As Passed by the House 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 304 5
1997-1998 6
REPRESENTATIVES CLANCY-TAYLOR-SCHULER-PADGETT-GARCIA-CATES- 7
WINKLER-TERWILLEGER-BRITTON-OLMAN-BATEMAN-ROMAN-MAIER-VAN VYVEN- 8
SULZER-OGG-REID-BRADING-CORBIN-LEWIS-GARDNER-VESPER-VERICH- 9
HARRIS-GERBERRY-MYERS-STAPLETON-GRENDELL-JOHNSON-SAWYER- 10
HAINES-BENDER-MALLORY 11
13
A B I L L
To amend section 505.82 of the Revised Code to allow 15
a board of township trustees to adopt a 16
resolution to provide snow and debris removal 17
from undedicated roads and stream banks in 18
emergencies during any one-month period. 20
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. That section 505.82 of the Revised Code be 23
amended to read as follows: 24
Sec. 505.82. If a board of township trustees by a 33
unanimous vote, or, in the event of the unavoidable absence of 34
one trustee, by an affirmative vote of two trustees adopts a 35
resolution declaring that an emergency exists which threatens 36
life or property within the unincorporated territory of the 37
township OR THAT SUCH AN EMERGENCY IS IMMINENT, the board may 38
exercise the following powers for the duration of DURING the 39
emergency IN THE ONE-MONTH PERIOD FOLLOWING THE ADOPTION OF THE 40
RESOLUTION:
(A) If an owner of an undedicated road OR STREAM BANK in 42
the unincorporated territory of the township has not provided for 43
the removal of snow, ice, debris, or other obstructions from the 44
road OR BANK, provide for such removal. Prior to providing for 48
such removal, the board of township trustees shall give, or make 49
2
good faith attempt to give, oral notice to the owner of the road 50
OR BANK of the trustees' intent to clear the road OR BANK and 51
impose a service charge for doing so. The board shall establish 52
just and equitable service charges for such removal to be paid by 53
the owners of the road OR BANK. The trustees shall keep a record 54
of the costs incurred by the township in removing snow, ice, 55
debris, or other obstructions from the road OR BANK. The service 56
charges shall be based on these costs and shall be in an amount 57
sufficient to recover these costs. If there is more than one 58
owner of the road OR BANK, the board shall allocate the service 59
charges among the owners on an equitable basis. The board shall 60
notify, in writing, each owner of the road OR BANK of the amount 61
of the service charge and shall certify the charges to the county 63
auditor. The charges shall constitute a lien upon the property. 64
The auditor shall place the charges on a special duplicate to be 65
collected as other taxes and returned to the township general 66
fund.
(B) Contract for the immediate acquisition, replacement, 69
or repair of equipment needed for the emergency situation, 70
without following the competitive bidding requirements of section 71
5549.21 or any other section of the Revised Code. 72
No emergency declared under this section shall remain in 74
effect for more than five consecutive days unless it is extended, 75
for a period of not more than five days, by a resolution adopted 76
by a unanimous vote of the board, or in the event of the 77
unavoidable absence of one trustee, by an affirmative vote of two 78
trustees. A board may make more than one such extension, but 79
each extension shall require a separate vote. 80
(C) THE REMOVAL OF SNOW, ICE, DEBRIS, OR OTHER 82
OBSTRUCTIONS FROM AN UNDEDICATED ROAD BY A BOARD OF TOWNSHIP 83
TRUSTEES ACTING PURSUANT TO A RESOLUTION ADOPTED UNDER DIVISION 84
(A) OF THIS SECTION DOES NOT CONSTITUTE APPROVAL OR ACCEPTANCE OF 85
THE UNDEDICATED ROAD.
(D) As used in this section, "undedicated road" means a 87
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road which THAT has not been approved and accepted by the board 88
of county commissioners and is not a part of the state, county, 90
or township road systems as provided in section 5535.01 of the 91
Revised Code.
Section 2. That existing section 505.82 of the Revised 93
Code is hereby repealed. 94