According to MSD Rules and Regulations in section 1216: I should  not have been denied the ability to have the funds in excess of the 15K I obtained via a personal loan (i.e. the easement cost of 12K, assessed to my property taxes. I was denied this by the County on two occasions. See below 

MSD Rules and Regulations 

Section 1216
Policy for Levying Sewer Assessments for Local Collector Sewers - Assessment Credit

 A. Single Family or "Primary" Assessment Credit. It is the policy of the Board to encourage public sewers and to finance sewer improvements, which provide local sewer service, by levying special assessments on the properties receiving benefit from the sewer improvement as provided in Ohio Revised Code Chapter 6117. For single family residences existing as of September 20, 1995, MSD will pay, in the form of a single­ family or primary assessment credit, the special assessment for a local sewer, up to $5,000, provided that:

1.) The local sewer eliminates the need for on-site sewage disposal systems and connects to the public sewer system of the Metropolitan Sewer District; or

2.) The local sewer is a replacement or repair of a privately owned local sewer which connects to the public sewer system of the Metropolitan Sewer District, and the private sewer meets MSD standards and is dedicated by its owners to public use in accordance with MSD Rules and Regulations.

B. "Secondary" Assessment Credit. It is the policy of the Board to encourage public sewers and to finance sewer improvements, which provide local sewer service, by  levying special assessments on the properties receiving benefit from the sewer improvement, as provided in Ohio Revised Code Chapter 6117. For all properties so specially assessed, it is the policy of this Board that MSD will pay, in the form of a secondary assessment credit, all public improvement project costs exceeding $12,000. It is the policy of the Board that total actual per-benefit costs of the local public sewer improvement which remains in excess of $12,000 per benefited property, once the single-family assessment credit has been applied, shall be funded from Metropolitan Sewer District unappropriated funds as a secondary credit. This secondary credit is applicable to all property types as defined by the Hamilton County Auditor and subject to special assessment under the Revised Code.

MSD IMPLEMENTATION - 2502.  It is Board policy that MSD shall annually adjust the single-family or "primary" assessment credit.  Section 1216 establishes this credit as applied to special assessments of local public sewer improvements.  MSD will annually adjust the "primary" credit using the ENR CCI.  This will be reported to the Board and implemented on January 1 annually

C. Annual Credit Adjustment.  The single-family assessment credit of Section 1216 (A) will be adjusted annually in accordance with Article 25, as follows:

1.) Based on the September Engineering News Record Construction Cost Index (ENR CCI) for Cincinnati, Ohio, the $5,000 credit shall be multiplied by the ratio of the current year September ENR CCI to the ENR CCI for September 2000 (5907.06), rounded to the nearest $100.

2.) The Assessment Credit determined in Section 1216 (A) shall become effective on January 1 of each year.

3.) The Assessment Credit in effect at the time of adoption of the Resolution Confirming Revised Assessment shall be applied.  For each single family residence, existing as of the September 20, 1995, served by a local collector sewer whose construction costs are assessed under this policy, a sewer tap-in-fee in the amount of $480.00 will be charged by the Metropolitan Sewer District at the time of connection of the property to the public sewer


MSD IMPLEMENTATION - 1216. Per Chapter 6117 ORC, MSD will report to the Board all costs of a local public sewer improvement project. Also per Chapter 6117, the Board must assess the actual costs of a local public sewer improvement project. However, statute permits the Board to fund a portion of these actual costs from "other available funds" (§6117.06(E)). It is Board policy that the cost of special assessments for local public sewer improvements shall not exceed $12,000 per benefited property. To this end, MSD will apply the single-family or "primary" assessment credit to the actual per-benefit cost in order to determine if the amount exceeds, is at or below $12,000. If the amount is at or below $12,000, this is the amount applied as a final assessment when the Board confirms special assessments (see Section 1805 (D),  above). If the amount still exceeds $12,000, MSD will apply a "secondary" assessment credit to bring the per-benefit amount to be equal to $12,000. Sections 1805 (E) and 2502 are applicable as well in this implementation.

 It may only be coincidence that after the failed petition for house numbers 5049-5765 to extend the sewer; 53 inspections have issued a warning/requiring some type of repair and reinspection; however, most interesting is that according to section 1805 of the MSD Rules and regulations, this can be completed when a property within that range has been declared a nuisance. Not surprisingly, house number 5563, which happens to be near perfect center of the original targeted group of 65 homes; was declared a nuisance in the official Green Township minutes (resolution #12-1210-K on 5/28/13)

I am not accusing the County of unethical practices, however; there is a preponderance of evidence that is far too coincidental to ignore or deem typical...

