Ohio § 6117.012

§ 6117.012.

(A) A board of county commissioners may adopt rules requiring owners of property within

the district whose property is served by a connection to sewers maintained and operated

by the board or to sewers that are connected to interceptor sewers maintained and

operated by the board to do any of the following: (1) Disconnect storm water inflows to sanitary sewers maintained and operated by the

board and not operated as a combined sewer, or to connections with those sewers; (2) Disconnect non-storm water inflows to storm water sewers maintained and operated

by the board and not operated as a combined sewer, or to connections with those storm

water sewers; (3) Reconnect or relocate any such disconnected inflows in compliance with board rules

and applicable building codes, health codes, or other relevant codes; (4) Prevent sewer back-ups into properties that have experienced one or more back-ups

of sanitary or combined sewers maintained and operated by the board; (5) Prevent storm water from entering a combined sewer and causing an overflow or an

inflow to a sanitary sewer, which prevention may include projects or programs that

separate the storm water from a combined sewer or that utilize a prevention or replacement

facility to prevent or minimize storm water from entering a combined sewer or a sanitary

sewer. (B) Any inflow required to be disconnected or any sewer back-up required to be prevented

under a rule adopted pursuant to divisions (A)(1) to (4) of this section constitutes

a nuisance subject to injunctive relief and abatement pursuant to Chapter 3767. of

the Revised Code or as otherwise permitted by law. (C) A board of county commissioners may use sewer district funds;  county general fund

moneys;  the proceeds of bonds issued under Chapter 133. or 165. of the Revised Code;

 and, to the extent permitted by their terms, loans, grants, or other moneys from

appropriate state or federal funds, for either of the following: (1) The cost of disconnections, reconnections, relocations, combined sewer overflow prevention,

or sewer back-up prevention required by rules adopted pursuant to division (A) of

this section, performed by the county or under contract with the county; (2) Payments to the property owner or a contractor hired by the property owner pursuant

to a competitive process established by district rules, for the cost of disconnections,

reconnections, relocations, combined sewer overflow prevention, or sewer back-up prevention

required by rules adopted pursuant to division (A) of this section after the board,

pursuant to its rules, has approved the work to be performed and after the county

has received from the property owner a statement releasing the county from all liability

in connection with the disconnections, reconnections, relocations, combined sewer

overflow prevention, or sewer back-up prevention. (D) Except as provided in division (E) of this section, the board of county commissioners

shall require in its rules regarding disconnections, reconnections, relocations of

sewers, combined sewer overflow prevention, or sewer back-up prevention the reimbursement

of moneys expended pursuant to division (C) of this section by either of the following

methods: (1) A charge to the property owner in the amount of the payment made pursuant to division

(C) of this section for immediate payment or payment in installments with interest

as determined by the board not to exceed ten per cent, which payments may be billed

as a separate item with the rents charged to that owner for use of the sewers.  The board may approve installment payments for a period of not more than fifteen

years.  If charges are to be paid in installments, the board shall certify to the county

auditor information sufficient to identify each subject parcel of property, the total

of the charges to be paid in installments, and the total number of installments to

be paid.  The auditor shall record the information in the sewer improvement record until these

charges are paid in full.  Charges not paid when due shall be certified to the county auditor, who shall place

the charges upon the real property tax list and duplicate against that property.  Those charges shall be a lien on the property from the date they are placed on the

tax list and duplicate and shall be collected in the same manner as other taxes. (2) A special assessment levied against the property, payable in the number of years

the board determines, not to exceed fifteen years, with interest as determined by

the board not to exceed ten per cent.  The board shall certify the assessments to the county auditor, stating the amount

and time of payment.  The auditor shall record the information in the county sewer improvement record,

showing separately the assessments to be collected, and shall place the assessments

upon the real property tax list and duplicate for collection.  The assessments shall be a lien on the property from the date they are placed on

the tax list and duplicate and shall be collected in the same manner as other taxes. (E) The county may adopt a resolution specifying a maximum amount of the cost of any

disconnection, reconnection, relocation, combined sewer overflow prevention, or sewer

back-up prevention required pursuant to division (A) of this section that may be paid

by the county for each affected parcel of property without requiring reimbursement.  That amount may be allowed only if there is a building code, health code, or other

relevant code, or a federally imposed or state-imposed consent decree that is filed

or otherwise recorded in a court of competent jurisdiction, applicable to the affected

parcel that prohibits in the future any inflows, combined sewer overflows, or sewer

back-ups not allowed under rules adopted pursuant to division (A)(1), (4), or (5)

of this section.  The board, by rule, shall establish criteria for determining how much of the maximum

amount for each qualifying parcel need not be reimbursed. (F) Disconnections, reconnections, relocations, combined sewer overflow prevention, or

sewer back-up prevention required under this section and performed by a contractor

under contract with the property owner shall not be considered a public improvement,

and those performed by the county shall be considered a public improvement as defined

in section 4115.03 of the Revised Code . Disconnections, reconnections, relocations, combined sewer overflow prevention, or

sewer back-up prevention required under this section performed by a contractor under

contract with the property owner shall not be subject to competitive bidding or public

bond laws. (G) Property owners shall be responsible for maintaining any improvements made or facilities

constructed on private property to reconnect or relocate disconnected inflows, for

combined sewer overflow prevention, or for sewer back-up prevention pursuant to this

section unless a public easement or other agreement exists for the county to maintain

that improvement or facility. (H) A board of county commissioners may provide rate reductions of and credits against

charges for the use of sewers to a property owner that implements a project or program

that prevents storm water from entering a combined sewer and causing an overflow.  Such a project or program may include the use of a prevention or replacement facility

to handle storm water that has been separated from a combined sewer.  The revised rates or charges shall be collected and paid to the county treasurer

in accordance with section 6117.02 of the Revised Code .