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Title 61 | Water Supply-Sanitation-Ditches
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Section 6115.221 | Appropriation of property for sewer construction to address public health nuisance.

...(A) For the purposes of this section, either of the following constitutes a public exigency: (1) A finding by the director of environmental protection that a public health nuisance caused by an occasion of unavoidable urgency and suddenness due to unsanitary conditions compels the immediate construction of sewers for the protection of the public health and welfare; (2) The issuance of an order by the board of healt...

Section 6115.23 | Regulations, approval and enforcement.

...The board of directors of a sanitary district may make and enforce necessary regulations pertaining to the use by public corporations and persons of the works and improvements of the district, and by such regulations the board may: (A) Prescribe the design, construction, and use of sewers within the district; (B) Prescribe the manner in which connections to trunk sewers, intercepting sewers, pipe lines, and other w...

Section 6115.24 | Regulations for sanitary district organized wholly for reduction of populations of biting arthropods.

...In the case of a sanitary district established wholly or partly for reducing populations of biting arthropods, the board of directors of the sanitary district may make and enforce regulations pertaining to the prevention and elimination of stagnant water or other breeding places for biting arthropods in the district. The regulations may, among other things, prohibit the owner, tenant, agent, or other person having ch...

Section 6115.25 | Removal of physical obstructions in, over, or upon public streets, lanes, alleys, or highways.

...All public corporations or persons having buildings, structures, works, conduits, mains, pipes, tracks, or other physical obstructions in, over, or upon the public streets, lanes, alleys, or highways, which interfere with or impede the progress of construction, maintenance, or repair of the works of a sanitary district shall upon reasonable notice from the board of directors of the sanitary district promptly shift, a...

Section 6115.26 | Surveys and examinations of rainfall, stream flow.

...The board of directors of a sanitary district may establish and maintain stream gauges and rain gauges, and may make such surveys and examinations of rainfall, stream flow, and other scientific and engineering subjects as are necessary and proper for the purposes of the district. The board may issue reports of its findings.

Section 6115.27 | Cooperation or assistance by U.S. government or other governmental entity.

...The board of directors of a sanitary district may enter into contracts or other arrangements with the United States government or any department thereof, with persons, railroads, or other corporations, with public corporations, and with the state government of this or other states, with sewerage, drainage, conservation, conservancy, or other improvement districts, in this or other states, for cooperation or assistanc...

Section 6115.28 | Taking or damage to cemetery.

...Whenever it is necessary for the purposes of a sanitary district to take or damage any cemetery, the board of appraisers of the sanitary district shall appraise the cost of such taking or easement in the same manner as appraisals are made for other property. The board of directors of the sanitary district shall have the same powers in case of the removal of a cemetery to agree with the authorities owning or controll...

Section 6115.29 | Board of appraisers of sanitary district.

...At the time of making its order organizing a sanitary district or at any suitable time thereafter, the court shall appoint three appraisers to constitute the board of appraisers of the sanitary district, who shall in every case where appraisers are appointed under sections 6115.01 to 6115.79 of the Revised Code, be recommended by the board of directors of the sanitary district. The board of appraisers shall appraise ...

Section 6115.30 | Appraisals of compensation and damages.

...During the preparation of the official plan, the board of appraisers of a sanitary district shall examine and become acquainted with the nature of plans for the improvement and of the lands and other property affected thereby, in order that it may be better prepared to make appraisals. When the official plan is filed with the secretary of the sanitary district, he shall at once notify the board of appraisers, and it...

Section 6115.31 | Appraisals of compensation and damages beyond the boundaries of district.

...If the board of appraisers of a sanitary district finds that lands or other property not embraced within the boundaries of the district will be affected by the proposed improvement, or should be included in the district, it shall appraise the benefits and damages to such land or other property, and shall file notice in the court of the appraisal which it has made upon the lands or other property beyond the boundaries...

Section 6115.32 | Notice of hearing of land to be included or excluded from district.

...If the report of the board of appraisers of a sanitary district includes recommendations that other lands be included in the district, or that certain lands be excluded from the district, the clerk of the court before which the proceeding is pending shall give notice to the owners of such property by publication to be made as provided for a hearing on the petition for the creation of the district. Such notice to thos...

Section 6115.321 | Exclusion of territory from sanitary district established for the reduction of biting arthropods.

... (A) The legislative authority of a municipal corporation or the board of township trustees of a township all or part of whose territory is included within the territory of a sanitary district that is established solely for the reduction of biting arthropods pursuant to division (F) of section 6115.04 of the Revised Code may enact an ordinance or adopt a resolution, as applicable, approving the submission to th...

Section 6115.33 | Sanitary district appraisal record.

