HB 569

As Introduced
136th General Assembly
   Regular Session  H. B. No. 569
       2025-2026
  Representatives Hoops, Daniels
  To amend sections 319.54, 1923.01, 1923.02,  1
  1923.04, 1923.06, 1923.09, 1923.11, 1923.12,  2
  1923.13, 1923.14, and 4503.0611 of the Revised  3
  Code related to abandoned manufactured homes.  4
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
     Section 1. That sections 319.54, 1923.01, 1923.02,  5
1923.04, 1923.06, 1923.09, 1923.11, 1923.12, 1923.13, 1923.14,  6
and 4503.0611 of the Revised Code be amended to read as follows:       7
     Sec. 319.54. (A) On all moneys collected by the county  8
treasurer on any tax duplicate of the county, other than estate        9
tax duplicates, on all property tax relief reimbursements paid  10
to the county under sections 323.156 and 4503.068 and divisions        11
(F) and (I) of section 321.24 of the Revised Code, and on all  12
moneys received as advance payments of personal property and  13
classified property taxes, the county auditor, on settlement  14
with the treasurer and tax commissioner, on or before the date  15
prescribed by law for such settlement or any lawful extension of       16
such date, shall be allowed as compensation for the county  17
auditor's services the following percentages:  18
     (1) On the first one hundred thousand dollars, two and  19
one-half per cent;  20
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As Introduced
       (2) On the next two million dollars, eight thousand three  21
hundred eighteen ten-thousandths of one per cent;  22
       (3) On the next two million dollars, six thousand six  23
hundred fifty-five ten-thousandths of one per cent;  24
       (4) On all further sums, one thousand six hundred sixty-  25
three ten-thousandths of one per cent.  26
       If any settlement is not made on or before the date  27
prescribed by law for such settlement or any lawful extension of  28
such date, the aggregate compensation allowed to the auditor  29
shall be reduced one per cent for each day such settlement is  30
delayed after the prescribed date. No penalty shall apply if the  31
auditor and treasurer grant all requests for advances up to  32
ninety per cent of the settlement pursuant to section 321.34 of  33
the Revised Code. The compensation allowed in accordance with  34
this section on settlements made before the dates prescribed by  35
law, or the reduced compensation allowed in accordance with this  36
section on settlements made after the date prescribed by law or  37
any lawful extension of such date, shall be apportioned ratably  38
by the auditor and deducted from the shares or portions of the  39
revenue payable to the state as well as to the county,  40
townships, municipal corporations, and school districts.  41
       (B) For the purpose of reimbursing county auditors for the  42
expenses associated with the increased number of applications  43
for reductions in real property taxes under sections 323.152 and  44
4503.065 of the Revised Code that result from the amendment of  45
those sections by Am. Sub. H.B. 119 of the 127th general  46
assembly, there shall be paid from the state's general revenue  47
fund to the county treasury, to the credit of the real estate  48
assessment fund created by section 325.31 of the Revised Code,  49
an amount equal to one per cent of the total annual amount of  50
H. B. No. 569  Page 3
As Introduced
property tax relief reimbursement paid to that county under  51
sections 323.156 and 4503.068 of the Revised Code for the  52
preceding tax year. Payments made under this division shall be  53
made at the same times and in the same manner as payments made  54
under section 323.156 of the Revised Code.  55
        (C) From all moneys collected by the county treasurer on  56
any tax duplicate of the county, other than estate tax  57
duplicates, on all property tax relief reimbursements paid to  58
the county under sections 323.156 and 4503.068 and divisions (F)  59
and (I) of section 321.24 of the Revised Code, and on all moneys  60
received as advance payments of personal property and classified  61
property taxes, there shall be paid into the county treasury to  62
the credit of the real estate assessment fund created by section  63
325.31 of the Revised Code, an amount to be determined by the  64
county auditor, which shall not exceed the percentages  65
prescribed in divisions (C)(1) and (2) of this section.  66
        (1) For payments made after June 30, 2007, and before  67
2011, the following percentages:  68
        (a) On the first five hundred thousand dollars, four per  69
cent;  70
        (b) On the next five million dollars, two per cent;  71
        (c) On the next five million dollars, one per cent;  72
        (d) On all further sums not exceeding one hundred fifty  73
million dollars, three-quarters of one per cent;  74
        (e) On amounts exceeding one hundred fifty million  75
dollars, five hundred eighty-five thousandths of one per cent.  76
        (2) For payments made in or after 2011, the following  77
percentages:  78
H. B. No. 569  Page 4
As Introduced
        (a) On the first five hundred thousand dollars, four per  79
cent;  80
        (b) On the next ten million dollars, two per cent;  81
        (c) On amounts exceeding ten million five hundred thousand  82
dollars, three-fourths of one per cent.  83
        Such compensation shall be apportioned ratably by the  84
auditor and deducted from the shares or portions of the revenue  85
payable to the state as well as to the county, townships,  86
municipal corporations, and school districts.  87
        (D) Each county auditor shall receive four per cent of the  88
amount of tax collected and paid into the county treasury, on  89
property omitted and placed by the county auditor on the tax  90
duplicate.  91
        (E) On all estate tax moneys collected by the county  92
treasurer, the county auditor, on settlement annually with the  93
tax commissioner, shall be allowed, as compensation for the  94
auditor's services under Chapter 5731. of the Revised Code, two  95
per cent of the amount collected and reported that year in  96
excess of refunds distributed, for the use of the general fund  97
of the county.  98
        (F) On all cigarette license moneys collected by the  99
county treasurer, the county auditor, on settlement semiannually  100
with the treasurer, shall be allowed as compensation for the  101
auditor's services in the issuing of such licenses one-half of  102
one per cent of such moneys, to be apportioned ratably and  103
deducted from the shares of the revenue payable to the county  104
and subdivisions, for the use of the general fund of the county.  105
        (G) The county auditor shall charge and receive fees as  106
follows:  107
H. B. No. 569  Page 5
As Introduced
       (1) For deeds of land sold for taxes to be paid by the  108
purchaser, five dollars;  109
       (2) For the transfer or entry of land, lot, or part of  110
lot, or the transfer or entry on or after January 1, 2000, of a  111
used manufactured home or mobile home as defined in section  112
5739.0210 of the Revised Code, fifty cents for each transfer or  113
entry, to be paid by the person requiring it;  114
       (3) For receiving statements of value and administering  115
section 319.202 of the Revised Code, one dollar, or ten cents  116
for each one hundred dollars or fraction of one hundred dollars,  117
whichever is greater, of the value of the real property  118
transferred or, for sales occurring on or after January 1, 2000,  119
the value of the used manufactured home or used mobile home, as  120
defined in section 5739.0210 of the Revised Code, transferred,  121
except no fee shall be charged when the transfer is made:  122
       (a) To or from the United States, this state, or any  123
instrumentality, agency, or political subdivision of the United  124
States or this state;  125
       (b) Solely in order to provide or release security for a  126
debt or obligation;  127
       (c) To confirm or correct a deed previously executed and  128
recorded, or when a current owner is changing the current owner  129
name listed on any record made available to the general public  130
on the internet, or a publicly accessible database, and the  131
general tax list of real and public utility property, and the  132
general duplicate of real and public utility property, to the  133
initials of the current owner as prescribed in division (C)(1)  134
of section 319.28 of the Revised Code;  135
       (d) To evidence a gift, in trust or otherwise and whether  136
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As Introduced
revocable or irrevocable, between husband and wife, or parent  137
and child or the spouse of either;  138
       (e) On sale for delinquent taxes or assessments;  139
       (f) Pursuant to court order, to the extent that such  140
transfer is not the result of a sale effected or completed  141
pursuant to such order;  142
       (g) Pursuant to a reorganization of corporations or  143
unincorporated associations or pursuant to the dissolution of a  144
corporation, to the extent that the corporation conveys the  145
property to a stockholder as a distribution in kind of the  146
corporation's assets in exchange for the stockholder's shares in  147
the dissolved corporation;  148
       (h) By a subsidiary corporation to its parent corporation  149
for no consideration, nominal consideration, or in sole  150
consideration of the cancellation or surrender of the  151
subsidiary's stock;  152
       (i) By lease, whether or not it extends to mineral or  153
mineral rights, unless the lease is for a term of years  154
renewable forever;  155
       (j) When the value of the real property or the  156
manufactured or mobile home or the value of the interest that is  157
conveyed does not exceed one hundred dollars;  158
       (k) Of an occupied residential property, including a  159
manufactured or mobile home, being transferred to the builder of  160
a new residence or to the dealer of a new manufactured or mobile  161
home when the former residence is traded as part of the  162
consideration for the new residence or new manufactured or  163
mobile home;  164
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       (l) To a grantee other than a dealer in real property or  165
in manufactured or mobile homes, solely for the purpose of, and  166
as a step in, the prompt sale of the real property or  167
manufactured or mobile home to others;  168
       (m) To or from a person when no money or other valuable  169
and tangible consideration readily convertible into money is  170
paid or to be paid for the real estate or manufactured or mobile  171
home and the transaction is not a gift;  172
       (n) Pursuant to division (B) of section 317.22 of the  173
Revised Code, or section 2113.61 of the Revised Code, between  174
spouses or to a surviving spouse pursuant to section 5302.17 of  175
the Revised Code as it existed prior to April 4, 1985, between  176
persons pursuant to section 5302.17 or 5302.18 of the Revised  177
Code on or after April 4, 1985, to a person who is a surviving,  178
survivorship tenant pursuant to section 5302.17 of the Revised  179
Code on or after April 4, 1985, or pursuant to section 5309.45  180
of the Revised Code;  181
       (o) To a trustee acting on behalf of minor children of the  182
deceased;  183
       (p) Of an easement or right-of-way when the value of the  184
interest conveyed does not exceed one thousand dollars;  185
       (q) Of property sold to a surviving spouse pursuant to  186
section 2106.16 of the Revised Code;  187
       (r) To or from an organization exempt from federal income  188
taxation under section 501(c)(3) of the "Internal Revenue Code  189
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, provided  190
such transfer is without consideration and is in furtherance of  191
the charitable or public purposes of such organization;  192
       (s) Among the heirs at law or devisees, including a  193
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As Introduced
surviving spouse, of a common decedent, when no consideration in  194
money is paid or to be paid for the real property or  195
manufactured or mobile home;  196
        (t) To a trustee of a trust, when the grantor of the trust  197
has reserved an unlimited power to revoke the trust;  198
        (u) To the grantor of a trust by a trustee of the trust,  199
when the transfer is made to the grantor pursuant to the  200
exercise of the grantor's power to revoke the trust or to  201
withdraw trust assets;  202
        (v) To the beneficiaries of a trust if the fee was paid on  203
the transfer from the grantor of the trust to the trustee or if  204
the transfer is made pursuant to trust provisions which became  205
irrevocable at the death of the grantor;  206
        (w) To a corporation for incorporation into a sports  207
facility constructed pursuant to section 307.696 of the Revised  208
Code;  209
        (x) Between persons pursuant to section 5302.18 of the  210
Revised Code;  211
        (y) From a county land reutilization corporation organized  212
under Chapter 1724. of the Revised Code, or its wholly owned  213
subsidiary, to a third party;  214
        (z) To a mobile park operator under section 1923.12,  215
1923.13, or 1923.14 of the Revised Code.  216
        (4) For the cost of publishing the delinquent manufactured  217
home tax list, the delinquent tax list, and the delinquent  218
vacant land tax list, a flat fee, as determined by the county  219
auditor, to be charged to the owner of a home on the delinquent  220
manufactured home tax list or the property owner of land on the  221
H. B. No. 569  Page 9
As Introduced
delinquent tax list or the delinquent vacant land tax list.  222
       The auditor shall compute and collect the fee. The auditor  223
shall maintain a numbered receipt system, as prescribed by the  224
tax commissioner, and use such receipt system to provide a  225
