1525-1-06 Criteria to determine the occurrence of a change in the use of property.

The water and sewer rotary commission and any public entity receiving an advance of monies from the water and sewer rotary fund to meet that portion of the costs of a water or sewer improvement authorized by law that is to be financed by assessments whose collection is exempt pursuant to division (A) of section 929.03 of the Revised Code shall use the criteria found in division (C) of section 929.03 of the Revised Code to determine the occurrence of a change in the use of property. If at any time any of the owner's exempt land, other than a lot sold or transferred to a son, daughter, brother, sister, mother, or father for the purpose of constructing a dwelling in which the relative will reside for at least three years, is withdrawn from an agricultural district or if the owner of the exempt land uses on that land the service for which the special assessment was assessed, the public entity may collect the entire uncollected assessment, except as otherwise provided in this division, in addition to an amount equal to the rate of interest that any bonds or notes issued for the project for which the assessment was made did bear for the number of years the land was exempted, not to exceed twenty-five or the number of years for which the bonds or notes were issued, whichever is the lesser number. If the owner of exempt land sells or transfers a lot to his son, daughter, brother, sister, mother, or father for the purpose of constructing a dwelling in which the relative will reside for at least three years, and if he or the buyer of the lot uses the service for which the special assessment was assessed only to provide service to that lot, the owner of the lot shall pay only that portion of the uncollected assessment and interest that applies to the lot. If at any time any part of an owner's exempt land is appropriated, the owner shall pay only that portion of the uncollected assessment and interest that applies to the appropriated parcel of land.

Eff 9-30-83
Rule promulgated under: RC 119.03
Rule amplifies: RC 929.03, 1525.12