As Reported by the House Local Government and 1
Townships Committee 2
122nd General Assembly 5
Regular Session Sub. H.B. No. 304 6
1997-1998 7
REPRESENTATIVES CLANCY-TAYLOR-SCHULER-PADGETT-GARCIA-CATES- 8
WINKLER-TERWILLEGER-BRITTON-OLMAN-BATEMAN-ROMAN-MAIER-VAN VYVEN- 9
SULZER-OGG 10
12
A B I L L
To amend section 505.82 of the Revised Code to allow 14
a board of township trustees to adopt a 15
resolution to provide snow and debris removal 16
from undedicated roads and stream banks in
emergencies during any one-month period. 18
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 19
Section 1. That section 505.82 of the Revised Code be 21
amended to read as follows: 22
Sec. 505.82. If a board of township trustees by a 31
unanimous vote, or, in the event of the unavoidable absence of 32
one trustee, by an affirmative vote of two trustees adopts a 33
resolution declaring that an emergency exists which threatens 34
life or property within the unincorporated territory of the 35
township OR THAT SUCH AN EMERGENCY IS IMMINENT, the board may 36
exercise the following powers for the duration of DURING the 37
emergency IN THE ONE-MONTH PERIOD FOLLOWING THE ADOPTION OF THE 38
RESOLUTION:
(A) If an owner of an undedicated road OR STREAM BANK in 40
the unincorporated territory of the township has not provided for 41
the removal of snow, ice, debris, or other obstructions from the 42
road OR BANK, provide for such removal. Prior to providing for 46
such removal, the board of township trustees shall give, or make 47
good faith attempt to give, oral notice to the owner of the road 48
2
OR BANK of the trustees' intent to clear the road OR BANK and 49
impose a service charge for doing so. The board shall establish 50
just and equitable service charges for such removal to be paid by 51
the owners of the road OR BANK. The trustees shall keep a record 52
of the costs incurred by the township in removing snow, ice, 53
debris, or other obstructions from the road OR BANK. The service 54
charges shall be based on these costs and shall be in an amount 55
sufficient to recover these costs. If there is more than one 56
owner of the road OR BANK, the board shall allocate the service 57
charges among the owners on an equitable basis. The board shall 58
notify, in writing, each owner of the road OR BANK of the amount 59
of the service charge and shall certify the charges to the county 61
auditor. The charges shall constitute a lien upon the property. 62
The auditor shall place the charges on a special duplicate to be 63
collected as other taxes and returned to the township general 64
fund.
(B) Contract for the immediate acquisition, replacement, 67
or repair of equipment needed for the emergency situation, 68
without following the competitive bidding requirements of section 69
5549.21 or any other section of the Revised Code. 70
No emergency declared under this section shall remain in 72
effect for more than five consecutive days unless it is extended, 73
for a period of not more than five days, by a resolution adopted 74
by a unanimous vote of the board, or in the event of the 75
unavoidable absence of one trustee, by an affirmative vote of two 76
trustees. A board may make more than one such extension, but 77
each extension shall require a separate vote. 78
(C) THE REMOVAL OF SNOW, ICE, DEBRIS, OR OTHER 80
OBSTRUCTIONS FROM AN UNDEDICATED ROAD BY A BOARD OF TOWNSHIP 81
TRUSTEES ACTING PURSUANT TO A RESOLUTION ADOPTED UNDER DIVISION 82
(A) OF THIS SECTION DOES NOT CONSTITUTE APPROVAL OR ACCEPTANCE OF 83
THE UNDEDICATED ROAD.
(D) As used in this section, "undedicated road" means a 85
road which THAT has not been approved and accepted by the board 86
3
of county commissioners and is not a part of the state, county, 88
or township road systems as provided in section 5535.01 of the 89
Revised Code.
Section 2. That existing section 505.82 of the Revised 91
Code is hereby repealed. 92