receipt to each person paying a fee. The auditor shall deposit  226
the receipts of the fees on conveyances in the county treasury  227
daily to the credit of the general fund of the county, except  228
that fees charged and received under division (G)(3) of this  229
section for a transfer of real property to a county land  230
reutilization corporation shall be credited to the county land  231
reutilization corporation fund established under section 321.263  232
of the Revised Code.  233
       The real property transfer fee provided for in division  234
(G)(3) of this section shall be applicable to any conveyance of  235
real property presented to the auditor on or after January 1,  236
1968, regardless of its time of execution or delivery.  237
       The transfer fee for a used manufactured home or used  238
mobile home shall be computed by and paid to the county auditor  239
of the county in which the home is located immediately prior to  240
the transfer.  241
       Sec. 1923.01. (A) As provided in this chapter, any judge  242
of a county or municipal court or a court of common pleas,  243
within the judge's proper area of jurisdiction, may inquire  244
about persons who make unlawful and forcible entry into lands or  245
tenements and detain them, and about persons who make a lawful  246
and peaceable entry into lands or tenements and hold them  247
unlawfully and by force. If, upon the inquiry, it is found that  248
an unlawful and forcible entry has been made and the lands or  249
tenements are detained, or that, after a lawful entry, lands or  250
tenements are held unlawfully and by force, a judge shall cause  251
H. B. No. 569  Page 10
As Introduced
the plaintiff in an action under this chapter to have  252
restitution of the lands or tenements.  253
       (B) An action shall be brought under this chapter within  254
two years after the cause of action accrues.  255
       (C) As used in this chapter:  256
       (1) "Tenant" means a person who is entitled under a rental  257
agreement to the use or occupancy of premises, other than  258
premises located in a manufactured home park, to the exclusion  259
of others, except that as used in division (A)(6) of section  260
1923.02 and section 1923.051 of the Revised Code, "tenant"  261
includes a manufactured home park resident.  262
       (2) "Landlord" means the owner, lessor, or sublessor of  263
premises, or the agent or person the landlord authorizes to  264
manage premises or to receive rent from a tenant under a rental  265
agreement, except, if required by the facts of the action to  266
which the term is applied, "landlord" means a park operator.  267
       (3) "Resident" has the same meaning as in section 4781.01  268
of the Revised Code.  269
       (4) "Residential premises" has the same meaning as in  270
section 5321.01 of the Revised Code, except, if required by the  271
facts of the action to which the term is applied, "residential  272
premises" has the same meaning as in section 4781.01 of the  273
Revised Code.  274
       (5) "Rental agreement" means any agreement or lease,  275
written or oral, that establishes or modifies the terms,  276
conditions, rules, or other provisions concerning the use or  277
occupancy of premises by one of the parties to the agreement or  278
lease, except that "rental agreement," as used in division (A)  279
(13) of section 1923.02 of the Revised Code and where the  280
H. B. No. 569  Page 11
As Introduced
context requires as used in this chapter, means a rental  281
agreement as defined in division (D) of section 5322.01 of the  282
Revised Code.  283
        (6) "Controlled substance" has the same meaning as in  284
section 3719.01 of the Revised Code.  285
        (7) "School premises" has the same meaning as in section  286
2925.01 of the Revised Code.  287
        (8) "Sexually oriented offense" and "child-victim oriented  288
offense" have the same meanings as in section 2950.01 of the  289
Revised Code.  290
        (9) "Recreational vehicle" and "mobile home" have the same  291
meanings as in section 4501.01 of the Revised Code.  292
        (10) "Manufactured home" has the same meaning as in  293
section 3781.06 of the Revised Code.  294
        (11)(10) "Manufactured home park" has the same meaning as  295
in section 4781.01 of the Revised Code and also means any tract  296
of land upon which one or two manufactured or mobile homes used  297
for habitation are parked, either free of charge or for revenue  298
purposes, pursuant to rental agreements between the owners of  299
the manufactured or mobile homes and the owner of the tract of  300
land.  301
        (12)(11) "Park operator" has the same meaning as in  302
section 4781.01 of the Revised Code and also means a landlord of  303
premises upon which one or two manufactured or mobile homes used  304
for habitation are parked, either free of charge or for revenue  305
purposes, pursuant to rental agreements between the owners of  306
the manufactured or mobile homes and a landlord who is not  307
licensed as a manufactured home park operator pursuant to  308
Chapter 4781. of the Revised Code.  309
H. B. No. 569  Page 12
As Introduced
       (13)(12) "Personal property" means tangible personal  310
property other than a manufactured home, or mobile home, or  311
recreational vehicle that is the subject of an action under this  312
chapter.  313
       (14)(13) "Preschool or child care center premises" has the  314
same meaning as in section 2950.034 of the Revised Code.  315
       (15)(14) "Minor tenant" means a tenant under eighteen  316
years of age who is not emancipated.  317
       (15) "Titled owner" means a person or estate that owns a  318
manufactured or mobile home located in a manufactured home park,  319
regardless of whether the person or estate is entitled to occupy  320
the lot under the rental agreement with the park operator.  321
       Sec. 1923.02. (A) Proceedings under this chapter may be  322
had as follows:  323
       (1) Against tenants or manufactured home park residents  324
holding over their terms;  325
       (2) Against tenants or manufactured home park residents in  326
possession under an oral tenancy, who are in default in the  327
payment of rent as provided in division (B) of this section;  328
       (3) In sales of real estate, on executions, orders, or  329
other judicial process, when the judgment debtor was in  330
possession at the time of the rendition of the judgment or  331
decree, by virtue of which the sale was made;  332
       (4) In sales by executors, administrators, or guardians,  333
and on partition, when any of the parties to the complaint were  334
in possession at the commencement of the action, after the  335
sales, so made on execution or otherwise, have been examined by  336
the proper court and adjudged legal;  337
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As Introduced
       (5) When the defendant is an occupier of lands or  338
tenements, without color of title, and the complainant has the  339
right of possession to them;  340
       (6) In any other case of the unlawful and forcible  341
detention of lands or tenements. For purposes of this division,  342
in addition to any other type of unlawful and forcible detention  343
of lands or tenements, such a detention may be determined to  344
exist when both of the following apply:  345
       (a) A tenant fails to vacate residential premises within  346
three days after both of the following occur:  347
       (i) The tenant's landlord has actual knowledge of or has  348
reasonable cause to believe that the tenant, any person in the  349
tenant's household, or any person on the premises with the  350
consent of the tenant previously has or presently is engaged in  351
a violation of Chapter 2925. or 3719. of the Revised Code, or of  352
a municipal ordinance that is substantially similar to any  353
section in either of those chapters, which involves a controlled  354
substance and which occurred in, is occurring in, or otherwise  355
was or is connected with the premises, whether or not the tenant  356
or other person has been charged with, has pleaded guilty to or  357
been convicted of, or has been determined to be a delinquent  358
child for an act that, if committed by an adult, would be a  359
violation as described in this division. For purposes of this  360
division, a landlord has "actual knowledge of or has reasonable  361
cause to believe" that a tenant, any person in the tenant's  362
household, or any person on the premises with the consent of the  363
tenant previously has or presently is engaged in a violation as  364
described in this division if a search warrant was issued  365
pursuant to Criminal Rule 41 or Chapter 2933. of the Revised  366
Code; the affidavit presented to obtain the warrant named or  367
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As Introduced
described the tenant or person as the individual to be searched  368
and particularly described the tenant's premises as the place to  369
be searched, named or described one or more controlled  370
substances to be searched for and seized, stated substantially  371
the offense under Chapter 2925. or 3719. of the Revised Code or  372
the substantially similar municipal ordinance that occurred in,  373
is occurring in, or otherwise was or is connected with the  374
tenant's premises, and states the factual basis for the  375
affiant's belief that the controlled substances are located on  376
the tenant's premises; the warrant was properly executed by a  377
law enforcement officer and any controlled substance described  378
in the affidavit was found by that officer during the search and  379
seizure; and, subsequent to the search and seizure, the landlord  380
was informed by that or another law enforcement officer of the  381
fact that the tenant or person has or presently is engaged in a  382
violation as described in this division and it occurred in, is  383
occurring in, or otherwise was or is connected with the tenant's  384
premises.  385
       (ii) The landlord gives the tenant the notice required by  386
division (C) of section 5321.17 of the Revised Code.  387
       (b) The court determines, by a preponderance of the  388
evidence, that the tenant, any person in the tenant's household,  389
or any person on the premises with the consent of the tenant  390
previously has or presently is engaged in a violation as  391
described in division (A)(6)(a)(i) of this section.  392
       (7) In cases arising out of Chapter 5313. of the Revised  393
Code. In those cases, the court has the authority to declare a  394
forfeiture of the vendee's rights under a land installment  395
contract and to grant any other claims arising out of the  396
contract.  397
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        (8) Against tenants who have breached an obligation that  398
is imposed by section 5321.05 of the Revised Code, other than  399
the obligation specified in division (A)(9) of that section, and  400
that materially affects health and safety. Prior to the  401
commencement of an action under this division, notice shall be  402
given to the tenant and compliance secured with section 5321.11  403
of the Revised Code.  404
        (9) Against tenants who have breached an obligation  405
imposed upon them by a written rental agreement;  406
        (10) Against manufactured home park residents who have  407
defaulted in the payment of rent or breached the terms of a  408
rental agreement with a park operator. Nothing in this division  409
precludes the commencement of an action under division (A)(12)  410
of this section when the additional circumstances described in  411
that division apply.  412
        (11) Against manufactured home park residents who have  413
committed two material violations of the rules of the  414
manufactured home park, of the division of industrial compliance  415
of the department of commerce, or of applicable state and local  416
health and safety codes and who have been notified of the  417
violations in compliance with section 4781.45 of the Revised  418
Code;  419
        (12) Against a manufactured home park resident, or the  420
estate of a manufactured home park resident, who as a result of  421
death or otherwise has been absent from the manufactured home  422
park for a period of thirty consecutive days prior to the  423
commencement of an action under this division and whose  424
manufactured home or mobile home, or recreational vehicle that  425
is parked in the manufactured home park, has been left  426
unoccupied for that thirty-day period, without notice to the  427
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As Introduced
park operator and without payment of rent due under the rental  428
agreement with the park operator;  429
       (13) Against occupants of self-service storage facilities,  430
as defined in division (A) of section 5322.01 of the Revised  431
Code, who have breached the terms of a rental agreement or  432
violated section 5322.04 of the Revised Code;  433
       (14) Against any resident or occupant who, pursuant to a  434
rental agreement, resides in or occupies residential premises  435
located within one thousand feet of any school premises,  436
preschool or child care center premises, children's crisis care  437
facility premises, or residential infant care center premises  438
and to whom both of the following apply:  439
       (a) The resident's or occupant's name appears on the state  440
registry of sex offenders and child-victim offenders maintained  441
under section 2950.13 of the Revised Code.  442
       (b) The state registry of sex offenders and child-victim  443
offenders indicates that the resident or occupant was convicted  444
of or pleaded guilty to a sexually oriented offense or a child-  445
victim oriented offense in a criminal prosecution and was not  446
sentenced to a serious youthful offender dispositional sentence  447
for that offense.  448
       (15) Against any tenant who permits any person to occupy  449
