Ohio Revised Code Search
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Section 6131.03 | Co-ordinating system of water conservation and flood control.
...t a complete or co-ordinating system of water conservation and flood control, subject to the approval of the proper authority of the state, with full power to maintain and carry the same forward. Said boards, severally and jointly and in co-operation with the board of county commissioners of any other county, or with a conservancy district, or with the state, or with the United States, may provide their respective sh... |
Section 6131.04 | Petition for construction of single county drainage improvement.
..., walling, or arching any ditch, drain, watercourse, floodway, creek, run, or river; changing the course, location, or terminus thereof; or constructing a levee, wall, embankment, jetty, dike, dam, sluice, revetment, reservoir, holding basin, control gate, breakwater, or other structure for control of water; (2) The course and termini of the proposed improvement and the branches, spurs, or laterals, if any are peti... |
Section 6131.05 | Petition amendments.
...(A) Any benefiting owner may file an amendment to a petition for a drainage improvement that expands the length of the proposed improvement, provided that such amendment does not expand the area to be benefited by the proposed improvement. An owner shall file the amendment not more than twenty-one days after the date of the view. Such owner shall not propose an amendment that expands either the area or number of parc... |
Section 6131.06 | Bond to be filed with petition.
...(A) The petitioner shall file with the petition referred to in section 6131.04 of the Revised Code a bond in the sum of one thousand five hundred dollars, plus the sum of five dollars for each parcel of land in excess of two hundred parcels that are listed in the petition as lands that will benefit from the improvement. (B) The bond shall be made payable to the county, to the credit of the general drainage improvem... |
Section 6131.061 | [Former R.C. 6131.57, amended and renumbered by H.B. 340, 133rd General Assembly, effective 3/24/2021] Record keeping.
...(A) The clerk of the board of county commissioners shall maintain a file for the proposed improvement containing a record of the petition, amendments, comments, notices, proceedings, resolutions, orders, and any other record regarding the proposed improvement that is filed with the board. (B) The county engineer shall maintain a file for the proposed improvement that contains a record of the petition, amendments t... |
Section 6131.07 | Notice and hearing on petition.
...(A) 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 ... |
Section 6131.08 | Comments on petition.
...Any owner who has not joined in a petition filed in accordance with section 6131.04 of the Revised Code may comment on the proposed improvement at any time before a final order on the petition is made by the board of county commissioners. Comments may be made in person at the public hearings on the petition or by filing written comments with the clerk of the board of county commissioners. |
Section 6131.09 | Preliminary report by county engineer.
...(A) Upon receiving the notice required under division (A) of section 6131.07 of the Revised Code, the county engineer shall prepare a preliminary report on the proposed improvement, which shall include all of the following: (1) A preliminary estimate of the cost of the proposed improvement; (2) Comments on the feasibility of the project; (3) A statement of the engineer's opinion as to whether benefits from the ... |
Section 6131.10 | Viewing of premises.
...(A) On the date established for the view of a proposed improvement, the county engineer or its designated representative shall present an overview of the proposed improvement, using methods and means that the board of county commissioners determines will adequately inform those attending the view about the proposed improvement's location and the drainage issues intended to be addressed by the proposed improvement. ... |
Section 6131.101 | First hearing on petition for proposed drainage improvement.
...(A) At the first hearing on a petition for a proposed improvement, the board of county commissioners shall do both of the following: (1) Hear the preliminary report of the county engineer required under section 6131.09 of the Revised Code; (2) Hear any evidence offered by any owner for or against the granting of the proposed improvement or for or against the granting of any laterals, branches, spurs, or change of... |
Section 6131.11 | Dismissal of petition - appeal.
...(A) If the board of county commissioners finds at the conclusion of the first hearing for a proposed improvement that a proposed improvement is not necessary, will not be conducive to the public welfare, or that the estimated cost of the proposed improvement will exceed the benefits to be derived if it is constructed, the board shall dismiss the petition for the proposed improvement and enter its findings upon its jo... |
Section 6131.12 | Grant of petition.
...(A) At the conclusion of the first hearing on a petition for a proposed improvement, the board of county commissioners may decide to proceed with the project survey and design for a proposed improvement if the 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... |
Section 6131.13 | Consolidation of petitions.
...The board of county commissioners, on application of owners interested or at its own discretion, may consolidate and treat as a petition for one improvement petitions pending at the same time for two or more separate improvements which connect with each other, or which serve common territory, or which can readily be combined into one system. In case of such consolidation, the board shall enter its action upon its jou... |
Section 6131.14 | County engineer's duties.
