As Passed by the Senate                       1            

122nd General Assembly                                             4            

   Regular Session                            Sub. H. B. No. 653   5            

      1997-1998                                                    6            


  REPRESENTATIVES SCHULER-BRADING-PATTON-MOTTLEY-CLANCY-BOGGS-     8            

   GARCIA-CATES-LOGAN-TAYLOR-O'BRIEN-OLMAN-WHALEN-OGG-SAWYER-      9            

   TERWILLEGER-OPFER-VAN VYVEN-LUCAS-BRITTON-JOLIVETTE-ALLEN-      10           

     CORBIN-PERZ-YOUNG-EVANS-SENATORS CARNES-BLESSING-GAETH-       11           

                          MUMPER-WHITE                             12           


_________________________________________________________________   14           

                          A   B I L L                                           

             To amend sections 5543.10 and 5543.14 of the Revised  16           

                Code to authorize counties and townships under     17           

                certain conditions to remove or trim trees,        19           

                shrubs, and other vegetation located in or         20           

                encroaching on sidewalk easements, to specify      21           

                that counties and townships may remove or trim     22           

                trees, shrubs, and other vegetation located in or  23           

                encroaching on road rights-of-way without the      24           

                consent of abutting landowners, and to authorize   26           

                counties and townships to repair driveways within  27           

                a sidewalk easement as part of a sidewalk          30           

                construction or repair project.                    31           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        33           

      Section 1.  That sections 5543.10 and 5543.14 of the         35           

Revised Code be amended to read as follows:                        36           

      Sec. 5543.10.  (A)  The county engineer, upon the order of   45           

the board of county commissioners or board of township trustees,   47           

shall construct sidewalks of suitable materials, along or          48           

connecting the public highways, outside any municipal              49           

corporation, upon the petition of a majority of the abutting                    

property owners, and the expense of construction of such           51           

sidewalks may be paid by the county or township, or by the county  52           

                                                          2      


                                                                 
or township and abutting property owners in such proportion as     53           

determined by the board of county commissioners or board of        54           

township trustees.  The board of county commissioners or board of               

township trustees may assess part or all of the cost of such       55           

sidewalks against the abutting property owners, in proportion to   56           

benefits accruing to such property.                                             

      The board of county commissioners or board of township       58           

trustees may, by unanimous vote, order the construction, repair,   59           

or maintenance of sidewalks along or connecting the public         60           

highways, outside a municipal corporation, without a petition      61           

therefor, and may assess none, all, or any part of the cost        62           

against abutting property owners, provided that notice is given    63           

by publication for three successive weeks in a newspaper of        65           

general circulation within the county, stating the intention of    67           

the board of county commissioners or board of township trustees    69           

to construct, repair, or maintain such sidewalks, and fixing a     71           

date for hearing on the improvement.  AS PART OF THESE SIDEWALK    72           

IMPROVEMENTS, THE BOARD MAY INCLUDE THE REPAIR OR RECONSTRUCTION   73           

OF A DRIVEWAY WITHIN THE SIDEWALK EASEMENT.                                     

      Notice to all abutting property owners shall be given by     75           

two publications in a newspaper of general circulation in such     77           

county, at least ten days prior to the date fixed in the notice    79           

for the making of such assessments.  Such notice shall state the   81           

time and place when abutting property owners will be given an      82           

opportunity to be heard with reference to assessments, and the     83           

board of county commissioners or board of township trustees shall  85           

determine whether such assessments shall be paid in one or more    87           

installments.                                                                   

      (B)  THE COUNTY ENGINEER MAY TRIM OR REMOVE ANY AND ALL      89           

TREES, SHRUBS, AND OTHER VEGETATION GROWING IN OR ENCROACHING      90           

ONTO THE RIGHT-OF-WAY OF THE EASEMENT OF A PUBLIC SIDEWALK ALONG   91           

OR CONNECTING THE PUBLIC HIGHWAYS AND MAINTAINED BY THE COUNTY,    92           

AND THE BOARD OF TOWNSHIP TRUSTEES MAY TRIM OR REMOVE ANY AND ALL  93           

TREES, SHRUBS, AND OTHER VEGETATION GROWING IN OR ENCROACHING      94           

                                                          3      


                                                                 
ONTO THE RIGHT-OF-WAY OF THE EASEMENT OF A PUBLIC SIDEWALK ALONG   95           

OR CONNECTING THE PUBLIC HIGHWAYS AND MAINTAINED BY THE TOWNSHIP,  96           

AS IS NECESSARY IN THE ENGINEER'S OR BOARD'S JUDGMENT TO                        

FACILITATE THE RIGHT OF THE PUBLIC TO IMPROVEMENT AND MAINTENANCE  97           

OF, AND UNINTERRUPTED TRAVEL ON, PUBLIC SIDEWALKS IN THE COUNTY    98           

OR TOWNSHIP.                                                                    

      Sec. 5543.14.  With the consent of the abutting landowner,   107          

the THE county engineer shall have control of MAY TRIM OR REMOVE   109          

ANY AND all trees and, shrubs in, AND OTHER VEGETATION GROWING IN  111          

OR ENCROACHING ONTO THE RIGHT-OF-WAY OF the county roads of his    112          

THE ENGINEER'S county, and the board of township trustees shall    114          

have control of MAY TRIM OR REMOVE ANY AND all trees and, shrubs   117          

in, AND OTHER VEGETATION GROWING IN OR ENCROACHING ONTO THE        118          

RIGHT-OF-WAY OF the township roads of its township, AS IS          120          

NECESSARY IN THE ENGINEER'S OR BOARD'S JUDGMENT TO FACILITATE THE  121          

RIGHT OF THE PUBLIC TO IMPROVEMENT AND MAINTENANCE OF, AND         123          

UNINTERRUPTED TRAVEL ON, COUNTY AND TOWNSHIP ROADS.  THE ENGINEER               

OR BOARD IS NOT REQUIRED TO COMPENSATE THE ABUTTING LANDOWNER FOR  124          

TRIMMING OR REMOVING SUCH TREES, SHRUBS, AND OTHER VEGETATION AS   125          

IS NECESSARY TO FACILITATE THESE RIGHTS.  The department of        129          

agriculture or other proper department may, with the consent of    130          

the proper authorities and abutting landowner, take charge of the  131          

care of such trees TO FACILITATE THESE RIGHTS.  Such department    133          

may, with the consent of the proper authorities of the township,   134          

county, or state, plant trees along the public highway and may                  

use any funds available for the development of forestry in the     136          

state to pay the expense of the planting and care of such trees.   137          

The ownership of all trees, so planted, shall remain in the        138          

public.                                                                         

      Section 2.  That existing sections 5543.10 and 5543.14 of    140          

the Revised Code are hereby repealed.                              141