Section 1805 Policy on Management of Requests for Local Sewer Assessment Projects

It is the policy of the Board of County Commissioners of Hamilton County, Ohio to encourage public sewers and to finance sewer improvements which provide local sewer service by levying special assessments on the properties receiving benefit, as determined by MSD, from a public sewer improvement, as provided in Ohio Revised Code ("ORC") Chapter 61 17.  MSD shall develop and maintain a "Sewer Assessment Procedures Manual" that details the implementation of this policy.
A.) Types of Requests.  The Board will categorize requests it receives for local sewer service according to the following classifications:
1.)  Citizen Petition. The Board will decide whether a local public sewer improvement shall be designed upon receipt of a written..(con) 
2.)  Public Health Nuisance.  If the Board receives notice that the Board of Health of a jurisdiction  within the MSD found  that a public nuisance exists in a specified location in the sewer district and that the public health nuisance may be remedied by the construction of a sewer improvement, the Board will consider directing MSD to prepare plans, specifications, estimate of cost, and tentative assessments for a sewer improvement to serve the specified location to remedy the public health nuisance.
3.) Order of the Director of the Ohio Environmental Protection Agency (OEPA). Pursuant to ORC 6117.34, if the Board receives notice from the director of the OEPA that it is necessary for the public health and welfare that sewer improvements or sewage treatment or disposal works be constructed, the Board shall obey such order and proceed to construct such sewers or treatment works, or maintain, repair, or operate the same, as are required by such order and in such manner as is satisfactory to the Director.


Under MSD Rules and Regulations Section 1805 D (E) I was not apprised for my ability to pay, nor was I directed to any grant/funding other than recommending I apply for a personal loan--which I did. 

 MSD RULES AND REGULATIONS SECTION 1805 D

E.)  Financing of Local Public Sewer Improvements.  

All the costs of a local public sewer improvement shall be reported to the Board by MSD.  The cost of the aforesaid local public sewer improvement, per Chapter 61 17 ORC, shall be paid in part by Special Assessments against the property or properties abutting on and specially benefited by the local public sewer improvement. It is the policy of the Board to structure the financing oflocal public sewer improvements in the following manner:

l .)  The total cost of said special assessment shall be the actual cost of the local public sewer improvement.

2.)  Actual costs are those defined under Chapter 6117 ORC, et. seq.

3.)  Total actual cost shall be divided by the number of benefited properties to determine the per­ benefit cost.

4.)  MSD shall apply all applicable assessment credits, per Section J 2J 6 to the total actual per­ benefit cost.  It is the policy of the Board that total actual per-benefit  costs of the public sewer improvement which remain in excess of $12,000 per benefited property, once the single family  assessment credit has been applied, shall be funded from MSD unappropriated fimds as a secondary credit.

5.)  Actual costs per benefited property shall apply only to parcels  benefited by the local public sewer improvement.

6.) Benefited parcels are determined under Section 1805

7.)  MSD shall apprise property owners of their ability to apply to the Board for individual Community Block Development  Grant (CDBG)funding.   MSD shall apprise the political jurisdiction  in which the local public sewer improvement is located of their ability to apply to the Hamilton County Department of Community Development for  CDBG funding.   The use and award of such fimding  is subject to the rules and regulations associated with it.  The Board will endeavor to secure such CDBG funding  where available and applicable.


Not only were grants/funds/options  made available to me--I was informed by Hamilton County Public Health that assessing their 12K cost to my property taxes was NOT possible--this was NOT possible or available to finance the additional 12K I was short. Specifically, I was told that the contractors that dig for MSD are independent and they require payment IN FULL BEFORE THEY START. This was untrue. According to the MSD rules and regulations Section 1805 F (G) not only can it be assessed to the property taxes, it can be extended over a period of 20 years AND 75% of the costs can be deferred for UP TO TWENTY YEARS.  

 MSD IMPLEMENTATION - 1805 (F).

G.) Deferred Assessments.  Under Section 6117.061 ORC, the Board of County Commissioners may defer collection of up to 75% of the principal amount of a local public sewer improvement assessment for up to 20 years.

1 .)  It is the policy of the Board that the ability of a property owner to place the assessed cost of the local public sewer improvement on the property tax duplicate, over 20 years, constitutes, de-facto, a deferment under this chapter of the Revised Code.

2.)  Per Chapter 61 17.061 ORC, the decision of the Board in this matter is final and no appeal thereof may be taken.

MSD IMPLEMENTATION - 1805 (G).  Per 6117.061 ORC, property owners may petition the Board to request a deferment of up to 75% of the special assessment that may be levied by the Board for local public sewer improvements.  It is Board policy that the ability to place this  special assessment on the property tax duplicate, over 20 years, constitutes, de-facto, a deferment.  MSD will report to the Board on all deferment requests received and request the Board to dispose of the same as a part of the project legislation.  Decisions of the Board are final, with no avenue of judicial appeal.

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