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Fellow Ohio Car Enthusiasts Please Read, Your rights are in Violation
Wednesday, May 09, 2007 4:55 AM
Fellow Ohio Car Enthusiasts Please Read, at least the first three paragraphs.

New Bill to Restrict Inoperable Project Vehicles Introduced in Ohio

H.B. 50, the 2007 version of the Ohio bill to allow townships to confiscate inoperable vehicles (including collector cars) deemed to be “junk” from private property has been referred to the House Local and Municipal Government and Urban Revitalization Committee.

Contact All Members of the Local and Municipal Government and Urban Revitalization Committee (List Below) Immediately To Oppose H.B. 50

The SEMA Action Network supports legislation that permits the outdoor storage of a motor vehicle if the vehicle is maintained in such a manner as not to constitute a health hazard. These vehicles could be located away from public view, or screened by means of a suitable fence, trees, shrubbery, opaque covering or other appropriate means. We have been working with the Ohio legislature in recent months to modify the bill’s language to provide that project cars will be guaranteed protection when properly maintained on private property. To date, those discussions, have yielded no firm agreement. The bill’s sponsor, Rep. Clyde Evans, is indicating that our concerns




As Reported by the House Local and Municipal Government and Urban Revitalization Committee
127th General Assembly
Regular Session
2007-2008
H. B. No. 50


Representative Evans

Cosponsors: Representatives McGregor, J., Stebelton, Flowers, Setzer, Combs, Seitz, Bacon, Hite, Okey, Webster, Collier, Bubp, Chandler


A BILL

To amend sections 505.85 and 505.87 and to enact section 505.871 of the Revised Code to allow townships to remove junk motor vehicles from public and private property and to borrow money to pay for that removal of junk motor vehicles and for other debris from private property.


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 505.85 and 505.87 be amended and section 505.871 of the Revised Code be enacted to read as follows:

Sec. 505.85. A board of township trustees may contract with a motor vehicle salvage dealer, as defined in section 4738.01 of the Revised Code, or a scrap metal processing facility, as defined in section 4737.05 of the Revised Code, for the removal or disposal of motor vehicles pursuant to section 505.173 or 505.871 or sections 4513.60 to 4513.64 of the Revised Code, and a board may contract with a storage facility or other similar facility for the storage or impoundment of motor vehicles pursuant to section 505.173 or sections 4513.60 to 4513.64 of the Revised Code.

Sec. 505.87. (A) A board of township trustees may provide for the abatement, control, or removal of vegetation, garbage, refuse, and other debris from land in the township, if the board determines that the owner's maintenance of such that vegetation, garbage, refuse, and or other debris constitutes a nuisance.

(B) At least seven days before providing for the abatement, control, or removal of any vegetation, garbage, refuse, or debris, the board of township trustees shall notify the owner of the land and any holders of liens of record upon the land that:

(1) The owner is ordered to abate, control, or remove the vegetation, garbage, refuse, or other debris, the owner's maintenance of which has been determined by the board to be a nuisance;

(2) If such that vegetation, garbage, refuse, or other debris is not abated, controlled, or removed, or if provision for its abatement, control, or removal is not made, within seven days, the board shall provide for the abatement, control, or removal, and any expenses incurred by the board in performing that task shall be entered upon the tax duplicate and become a lien upon the land from the date of entry.

The board shall send the notice to the owner of the land by certified mail if the owner is a resident of the township or is a nonresident whose address is known, and by certified mail to lienholders of record; alternatively, if the owner is a resident of the township or is a nonresident whose address is known, the board may give notice to the owner by causing any of its agents or employees to post the notice on the principal structure on the land and to photograph that posted notice with a camera capable of recording the date of the photograph on it. If the owner's address is unknown and cannot reasonably be obtained, it is sufficient to publish the notice once in a newspaper of general circulation in the township. The owner of the land or holders of liens of record upon the land may enter into an agreement with the board of township trustees providing for either party to the agreement to perform the abatement, control, or removal before the time the board is required to provide for the abatement, control, or removal under division (C) of this section.