residential premises located within one thousand feet of any  450
school premises, preschool or child care center premises,  451
children's crisis care facility premises, or residential infant  452
care center premises if both of the following apply to the  453
person:  454
       (a) The person's name appears on the state registry of sex  455
offenders and child-victim offenders maintained under section  456
H. B. No. 569  Page 17
As Introduced
2950.13 of the Revised Code.  457
       (b) The state registry of sex offenders and child-victim  458
offenders indicates that the person was convicted of or pleaded  459
guilty to a sexually oriented offense or a child-victim oriented  460
offense in a criminal prosecution and was not sentenced to a  461
serious youthful offender dispositional sentence for that  462
offense.  463
       (B) If a tenant or manufactured home park resident holding  464
under an oral tenancy is in default in the payment of rent, the  465
tenant or resident forfeits the right of occupancy, and the  466
landlord may, at the landlord's option, terminate the tenancy by  467
notifying the tenant or resident, as provided in section 1923.04  468
of the Revised Code, to leave the premises, for the restitution  469
of which an action may then be brought under this chapter.  470
       (C)(1) If a tenant or any other person with the tenant's  471
permission resides in or occupies residential premises that are  472
located within one thousand feet of any school premises,  473
children's crisis care facility premises, or residential infant  474
care center premises and is a resident or occupant of the type  475
described in division (A)(14) of this section or a person of the  476
type described in division (A)(15) of this section, the landlord  477
for those residential premises, upon discovery that the tenant  478
or other person is a resident, occupant, or person of that  479
nature, may terminate the rental agreement or tenancy for those  480
residential premises by notifying the tenant and all other  481
occupants, as provided in section 1923.04 of the Revised Code,  482
to leave the premises.  483
       (2) If a landlord is authorized to terminate a rental  484
agreement or tenancy pursuant to division (C)(1) of this section  485
but does not so terminate the rental agreement or tenancy, the  486
H. B. No. 569  Page 18
As Introduced
landlord is not liable in a tort or other civil action in  487
damages for any injury, death, or loss to person or property  488
that allegedly result from that decision.  489
        (D) This chapter does not apply to a student tenant as  490
defined by division (H) of section 5321.01 of the Revised Code  491
when the college or university proceeds to terminate a rental  492
agreement pursuant to section 5321.031 of the Revised Code.  493
        (E) The titled owner of the manufactured or mobile home  494
shall be joined as a defendant in any proceeding under this  495
chapter against a manufactured home park resident who is not the  496
titled owner of the manufactured or mobile home.  497
        (F) As used in this section, "children's crisis care  498
facility premises" and "residential infant care center premises"  499
have the same meanings as in section 2950.034 of the Revised  500
Code.  501
        Sec. 1923.04. (A) Except as provided in division (B) or ,  502
(C), or (D) of this section, a party desiring to commence an  503
action under this chapter shall notify the adverse party to  504
leave the premises, for the possession of which the action is  505
about to be brought, three or more days before beginning the  506
action, by certified mail, return receipt requested, or by  507
handing a written copy of the notice to the defendant in person,  508
or by leaving it at the defendant's usual place of abode or at  509
the premises from which the defendant is sought to be evicted.  510
        Every notice given under this section by a landlord to  511
recover residential premises shall contain the following  512
language printed or written in a conspicuous manner: "You are  513
being asked to leave the premises. If you do not leave, an  514
eviction action may be initiated against you. If you are in  515
H. B. No. 569  Page 19
As Introduced
doubt regarding your legal rights and obligations as a tenant,  516
it is recommended that you seek legal assistance."  517
       (B) The service of notice pursuant to section 5313.06 of  518
the Revised Code constitutes compliance with the notice  519
requirement of division (A) of this section. The service of the  520
notice required by division (C) of section 5321.17 of the  521
Revised Code constitutes compliance with the notice requirement  522
of division (A) of this section.  523
       (C) If the adverse party in an action under this chapter  524
is a deceased resident of a manufactured home park, the notice  525
required by division (A) of this section shall be left at the  526
premises from which the defendant is sought to be evicted and  527
also shall be sent by ordinary mail to the following persons if  528
their names and addresses are known to the park operator:  529
       (1) If a probate court has granted letters testamentary or  530
of administration for the estate of the adverse party in  531
accordance with Title XXI of the Revised Code, the executor or  532
administrator appointed by the probate court;  533
       (2) The deceased resident's spouse and any other members  534
of the deceased resident's immediate family.  535
       (D) If the adverse party in an action under this chapter  536
is a titled owner, the notice required by division (A) of this  537
section shall be left at the premises from which the defendant  538
is sought to be evicted and also shall be sent by ordinary mail  539
to the titled owner if the titled owner's name and address is  540
known to the park operator.  541
       Sec. 1923.06. (A) Any summons in an action, including a  542
claim for possession, pursuant to this chapter shall be issued,  543
be in the form specified, and be served and returned as provided  544
H. B. No. 569  Page 20
As Introduced
in this section. Such service shall be at least seven days  545
before the day set for trial.  546
       (B) Every summons issued under this section to recover  547
residential premises shall contain the following language  548
printed in a conspicuous manner: "A complaint to evict you or  549
the resident of your manufactured or mobile home has been filed  550
with this court. No person shall be evicted unless the person's  551
right to possession has ended and no person shall be evicted in  552
retaliation for the exercise of the person's lawful rights. If  553
you are depositing rent with the clerk of this court you shall  554
continue to deposit such rent until the time of the court  555
hearing. The failure to continue to deposit such rent may result  556
in your eviction. You may request a trial by jury. You have the  557
right to seek legal assistance. If you cannot afford a lawyer,  558
you may contact your local legal aid or legal service office. If  559
none is available, you may contact your local bar association."  560
       (C) The clerk of the court in which a complaint to evict  561
is filed shall mail any summons by ordinary mail, along with a  562
copy of the complaint, document, or other process to be served,  563
to the defendant at the address set forth in the caption of the  564
summons and to any address set forth in any written instructions  565
furnished to the clerk. The mailing shall be evidenced by a  566
certificate of mailing which the clerk shall complete and file.  567
       In addition to this ordinary mail service, the clerk also  568
shall cause service of that process to be completed under either  569
of the following:  570
       (1) Division (D) or (E) of this section or both, depending  571
upon which of those two methods of service is requested by the  572
plaintiff upon filing the complaint to evict;  573
H. B. No. 569  Page 21
As Introduced
       (2) Division (F) of this section if the action relates to  574
a deceased manufactured home park resident.  575
       (D)(1) If requested, the clerk shall deliver sufficient  576
copies of the summons, complaint, document, or other process to  577
be served to, and service shall be made by, one of the following  578
persons:  579
       (a) The sheriff of the county in which the premises are  580
located when the process issues from a court of common pleas or  581
county court;  582
       (b) The bailiff of the court for service when process  583
issues from a municipal court;  584
       (c) Any person who is eighteen years of age or older, who  585
is not a party, and who has been designated by order of the  586
court to make service of process when process issues from any of  587
the courts referred to in divisions (D)(1)(a) and (b) of this  588
section.  589
       (2) The person serving process shall effect service at the  590
premises that are the subject of the forcible entry and detainer  591
action by one of the following means:  592
       (a) By locating the person to be served at the premises to  593
tender a copy of the process and accompanying documents to that  594
person;  595
       (b) By leaving a copy of the summons, complaint, document,  596
or other process with a person of suitable age and discretion  597
found at the premises if the person to be served cannot be found  598
at the time the person making service attempts to serve the  599
summons pursuant to division (D)(2)(a) of this section;  600
       (c) By posting a copy in a conspicuous place on the  601
H. B. No. 569  Page 22
As Introduced
subject premises if service cannot be made pursuant to divisions  602
(D)(2)(a) and (b) of this section.  603
       (3) Within five days after receiving the summons,  604
complaint, document, or other process from the clerk for  605
service, the person making service shall return the process to  606
the clerk. The person shall indicate on the process which method  607
described in division (D)(2) of this section was used to serve  608
the summons. The clerk shall make the appropriate entry on the  609
appearance docket.  610
       (E) If requested, the clerk shall mail by certified mail,  611
return receipt requested, a copy of the summons, complaint,  612
document, or other process to be served to the address set forth  613
in the caption of the summons and to any address set forth in  614
any written instructions furnished to the clerk.  615
       (F)(1) If the person to be evicted in an action pursuant  616
to this chapter is a deceased manufactured home park resident,  617
the plaintiff shall provide to the clerk the following  618
information:  619
       (a) If the plaintiff knows that a probate court has  620
granted letters testamentary or of administration for the estate  621
of the deceased resident, the name and address of the probate  622
court, the case number of the estate, and the name and address  623
of the executor or administrator appointed by the probate court;  624
       (b) If the plaintiff knows that a probate court has not  625
granted letters testamentary or of administration for the estate  626
of the deceased resident or does not know whether or not a  627
probate court has granted letters testamentary or of  628
administration for the estate, the names and addresses of the  629
deceased resident's spouse and any other members of the deceased  630
H. B. No. 569  Page 23
As Introduced
resident's immediate family that are known to the plaintiff;  631
       (c) If the plaintiff does not possess the information set  632
forth in division (F)(1)(a) or (b) of this section, an affidavit  633
from the plaintiff stating that the plaintiff does not possess  634
the information.  635
       (2)(a) Upon receipt from the plaintiff of the information  636
set forth in division (F)(1)(a) of this section, the clerk shall  637
mail by certified mail, return receipt requested, a copy of the  638
summons, complaint, document, or other process to be served to  639
the address of the executor or administrator appointed by the  640
probate court.  641
       (b) Upon receipt from the plaintiff of the information set  642
forth in division (F)(1)(b) or (c) of this section, the clerk  643
shall do both of the following:  644
       (i) Mail by ordinary mail and by certified mail, return  645
receipt requested, a copy of the summons, complaint, document,  646
or other process to be served to the persons and addresses  647
provided by the plaintiff, if any. The ordinary mail mailing  648
shall be evidenced by a certificate of mailing that the clerk  649
shall complete and file.  650
       (ii) Cause service of notice to be made by publication in  651
a newspaper of general circulation in the county in which the  652
complaint is filed. The publication shall set forth the name and  653
address of the court, the case number, the name and address of  654
the plaintiff or the plaintiff's attorney, and the name and  655
address of the deceased manufactured home park resident. The  656
publication shall describe the premises entered upon and  657
detained, shall contain a summary statement of the object of the  658
eviction complaint against the deceased resident, and shall  659
H. B. No. 569  Page 24
As Introduced
state that the claim for restitution of the premises shall be  660
scheduled for a hearing in accordance with local court rules,  661
but in no event sooner than the seventh day from the date  662
service is complete. The clerk shall cause the publication to be  663
published at least once a week for two weeks.  664
       (G) Service of process shall be deemed complete on the  665
date that any of the following has occurred:  666
       (1) Service is made pursuant to division (D)(2)(a) or (b)  667
of this section.  668
       (2) Both ordinary mail service under division (C) and  669
service by posting pursuant to division (D)(2)(c) of this  670
section have been made.  671
