| Sec. 5571.18. (A) If a board of township trustees determines | 9 |
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upon the basis of evidence submitted by the county engineer that, | 10 |
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at a particular location, vegetation located on land that is | 11 |
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located on a township road constitutes a clear and present danger | 12 |
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to the safety of traveling public, which may include pedestrians, | 13 |
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because the vegetation blocks or otherwise interferes with the | 14 |
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sight lines of operators of motor vehicles traveling on that | 15 |
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township road, the board shall send a written notice to the owner | 16 |
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of that land informing the owner of that fact and also | 17 |
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particularly describing the vegetation at issue. The notice shall | 18 |
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direct the owner to remove that vegetation forthwith, but in no | 19 |
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case later than fifteen days after the date of the notice. The | 20 |
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notice further shall inform the owner that if the owner does not | 21 |
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remove the vegetation at issue within that fifteen-day period, the | 22 |
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board shall cause the vegetation to be removed and the owner shall | 23 |
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be liable for all costs of the removal. | 24 |
| (B) If a board issues a notice to the owner of the land | 25 |
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pursuant to division (A) of this section and the owner does not | 26 |
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remove the vegetation described in the notice in a timely manner, | 27 |
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the board shall issue an order directing that employees of the | 28 |
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township enter upon the land and remove the vegetation at issue. | 29 |
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The board shall give notice of the proposed entry to the owner and | 30 |
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the person in possession of the land, if such person is not the | 31 |
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owner, by such means as are reasonably available not less than | 32 |
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three days but not more than seven days prior to the date of such | 33 |
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entry. The township employees shall enter upon the land and shall | 34 |
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remove the vegetation at issue and nothing more, and such entry | 35 |
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does not constitute a trespass. | 36 |
| (C) The board of township trustees shall make a written | 37 |
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report to the county auditor of the board's action under this | 38 |
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section. The board shall include in the report a proper | 39 |
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description of the premises and a statement of all expenses the | 40 |
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township incurred in having township employees remove the | 41 |
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vegetation at issue, including any costs incurred in providing the | 42 |
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required notice and the amount the township paid for labor, | 43 |
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materials, fuel, and equipment. The expenses incurred shall be | 44 |
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entered upon the tax duplicate and are a lien upon the land from | 45 |
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the date of the entry. They shall be collected as taxes are | 46 |
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collected and shall be returned to the township and placed in the | 47 |
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township general fund. | 48 |
| (D) The board shall make restitution or reimbursement for any | 49 |
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actual damage done to the land or to improvements or personal | 50 |
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property located on such land by the township employees that is | 51 |
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not incidental to the removal of the vegetation. If the township | 52 |
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and owner of the land are unable to agree upon restitution or | 53 |
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other settlement, damages are recoverable by civil action to which | 54 |
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the township hereby consents, except that the value of the | 55 |
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vegetation removed is not recoverable. | 56 |