As Reported by the Senate State and Local Government and 1
Veterans Affairs Committee 2
122nd General Assembly 5
Regular Session Am. 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-REID-BRADING-CORBIN-LEWIS-GARDNER-VESPER-VERICH- 10
HARRIS-GERBERRY-MYERS-STAPLETON-GRENDELL-JOHNSON-SAWYER- 11
HAINES-BENDER-MALLORY-SENATORS SCHAFRATH-NEIN-ZALESKI 12
14
A B I L L
To amend section 505.82 of the Revised Code to allow 16
a board of township trustees to adopt a 17
resolution to provide snow and debris removal 18
from undedicated roads in emergencies during any 19
one-month period.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That section 505.82 of the Revised Code be 22
amended to read as follows: 23
Sec. 505.82. If a board of township trustees by a 32
unanimous vote, or, in the event of the unavoidable absence of 33
one trustee, by an affirmative vote of two trustees adopts a 34
resolution declaring that an emergency exists which threatens 35
life or property within the unincorporated territory of the 36
township OR THAT SUCH AN EMERGENCY IS IMMINENT, the board may 37
exercise the following powers for the duration of DURING the 38
emergency IN THE ONE-MONTH PERIOD FOLLOWING THE ADOPTION OF THE 39
RESOLUTION:
(A) If an owner of an undedicated road in the 41
unincorporated territory of the township has not provided for the 42
removal of snow, ice, debris, or other obstructions from the 43
road, provide for such removal. Prior to providing for such 47
2
removal, the board of township trustees shall give, or make good 48
faith attempt to give, oral notice to the owner of the road of 49
the trustees' intent to clear the road and impose a service 50
charge for doing so. The board shall establish just and 51
equitable service charges for such removal to be paid by the 52
owners of the road. The trustees shall keep a record of the 53
costs incurred by the township in removing snow, ice, debris, or 54
other obstructions from the road. The service charges shall be 55
based on these costs and shall be in an amount sufficient to 56
recover these costs. If there is more than one owner of the 57
road, the board shall allocate the service charges among the 58
owners on an equitable basis. The board shall notify, in 59
writing, each owner of the road of the amount of the service 60
charge and shall certify the charges to the county auditor. The 62
charges shall constitute a lien upon the property. The auditor 63
shall place the charges on a special duplicate to be collected as 64
other taxes and returned to the township general fund. 65
(B) Contract for the immediate acquisition, replacement, 68
or repair of equipment needed for the emergency situation, 69
without following the competitive bidding requirements of section 70
5549.21 or any other section of the Revised Code. 71
No emergency declared under this section shall remain in 73
effect for more than five consecutive days unless it is extended, 74
for a period of not more than five days, by a resolution adopted 75
by a unanimous vote of the board, or in the event of the 76
unavoidable absence of one trustee, by an affirmative vote of two 77
trustees. A board may make more than one such extension, but 78
each extension shall require a separate vote. 79
(C) THE REMOVAL OF SNOW, ICE, DEBRIS, OR OTHER 81
OBSTRUCTIONS FROM AN UNDEDICATED ROAD BY A BOARD OF TOWNSHIP 82
TRUSTEES ACTING PURSUANT TO A RESOLUTION ADOPTED UNDER DIVISION 83
(A) OF THIS SECTION DOES NOT CONSTITUTE APPROVAL OR ACCEPTANCE OF 84
THE UNDEDICATED ROAD.
(D) As used in this section, "undedicated road" means a 86
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road which THAT has not been approved and accepted by the board 87
of county commissioners and is not a part of the state, county, 89
or township road systems as provided in section 5535.01 of the 90
Revised Code.
Section 2. That existing section 505.82 of the Revised 92
Code is hereby repealed. 93