       (3) For service performed pursuant to division (E) or (F)  672
(2)(a) of this section, on the date of mailing, if on the date  673
of the hearing either of the following applies:  674
       (a) The certified mail has not been returned for any  675
reason other than refused or unclaimed.  676
       (b) The certified mail has not been endorsed, and the  677
ordinary mail has not been returned.  678
       (4) For service performed under division (F)(2)(b) of this  679
section, on the date of mailing under division (F)(2)(b)(i) of  680
this section or on the date of the last publication under  681
division (F)(2)(b)(ii) of this section, whichever is later, if  682
on the date of the hearing, either of the following applies:  683
       (a) The certified mail has not been returned for any  684
reason other than refused or unclaimed.  685
       (b) The certified mail has not been endorsed, and the  686
ordinary mail has not been returned.  687
H. B. No. 569  Page 25
As Introduced
       (H)(1) The claim for restitution of the premises shall be  688
scheduled for hearing in accordance with local court rules, but  689
in no event sooner than the seventh day from the date service is  690
complete.  691
       (2) Answer day for any other claims filed with the claim  692
for possession shall be twenty-eight days from the date service  693
is deemed complete under this section.  694
       (I) As used in this section, "immediate family" means a  695
person's spouse, brothers and sisters of the whole or half  696
blood, children, including adopted children and stepchildren,  697
parents, and grandparents.  698
       Sec. 1923.09. (A) If an action under this chapter is not  699
continued, the place of trial is not changed, and neither party  700
demands a jury on the return day of the summons, a judge of the  701
court shall try the cause. After hearing the evidence, if the  702
judge concludes that the complaint is not true, the judge shall  703
enter judgment against the plaintiff for costs. If the judge  704
finds the complaint to be true, the judge shall render a general  705
judgment against the defendant, in favor of the plaintiff, for  706
restitution of the premises and costs of suit. If the judge  707
finds the complaint true in part, the judge shall render a  708
judgment for restitution of that part only, and the costs shall  709
be taxed as the judge considers just.  710
       (B) If a judgment is entered under this section in favor  711
of a plaintiff who is a park operator, and upon a subsequent  712
entry for disposition of a manufactured home or mobile home, the  713
judge shall include in the judgment entry authority for the  714
plaintiff to permit, in accordance with section 1923.12 and  715
division (B) of section 1923.13 and division (B) of section  716
1923.14 of the Revised Code, the removal from the manufactured  717
H. B. No. 569  Page 26
As Introduced
home park and potential sale, destruction, or transfer of  718
ownership of the defendant's manufactured home, mobile home, or  719
recreational vehicle.  720
       Sec. 1923.11. (A) The court shall enter the verdict  721
rendered by a jury under section 1923.10 of the Revised Code  722
upon the docket, and render judgment in the action as if the  723
facts, authorizing the finding of the verdict, had been found by  724
the court itself.  725
       (B) If a judgment is entered under this section in favor  726
of a plaintiff who is a park operator, the judge shall include  727
in the judgment entry authority for the plaintiff to permit, in  728
accordance with section 1923.12 and division (B) of section  729
1923.13 and division (B) of section 1923.14 of the Revised Code,  730
the removal from the manufactured home park and potential sale,  731
destruction, or transfer of ownership of the defendant's  732
manufactured home, or mobile home, or recreational vehicle.  733
       Sec. 1923.12. (A) If a resident or a resident's estate the  734
titled owner of a manufactured home or mobile home has been  735
evicted from a manufactured home park pursuant to a judgment  736
entered under section 1923.09 or 1923.11 of the Revised Code and  737
if the resident titled owner or the titled owner's estate has  738
abandoned or otherwise left unoccupied the resident's titled  739
owner's manufactured home, or mobile home, or recreational  740
vehicle on the residential premises of the manufactured home  741
park for a period of three days following the entry of the  742
judgment, the operator of the manufactured home park operator  743
may provide to the titled owner of the home or vehicle a written  744
notice to remove the manufactured home or vehicle or mobile home  745
from the manufactured home park within fourteen days from after  746
the date of the delivery of the notice. The park operator shall  747
H. B. No. 569  Page 27
As Introduced
deliver or cause the delivery of the notice by personal delivery  748
to   posting it to the door of the manufactured home or mobile  749
home that is the subject of the owner notice or by ordinary mail  750
sent to the last known address of the titled owner. Except as  751
provided in divisions division (D) and (E) of this section, if  752
the titled owner of the manufactured home, or mobile home, or  753
recreational vehicle does not remove it or cause it to be  754
removed from the manufactured home park within fourteen days  755
from after the date of the delivery of the notice, the park  756
operator may follow the procedures of division (B) of section  757
1923.13 and division (B) of section 1923.14 of the Revised Code  758
to permit the removal of the home or vehicle from the  759
manufactured home park, and the potential sale, destruction, or  760
transfer of ownership of the home or vehicle, at the discretion  761
of the manufactured home park operator.  762
       (B) Every notice provided to the titled owner of a  763
manufactured home, or mobile home, or recreational vehicle under  764
this section shall contain the following language printed in a  765
conspicuous manner: "You are being asked to remove your  766
manufactured home, or mobile home, or recreational vehicle from  767
the residential premises of __________, a manufactured home  768
park, in accordance with a judgment of eviction entered in  769
__________ court on __________ against ___________. If the  770
manufactured home, or mobile home, or recreational vehicle is  771
not removed from the manufactured home park within fourteen days  772
from after the date of delivery of this notice, the home or  773
vehicle may be sold or destroyed, or its title may be  774
transferred to __________, pursuant to division (B) of both  775
sections 1923.13 and 1923.14 of the Revised Code. If you are in  776
doubt regarding your legal rights, it is recommended that you  777
seek legal assistance."  778
H. B. No. 569  Page 28
As Introduced
        (C)(1) Before requesting a writ of execution an order of  779
the court under division (B) of section 1923.13 of the Revised  780
Code, the park operator shall conduct or cause to be conducted a  781
search of the appropriate public records that relate to the  782
manufactured home, or mobile home, or recreational vehicle, and  783
make or cause to be made reasonably diligent inquiries, for the  784
purpose of identifying any persons other than the titled owner  785
who have an outstanding right, title, or interest in the home or  786
vehicle. The clerk of courts shall provide the title information  787
upon a request made pursuant to this section.  788
        (2) If the search or inquiries pursuant to division (C)(1)  789
of this section reveal any person other than the titled owner  790
who has an outstanding right, title, or interest in the  791
manufactured home, or mobile home, or recreational vehicle, the  792
park operator shall provide by ordinary mail to the last known  793
address of the person a written notice to remove the home or  794
vehicle from the manufactured home park or arrange for the sale  795
of the home or vehicle within that the person has twenty-one  796
days from after the date of the delivery of the notice to  797
preserve the person's ownership interest in the home by paying  798
to the park owner any outstanding rent and storage fees. Such a  799
person forfeits any further action on the title to the home  800
following the twenty-first day after delivery of the notice  801
unless rent and storage fees are paid to the manufactured home  802
park operator. The notice shall also specify the amount of fees  803
owed, the method by which to pay the fees, and information on  804
how to contact the titled owner for the sale or removal of the  805
home.  806
        The notice shall contain the following language printed in  807
a conspicuous manner: "You are being asked to removepay  808
outstanding fees in the amount of _______ for the manufactured  809
H. B. No. 569  Page 29
As Introduced
home, or mobile home, or recreational vehicle that you have an  810
outstanding right, title, or interest in from the residential  811
premises of __________, a manufactured home park, in accordance  812
with a judgment of eviction entered in __________ court on  813
__________ against ___________. If outstanding fees related to  814
the manufactured home, or mobile home, or recreational vehicle  815
is are not removed from the manufactured home park paid within  816
twenty-one days from the date of delivery of this notice, the  817
home or vehicle may be sold or destroyed, or its title may be  818
transferred to __________, pursuant to division (B) of both  819
sections 1923.13 and 1923.14 of the Revised Code. Outstanding  820
fees may be paid to _______. The titled owner may be contacted  821
at _________. If you are in doubt regarding your legal rights,  822
it is recommended that you seek legal assistance."  823
       The park operator shall deliver or cause the delivery of  824
the notice by personal delivery to the person or by ordinary  825
mail sent to the last known address of the person. If a sale of  826
the home or vehicle is arranged by the person having an interest  827
in the home other than the titled owner of the home, the person  828
seller shall pay any rent due to the park operator during the  829
pendency of the sale. If the person having an interest in the  830
home does not remove the home or vehicle or arrange for its sale  831
within twenty-one days from the date of the delivery of the  832
notice, the park operator may follow the procedures of division  833
(B) of section 1923.13 and division (B) of section 1923.14 of  834
the Revised Code to permit the removal of the home or vehicle  835
from the manufactured home park, and the potential sale,  836
destruction, or transfer of ownership of the home or vehicle.  837
       (3) If the search or inquiries reveal no person who has an  838
outstanding right, title, or interest in the manufactured home,  839
or mobile home, or recreational vehicle, the park operator may  840
H. B. No. 569  Page 30
As Introduced
follow the procedures of division (B) of section 1923.13 and  841
division (B) of section 1923.14 of the Revised Code to permit  842
the removal of the home or vehicle from the manufactured home  843
park, and the potential sale, destruction, or transfer of  844
ownership of the home or vehicleat the discretion of the park  845
operator without limitation by the court.  846
       (D)(D)(1) If a probate court grants administration with  847
respect to the titled owner's estate, and the executor or  848
administrator does not pay rent or storage fees before the  849
manufactured or mobile home is removed from the manufactured  850
home park or sold by a person having an interest in the home in  851
accordance with this section, the titled owner's estate forfeits  852
its interest in the home. When a deceased resident titled owner  853
or a resident's titled owner's estate has been evicted from a  854
manufactured home park pursuant to a judgment entered under  855
section 1923.09 or 1923.11 of the Revised Code, the removal from  856
the park and potential sale, destruction, or transfer of  857
ownership of the resident's manufactured home, or mobile home,  858
or recreational vehicle and any personal property abandoned on  859
the residential premises shall be conducted in the manner  860
prescribed by the probate court in which letters testamentary or  861
of administration have been granted for the estate in accordance  862
with Title XXI of the Revised Code. The park operator may store  863
the resident's manufactured home, or mobile home, or  864
recreational vehicle at a storage facility or at another  865
location within the manufactured home park during the  866
administration of the estate. The park operator shall notify the  867
executor or administrator of the resident's titled owner's  868
estate where the manufactured home, or mobile home, or  869
recreational vehicle will be stored during the administration of  870
the estate and of rent that continues to accrue. The costs for  871
H. B. No. 569  Page 31
As Introduced
the removal and storage of the manufactured home, or mobile  872
home, or recreational vehicle shall be a claim against the  873
resident's titled owner's estate without further presentation of  874
the claim to the executor or administrator.  875
       (E)(1) When the resident who has been evicted from a  876
manufactured home park pursuant to a judgment entered under  877
section 1923.09 or 1923.11 of the Revised Code is the titled  878
owner of a manufactured home, mobile home, or recreational  879
vehicle and is or becomes deceased prior to the removal of the  880
home or vehicle from the manufactured home park, and (2) If no  881
probate court has granted administration with respect to the  882
resident's titled owner's estate within ninety twenty-one days  883
of after the deceased's deathnotification to remove the home is  884
provided pursuant to division (A) of this section, the park  885
operator may store the home or vehicle at a storage facility or  886
