Audience Questions / Prosecuting Attorney Answers

1. Audience Questions /Prosecuting Attorney Answers Scenic Heights / Batdorf Road

2. Question & Answer #1 AUDIENCE QUESTION Can the county legally assess any prior owner of the property for this project? The request is that the County put some or part of the assessment on the original developer of this subdivision. PROSECUTING ATTORNEY ANSWER Ohio Revised Code Section 6117.30 states: “The cost of the acquisition or construction of sanitary or drainage facilities to be paid by assessments shall be assessed…upon all the property within the county sewer district found to be benefited in accordance with the special benefits conferred…” This references “property…found to be benefited.” The language of the statute implies present ownership. Statutes must be interpreted by their plain meaning. Because the statutes require a current benefit to the property, the answer to the question, in this case, is no.

3. Question & Answer #2 AUDIENCE QUESTION If a landowner owns more than one lot because he likes having the extra space and has no intention of ever having another home on the second lot, will he be required to pay the assessment fee on both lots or just one? The audience was told that each lot would have the assessment whether there was a home on it or not. Additionally, when is the number of lots for the assessment determined – at the time of the construction? PROSECUTING ATTORNEY ANSWER Ohio Revised Code Section 6117.31 states: “Upon the completion of any improvement under sections 6117.01 to 6117.45…the actual cost thereof shall be ascertained…(and) shall be assessed against the lots and parcels of land within the assessment district found to be benefited by such improvement…” The statutes also state that assessments will be made against properties that are benefited, or could be benefited, by the sewer improvement. Therefore, if an owner wants to replat his/her property, the sooner the better for his/her interest.