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Ohio Laws and Rules
In determining the disposition of requests for deferment of collection of assessment pursuant to division (B) of section 6103.052 of the Revised Code and division (B) of section 6117.062 of the Revised Code a board of county commissioners shall:
(A) Determine that the requirements under division (B) of section 6103.052 or division (B) of section 6117.062 of the Revised Code and as listed under section I of the application form have been met.
(B) Determine that all information as specified under division (B) of section 6103.052 or division (B) of section 6117.062 of the Revised Code has been included with the property owners request as follows:
(1) Identification of the property in connection with which the request is made.
(2) Description of the present use of the property.
(3) Present classification of the property on the general tax list of the county auditor.
(4) Estimated market value, showing separately the value of the land and the value of the buildings thereon.
(5) Reasons, if any, why a portion of the benefit of the improvement will not be realized until the use of the land is changed.
(6) Amount to be deferred.
(Suggested application form for use of property owners is attached as enclosure 1.)
(C)Determine that the water or sewer lines for which the property has been assessed serves the establishment of a new or the expansion of existing industry or commercial activity.
(D) Give consideration to the following:
(1) The value and extent of economic development to be assisted by the improvement (this information is requested under Section III of the application).
(2) The relative difficulty of financing the improvement entirely by means other than advance moneys. The Board shall attach a letter of explanation to the application form (Section V, application).
(3) The portion of the total cost of the improvement to be financed by advance moneys (division B, section V of application).
(4) The time in which the advanced moneys could be expected to be repaid and made available for use in other improvements (paragraph 1, division C, section V of application).
(E) Within 30 days of the receipt of a request from a property owner the board of county commissioners shall:
(1) Notify the property owner in writing that the request for deferment has been denied, stating the reasons for such action; or
(2) Notify the property owner in writing that the deferment of the collection of that portion of the assessment representing a benefit from the improvement that will not be realized until the use of the land is changed has been ordered, stating the amount of such deferment and the maximum length of time within which the deferment must be repaid; or
(3) Notify the property owner in writing that the deferment ordered in paragraph 2 above is conditioned upon the approval of the advance of moneys applied for pursuant to division (A) of section 6103.052 or division (B) of section 6117.062 of the Revised Code. The board may fix the maximum length of the deferment to coincide within the maximum time within which the advance must be repaid.
(F) Make application to the Water and Sewer Rotary Commission in the form and manner prescribed by the Commission in its regulations promulgated under paragraph (1), division (D), section 1525.12 of the Revised Code. If a board of county commissioners is requesting advance moneys from the Water and Sewer Rotary Commission for more than one project the projects shall be assigned priority by the board of county commissioners; or
A board of county commissioners may on its own motion in behalf of the owners of property which meet the requirements for a deferred assessment under division (B) of section 6103.052 or division (B) of section 6117.062 of the Revised Code, make application to the Ohio Water and Sewer Rotary Commission.
(former WS-1-03); Eff
1-5-68
Rule promulgated under: RC Chapter 119.
Rule
authorized by: RC 1525.12