Ohio Revised Code Search

...Severability [UCC 1-105] If any provision or clause of Chapter 1301., 1302., 1303., 1304., 1305., 1307., 1308., 1309., or 1310. of the Revised Code or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of Chapter 1301., 1302., 1303., 1304., 1305., 1307., 1308., 1309., or 1310. of the Revised Code which can be given effect without the ...

...se of singular and plural; gender [UCC 1-106] In Chapters 1301., 1302., 1303., 1304., 1305., 1307., 1308., 1309., and 1310. of the Revised Code, unless the statutory context otherwise requires: (A) Words in the singular number include the plural, and those in the plural include the singular; and (B) Words of any gender also refer to any other gender.

...Section captions [UCC 1-107] Section captions are part of Chapters 1301. and 1307. of the Revised Code.

... Global and National Commerce Act [UCC 1-108] This chapter modifies, limits, and supersedes the federal "Electronic Signatures in Global and National Commerce Act," 15 U.S.C. section 7001 et seq., except that nothing in this chapter modifies, limits, or supersedes section 7001(c) of that act or authorizes electronic delivery of any of the notices described in section 7003(b) of that act.

...Value [UCC 1-204] Except as otherwise provided in Chapters 1303., 1304., and 1305. of the Revised Code, a person gives value for rights if the person acquires them: (A) In return for a binding commitment to extend credit or for the extension of immediately available credit, whether or not drawn upon and whether or not a charge-back is provided for in the event of difficulties in collection; (B) As security f...

...Reasonable time; Seasonableness [UCC 1-205] (A) Whether a time for taking an action required by Chapters 1301., 1302., 1303., 1304., 1305., 1307., 1308., 1309., and 1310. of the Revised Code is reasonable depends on the nature, purpose, and circumstances of the action. (B) An action is taken seasonably if it is taken at or within the time agreed or, if no time is agreed, at or within a reasonable time.

...Presumptions [UCC 1-206] Whenever Chapter 1301., 1302., 1303., 1304., 1305., 1307., 1308., 1309., or 1310. of the Revised Code creates a "presumption" with respect to a fact, or provides that a fact is "presumed," the trier of fact must find the existence of the fact unless and until evidence is introduced that supports a finding of its nonexistence.

...Variation by agreement [UCC 1-302] (A) Except as otherwise provided in division (B) of this section or elsewhere in Chapter 1301., 1303., 1304., 1305., 1307., 1308., 1309., or 1310. of the Revised Code, the effect of provisions of Chapters 1301., 1303., 1304., 1305., 1307., 1308., 1309., and 1310. of the Revised Code may be varied by agreement. (B) The obligations of good faith, diligence, reasonableness, and...

...Obligation of good faith [UCC 1-304] Every contract or duty within Chapters 1301., 1302., 1303., 1304., 1305., 1307., 1308., 1309., and 1310. of the Revised Code imposes an obligation of good faith in its performance and enforcement.

...dies to be liberally administered [UCC 1-305] (A) The remedies provided by Chapters 1301., 1302., 1303., 1304., 1305., 1307., 1308., 1309., and 1310. of the Revised Code must be liberally administered to the end that the aggrieved party may be put in as good a position as if the other party had fully performed but neither consequential or special damages nor penal damages may be had except as specifically pro...

...on of claim or right after breach [UCC 1-306] A claim or right arising out of an alleged breach may be discharged in whole or in part without consideration by agreement of the aggrieved party in an authenticated record.

...evidence by third-party documents [UCC 1-307] A document in due form purporting to be a bill of lading, policy or certificate of insurance, official weigher's or inspector's certificate, consular invoice, or any other document authorized or required by the contract to be issued by a third party is prima facie evidence of its own authenticity and genuineness and of the facts stated in the document by the third...

...tance under reservation of rights [UCC 1-308] (A) A party that with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as "without prejudice," "under protest," or the like are sufficient. (B) Division (A) of this section does not apply to an accord and satisfact...