at another location within the manufactured home park before and  887
after a probate court grants letters testamentary or of  888
administration with respect to the resident's estate pursuant to  889
Title XXI of the Revised Codefile a request for an order of the  890
court for title to the home.  891
       (2) If a probate court grants administration with respect  892
to the resident's estate within ninety days of the date of the  893
eviction of the resident from the park, the removal of the  894
manufactured home, mobile home, or recreational vehicle from the  895
park and potential sale, destruction, or transfer of ownership  896
of the home or vehicle shall be conducted pursuant to division  897
(D) of this section.  898
       (3) If no probate court grants administration with respect  899
to the resident's estate within ninety days of the date of the  900
eviction of the resident from the manufactured home park  901
H. B. No. 569  Page 32
As Introduced
pursuant to a judgment entered under section 1923.09 or 1923.11  902
of the Revised Code, the park operator shall conduct or cause to  903
be conducted a search of the appropriate public records that  904
relate to the manufactured home, mobile home, or recreational  905
vehicle, and make or cause to be made reasonably diligent  906
inquiries, for the purpose of identifying any persons who have  907
an outstanding right, title, or interest in the home or vehicle.  908
       (a) If the search or inquiries pursuant to division (E)(3)  909
of this section reveal any person who has an outstanding right,  910
title, or interest in the manufactured home, mobile home, or  911
recreational vehicle, the park operator shall provide to the  912
person a written notice to remove the home or vehicle from the  913
manufactured home park or arrange for the sale of the home or  914
vehicle within twenty-one days from the date of the delivery of  915
the notice. The notice shall be in the form described in  916
division (C)(2) of this section. The park operator shall deliver  917
or cause the delivery of the notice by personal delivery to the  918
person or by ordinary mail sent to the last known address of the  919
person. If a sale of the home or vehicle is arranged, the person  920
shall pay any rent due to the park operator during the pendency  921
of the sale. If the person does not remove the home or vehicle  922
or arrange for its sale within twenty-one days from the date of  923
the delivery of the notice, the park operator may follow the  924
procedures of division (B) of section 1923.13 and division (B)  925
of section 1923.14 of the Revised Code to permit the removal of  926
the home or vehicle from the manufactured home park, and the  927
potential sale, destruction, or transfer of ownership of the  928
home or vehicle.  929
       (b) If the search or inquiries reveal no person who has an  930
outstanding right, title, or interest in the manufactured home,  931
mobile home, or recreational vehiclethat the titled owner is  932
H. B. No. 569  Page 33
As Introduced
deceased, the park operator shall publish notice of a petition  933
for a writ of execution court order in a newspaper of general  934
circulation in the county where the home or vehicle has been  935
abandoned. The publication shall contain the name of the  936
deceased and the last known address of the home or vehicle and  937
shall run once a week for two consecutive weeks. The park  938
operator shall provide to the clerk of the court written  939
certification by the newspaper of the dates of the publication  940
and an affidavit signed by the operator attesting to the  941
publication. The park operator may then follow the procedures of  942
division (B) of section 1923.13 and division (B) of section  943
1923.14 of the Revised Code to permit the removal of the home or  944
vehicle from the manufactured home park, and the potential sale,  945
destruction, or transfer of ownership of the home or vehicleat  946
the discretion of the park operator without limitation by the  947
court.  948
       (E)(1) A park operator that seeks to acquire title to an  949
abandoned manufactured or mobile home under this section shall  950
submit to the county auditor an affidavit stating that the home  951
is abandoned, whether the home is valued at ten thousand dollars  952
or less, the date of the eviction judgment, and all persons with  953
an outstanding interest in the home other than the titled owner.  954
       (2) If the county auditor agrees with the stated value on  955
the affidavit, the county auditor shall sign a certification of  956
the original affidavit attesting to the agreement of the value  957
of the manufactured home or mobile home and return the affidavit  958
to the park operator within thirty days after receipt.  959
Electronic submission to the county auditor by the park operator  960
of the affidavit and certification is satisfactory for the  961
purposes of this section.  962
H. B. No. 569  Page 34
As Introduced
       (3) If the county auditor disagrees with the stated value  963
on the affidavit, the county auditor shall notify the park  964
operator of the disagreement within thirty days after receipt of  965
the affidavit. The park operator may submit additional materials  966
in support of the stated value on the affidavit consistent with  967
industry valuation standards within ten days after receipt of  968
the notice of the disagreement. If the park operator submits  969
additional materials in support of the stated value on the  970
affidavit, then after reviewing the additional materials  971
submitted, the county auditor shall do one of the following:  972
       (a) If the county auditor agrees with the stated value on  973
the affidavit, the county auditor shall sign a certification  974
attesting to the agreement of the value of the manufactured home  975
or mobile home and return the original affidavit to the park  976
operator within ten days after receipt of the additional  977
materials.  978
       (b) If the county auditor continues to disagree with the  979
stated value on the affidavit, the county auditor shall notify  980
the park operator of the continued disagreement within ten days  981
of receipt of the additional materials. The park operator may  982
appeal to the court for a ruling on the disagreement pursuant to  983
court rule. A hearing on the value of the manufactured or mobile  984
home shall not require a certified appraiser.  985
       (4) A certification under this section by the county  986
auditor respecting the value of a mobile home or manufactured  987
home shall not be construed as an official appraisal of the home  988
for tax purposes and is not admissible in any proceeding before  989
a board of revision or board of tax appeals.  990
       (F) If the county auditor does not timely certify or  991
respond to an affidavit of a park operator as required by this  992
H. B. No. 569  Page 35
As Introduced
section, the park operator may submit the affidavit to the court  993
with verification by the park operator that the county auditor  994
has failed to respond to requests for certification, and the  995
court shall proceed upon the sworn affidavit of the park  996
operator without certification.  997
       (G) A park operator that knowingly falsifies information  998
on the affidavit under this section is guilty of falsification  999
under section 2921.13 of the Revised Code.  1000
       Sec. 1923.13. (A) When a judgment of restitution is  1001
entered by a court in an action under this chapter, unless the  1002
plaintiff or the plaintiff's agent or attorney proceeds under  1003
division (B) of this section, at the request of the plaintiff or  1004
the plaintiff's agent or attorney, that court shall issue a writ  1005
of execution restitution on the judgment, in the following form,  1006
as near as practicable:  1007
       "The state of Ohio, ________________________ county: To  1008
any constable or police officer of ___________________ township,  1009
city, or village; or To the sheriff of  1010
_______________________________ county; or To any authorized  1011
bailiff of the ____________ (name of court):  1012
       Whereas, in a certain action for the forcible entry and  1013
detention (or the forcible detention, as the case may be), of  1014
the following described premises, to wit: ____________, lately  1015
tried before this court, wherein _______________ was plaintiff,  1016
and __________ was defendant, ______________ judgment was  1017
rendered on the ________ day of ____________, ____________, that  1018
the plaintiff have restitution of those premises; and also that  1019
the plaintiff recover costs in the sum of ______________ You  1020
therefore are hereby commanded to cause the defendant to be  1021
forthwith removed from those premises, and the plaintiff to have  1022
H. B. No. 569  Page 36
As Introduced
restitution of them; also, that you levy of the goods and  1023
chattels of the defendant, and make the costs previously  1024
mentioned and all accruing costs, and of this writ make legal  1025
service and due return.  1026
       Witness my hand, this _______ day of _____, _________  1027
__________________________ Judge, __________ (Name of court)"  1028
       (B) (B)(1) When a judgment of restitution is entered by a  1029
court in any action under this chapter against a titled owner of  1030
an abandoned manufactured or mobile home park resident or the  1031
estate of a titled owner of an abandoned manufactured or mobile  1032
home park resident, at the request of the plaintiff or the  1033
plaintiff's agent or attorneyif the manufactured or mobile home  1034
has a value of less than ten thousand dollars as determined by  1035
affidavit of the park operator and affirmed by certification of  1036
the county auditor, and if the park operator has met all notice  1037
requirements under section 1923.12 of the Revised Code, that  1038
court shall issue a writ of execution an order on the judgment,  1039
in the following form, as near as practicable:  1040
       "The state of Ohio, __________ county; To any constable or  1041
police officer of __________ township, city, or village; or To  1042
the sheriff of __________ county; or To any authorized bailiff  1043
of the __________ (name of court):  1044
       "To the clerk of courts, title division:  1045
       Whereas, in a certain action for eviction of a resident  1046
titled owner or a resident's titled owner's estate from the  1047
following described residential premises of a manufactured home  1048
park on which the following described manufactured home, or  1049
mobile home, or recreational vehicle is located, to wit:  1050
__________, lately tried before this court, wherein __________  1051
H. B. No. 569  Page 37
As Introduced
was plaintiff, and __________ was defendant, __________ judgment  1052
in forcible entry and detention was rendered on the __________  1053
day of __________, __________, that the plaintiff have  1054
restitution of the premises and also that the plaintiff recover  1055
costs in the sum of ___________ You therefore are hereby  1056
authorized to cause the defendant to be removed and set out from  1057
the residential premises, if the defendant holds over on the  1058
premises subsequent to an eviction judgment against the  1059
defendant. In accordance with division (A) of section 1923.12 of  1060
the Revised Code, three days after the eviction judgment, the  1061
plaintiff is hereby commanded to post a fourteen-day notice to  1062
the defendant to sell or remove the manufactured home, mobile  1063
home, or recreational vehicle from the premises, at the  1064
defendant's costs. If the manufactured home, mobile home, or  1065
recreational vehicle is not sold or removed by the defendant at  1066
the expiration of the fourteen-day notice, it is hereby ordered  1067
that the defendant forfeits the right to the manufactured home,  1068
mobile home, or recreational vehicle and the plaintiff is hereby  1069
authorized to exercise the rights set forth herein. Also, you  1070
are to levy of the goods and chattels of the defendant, and make  1071
the costs previously mentioned and all accruing costs, and of  1072
this writ make legal service and due return.  1073
       Further, you are authorized to cause the manufactured  1074
home, mobile home, or recreational vehicle, and all personal  1075
property on the residential premises, to be retained at their  1076
current location on the residential premises, until they are  1077
disposed of in a manner authorized by this writ or the law of  1078
this state.  1079
       If the manufactured home, mobile home, or recreational  1080
vehicle has been abandoned by the defendant, the park operator  1081
is hereby commanded to submit a notarized affidavit to the  1082
H. B. No. 569  Page 38
As Introduced
county auditor of the county where the park is located listing  1083
the titled owner, address, serial number, and the value of the  1084
manufactured home, mobile home, or recreational vehicle. Within  1085
fifteen days after receipt of the affidavit, the county auditor  1086
is hereby commanded to confirm whether the county auditor agrees  1087
or disagrees with the stated value on the affidavit. Either of  1088
the following shall apply:  1089
       (1) If the county auditor agrees with the stated value on  1090
the affidavit, the county auditor is hereby commanded to sign  1091
the original affidavit attesting to the agreement of the value  1092
of the manufactured home, mobile home, or recreational vehicle  1093
and return the original affidavit to the park operator within  1094
fifteen days after receipt of the affidavit from the park  1095
operator.  1096
       (2) If the county auditor disagrees with the stated value  1097
on the affidavit, the county auditor is hereby commanded to  1098
notify the park operator of the disagreement within fifteen days  1099
after receipt of the affidavit. The park operator is hereby  1100
authorized to submit additional materials in support of the  1101