...The board of appraisers of a sanitary district shall prepare a report of its findings which shall be arranged in tabular form and bound in book form, and which shall be known as the "sanitary district appraisal record." In case the purposes of the district include both improved sanitation and improved water supply, the board shall prepare a separate report for each purpose. Such record shall contain the name of the o...

Section 6115.34 | Notice of hearing on appraisals.

...Upon the filing of the report of the board of appraisers of a sanitary district under section 6115.33 of the Revised Code, the clerk of the court shall give notice by publication thereof, as provided in section 6115.01 of the Revised Code, in each county in the district. The notice shall be substantially as set forth in division (E) of section 6115.79 of the Revised Code. It is not necessary for the clerk to name the...

Section 6115.35 | Filing exceptions to reports or appraisals.

...Any property owner may accept the appraisals in his favor of benefits and of damages and of lands to be taken made by the board of appraisers of a sanitary district, or may acquiesce in the board's failure to appraise damages in his favor, and shall be construed to have done so unless within ten days after the last publication provided for in section 6115.34 of the Revised Code he files exceptions to said report or ...

Section 6115.36 | Court approval, confirmation or return of plan.

...If it appears to the satisfaction of the court after having heard and determined all the exceptions filed pursuant to section 6115.35 of the Revised Code, that the estimated cost of constructing or acquiring the improvement contemplated in the official plan is less than the benefits appraised, then the court shall approve and confirm the report of the board of appraisers of a sanitary district as modified and amended...

Section 6115.37 | Appeal of award as to compensation or damages.

...Any person or public or private corporation desiring to appeal from an award as to compensation or damages shall, within twenty days from the judgment of the court confirming the report of the board of appraisers of a sanitary district, file with the clerk of the court a written notice making demand for a jury trial, specifying the award or awards from which the appeal is taken. If the appellant does not recover more...

Section 6115.38 | Possession of property after verdict and award.

...No property shall be taken under sections 6115.01 to 6115.79, inclusive, of the Revised Code, until compensation has been paid according to law. But where a trial is had by jury, and a verdict has been rendered which has been confirmed by the court, the board of directors of the sanitary district may pay the amount allowed into court in money with the costs, and thereupon the court shall make an order admitting the d...

Section 6115.39 | Certified copy of the decree.

...Upon the entry of the order of the court approving the report of the board of appraisers of a sanitary district, the clerk of said court in which the same is entered shall transmit a certified copy of the decree, and of the appraisals as confirmed by the court, except those parts from which appeals have been perfected but not determined, to the secretary of the sanitary district. When any appeal has been finally det...

Section 6115.40 | Alterations or additions to official plan.

...The board of directors of a sanitary district may at any time, when necessary to fulfill the objects for which the district was created, alter or add to the official plan. When such alterations or additions are formally approved by the board, by the environmental protection agency, and by the court, and are filed with the secretary of the sanitary district, they shall become part of the official plan for all purposes...

Section 6115.41 | Appeal not to delay action or prosecution of work.

...No appeal under sections 6115.01 to 6115.79, inclusive, of the Revised Code, shall be permitted to interrupt or delay any action or the prosecution of any work under such sections, except where the party appealing is entitled to a jury under the constitution of the state, and such jury trial has not been had, in which case only so much of the work shall be interrupted or delayed as would constitute a taking of or a d...

Section 6115.42 | Appraisal and assessment of lands losing tax exemption.

...If any lands in any sanitary district are not liable for taxation or assessment at the time of the execution of the work, but afterwards, during the period when such work is being paid for, become liable to taxation or assessment by reason of some change in condition, benefit, or ownership, such lands shall thereupon be appraised and assessed as other lands in said district receiving equal benefits.

Section 6115.43 | Appraising lands not at first included within the boundaries of district.

...In case any real property within or without any sanitary district is benefited which for any reason was not appraised in the original proceedings, or was not appraised to the extent of benefits received, or in case any person, public corporation, or other district makes use of or profits by the works of any district to a degree not compensated for in the original appraisal, or in case the board of directors of the sa...

Section 6115.44 | Immaterial irregularities or defects.

...No fault in any notice or other proceedings shall affect the validity of any proceeding under sections 6115.01 to 6115.79, inclusive, of the Revised Code, except to the extent to which it can be shown that such fault resulted in a material denial of justice to the property owner complaining of such fault. If it is found upon a hearing that by reason of some irregularity or defect in the proceedings the appraisal has...

Section 6115.45 | Sanitary district funds.

...The moneys of every sanitary district shall consist of three separate funds: (A) The "preliminary fund" consisting of the proceeds of the ad valorem tax authorized by section 6115.46 of the Revised Code, and such advancements as are made from the general county funds as provided in section 6115.46 of the Revised Code; (B) The "bond fund" consisting of the proceeds of levies made against the special assessments of b...