...Option to accelerate at will [UCC 1-309] A term providing that one party or that party's successor in interest may accelerate payment or performance or require collateral or additional collateral "at will" or when the party "deems itself insecure," or in words of similar import, means that the party has power to do so only if that party in good faith believes that the prospect of payment or performance is impa...

...Subordinated obligations [UCC 1-310] An obligation may be issued as subordinated to performance of another obligation of the person obligated, or a creditor may subordinate its right to performance of an obligation by agreement with either the person obligated or another creditor of the person obligated. Subordination does not create a security interest as against either the common debtor or a subordinated cre...

...cord" means either of the following: (1) Any document described or referred to in section 317.08 of the Revised Code; (2) Any document the filing or recording of which is required or allowed under any provision of Chapter 1309. of the Revised Code. (B) The recording with any county recorder of any document described in division (A)(1) of this section or the filing or recording with the secretary of state of ...

...(A) As used in sections 1302.01 to 1302.98 of the Revised Code, unless the context otherwise requires: (1) "Buyer" means a person who buys or contracts to buy goods. (2) "Good faith" has the same meaning as in section 1301.201 of the Revised Code. (3) "Receipt" of goods means taking physical possession of them. (4) "Seller" means a person who sells or contracts to sell goods. (5) "Merchant" means a person ...

...rform or any liability for breach. (B)(1) Except as otherwise provided in section 1309.406 of the Revised Code, unless otherwise agreed all rights of either seller or buyer can be assigned except where the assignment would materially change the duty of the other party, or increase materially the burden or risk imposed on the other party by the contract, or impair materially the other party's chance of obtaining r...

... on approval unless otherwise agreed: (1) although the goods are identified to the contract the risk of loss and the title do not pass to the buyer until acceptance; and (2) use of the goods consistent with the purpose of trial is not acceptance but failure seasonably to notify the seller of election to return the goods is acceptance, and if the goods conform to the contract acceptance of any part is acceptance of ...

...Each provision of sections 1302.01 to 1302.98 of the Revised Code with regard to the rights, obligations, and remedies of the seller, the buyer, purchasers, or other third parties applies irrespective of title to the goods except where the provision refers to that title. Insofar as situations are not covered by the other provisions of sections 1302.01 to 1302.98 of the Revised Code and matters concerning title ...

...r has a special property under section 1302.45 of the Revised Code, may on making and keeping good a tender of any unpaid portion of their price recover them from the seller if: (1) In the case of goods bought for personal, family, or household purposes, the seller repudiates or fails to deliver as required by the contract; or (2) In all cases, the seller becomes insolvent within ten days after receipt of the firs...

...seller to ship the goods by carrier: (1) if it does not require the seller to deliver them at a particular destination, the risk of loss passes to the buyer when the goods are duly delivered to the carrier even though the shipment is under reservation as provided in section 1302.49 of the Revised Code; but (2) if it does require the seller to deliver them at a particular destination and the goods are there du...

...r any other remedy provided by sections 1302.01 to 1302.98, inclusive, of the Revised Code for non-conformity. (C) Where a tender has been accepted: (1) the buyer must within a reasonable time after he discovers or should have discovered any breach notify the seller of breach or be barred from any remedy; and (2) if the claim is one for infringement or the like pursuant to division (C) of section 1302.25 of the Re...

... to be insolvent as provided in section 1302.76 of the Revised Code and may stop delivery of carload, truckload, planeload, or larger shipments of express or freight when the buyer repudiates or fails to make a payment due before delivery or if for any other reason the seller has a right to withhold or reclaim the goods. (B) As against such buyer the seller may stop delivery until: (1) receipt of the goods by...

... whole contract, as provided in section 1302.70 of the Revised Code, the buyer may cancel and whether or not he has done so may in addition to recovering so much of the price as has been paid: (1) "cover" and have damages under section 1302.86 of the Revised Code as to all the goods affected whether or not they have been identified to the contract; or (2) recover damages for non-delivery as provided in section 1302...