(C) If, within seven days after notice is given, the owner of the land fails to abate, control, or remove the vegetation, garbage, refuse, or other debris, or no agreement for its abatement, control, or removal is entered into under division (B) of this section, the board of township trustees shall provide for the abatement, control, or removal and may employ the necessary labor, materials, and equipment to perform the task. All expenses incurred shall, when approved by the board, shall be paid out of the township general fund from moneys not otherwise appropriated, except that if the expenses incurred exceed five hundred dollars, the board may borrow moneys from a financial institution to pay for the expenses in whole or in part.

(D) The board of township trustees shall make a written report to the county auditor of the board's action under this section. The board shall include in the report a proper description of the premises and a statement of all expenses incurred in providing for the abatement, control, or removal of any vegetation, garbage, refuse, or other debris, as provided in division (C) of this section, including the board's charges for its services, notification the costs incurred in providing notice, any fees or interest paid to borrow moneys, and the amount paid for the labor, materials, and equipment, and a proper description of the premises. The expenses incurred, when allowed, shall be entered upon the tax duplicate, are a lien upon the land from the date of the entry, and shall be collected as other taxes, and shall be returned to the township and placed in the township general fund.

Sec. 505.871. (A) A board of township trustees may provide, by resolution, for the removal of any vehicle in the unincorporated territory of the township that the board determines is a junk motor vehicle, as defined in section 505.173 of the Revised Code.

(B) If a junk motor vehicle is located on public property, the board of township trustees may provide in the resolution for the immediate removal of the vehicle.

(C)(1) If a junk motor vehicle is located on private property, the board of township trustees may provide in the resolution for the removal of the vehicle not sooner than fourteen days after the board serves written notice of its intention to remove or cause the removal of the vehicle on the owner of the land and any holders of liens of record on the land.

(2) The notice provided under this division shall generally describe the vehicle to be removed and indicate all of the following:

(a) The board has determined that the vehicle is a junk motor vehicle.

(b) If the owner of the land fails to remove the vehicle within fourteen days after service of the notice, the board may remove or cause the removal of the vehicle.

(c) Any expenses the board incurs in removing or causing the removal of the vehicle may be entered upon the tax duplicate and become a lien upon the land from the date of entry.

(3) The board shall serve the notice under this division by sending it by certified mail, return receipt requested, to the owner of the land, if the owner resides in the unincorporated territory of the township or if the owner resides outside the unincorporated territory of the township and the owner's address is known or ascertainable through an exercise of reasonable diligence. The board also shall send notice in such manner to any holders of liens of record on the land. If a notice sent by certified mail is refused or unclaimed, or if an owner's address is unknown and cannot reasonably be ascertained by an exercise of reasonable diligence, the board shall publish the notice once in a newspaper of general circulation in the township before the removal of the vehicle, and, if the land contains any structures, the board also shall post the notice on the principal structure on the land.

A notice sent by certified mail shall be deemed to be served for purposes of this section on the date it was received as indicated by the date on a signed return receipt. A notice given by publication shall be deemed to be served for purposes of this section on the date of the newspaper publication.

(D) The board of township trustees may cause the removal or may employ the labor, materials, and equipment necessary to remove a junk motor vehicle under this section. All expenses incurred in removing or causing the removal of a junk motor vehicle, when approved by the board, shall be paid out of the township general fund from moneys not otherwise appropriated, except that if the expenses exceed five hundred dollars, the board may borrow moneys from a financial institution to pay the expenses in whole or in part.

(E) The board of township trustees may utilize any lawful means to collect the expenses incurred in removing or causing the removal of a junk motor vehicle under this section, including any fees or interest paid to borrow moneys under division (D) of this section. The board may direct the township fiscal officer to certify the expenses and a description of the land to the county auditor, who shall place the expenses upon the tax duplicate as a lien upon the land to be collected as other taxes and returned to the township general fund.

(F) Notwithstanding section 4513.65 of the Revised Code, but subject to division (G)(2) of this section, any collector's vehicle that meets the definition of a junk motor vehicle is subject to removal under this section.

(G)(1) Nothing in this section affects the authority of a board of township trustees to adopt and enforce resolutions under section 505.173 of the Revised Code to regulate the storage of junk motor vehicles on private or public property in the unincorporated territory of the township.

(2) A resolution adopted under this section is subject to the same restrictions specified in division (A) of section 505.173 of the Revised Code for resolutions adopted under that section.

Section 2. That existing sections 505.85 and 505.87 of the Revised Code are hereby repealed.



