Opinions
Opinions
Requested by: Cuyahoga County Prosecuting Attorney
When renewal or replacement special levies are designated specifically for the provision of health and human or social services under R.C. 5705.191, the taxing authority has no authority to utilize funds for the wholly separate purpose of constructing permanent improvements. 1963 Ohio Atty.Gen.Ops. No. 63-154 followed.
Requested by: Noble County Prosecuting Attorney
Regarding whether a crime victim may be charged the cost of retrieving a vehicle when a law enforcement agency directed its towing and storage.
Requested by: Fairfield County Prosecuting Attorney
A drainage maintenance fund established under the drainage petition laws may be applied only to the repair, upkeep, and permanent maintenance of drainage improvements that were constructed in accordance with R.C. Chapter 940, 6131, 6133, or 6135. The board of county commissioners may not use the collected assessments for any other purpose. A board of county commissioners cannot convert multiple drainage maintenance districts created under R.C. 6137.04 into a single drainage fund assessed under R.C. 6117.02(D). Rather, the drainage fund and rates assessed under R.C. 6117.02 finance the maintenance of drainage facilities that are part of a county sewer district.
Requested by: Lawrence County Prosecuting Attorney
A county land reutilization corporation is not a financial institution within the meaning of R.C. 505.86(F). A township, therefore, does not have the authority to borrow money from a county land reutilization corporation.
Requested by: Lake County Prosecuting Attorney
The protection afforded a crime victim by R.C. 2930.07 against disclosure of identifying information applies and attaches to case documents associated with criminal or delinquent cases but only in limited circumstances in civil matters. A clerk of court’s duty to redact a victim’s information from all records relating to a civil protection order is triggered only when the order is violated, but the redaction requirement for a violation of a protection order, an offense of violence, or a sexually oriented offense applies automatically when the matter is filed with the clerk of courts and without any request by the victim.
Requested by: Madison County Prosecuting Attorney
A county engineer lacks unilateral authority to permit broadband installations within the right-of-way along county roads. A board of county commissioners, however, may enter into agreements with private broadband providers to permit such installations, subject to the terms of easement deeds and competitive bidding requirements. A board of county commissioners and a county engineer may only charge a reasonable fee for actual administrative and inspection costs.
Requested by: Adams County Prosecuting Attorney
It is a criminal offense for a person to knowingly enter and occupy another’s residence without legal right or permission of the owner or lawful tenant. At the request of the property owner or lawful tenant, a law enforcement officer may enter onto the property and arrest the trespasser when probable cause for the arrest exists. If property rights are reasonably in dispute, then the property owner may need to file an eviction action. Absent probable cause for arrest or a court order to remove the occupant, a law enforcement officer could incur liability for acting without legal authority.
Requested by: Logan County Prosecuting Attorney
Whether a composting facility is considered “agriculture” under R.C. 519.01 and exempt from township zoning resolutions under R.C. 519.21(A) is a question of fact to be determined by the township; and, if not considered agriculture, can only be regulated as a conditional use if it is a specifically permitted as a conditional use in the township’s zoning laws. If a composting facility is not agriculture, and therefore subject to township zoning laws, it must comply with the township zoning laws even if it has obtained a permit from the Ohio Environmental Protection Agency. Revised Code 519.23-.24 provides the procedure if there is any dispute over the applicability of township zoning laws to a composting facility.
Requested by: Delaware County Prosecuting Attorney
The term “services” as used in R.C. 9.48 does not include “construction” or “construction services.” 2019 Att’y Gen. No. 2019-028 followed. However, the term “services” may cover the installation, maintenance, repair, and the like of items acquired under R.C. 9.48 provided such services to not constitute nor cross into construction or construction services. Whether any particular service acquired under R.C. 9.48, including any repair, maintenance, replacement, installation, or upgrade constitutes “construction” or “construction services” is a question of fact beyond the opinion-rendering function of the Attorney General.
Requested by: Knox County Prosecuting Attorney
A board of township trustees lacks authority to establish a death benefit payable directly from township funds to the family of a township employee who dies while so employed.