As Passed by the Senate
133rd General Assembly
Regular Session Sub. S. B. No. 103
2019-2020
Senators Dolan, Yuko
Cosponsors: Senators Eklund, Thomas, Williams, Manning, Antonio, Blessing, Craig, Huffman, M., Huffman, S., Johnson, Rulli, Wilson
A BILL
To amend section 1901.181 of the Revised Code to grant the Housing Division of the Cleveland Municipal Court jurisdiction in any review or appeal of a final order of an administrative body that relates to a local building, health, or safety code and concurrent jurisdiction with the Court of Common Pleas in criminal cases related to environmental pollution.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 1901.181 of the Revised Code be amended to read as follows:
Sec.
1901.181.
(A)(1)
Except
as
otherwise
provided
in
this
division
and
division
(A)(2)
of
this
section
and
subject
to
division
(C)(B)
of
this
section,
if
a
municipal
court
has
a
housing
or
environmental
division,
the
division
has
exclusive
jurisdiction
within
the
territory
of
the
court
in
any
civil
action
to
enforce
any
local
building,
housing,
air
pollution,
sanitation,
health,
fire,
zoning,
or
safety
code,
ordinance,
or
regulation
applicable
to
premises
used
or
intended
for
use
as
a
place
of
human
habitation,
buildings,
structures,
or
any
other
real
property
subject
to
any
such
code,
ordinance,
or
regulation,
and,
except
in
the
environmental
division
of
the
Franklin
county
municipal
court,
in
any
civil
action
commenced
pursuant
to
Chapter
1923.
or
5321.
or
sections
5303.03
to
5303.07
of
the
Revised
Code.
Except
as
otherwise
provided
in
division
(A)(2)
of
this
section
and
subject
to
section
1901.20
of
the
Revised
Code
and
to
division
(C)(B)
of
this
section,
the
housing
or
environmental
division
of
a
municipal
court
has
exclusive
jurisdiction
within
the
territory
of
the
court
in
any
criminal
action
for
a
violation
of
any
local
building,
housing,
air
pollution,
sanitation,
health,
fire,
zoning,
or
safety
code,
ordinance,
or
regulation
applicable
to
premises
used
or
intended
for
use
as
a
place
of
human
habitation,
buildings,
structures,
or
any
other
real
property
subject
to
any
such
code,
ordinance,
or
regulation.
Except
as
otherwise
provided
in
division
(A)(2)
of
this
section
and
subject
to
division
(C)(B)
of
this
section,
the
housing
or
environmental
division
of
a
municipal
court
also
has
exclusive
jurisdiction
within
the
territory
of
the
court
in
any
civil
action
as
described
in
division
(B)(1)
of
section
3767.41
of
the
Revised
Code
that
relates
to
a
public
nuisance.
To
the
extent
any
provision
of
this
chapter
conflicts
or
is
inconsistent
with
a
provision
of
section
3767.41
of
the
Revised
Code,
the
provision
of
that
section
shall
control
in
a
civil
action
described
in
division
(B)(1)
of
that
section.
(2) If a municipal court has an environmental division, if the mayor of any municipal corporation within the territory of the municipal court conducts a mayor's court, and if any action described in division (A)(1) of this section as being within the jurisdiction of the environmental division otherwise is within the jurisdiction of the mayor's court, as set forth in section 1905.01 of the Revised Code, the jurisdiction of the environmental division over the action is concurrent with the jurisdiction of that mayor's court over the action.
(B)(1) If the judge of the environmental division of the Franklin county municipal court or the judge of the housing division of a municipal court is on vacation, sick, absent, or is unavailable because of recusal or another reason, the administrative judge of the court, in accordance with the Rules of Superintendence for Municipal Courts and County Courts, shall assign another judge or judges of the court to handle any action or proceeding or, if necessary, all actions and proceedings of the division during the time that its judge is unavailable.
(2) The Franklin county municipal court may adopt, by rule, procedures for other judges of the court to handle particular proceedings arising out of actions within the jurisdiction of the environmental division of the court when the judge of that division is unable for any reason to handle a particular proceeding at the time, or within the time period, necessary for a timely or appropriate disposition of the proceeding. Upon the adoption of and in accordance with those rules, any judge of the court may handle any proceeding that arises out of an action within the jurisdiction of the environmental division of the court.
(C) In addition to the jurisdiction granted under division (A) of this section, the housing division of the Cleveland municipal court has the following jurisdiction:
(1) Jurisdiction within its territory in any review or appeal of any final order of any administrative officer, agency, board, department, tribunal, commission, or other instrumentality that relates to a local building, housing, air pollution, sanitation, health, fire, zoning, or safety code, ordinance, or regulation, in the same manner and to the same extent as in similar appeals in the court of common pleas.
(2) Concurrent jurisdiction with the court of common pleas in all criminal actions or proceedings related to the pollution of the air, ground, or water within the territory of the municipal court, for which a sentence of death cannot be imposed under Chapter 2903. of the Revised Code.
Section 2. That existing section 1901.181 of the Revised Code is hereby repealed.