...and sewer district pursuant to section 6119.04 of the Revised Code and upon the qualifying of its board of trustees and the election of a president and a secretary, said district shall exercise in its own name all the rights, powers, and duties vested in it by Chapter 6119. of the Revised Code, and, subject to such reservations, limitations and qualifications as are set forth in this chapter, such district may: (A)...

...oward one or more of the following: (1) To preserve, protect, upgrade, conserve, develop, utilize, and manage the water resources of the state; (2) To prevent or abate the pollution of water resources; (3) To promote the beneficial use of waters of the state for the protection and preservation of the public health, safety, convenience, and welfare; (4) To assist in the financing of waste water facilities and...

...As used in sections 6131.01 to 6131.64 of the Revised Code: (A) "Owner" means any owner of any right, title, estate, or interest in or to any real property and includes persons, partnerships, associations, private corporations, public corporations, boards of township trustees, boards of education of school districts, the mayor or legislative authority of a municipal corporation, the director of any department, offi...

...When a petition is filed under section 6131.04 of the Revised Code with the clerk of the board of county commissioners, the clerk shall give notice of the petition to the board of county commissioners and the county engineer. (B) The board of county commissioners shall do both of the following: (1) Establish a date and hour for a view of the proposed improvement, which shall be between thirty and one hundred twen...

...he board finds all of the following: (1) That a proposed improvement is necessary; (2) That the proposed improvement is conducive to the public welfare; (3) That it is reasonably certain that the benefits of the proposed improvement will outweigh its costs. (B) The board shall give consideration to the protection of environmentally significant areas when those areas could be adversely affected by the constru...

... that includes all of the following: (1) The name and address of each private owner of land and a description of the land to be benefited by the proposed improvement. The engineer shall obtain the names and addresses from the tax duplicates of the county. The engineer shall obtain the description from the county recorder's office. For purposes of the description the county recorder shall not require a metes and bou...

...hall consider the following factors: (1) The cost of location and construction; (2) The compensation for land or other property necessary to be taken; (3) The effect on land along or in the vicinity of the route of the improvement; (4) The effect on land below the lower terminus of the improvement that may be caused by constructing the improvement; (5) The sufficiency or insufficiency of the outlet; (6) T...

...ence on the question of benefits. (B)(1) The board, from the evidence offered and from an actual view of the premises, shall amend and correct the assessments, and the assessments so amended or corrected shall be approved by the board. (2) An assessment for benefits to the general public because the improvement is conducive to the public welfare shall be paid by the public and shall be assessed against the count...

...(A)(1) The board of county commissioners, upon recommendation of the county engineer, may combine improvements into a drainage maintenance district, in which the maintenance assessment shall be the same percentage of original cost for each improvement to be maintained. (2) In combining improvements into drainage maintenance districts, the county engineer and the board of county commissioners shall consider similar...

... conveyances, or other equipment. (B)(1) In the case of open ditches, the permanent easement so used shall be not more than twenty-five feet from the top of the bank, measured at right angles thereto, and wherever practical the area so used shall be on one side of the ditch only. (2) In the case of an open ditch log-jam removal project within a wooded riparian corridor, a maintenance easement may be created from...

...velopment area designated under section 106 of the Workforce Innovation and Opportunity Act, 29 U.S.C. 3121, pursuant to this chapter. (B) "Workforce development activity" means an activity carried out through a workforce development system. (C) "Chief elected official or officials," when used in reference to a local area, means the chief elected executive officer of a unit of general local government in the local ...

...tution" means any of the following: (1) A state institution of higher education, as defined in section 3345.011 of the Revised Code; (2) A private, nonprofit institution in this state holding a certificate of authorization pursuant to Chapter 1713. of the Revised Code; (3) An Ohio technical center that provides adult technical education services as recognized by the chancellor of higher education. (B) The...