stated value on the affidavit consistent with industry valuation  1102
standards within ten days after receipt of the notice of the  1103
disagreement. If the park operator submits additional materials  1104
in support of the stated value on the affidavit, then after  1105
reviewing the additional materials submitted, either of the  1106
following shall apply:  1107
       (a) If the county auditor agrees with the stated value on  1108
the affidavit, the county auditor is hereby commanded to sign  1109
the original affidavit attesting to the agreement of the value  1110
of the manufactured home, mobile home, or recreational vehicle  1111
and return the original affidavit to the park operator within  1112
H. B. No. 569  Page 39
As Introduced
ten days after receipt of the additional materials.  1113
       (b) If the county auditor continues to disagree with the  1114
stated value on the affidavit, the county auditor is hereby  1115
commanded to notify the park operator of the continued  1116
disagreement within ten days of receipt of the additional  1117
material and return the original affidavit to the park operator.  1118
The park operator is hereby authorized to appeal to this court  1119
for a ruling on the disagreement pursuant to court rule.  1120
       The park operator is hereby commanded to submit to this  1121
court the affidavit signed by the county auditor stating the  1122
value of the manufactured home, mobile home, or recreational  1123
vehicle, which shall be deemed to be the park operator's sworn  1124
testimony. If the park operator knowingly falsifies information  1125
on the affidavit the park operator shall be guilty of  1126
falsification under divisions (A)(1), (3), and (6) of section  1127
2921.13 of the Revised Code.  1128
       If the manufactured home, mobile home, or recreational  1129
vehicle has been so abandoned and has a value of more than three  1130
thousand dollars, and the requirements of section 1923.12 of the  1131
Revised Code have been satisfied, you are hereby authorized to  1132
cause the sale of the home or vehicle and personal property in  1133
the home or vehicle in accordance with division (B)(3) of  1134
section 1923.14 of the Revised Code. If you are unable to sell  1135
the manufactured home, mobile home, or recreational vehicle due  1136
to a want of bidders, after it is offered for sale on two  1137
occasions, you are hereby commanded to cause the presentation of  1138
this writ to a clerk of the court of common pleas title division  1139
for the issuance of a certificate of title transferring the  1140
title of the home or vehicle to the plaintiff, free and clear of  1141
all security interests, liens, and encumbrances, in accordance  1142
H. B. No. 569  Page 40
As Introduced
with division (B)(3) of section 1923.14 of the Revised Code.  1143
       If the manufactured home, mobile home, or recreational  1144
vehicle has been so abandoned and has a value of three thousand  1145
dollars or less and if the requirements of section 1923.12 of  1146
the Revised Code have been satisfied, you are hereby authorized  1147
to cause the presentation of this writ to a clerk of the court  1148
of common pleas title division for the issuance of a certificate  1149
of title transferring the title of the home or vehicle to the  1150
plaintiff, free and clear of all security interests, liens, and  1151
encumbrances in accordance with division (B)(4) of section  1152
1923.14 of the Revised Code.  1153
       Upon this writ's presentation by the levying officer to a  1154
clerk of the court of common pleas title division under the  1155
circumstances described in either of the two preceding  1156
paragraphs and in accordance with division (B)(3) or (4) of  1157
section 1923.14 of the Revised Code, as applicable, the clerk is  1158
hereby commanded to issue a certificate of title transferring  1159
the title of the manufactured home, mobile home, or recreational  1160
vehicle to the plaintiff, free and clear of all security  1161
interests, liens, and encumbrances, in the manner prescribed in  1162
section 4505.10 of the Revised Code. Plaintiff has established  1163
by sworn affidavit that all requirements of section 1923.12 of  1164
the Revised Code have been met. The search for all parties of  1165
interest has been reasonably completed and all notices given as  1166
required by that section. Plaintiff has established just grounds  1167
for the value of the manufactured or mobile home to be less than  1168
ten thousand dollars, the value of which is affirmed by  1169
certification of the county auditor. Plaintiff is authorized to  1170
cause the manufactured or mobile home, and all personal property  1171
and vehicles of the defendant on the residential premises, to  1172
be, at the option of the plaintiff: (1) destroyed or removed  1173
H. B. No. 569  Page 41
As Introduced
from the manufactured home park, (2) retained at its current  1174
location on the residential premises, or (3) sold by the  1175
plaintiff. If the manufactured or mobile home is destroyed by  1176
the plaintiff, the plaintiff shall submit to the county auditor  1177
a destroyed manufactured or mobile home form detailing the date  1178
of destruction and location of the manufactured or mobile home  1179
destroyed. If the manufactured or mobile home is retained at its  1180
current location or sold by the plaintiff, the plaintiff shall  1181
notify the county auditor and the clerk of courts, title  1182
division.  1183
       To the clerk of courts, ____ county:  1184
       You are hereby commanded to issue a certificate of title  1185
transferring the title of the manufactured or mobile home to  1186
plaintiff, free and clear of all liens, encumbrances, taxes,  1187
security interests, and other interests in the manner prescribed  1188
by section 4505.10 of the Revised Code. The manufactured or  1189
mobile home is described as a ____ (year, model) with a serial  1190
number of ____, title number ____.  1191
       Witness my hand, this __________ day of __________,  1192
__________, __________ Judge, __________ (Name of court)."  1193
       (2) When a judgment of restitution is entered by a court  1194
in any action under this chapter against a titled owner of an  1195
abandoned manufactured or mobile home or the estate of a titled  1196
owner of an abandoned manufactured or mobile home and if the  1197
manufactured or mobile home has a value exceeding ten thousand  1198
dollars, the manufactured or mobile home shall be sold at a  1199
public auction in the following manner:  1200
       (a) The court shall use the services of a licensed  1201
auctioneer, a bailiff of the municipal court, or the county  1202
H. B. No. 569  Page 42
As Introduced
sheriff, the expense to be assessed as costs to be reimbursed  1203
out of the proceeds of any sale in accordance with division (G)  1204
of section 1923.14 of the Revised Code.  1205
        (b) Plaintiff shall coordinate with the bailiff of the  1206
court, county sheriff, or court-appointed licensed auctioneer to  1207
schedule the sale. A bailiff of the court shall be present at  1208
auction to supervise and ensure proper procedures are followed  1209
and to receive any purchase money. Any purchase money received  1210
by the bailiff, sheriff, or court-appointed auctioneer shall be  1211
deposited with the clerk of courts, along with filing a return  1212
for the sale, as soon as practicable.  1213
        (c) The plaintiff shall issue notice of the sale to any  1214
lienholders or persons with an outstanding interest in the  1215
abandoned manufactured or mobile home by certified mail, return  1216
receipt requested. The plaintiff shall file copy of the notice  1217
with clerk of the municipal court at least three days prior to  1218
sale.  1219
        (d) In addition to the notices required by section 1923.12  1220
of the Revised Code, where the titled owner of the manufactured  1221
or mobile home is deceased, notice shall be published in a  1222
newspaper of general circulation in the county once a week for  1223
two weeks. The clerk of the municipal court is not required to  1224
send notice to the defendant regarding the defendant's right to  1225
an exemptions hearing in accordance with division (B)(3) of  1226
section 1923.14 of the Revised Code.  1227
        (e) The manufactured or mobile home may be sold without an  1228
appraisal. The value of the manufactured or mobile home shall be  1229
determined based on an affidavit submitted by the plaintiff and  1230
certified by the county auditor.  1231
H. B. No. 569  Page 43
As Introduced
       (f) If there are no bidders at the date of auction  1232
advertised, the bailiff shall file a return to the court  1233
reflecting that information. The court shall issue an order for  1234
the transfer of the certificate title of manufactured or mobile  1235
home to plaintiff. All further proceedings terminate when  1236
plaintiff accepts transfer of title.  1237
       (g) The issuance of an order pursuant to this section for  1238
transfer of title shall be in the following form, as near as  1239
practicable:  1240
       "To the clerk of courts, title division:  1241
       Whereas, in a certain action for the eviction of a titled  1242
owner or a titled owner's estate from the following described  1243
premises of a manufactured home park on which the above-  1244
described manufactured or mobile home, is located, to wit:  1245
___________. Lately tried before this court, wherein ________  1246
was the plaintiff, and ________was the defendant. Judgment in  1247
forcible entry and detainer was rendered on __________that the  1248
plaintiff has restitution of the premises. Just grounds for the  1249
value of the manufactured or mobile home to be greater than ten  1250
thousand dollars, the value of which was established by  1251
affidavit of the plaintiff and certification by the county  1252
auditor, required the public auction of the manufactured or  1253
mobile home. All requirements for the sale of the abandoned  1254
manufactured or mobile home have been confirmed and, with no  1255
bidders, certificate of title is transferred to the plaintiff.  1256
Plaintiff is authorized to cause the manufactured or mobile  1257
home, and all personal property and vehicles of the defendant on  1258
the residential premises, to be, at the option of the plaintiff,  1259
either (1) destroyed or removed from the manufactured home park,  1260
or (2) retained at its current location on the residential  1261
H. B. No. 569  Page 44
As Introduced
premises or sold by plaintiff. If the manufactured or mobile  1262
home is retained at its current location by the plaintiff, the  1263
plaintiff shall notify the county auditor and the clerk of  1264
courts, title division, and the plaintiff is responsible for  1265
taxes that accrue after receiving title.  1266
       To the clerk of courts, _____ county:  1267
       You are hereby commanded to issue a certificate of title  1268
transferring the title of the manufactured or mobile home to the  1269
plaintiff, free and clear of all liens, encumbrances, taxes,  1270
security interests, and other interests in the manner prescribed  1271
by section 4505.10 of the Revised Code. The manufactured or  1272
mobile home is described as a ________ (year, model) with a  1273
serial number of ____, title number _____.  1274
       Witness my hand, this ___ day of ____, _____, _______  1275
Judge _______ (name of court)."  1276
       (3) If the manufactured or mobile home is sold to the  1277
highest bidder at the date of auction, the bailiff shall collect  1278
the purchase money from the highest bidder and deposit the money  1279
with the municipal clerk of courts as soon as practicable. The  1280
clerk of courts shall hold the funds on deposit until the court  1281
examines the proceedings in accordance with section 2329.32 of  1282
the Revised Code. The bailiff of the court shall file a return  1283
reflecting completion of the sale with the name of the  1284
purchaser, the purchase amount, and the sale date.  1285
       (4)(a) The plaintiff shall file with the court a motion  1286
for order confirming sale and a proposed order for transfer of  1287
title in accordance with this section, which shall be supported  1288
with an itemization of amounts to be distributed in accordance  1289
with division (G) of section 1923.14 of the Revised Code.  1290
H. B. No. 569  Page 45
As Introduced
       (b) Upon such motion, the court shall issue an order  1291
confirming the sale, ordering distribution of proceeds, and  1292
transferring title to the manufactured or mobile home, which may  1293
be presented to the common pleas title division. The clerk of  1294
courts shall distribute the sale proceeds in accordance with the  1295
order confirming the sale.  1296
       (c) The issuance of an order for transfer of title to the  1297
successful bidder shall be in the following form, as near as  1298
practicable:  1299
       "To the clerk of courts, title division:  1300
       Whereas, in a certain action for eviction of a titled  1301
owner or titled owner's estate from the following described  1302
premises of a manufactured home park on which the above-  1303
described manufactured or mobile home is located, to wit:  1304
____________. Lately tried before this court, wherein __________  1305
was the plaintiff, and _________ was the defendant. Judgment in  1306
forcible entry and detainer was rendered on ___________ that the  1307
plaintiff has restitution of the premises. Just grounds for the  1308
value of the manufactured or mobile home to be greater than ten  1309
thousand dollars, the value of which was established by  1310
affidavit of the plaintiff and certification by the county  1311
auditor, required the public auction of the manufactured or  1312
mobile home. All requirements for the sale of the abandoned  1313
manufactured or mobile home have been met and the certificate of  1314
title is transferred to __________, the successful bidder. If  1315