Who to contact
House Local and Municipal Government and Urban Revitalization Committee

Representative Larry Wolpert, Chair
Telephone: (614) 466-9690
Fax : (614) 719-6962
Email Address: district23@ohr.state.oh.us

Representative Courtney Eric Combs, Vice-chair
Telephone: (614) 644-6721
Fax : (614) 719-6954
Email Address: district54@ohr.state.oh.us

Representative Jim Aslanides
Telephone: (614) 644-6014
Fax : (614) 719-6994
Email Address: district94@ohr.state.oh.us

Representative Tom Brinkman
Telephone: (614) 644-6886
Fax : (614) 719-3588
Email Address: district34@ohr.state.oh.us

Representative Danny Bubp
Telephone: (614) 644-6034
Fax : (614) 719-6988
Email Address: district88@ohr.state.oh.us

Representative Bruce Goodwin
Telephone: (614) 644-5091
Fax : (614) 719-3974
Email Address: district74@ohr.state.oh.us

Representative Jim McGregor
Telephone: (614) 644-6002
Fax : (614) 719-6959
Email Address: district20@ohr.state.oh.us

Representative Arlene Setzer
Telephone: (614) 644-8051
Fax : (614) 719-3590
Email Address: district36@ohr.state.oh.us

Representative Joseph Uecker
Telephone: (614) 466-8134
Fax : (614) 719-3966
Email Address: district66@ohr.state.oh.us

Representative Jeff Wagner
Telephone: (614) 466-1374
Fax : (614) 719-6981
Email Address: district81@ohr.state.oh.us

Representative Kathleen Chandler
Telephone: (614) 466-2004
Fax : (614) 719-3968
Email Address: district68@ohr.state.oh.us

Representative Linda Bolon
Telephone: (614) 466-8022
Fax : (614) 719-6971
Email Address: district01@ohr.state.oh.us

Representative Jennifer Brady
Telephone: (614) 466-0961
Fax : (614) 719-3998
Email Address: district16@ohr.state.oh.us

Representative Ted Celeste
Telephone: (614) 644-6005
Fax : (614) 719-6963
Email Address: district24@ohr.state.oh.us

Representative Lorraine Fende
Telephone: (614) 466-7251
Fax : (614) 719-3962
Email Address: district62@ohr.state.oh.us

Representative William Healy
Telephone: (614) 466-8030
Fax : (614) 719-6952
Email Address: district52@ohr.state.oh.us

Representative Dale Mallory
Telephone: (614) 466-1645
Fax : (614) 719-3586
Email Address: district32@ohr.state.oh.us

Representative Eugene Miller
Telephone: (614) 466-7954
Fax : (614) 719-0010
Email Address: district10@ohr.state.oh.us

Representative Kenny Yuko
Telephone: (614) 466-8012
Fax : (614) 719-0007
Email Address: district07@ohr.state.oh.us


PRND321 Till I DIE
Old Motor: 160whp & 152ft/lbs, 1/4 Mile 15.4 @88.2
M45 + LD9 + 4T40-E, GO GO GO

Re: Fellow Ohio Car Enthusiasts Please Read, Your rights are in Violation
Wednesday, May 09, 2007 5:08 AM
I believe Michigan already has something like that,I think it's called a "blight" law or notice.



15.2@89mph 2.171 60ft. 9.830 1/8 R.I.P. "LULU"
Re: Fellow Ohio Car Enthusiasts Please Read, Your rights are in Violation
Wednesday, May 09, 2007 5:15 AM
yes indeed this be bu11$hi+.


<~~~~PWN3D!!
Re: Fellow Ohio Car Enthusiasts Please Read, Your rights are in Violation
Wednesday, May 09, 2007 5:16 AM
Wow, thank goodness for garages... But I feel bad for some people because I see project cars outside all the time around here that people are working out outside.. That sucks, hell what if they can't help it? Stupid bills











~2014 New Z under the knife, same heart different body~
______________________
WHITECAVY no more
2012 numbers - 4SPD AUTOMATIC!!
328 HP
306 TQ
Re: Fellow Ohio Car Enthusiasts Please Read, Your rights are in Violation
Wednesday, May 09, 2007 5:24 AM
Don't feel bad.......call! Someone else's fight today could be your fight tomorrow! Take 10min. and call guys! We can change it!



Quote: no ofence man but if you have so much experience in all that why does your car look like crap?

