As Passed by the Senate 1
122nd General Assembly 4
Regular Session Am. 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-SENATORS SCHAFRATH-NEIN-ZALESKI- 11
FINAN-BLESSING-DRAKE-WHITE 12
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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 and stream banks in 19
emergencies during any 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 NOTWITHSTANDING SECTION 1517.16 OF THE REVISED 41
CODE, IF an owner of an undedicated road OR STREAM BANK in the 42
unincorporated territory of the township has not provided for the 43
removal of snow, ice, debris, or other obstructions from the road 45
2
OR BANK, provide for such removal. Prior to providing for such 48
removal, the board of township trustees shall give, or make good 49
faith attempt to give, oral notice to the owner of the road OR 50
BANK of the trustees' intent to clear the road OR BANK and impose 51
a service charge for doing so. The board shall establish just 52
and equitable service charges for such removal to be paid by the 53
owners of the road OR BANK. The trustees shall keep a record of 54
the costs incurred by the township in removing snow, ice, debris, 55
or other obstructions from the road OR BANK. The service charges 56
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
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THE UNDEDICATED ROAD.
(D) As used in this section, "undedicated road" means a 87
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