the manufactured home is retained at its current location by the  1316
successful bidder, the bidder shall notify the county auditor  1317
and the clerk of courts, title division. Proceeds of the sale  1318
shall be disbursed in accordance with division (G) of section  1319
1923.14 of the Revised Code.  1320
H. B. No. 569  Page 46
As Introduced
       To the clerk of courts, ________ county:  1321
       You are hereby commanded to issue a certificate of title  1322
transferring the title of the manufactured or mobile home to  1323
__________, free and clear of all liens, encumbrances, taxes,  1324
security interests, and other interests in the manner prescribed  1325
by section 4505.10 of the Revised Code. The manufactured or  1326
mobile home is described as a ________ (year, model) with a  1327
serial number of ______, title number _______.  1328
       Witness my hand, this ___ day of ____, _____, _______  1329
Judge _______ (name of court)."  1330
       Sec. 1923.14. (A)(A)(1) Except as otherwise provided in  1331
this section, within ten days after receiving a writ of  1332
execution court order described in division (A) or (B) of  1333
section 1923.13 of the Revised Code, the sheriff, police  1334
officer, constable, or bailiff shall execute it by restoring the  1335
plaintiff to the possession of the premises, and shall levy and  1336
collect reasonable costs, not to exceed the standard motion fee,  1337
and make return, as upon other executions. If an appeal from the  1338
judgment of restitution is filed and if, following the filing of  1339
the appeal, a stay of execution is obtained and any required  1340
bond is filed with the court of common pleas, municipal court,  1341
or county court, the judge of that court immediately shall issue  1342
an order to the sheriff, police officer, constable, or bailiff  1343
commanding the delay of all further proceedings upon the  1344
execution until the court's disposition. If the premises have  1345
been restored to the plaintiff, the sheriff, police officer,  1346
constable, or bailiff shall forthwith place the defendant in  1347
possession of them, and return the writ with the sheriff's,  1348
police officer's, constable's, or bailiff's proceedings and the  1349
costs taxed on it.  1350
H. B. No. 569  Page 47
As Introduced
       (2) The filing fee for a court order for title upon an  1351
abandoned manufactured or mobile home with the clerk of courts  1352
shall not exceed the court's standard motion fee.  1353
       (B)(1) After a municipal court or county court issues a  1354
writ of execution court order described in division (B) of  1355
section 1923.13 of the Revised Code, the clerk of the court  1356
shall send by regular mail, to the last known address of each  1357
person other than the titled owner of the manufactured home, or  1358
mobile home, or recreational vehicle that is the subject of the  1359
writ court order who is listed on the writ court order as having  1360
any outstanding right, title, or interest in the home, vehicle,  1361
or personal property and to the auditor and treasurer of the  1362
county in which the court is located, a written notice that the  1363
home or vehicle potentially may be sold, destroyed, or have its  1364
title transferred under the circumstances described in division  1365
(B)(3) or (4) of this section. A person having any outstanding  1366
right, title, or interest in the home, vehicle, or personal  1367
property is not required to consent to the notice required under  1368
this division in order for the writ court order to be executed.  1369
       (2) Except as otherwise provided in this division, after  1370
causing the defendant to be removed from the residential  1371
premises of the manufactured home park, if necessary, by writ of  1372
restitution, and receiving a writ of execution described in  1373
division (B) of section 1923.13 of the Revised Code, in  1374
accordance with the writ, the sheriff, police officer,  1375
constable, or bailiff may cause the manufactured home, or mobile  1376
home, or recreational vehicle that is the subject of the  1377
writcourt order, and all personal property on the residential  1378
premises, to be retained at their current location on the  1379
residential premises, until they are claimed by the defendant or  1380
they are disposed of in a manner authorized by division (B)(3),  1381
H. B. No. 569  Page 48
As Introduced
(4), or (6) or (G)(3) of this section or by another section of  1382
the Revised Code.  1383
       The park operator shall not be liable for any damage  1384
caused by the park operator's removal of the manufactured home,  1385
or mobile home, or recreational vehicle or the removal of the  1386
personal property from the residential premises, or for any  1387
damage to the home, vehicle, or personal property during the  1388
time the home, vehicle, or property remains abandoned or stored  1389
in the manufactured home park, unless the damage is the result  1390
of acts that the park operator or the park operator's agents or  1391
employees performed with malicious purpose, in bad faith, or in  1392
a wanton or reckless manner. The reasonable costs for a removal  1393
of the manufactured home, or mobile home, or recreational  1394
vehicle and personal property and, as applicable, the reasonable  1395
costs for its storage shall constitute a lien upon the home or  1396
vehicle payable by the titled owner of the home or vehicle or  1397
payable pursuant to division (B)(3) (G)(1) of this section to  1398
the park operator.  1399
       The sheriff, police officer, constable, or bailiff, or  1400
park operator shall not be liable for any damage caused by the  1401
park operator's removal of the manufactured home, or mobile  1402
home, or recreational vehicle or the removal of the personal  1403
property from the residential premises, or for any damage to the  1404
home, vehicle, or personal property during the time the home,  1405
vehicle, or property remains abandoned or stored in the  1406
manufactured home park.  1407
       (3) Except as provided in divisions (B)(4), (5), and (6)  1408
of this section and division (D) of section 1923.12 of the  1409
Revised Code, within sixty days after receiving a writ of  1410
execution court order described in division (B) of section  1411
H. B. No. 569  Page 49
As Introduced
1923.13 of the Revised Code for a manufactured home, or mobile  1412
home, or recreational vehicle, determined to have a value of  1413
more than three ten thousand dollars, the sheriff, police  1414
officer, constable, or bailiff shall commence proceedings for  1415
the sale of the manufactured home, or mobile home, or  1416
recreational vehicle that is the subject of the writ, and the  1417
abandoned personal property on the residential premises, if the  1418
home or vehicle is determined to be abandoned in accordance with  1419
the procedures for the sale of goods on execution under Chapter  1420
2329. of the Revised Code. In addition to all notices required  1421
to be given under section 2329.13 of the Revised Code, the  1422
sheriff, police officer, constable, or bailiff shall serve at  1423
their respective last known addresses a written notice of the  1424
date, time, and place of the sale upon all persons who are  1425
listed on the writ of execution as having any outstanding right,  1426
title, or interest in the abandoned manufactured home, or mobile  1427
home, or recreational vehicle and the personal property and  1428
shall provide written notice to the auditor and the treasurer of  1429
the county in which the court issuing the writ is located.  1430
       Unless the proceedings are governed by division (D) of  1431
section 1923.12 of the Revised Code, notwithstanding  1432
Notwithstanding any statutory provision to the contrary,  1433
including, but not limited to, section 2329.66 of the Revised  1434
Code, there shall be no stay of execution or exemption from levy  1435
or sale on execution available to the titled owner of the  1436
abandoned manufactured home, or mobile home, or recreational  1437
vehicle in relation to a sale under this division. Except as  1438
otherwise provided in sections 2113.031, 2117.25, and 5162.21 of  1439
the Revised Code in a case involving a deceased resident titled  1440
owner or resident's titled owner's estate, the sheriff, police  1441
officer, constable, or bailiff shall distribute the proceeds  1442
H. B. No. 569  Page 50
As Introduced
from the sale of an abandoned manufactured home, or mobile home,  1443
or recreational vehicle and any personal property under this  1444
division in the following manner prescribed in division (G) of  1445
this section.  1446
       (C) Upon the agreement of the county auditor and the park  1447
operator that the value of the abandoned home is greater than  1448
ten thousand dollars, the park operator shall file with the  1449
clerk of court a praecipe for the sale of the manufactured home  1450
or mobile home setting forth the description and location of the  1451
home. The clerk of court shall deliver the praecipe to the  1452
bailiff, sheriff, or officer conducting the sale to determine  1453
the date for the sale. In addition to all notices required to be  1454
given under section 2329.13 of the Revised Code, the sheriff,  1455
police officer, constable, or bailiff shall serve at the last  1456
known address of the titled owner a written notice of the date,  1457
time, and place of the sale and upon all persons who are listed  1458
on the writ of execution as having any outstanding right, title,  1459
or interest in the abandoned manufactured home or mobile home  1460
and the personal property and shall provide written notice to  1461
the auditor and the treasurer of the county in which the court  1462
issuing the writ is located.  1463
       (D) All bidders who intend to reside in the park after the  1464
sale shall apply for residency with the park and be approved for  1465
residency at least seven days prior to the date of the sale. Any  1466
successful bidder intending to remove the manufactured home or  1467
mobile home after the sale shall remove the home within ten days  1468
after the sale and is liable to the park operator for any damage  1469
to the lot as a result of the removal of the home.  1470
       (E) The successful bidder shall register title with the  1471
clerk of courts, title division, not later than ten days after  1472
H. B. No. 569  Page 51
As Introduced
the receipt of the court order to transfer title to the  1473
successful bidder.  1474
       (F) After the sale of the manufactured home or mobile  1475
home, the park operator shall file with the clerk of courts a  1476
motion confirming the sale of the home, setting forth the date  1477
of the sale, the amount of the sale, the purchaser of the home,  1478
and the distribution of proceeds in accordance with division (G)  1479
of this section. If there is no purchaser after the sale has  1480
been conducted, the park operator shall file for a court order  1481
in conformance with division (B)(2) of section 1923.13 of the  1482
Revised Code.  1483
       (G)(1) The court, upon motion to confirm the sale and the  1484
issuance of an order confirming the sale, shall order the  1485
proceeds be distributed as follows:  1486
       (a) The sheriff, police officer, constable, or bailiff  1487
shall first pay the costs for any moving of and any storage  1488
outside the manufactured home park of the home or vehicle and  1489
any personal property pursuant to division (B)(2) of this  1490
section, the costs of the sale, any advertising expenses paid by  1491
the park operator for the sale of the manufactured home, or  1492
mobile home, or recreational vehicle under division (B)(3) of  1493
this section, and any unpaid court costs assessed against the  1494
defendant in the underlying action.  1495
       (b) Following the payment required by division (B)(3)(a)  1496
(G)(1)(a) of this section, the sheriff, police officer,  1497
constable, or bailiff shall pay all outstanding tax liens on the  1498
home or vehicle.  1499
       (c) Following the payment required by division (B)(3)(b)  1500
(G)(1)(b) of this section, the sheriff, police officer,  1501
H. B. No. 569  Page 52
As Introduced
constable, or bailiff shall pay all other outstanding security  1502
interests, liens, or encumbrances on the home or vehicle by  1503
priority of filing or other priority.  1504
       (d) Following the payment required by division (B)(3)(c)  1505
(G)(1)(c) of this section, the sheriff, police officer,  1506
constable, or bailiff shall pay any outstanding monetary  1507
judgment rendered under section 1923.09 or 1923.11 of the  1508
Revised Code in favor of the plaintiff and any costs associated  1509
with retaining the home or vehicle prior to the sale at its  1510
location on the residential premises within the manufactured  1511
home park pursuant to division (B)(2) of this section.  1512
       (e) After complying with divisions (B)(3)(a) (G)(1)(a) to  1513
(d) of this section, the sheriff, police officer, constable, or  1514
bailiff shall report any remaining money as unclaimed funds  1515
pursuant to Chapter 169. of the Revised Code.  1516
       Upon the return of any writ of execution for the  1517
satisfaction of which an abandoned manufactured home, mobile  1518
home, or recreational vehicle has been sold under this division,  1519
on careful examination of the proceedings of the sheriff, police  1520
officer, constable, or bailiff conducting the sale, if the court  1521
that issued the writ finds that the sale was made, in all  1522
respects, in conformity with this division, the court shall  1523
direct the clerk of the court to make an entry on the journal  1524
that the court is satisfied with the legality of the sale and  1525
order the clerk of the court of common pleas title division to  1526
issue a certificate of title, free and clear of all security  1527
interests, liens, and encumbrances, to the purchaser of the home  1528
or vehicle. If the manufactured home, mobile home, or  1529
