid fee and any accrued late payment penalties are void and cannot be placed on

the general tax list and duplicate as a lien against the real property. (D) If, in accordance with division (C) of this section, the owner, leaseholder, or assignee

objects to the amount of the unpaid operation permit or inspection fee and any accrued

late payment penalties and the county prosecutor commences suit and prevails in the

action, the owner, leaseholder, or assignee objecting shall pay the amount of the

fee, any accrued late payment penalties, and the costs of the action, as determined

by the court. (E) If the owner, leaseholder, or assignee on which the notice required by division (B)

of this section was served does not pay to the city or general health district the

amount of an unpaid operation permit or inspection fee and any accrued late payment

penalties within thirty days after receipt of the notice, or does not object to the

amount in the manner provided in division (C) of this section, the health commissioner

of the city or general health district or the commissioner's designated representative

may certify, on or before the first Monday of September, the amount of the unpaid

fee and any accrued late payment penalties to the county auditor to be placed on the

general tax list and duplicate as provided in section 319.281 of the Revised Code .