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Ex. DUT-OH-008 Standing duty Primary source read

Statute (version effective October 1, 1953, H.B. 1, 100th G.A.; in force through June 22, 2021)

Powers of board - abatement of nuisances

General Assembly of Ohio (Ohio Revised Code, Chapter 3707, Board of Health) · Ohio (boards of health of city and general health districts) (State)

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The record

Jurisdiction
Ohio (boards of health of city and general health districts) · Ohio
Level
State
Authority
Ohio Const. art. II, sec. 1; the police power of the State
Issued
1953-10-01 Oct. 1, 1953
Effective
October 1, 1953 (read as 1953-10-01)
End
standing (Sub. S.B. 22 added division (A), the isolation and quarantine definitions, effective June 23, 2021; the nuisance text became division (B) unchanged) (read as 2021-06-23)
In force
Standing since Oct. 1, 1953 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureStanding dutyOperating condition
Addressees
  • owners or persons in control of premises; occupants and tenants; businesses and pursuits within the health district
Character
sanitary code duty
Collection
Standing duties: Ohio DUT-OH

Operative words

The board of health of a city or general health district shall abate and remove all nuisances within its jurisdiction. It may, by order, compel the owners, agents, assignees, occupants, or tenants of any lot, property, building, or structure to abate and remove any nuisance therein, and prosecute such persons for neglect or refusal to obey such orders.

Penalty

Prosecution for neglect or refusal to obey the board's order; violation of any board order is an offense under R.C. 3707.48 and 3707.99(B) (Exs. DUT-OH-009, DUT-OH-010)

What it required

Commanded boards of health to abate nuisances, empowered them to order owners, occupants and tenants of any property to abate them and to prosecute refusal, and authorized the board, when any 'premises, business, pursuit, matter, or thing' is 'in a condition dangerous to life or health,' to 'declare it a public nuisance and order it to be removed, abated, suspended, altered, or otherwise improved or purified.'

Retrieval note

The local vehicle for closure and protocol enforcement. The Director's orders delegated to local health departments the authority to answer enforcement questions (Ex. OH-025 closing paragraph) and named local health departments as issuers of notices of violation (Ex. OH-037 para. 9). R.C. 3707.04 (quarantine regulations in time of epidemic) and 3707.08 (isolation of exposed persons; placarding of premises) were read on codes.ohio.gov and not saved.