... of the following through the tool: (1) Businesses with historical information on graduates from high demand fields; (2) Businesses with projections on future graduates; (3) The number of skilled workers available for work in occupations included in the list of in-demand jobs created under section 6301.11 of the Revised Code. (B) The governor's office of workforce transformation, in collaboration with the...

...ity regarding all of the following: (1) Industry-recognized credentials approved under section 3313.6113 of the Revised Code; (2) Certificate programs and industry-recognized credentials included in the inventory prescribed under section 3333.94 of the Revised Code; (3) Any other existing or proposed credential or certificate program necessary to meet the workforce needs of the state, as determined by the of...

...(A) As used in this section: (1) "Ohio career-technical associations" includes all of the following: (a) The Ohio association of career and technical education; (b) The Ohio association of career-technical superintendents; (c) The Ohio association of comprehensive and compact career-technical schools. (2) "Other public school" has the same meaning as in section 3301.0711 of the Revised Code. (3) "St...

...ournals in existence on or before July 1, 2011, and performing the functions described in section 2701.09 of the Revised Code for a period of three years immediately preceding any such legal publication required to be made, is a publication bearing a title or name that is regularly issued at least once a week, and that meets all of the following requirements: (1) It is printed in the English language using st...

...(A) As used in this section: (1) "State agency" means any organized body, office, agency, institution, or other entity established by the laws of the state for the exercise of any function of state government, including state institutions of higher education, as defined in section 3345.011 of the Revised Code. (2) "Political subdivision" has the meaning defined in section 2744.01 of the Revised Code. (B) If a ...

...(A)(1) The legislative authority of a municipal corporation that has established a rate or charge, payable to the municipal corporation, for the provision of collection or disposal services for garbage, ashes, animal and vegetable refuse, dead animals, or animal offal may certify to the county auditor, by ordinance, the amount of the rate or charge that has not been paid in accordance with applicable requirements by ...

...(A)(1) A transition supervisory board consists of the following three voting members: (a) The auditor of the county wherein a majority of the village territory was located; (b) A member of the board of county commissioners, selected by the board of county commissioners, of the county wherein a majority of the village territory was located; (c) The recorder of the county wherein a majority of the village territo...

...attached to it all of the following: (1) A full description and an accurate map of the territory within the proposed municipal corporation; (2) A statement signed by the county auditor as to the total assessed valuation of the area proposed for incorporation; (3) A statement showing that the territory meets all the criteria for incorporation of a city listed in division (A) of section 707.29 of the Revised Code...

...A) A petition filed under section 709.021 of the Revised Code that requests to follow this section is for the special procedure of annexing land into a municipal corporation when, subject to division (H) of this section, the land also is not to be excluded from the township under section 503.07 of the Revised Code. The owners who sign this petition by their signature expressly waive their right to appeal in law or eq...

...ioners shall do all of the following: (1) Within five days cause written notice of the filing of the petition with the board of county commissioners, the date and time of the filing, and the date, time, and place of the hearing, to be delivered to the clerk of the legislative authority of the municipal corporation to which annexation is proposed, to the clerk of each township any portion of which is included withi...

...ision" means either of the following: (1) The division of any parcel of land shown as a unit or as contiguous units on the last preceding general tax list and duplicate of real and public utility property, into two or more parcels, sites, or lots, any one of which is less than five acres for the purpose, whether immediate or future, of transfer of ownership, provided, however, that the following are exempt: (a...

...When, prior to June 1, 1953, a subdivision plat has been tentatively approved by a planning commission, and lots have been transferred from the subdivision by metes and bounds descriptions prior to June 1, 1953, and a registered surveyor certifies on such plat, or copy thereof, that all such transfers are in conformity with the plat as tentatively approved, such plat, or a copy thereof, may be recorded by the county ...

...g anything to the contrary in sections 711.001 to 711.13 of the Revised Code, rules may be adopted and amended that require a proposed division of a parcel of land along an existing public street, not involving the opening, widening, or extension of any street or road, and involving the establishment of any lot that meets acreage requirements under division (B) of this section, to be submitted to the planning authori...