3733.025 Owner to repair home substantially damaged.
3733.025 Owner to repair home substantially damaged.
(A) If a mobile or manufactured home that is located in a flood plain is substantially damaged, the owner of the home shall make all alterations, repairs, or changes to the home, and the operator of the manufactured home park shall make all alterations, repairs, or changes to the lot on which the home is located, that are necessary to ensure compliance with the flood plain management rules adopted under division (A) of section 3733.02 of the Revised Code. Such alterations, repairs, or changes may include, without limitation, removal of the home or other structures.
No person shall fail to comply with this division.
(B) No person shall cause to be performed any alteration, repair, or change required by division (A) of this section unless the person first obtains a permit from the director of health or a licensor authorized by the director. The owner of the home and the operator of the manufactured home park shall jointly obtain the permit required by this division. Each of the persons to whom a permit is jointly issued is responsible for compliance with the provisions of the approved permit that are applicable to that person.
The director or a licensor authorized by the director shall disapprove an application for a permit required under this division unless the director or the licensor finds that the proposed alteration, repair, or change complies with the rules adopted under division (A) of section 3733.02 of the Revised Code. No permit is required under this division for the construction, erection, or manufacture of any building to which section 3781.06 of the Revised Code applies.
The director or a licensor authorized by the director may suspend or revoke a permit issued under this division for failure to comply with the rules adopted under division (A) of section 3733.02 of the Revised Code pertaining to flood plain management or for failure to comply with the approved permit.
Any person aggrieved by the disapproval, suspension, or revocation of a permit under this division by the director or by a licensor authorized by the director may request a hearing on the matter within thirty days after receipt of the notice of the disapproval, suspension, or revocation. The hearing shall be held in accordance with Chapter 119. of the Revised Code. Thereafter, an appeal of the disapproval, suspension, or revocation may be taken in the manner provided in section 119.12 of the Revised Code and for necessary inspections conducted to determine compliance with those permits.
(C) The public health council shall establish fees for the issuance of permits under division (B) of this section and for necessary inspections conducted to determine compliance with those permits.
(D) The director or a licensor authorized by the director shall charge the appropriate fee established under division (C) of this section for the issuance of a permit under division (B) of this section or for conducting any necessary inspection to determine compliance with the permit. If the director issues such a permit or conducts such an inspection, the fee for the permit or inspection shall be transmitted to the treasurer of state and shall be credited to the general operations fund created in section 3701.83 of the Revised Code. Moneys so credited to the fund shall be used by the director only for the purpose of administering and enforcing sections 3733.01 to 3733.08 of the Revised Code and rules adopted under those sections. If the licensor is a board of health, the permit or inspection fee shall be deposited to the credit of the special fund of the health district created in section 3733.04 of the Revised Code and shall be used only for the purpose set forth in that section.
Effective Date: 03-30-1999