Ohio § 6117.06

§ 6117.06.

(A) After the establishment of any sewer district, the board of county commissioners,

if a sanitary or drainage facility or prevention or replacement facility improvement

is to be undertaken, may have the county sanitary engineer prepare, or otherwise cause

to be prepared, for the district, or revise as needed, a general plan of sewerage

or drainage that is as complete in each case as can be developed at the time and that

is devised with regard to any existing sanitary or drainage facilities or prevention

or replacement facilities in the district and present as well as prospective needs

for additional sanitary or drainage facilities or prevention or replacement facilities

in the district.  After the general plan, in original or revised form, has been approved by the board,

it may adopt a resolution generally describing the improvement that is necessary to

be acquired or constructed in accordance with the particular plan, declaring that

the improvement is necessary for the preservation and promotion of the public health

and welfare, and determining whether or not special assessments are to be levied and

collected to pay any part of the cost of the improvement. (B) If special assessments are not to be levied and collected to pay any part of the

cost of the improvement, the board, in the resolution provided for in division (A)

of this section or in a subsequent resolution, including a resolution authorizing

the issuance or incurrence of public obligations for the improvement, may authorize

the improvement and the expenditure of the funds required for its acquisition or construction

and may proceed with the improvement without regard to the procedures otherwise required

by divisions (C), (D), and (E) of this section and by sections 6117.07 to 6117.24 of the Revised Code .  Those procedures are required only for improvements for which special assessments

are to be levied and collected. (C) If special assessments are to be levied and collected pursuant to a determination

made in the resolution provided for in division (A) of this section or in a subsequent

resolution, the procedures referred to in division (B) of this section as being required

for that purpose shall apply, and the board may have the county sanitary engineer

prepare, or otherwise cause to be prepared, detailed plans, specifications, and an

estimate of cost for the improvement, together with a tentative assessment of the

cost based on the estimate.  The tentative assessment shall be for the information of property owners and shall

not be levied or certified to the county auditor for collection.  The detailed plans, specifications, estimate of cost, and tentative assessment,

if approved by the board, shall be carefully preserved in the office of the board

or the county sanitary engineer and shall be open to the inspection of all persons

interested in the improvement. (D) After the board's approval of the detailed plans, specifications, estimate of cost,

and tentative assessment, and at least twenty-four days before adopting a resolution

pursuant to division (E) of this section, the board, except to the extent that appropriate

waivers of notice are obtained from affected owners, shall cause to be sent a notice

of its intent to adopt the resolution to each owner of property proposed to be assessed

that is listed on the records of the county auditor for current agricultural use value

taxation pursuant to section 5713.31 of the Revised Code and that is not located in an agricultural district established under section 929.02 of the Revised Code .  The notice shall satisfy all of the following: (1) Be sent by first class or certified mail; (2) Specify the proposed date of the adoption of the resolution; (3) Contain a statement that the improvement will be financed in whole or in part by

special assessments and that all properties not located in an agricultural district

established pursuant to section 929.02 of the Revised Code may be subject to a special assessment; (4) Contain a statement that an agricultural district may be established by filing an

application with the county auditor. If it appears, by the return of the mailed notices or by other means, that one or

more of the affected owners cannot be found or are not served by the mailed notice,

the board shall cause the notice to be published once in a newspaper of general circulation

in the county not later than ten days before the adoption of the resolution. (E) After complying with divisions (A), (C), and (D) of this section, the board may adopt

a resolution declaring that the improvement, which shall be described as to its nature

and its location, route, and termini, is necessary for the preservation and promotion

of the public health and welfare, referring to the plans, specifications, estimate

of cost, and tentative assessment, stating the place where they are on file and may

be examined, and providing that the entire cost or a lesser designated part of the

cost will be specially assessed against the benefited properties within the district

and that any balance will be paid by the county at large from other available funds.  The resolution also shall contain a description of the boundaries of that part of

the district to be assessed and shall designate a time and place for objections to

the improvement, to the tentative assessment, or to the boundaries of the assessment

district to be heard by the board.  The date of that hearing shall be not less than twenty-four days after the date

of the first publication of the notice of the hearing required by this division. The board shall cause a notice of the hearing to be published once a week for two

consecutive weeks in a newspaper of general circulation in the county or as provided

in section 7.16 of the Revised Code .  On or before the date of the second publication, the board shall cause to be sent

by first class or certified mail a copy of the notice to every owner of property to

be assessed for the improvement whose address is known. The notice shall set forth the time and place of the hearing, a summary description

of the proposed improvement, including its general route and termini, a summary description

of the area constituting the assessment district, and the place where the plans, specifications,

estimate of cost, and tentative assessment are on file and may be examined.  Each mailed notice also shall include a statement that the property of the addressee

will be assessed for the improvement.  The notice also shall be sent by first class or certified mail, on or before the

date of the second publication, to the clerk, or to the official discharging the duties

of a clerk, of any municipal corporation any part of which lies within the assessment

district and shall state whether or not any property belonging to the municipal corporation

is to be assessed and, if so, shall identify that property. At the hearing, or at any adjournment of the hearing, of which no further published

or mailed notice need be given, the board shall hear all parties whose properties

are proposed to be assessed.  Written objections to or endorsements of the proposed improvement, its character

and termini, the boundaries of the assessment district, or the tentative assessment

shall be received by the board for a period of five days after the completion of the

hearing, and no action shall be taken by the board in the matter until after that

period has elapsed.  The minutes of the hearing shall be entered on the journal of the board, showing

the persons who appear in person or by attorney, and all written objections shall

be preserved and filed in the office of the board.