recreational vehicle sold under this division is located in a  1530
manufactured home park, the purchaser of the home or vehicle  1531
H. B. No. 569  Page 53
As Introduced
shall have no right to maintain the home or vehicle in the  1532
manufactured home park without the park operator's consent and  1533
the sheriff, police officer, constable, or bailiff conducting  1534
the sale shall notify all prospective purchasers of this fact  1535
prior to the commencement of the sale.  1536
       If, after it is offered for sale on two occasions under  1537
this division, the abandoned manufactured home, mobile home, or  1538
recreational vehicle cannot be sold due to a want of bidders,  1539
the sheriff, police officer, constable, or bailiff shall present  1540
the writ of execution unsatisfied to the clerk of the court of  1541
common pleas title division, of the county in which the writ was  1542
issued for the issuance by the clerk in the manner prescribed in  1543
section 4505.10 of the Revised Code of a certificate of title  1544
transferring the title of the home or vehicle to the plaintiff,  1545
free and clear of all security interests, liens, and  1546
encumbrances. If any taxes are owed on the home or vehicle at  1547
this time, the county auditor shall remove the delinquent taxes  1548
from the manufactured home tax list and the delinquent  1549
manufactured home tax list and remit any penalties for late  1550
payment of manufactured home taxes. Acceptance of the  1551
certificate of title by the plaintiff terminates all further  1552
proceedings under this section. In accordance with division (E)  1553
(3) of section 4503.061 of the Revised Code, the plaintiff shall  1554
notify the county auditor of the transfer of title. Pursuant to  1555
section 4503.061 of the Revised Code, if the manufactured home,  1556
mobile home, or recreational vehicle is destroyed or removed,  1557
the plaintiff shall provide the county auditor with notice of  1558
removal or destruction of the manufactured home, mobile home, or  1559
recreational vehicle.  1560
       (4) Except as provided in division (B)(5) or (6) of this  1561
section and division (D) of section 1923.12 of the Revised Code,  1562
H. B. No. 569  Page 54
As Introduced
within thirty days after receiving a writ of execution described  1563
in division (B) of section 1923.13 of the Revised Code, if the  1564
manufactured home, mobile home, or recreational vehicle is  1565
determined to be abandoned and to have a value of three thousand  1566
dollars or less, the sheriff, police officer, constable, or  1567
bailiff shall present the writ of execution to the clerk of the  1568
court of common pleas title division, of the county in which the  1569
writ was issued for the issuance by the clerk in the manner  1570
prescribed in section 4505.10 of the Revised Code of a  1571
certificate of title transferring the title of the home or  1572
vehicle to the plaintiff, free and clear of all security  1573
interests, liens, and encumbrances. If any taxes are owed on the  1574
home or vehicle at this time, the county auditor shall remove  1575
the delinquent taxes from the manufactured home tax list and the  1576
delinquent manufactured home tax list and remit any penalties  1577
for late payment of manufactured home taxes. Acceptance of the  1578
certificate of title by the plaintiff terminates all further  1579
proceedings under this section. In accordance with division (E)  1580
(3) of section 4503.061 of the Revised Code, the plaintiff shall  1581
notify the county auditor of the transfer of title. Pursuant to  1582
section 4503.0611 of the Revised Code, if the manufactured home,  1583
mobile home, or recreational vehicle is destroyed or removed,  1584
the plaintiff shall provide the county auditor with notice of  1585
removal or destruction of the manufactured home, mobile home, or  1586
recreational vehicle.  1587
       (5) (2) At any time prior to the issuance of the writ of  1588
execution court order described in division (B) of section  1589
1923.13 of the Revised Code, the titled owner of the  1590
manufactured home, or mobile home, or recreational vehicle that  1591
would be the subject of the writ order may remove the abandoned  1592
home or vehicle from the manufactured home park upon payment to  1593
H. B. No. 569  Page 55
As Introduced
the county auditor of all outstanding tax liens on the home or  1594
vehicle and, unless the titled owner is indigent, payment to the  1595
clerk of court of all unpaid court costs assessed against the  1596
defendant in the underlying action. After the issuance of the  1597
writ of executioncourt order, the titled owner of the home or  1598
vehicle may remove the abandoned home or vehicle from the  1599
manufactured home park at any time up to the day before the  1600
scheduled sale, destruction, or transfer of the home or vehicle  1601
pursuant to division (B)(3) or (4) of this section upon payment  1602
of all of the following:  1603
        (a) All costs incurred by the sheriff, police officer,  1604
constable, or bailiff;  1605
        (b) All outstanding tax liens on the home or vehicle;  1606
        (c) Unless the titled owner is indigent, all unpaid court  1607
costs assessed against the defendant in the underlying action.  1608
        (6) (3) At any time after the issuance of the writ of  1609
execution court order described in division (B) of section  1610
1923.13 of the Revised Code, the holder of any outstanding lien,  1611
right, title, or interest in the manufactured home, or mobile  1612
home, or recreational vehicle, other than the titled owner of  1613
the home or vehicle, may stop the sheriff, police officer,  1614
constable, or bailiff from proceeding with the sale under this  1615
division by doing both of the following:  1616
        (a) Commencing a proceeding to repossess the home or  1617
vehicle pursuant to Chapters 1309. and 1317. of the Revised  1618
Code;  1619
        (b) Paying to the park operator all monthly rental  1620
payments for the lot on which the home or vehicle is located  1621
from the time of the issuance of the writ of execution court  1622
H. B. No. 569  Page 56
As Introduced
order until the time that the home or vehicle is sold pursuant  1623
to Chapters 1309. and 1317. of the Revised Code.  1624
       (7)(a) (4)(a) At any time prior to the day before the  1625
scheduled sale of the property pursuant to division (B)(3) of  1626
this section, the defendant may remove any personal property of  1627
the defendant from the abandoned home or vehicle or other place  1628
of storage.  1629
       (b) If personal property owned by a person other than the  1630
defendant is abandoned on the residential premises and has not  1631
previously been removed, the owner of the personal property may  1632
remove the personal property from the abandoned home or vehicle  1633
or other place of storage up to the day before the scheduled  1634
sale of the property pursuant to division (B)(3) of this section  1635
upon presentation of proof of ownership of the property that is  1636
satisfactory to the sheriff, police officer, constable, or  1637
bailiff conducting the sale.  1638
       (5) If the manufactured or mobile home is not sold at the  1639
scheduled sale, the clerk of the court of common pleas shall  1640
issue a certificate of title to the plaintiff. The certificate  1641
of title shall contain a notation that it is issued, free and  1642
clear of all liens and encumbrances, including any liens for  1643
delinquent or current manufactured home taxes, whether or not  1644
such taxes are yet due and payable. The county auditor shall  1645
also remove all such taxes from the manufactured home tax list  1646
and the delinquent manufactured home tax list and shall remit  1647
any tax penalties and interest charged against the property. The  1648
transfer of title to the home is exempt from conveyance fees  1649
imposed under sections 319.54 and 322.06 of the Revised Code.  1650
Acceptance of the certificate of title by the plaintiff  1651
terminates all further proceedings under this section. The  1652
H. B. No. 569  Page 57
As Introduced
plaintiff shall notify the county auditor of the transfer of  1653
title in accordance with division (E)(3) of section 4503.061 of  1654
the Revised Code, and the county auditor shall notify the county  1655
treasurer of the transfer of title. The plaintiff shall submit  1656
proof of registration with the auditor to the clerk of courts to  1657
effectuate the transfer of title. If the manufactured home or  1658
mobile home is destroyed or removed, the plaintiff shall provide  1659
the county auditor with notice of removal or destruction of the  1660
manufactured home or mobile home.  1661
       (H) After the issuance of the order of sale by the court,  1662
the titled owner of the home may remove the abandoned home from  1663
the manufactured home park at any time up to the day before the  1664
scheduled sale, destruction, or transfer of the home pursuant to  1665
this section.  1666
       Sec. 4503.0611. Whenever it is made to appear to the  1667
county auditor, based on inspection by the county auditor or  1668
based on notice provided to the county auditor, on a form  1669
prescribed by the department of taxation, by an owner of the  1670
manufactured home or two disinterested persons who are residents  1671
of the township or municipal corporation in which the  1672
manufactured home is or was situated, that the home is subject  1673
to taxation for the current year under section 4503.06 of the  1674
Revised Code and has been destroyed or injured after the first  1675
day of January of the current year, the county auditor shall  1676
investigate the matter, and shall refund or waive the payment of  1677
the current year's taxes on such home as prescribed by divisions  1678
(A) and (B) of this section. If a form has not been filed with  1679
the county auditor by either an owner or two disinterested  1680
persons but it appears to the county auditor, based on an  1681
inspection and investigation, that the owner's manufactured home  1682
is subject to taxation for the current year under section  1683
H. B. No. 569  Page 58
As Introduced
4503.06 of the Revised Code and has been destroyed or injured  1684
after the first day of January of the current year, the auditor  1685
may complete the form on behalf of an owner.  1686
       To obtain a deduction under this section, an owner or two  1687
disinterested persons shall file the form with the county  1688
auditor, or the county auditor shall complete the form on behalf  1689
of an owner, not later than the thirty-first day of January of  1690
the year after the year in which the manufactured home was  1691
injured or destroyed.  1692
       (A) If the auditor determines the injury or destruction  1693
occurred during the first half of the calendar year, the auditor  1694
shall deduct from the taxes payable on the manufactured home for  1695
the current year an amount that, in the county auditor's  1696
judgment, bears the same ratio to those taxes as the extent of  1697
the injury or destruction bears to the cost or market value of  1698
the manufactured home. The auditor shall draw a warrant on the  1699
county treasurer to refund that amount. If the taxes have not  1700
been paid at the time of the auditor's determination, the  1701
auditor may waive the payment of the portion of the tax that  1702
would otherwise be refunded under this division.  1703
       (B) If the auditor determines the injury or destruction  1704
occurred during the second half of the calendar year, the  1705
auditor shall deduct from the taxes payable on the manufactured  1706
home for the current year one-half of the amount that, in the  1707
county auditor's judgment, bears the same ratio to those taxes  1708
as the extent of the injury or destruction bears to the cost or  1709
market value of the manufactured home. The auditor shall draw a  1710
warrant on the county treasurer to refund that amount. If the  1711
taxes have not been paid at the time of the auditor's  1712
determination, the auditor may waive the payment of the portion  1713
H. B. No. 569  Page 59
As Introduced
of the tax that would otherwise be refunded under this division.  1714
       (C) Taxes refunded under this section shall be paid from  1715
the county undivided general property tax fund.  1716
       (D) Notwithstanding divisions (A) and (B) of this section,  1717
if the county auditor determines the destruction of a  1718
manufactured home or mobile home occurred within one calendar  1719
year after the title of the home being transferred to a park  1720
operator pursuant to sections 1923.12, 1923.13, and 1923.14 of  1721
the Revised Code and the current owner providing the oath to the  1722
auditor is the same park operator, then the auditor shall waive  1723
all unpaid manufactured home taxes charged against the home,  1724
including taxes for which a lien has attached, but that are not  1725
yet due and payable.  1726
       (E) Upon the destruction of a manufactured home or mobile  1727
home, the owner of the home shall dispose of the certificate of  1728
title to the home in the same manner as described in section  1729
4505.11 of the Revised Code.  1730
       Section 2. That existing sections 319.54, 1923.01,  1731
1923.02, 1923.04, 1923.06, 1923.09, 1923.11, 1923.12, 1923.13,  1732
1923.14, and 4503.0611 of the Revised Code are hereby repealed.  1733
       Section 3. Section 319.54 of the Revised Code is presented  1734
in this act as a composite of the section as amended by both  1735
H.B. 265 and H.B. 496 of the 135th General Assembly. The General  1736
Assembly, applying the principle stated in division (B) of  1737
section 1.52 of the Revised Code that amendments are to be  1738
harmonized if reasonably capable of simultaneous operation,  1739
finds that the composite is the resulting version of the section  1740
in effect prior to the effective date of the section as  1741
presented in this act.  1742