... in the county's geographic information systems or other mapping system, if available. The engineer shall make an itemized bill of the costs and expenses incurred in the proper discharge of duties set forth in this section and shall file the maps, profiles, plans, schedules, and reports with the clerk of the board of county commissioners upon completing them. |
Section 6131.15 | Schedule of assessments.
...a) Acreage of a parcel; (b) Volume of water produced by a parcel; (c) Remoteness of the parcel to the improvement; (d) Percentage of the improvement used by the parcel; (e) Work determined to benefit that particular parcel only and not the remainder of parcels in the watershed; (f) Soils; (g) County auditor's land value or current agricultural use value, if applicable; (h) Existing drainage infrastructu... |
Section 6131.16 | Notice of assessments and final hearing.
...(A) Upon the filing with the clerk of the board of county commissioners of the reports, plans, and schedules by the county engineer as provided in section 6131.14 of the Revised Code, the board of county commissioners shall fix a date not fewer than twenty-five nor more than ninety days thereafter when a final hearing on the report shall be held. (B) At least twenty-one days prior to the date established for the h... |
Section 6131.17 | Exceptions to engineer's schedules of assessments.
...(A) An owner may file an exception to the county engineer's schedules of assessments or file a claim for damages or compensation with the clerk of the board of county commissioners not less than five days before the date of the final hearing in the proceedings to construct the improvement. (B) An owner shall include with an exception or claim for compensation or damage the nature of the exception or claim, the amou... |
Section 6131.19 | Hearing on compensation or damages.
...(A) At the final hearing, or at such time the final hearing is adjourned to hear claims for compensation or damages, the board of county commissioners shall hear any competent evidence offered by any affected owner upon the county engineer's estimate of damages and upon any claim filed for compensation or damages. (B) Upon consideration of all the evidence, the county engineer's schedule of estimated damages, and a... |
Section 6131.20 | Final hearing.
...At the final hearing on a proposed improvement, the board of county commissioners shall hear any application that is filed for a change of the route or course of the proposed improvement, or of either terminus thereof, from that shown in the report of the county engineer. The board may hear any application to make any change in the nature, kind, or extent of the work proposed to be done, as shown in the report of the... |
Section 6131.21 | Factors to be considered by commissioners at final hearing.
...(A) At the final hearing on a proposed improvement, after hearing all the evidence offered in the proceedings and after receiving and considering all the schedules, plans, and reports filed by the county engineer, the board of county commissioners shall review its former order to proceed with project survey and design for the proposed improvement and shall either affirm its former order and proceed to confirm the ass... |
Section 6131.22 | Approval and confirmation of assessments.
...(A) At the final hearing on a proposed improvement, if the petition is not dismissed, the board of county commissioners shall hear any evidence offered for or against the assessment proposed to be levied against any owner or on any land as shown by the schedule of assessments filed by the county engineer and shall hear any competent evidence on the question of benefits. (B)(1) The board, from the evidence offered a... |
Section 6131.23 | Semiannual installments for payment of assessments.
...within the subdivision, both public and private, in one installment, it shall pass a resolution so stating and shall send the resolution, or a copy thereof, to the board of county commissioners before making the payment. The legislative authority shall pay all subsequent maintenance assessments levied under section 6137.03 of the Revised Code if it chooses to pay the construction assessments on all parcels within the... |
Section 6131.24 | Preliminary steps for receiving bids for drainage improvements.
...(A) The board of county commissioners shall fix a date, time, and place at the final hearing for the county engineer to receive bids. The county engineer shall prepare the necessary bid documents and legal advertisements as provided in sections 307.87 and 307.88 of the Revised Code. (B) If an appeal has been taken to the court of common pleas, as provided in section 6131.25 of the Revised Code, the bids may be rece... |
Section 6131.25 | Appeals.
...(A) Any affected owner may appeal to the court of common pleas within thirty days of the date that any order was issued by the board of county commissioners under this chapter, and may appeal any one or more of the following questions: (1) Is the improvement necessary? (2) Will the improvement be conducive to the public welfare? (3) Is the cost of the improvement greater than the benefits conferred? (4) Is th... |
Section 6131.27 | Transcript of order for drainage improvement.
...If an appeal is filed pursuant to section 6131.25 of the Revised Code, the clerk of the board of county commissioners shall promptly prepare a transcript of the orders made by the board of county commissioners, and shall file such transcript with the clerk of the court of common pleas, together with the permanent files of records of the proceedings maintained by the board of county commissioners and county engineer a... |