Re: Fellow Ohio Car Enthusiasts Please Read, Your rights are in Violation
Wednesday, May 09, 2007 7:33 AM
Already here...where the shop is, there is a township ordinance that says no unlicensed vehicles may be in view on the property. But I'll call anyway to help prevent the spread of the disease.





Re: Fellow Ohio Car Enthusiasts Please Read, Your rights are in Violation
Wednesday, May 09, 2007 8:07 AM
According what I have been reading a car with "Valid" plates still falls under this bill.



PRND321 Till I DIE
Old Motor: 160whp & 152ft/lbs, 1/4 Mile 15.4 @88.2
M45 + LD9 + 4T40-E, GO GO GO
Re: Fellow Ohio Car Enthusiasts Please Read, Your rights are in Violation
Wednesday, May 09, 2007 8:11 AM
It's already like that where I live. You can't have inoperable vehicles parked outside...




Re: Fellow Ohio Car Enthusiasts Please Read, Your rights are in Violation
Wednesday, May 09, 2007 8:18 AM
"The board has determined that the vehicle is a junk motor vehicle."
Yes, but the board can say anything is junk though, there is no criteria to follow. Just the boards opinion.




PRND321 Till I DIE
Old Motor: 160whp & 152ft/lbs, 1/4 Mile 15.4 @88.2
M45 + LD9 + 4T40-E, GO GO GO
Re: Fellow Ohio Car Enthusiasts Please Read, Your rights are in Violation
Wednesday, May 09, 2007 8:23 AM
Blight is one thing but when you have a neighbor taht calls on you because they don't like you is another. We have it in green twp. here where I live but it is stupid. All my friends have gotten warnings for cars under car covers with out plates and cars in their side drive being worked on to fix. I agree that we need to have clean neighborhoods w/o junk around but this is to far.



Quote: no ofence man but if you have so much experience in all that why does your car look like crap?

Re: Fellow Ohio Car Enthusiasts Please Read, Your rights are in Violation
Wednesday, May 09, 2007 9:09 AM
Thats why when my wife and I buy our first house this year I'm putting up a huge privacy fence. My dad got new neighbors that are up in everybody's business. They @!#$ called the city on him for having a bunch of tree branches & 'vegetation' in his backyard. Jackasses didn't even bother to wait to see if he was going to haul it up to the local wood recycling place the next weekend like he was going to do. I helped him trim some of the trees that were overgrowing above his house and driveway two weekends prior to the city giving him 3 days to clean his yard up. That apparently wasn't enough meddling for them, they turned their next door neighbors in as well for the same @!#$ basically although there pile was intentionally there to recycle yard waste such as grass clippings and leaves for use next year in their flower gardens.









Re: Fellow Ohio Car Enthusiasts Please Read, Your rights are in Violation
Wednesday, May 09, 2007 9:28 AM
yeah i live in englewood ...parked my cutlass out of the garage for a few days to do some work on it and i had a notice from the police saying the vehicle can be towed cause ..it had missing parts ..only thing it was missing was some of the chrome trim..



Re: Fellow Ohio Car Enthusiasts Please Read, Your rights are in Violation
Wednesday, May 09, 2007 10:41 AM
they were going to tow and crush my dad's all original 1967 VW Beetle, because he parked it out in front of his garage for a week. He was driving it to work at the time and had his truck in the garage because he had some stuff in the bed. He was also rebuilding the shop and had no other place to park the Bug. They told him to "put the junk car in the garage". To which he told him that if they broght a tow truck on to his property, he would sue the crap out of each of them for towing his antique vehicle.




Re: Fellow Ohio Car Enthusiasts Please Read, Your rights are in Violation
Wednesday, May 09, 2007 5:20 PM
this is so f uc k ing rediculus guys..this government gets more effed up by the day, they wanna do petty @!#$ like this and do nothing about crime and other important @!#$..no they sweat the stupid crap


Built&Boosted moar
04 Cavalier Turbo r.i.p my baby
2nd place 2009 GM tuner bash qwick 8--holla

Re: Fellow Ohio Car Enthusiasts Please Read, Your rights are in Violation
Wednesday, May 09, 2007 9:58 PM
yeah i know some townships in michigan can be dicks about this kind of thing....

but i dont know about laws in the cities.... i live out in the sticks and things work different out here




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