Sub. H. B. No. 470 As Passed by the House

Cosponsors: Representatives Strahorn, Collier, Combs, Evans, Harwood, Uecker, Wagner, McGregor, J., Bacon, Batchelder, Blessing, Bubp, Coley, Flowers, Grady, Hagan, J., Hughes, Koziura, Lundy, Nero, Newcomb, Schneider, Zehringer

Section 1. That section 5543.14 be amended and sections	15
503.35, 5543.15, and 5571.18 of the Revised Code be enacted to	16
read as follows:	17

Sec. 503.35. (A) A board of township trustees may require	18
that a ditch or culvert located on property in the township be	19
cleaned out if the ditch or culvert has become partially or	20
totally obstructed and, because of the obstruction, flooding of a	21
road or other public property may result.	22

(B) The board shall provide written notice that action to	23
remove an obstruction is necessary to the owner of the property on	24
which is located a ditch or culvert that has become partially or	25
totally obstructed. The notice shall specify a reasonable time	26
period of not less than fifteen days after the date of the notice	27
within which the owner of the property shall remove or provide for	28
the removal of the obstruction. The notice also shall inform the	29
owner of the property that if the owner does not remove or provide	30
for the removal of the obstruction within the time period	31
specified in the notice, the board will provide for the removal of	32
the obstruction and, if the board makes the report permitted under	33
division (E) of this section, the owner will be liable for all	34
costs of the removal.	35

(C) If the owner of property who has received a notice under	36
division (B) of this section fails to remove or provide for the	37
removal of an obstruction in a ditch or culvert as required by the	38
notice, the board of township trustees shall provide additional	39
notice in writing to the owner that the board intends to take	40
actions to remove the obstruction. Not less than three days after	41
the issuance of the notice, the board shall provide for the	42
removal of the obstruction. The board may employ the necessary	43
labor, materials, and equipment to perform the task. All expenses	44
incurred, when approved by the board, shall be paid out of the	45
township general fund from moneys not otherwise appropriated. The	46
entrance on a person's property to remove an obstruction as	47
authorized by this section does not constitute a trespass.	48

(D) In the event of an emergency, a board of township	49
trustees or the board's designee may enter on private property for	50
the purpose of removing an obstruction in a ditch or culvert	51
without providing prior notice to the owner of the property as	52
otherwise required by this section.	53

(E) A board of township trustees may make a written report	54
to the county auditor of the board's actions under this section.	55
The board shall include in the report a proper description of the	56
property at issue and a statement of all expenses incurred in	57
providing for the removal of any obstruction as provided in	58
division (C) or (D) of this section, including the board's charges	59
for its services, the costs incurred in providing notice, any fees	60
or interest paid to borrow moneys, and the amount paid for labor,	61
materials, and equipment. The expenses incurred shall be entered	62
on the tax duplicate, are a lien on the land from the date of the	63
entry, shall be collected as other taxes, and shall be returned	64
to the township and placed in the township general fund.	65

Sec. 5543.14. The county engineer may trim or remove any	66
and all trees, shrubs, and other vegetation growing in or	67
encroaching onto the right-of-way of the county roads of the	68
engineer's county, and the board of township trustees may trim or	69
remove any and all trees, shrubs, and other vegetation growing in	70
or encroaching onto the right-of-way of the township roads of its	71
township, as is necessary in the engineer's or board's judgment to	72
facilitate the right of the public to improvement and maintenance	73
of, and uninterrupted travel on, county and township roads. The	74
engineer or board is not required to compensate the abutting	75
landowner for trimming or removing such trees, shrubs, and other	76
vegetation as is necessary to facilitate these rights. Except in	77
the case of an emergency, at least seven days before trimming or	78
removing any such trees, shrubs, and other vegetation, the	79
engineer or board shall send a written notice by certified mail	80
generally describing the trees, shrubs, and other vegetation to	81
be trimmed or removed to the abutting landowner of the	82
engineer's or board's intention to trim or remove the trees,	83
shrubs, and other vegetation. The notice shall state that the	84
engineer or board is not required to compensate the abutting	85
landowner for trimming or removing the trees, shrubs, and other	86
vegetation. The department of agriculture or other proper	87
department may, with the consent of the proper authorities, take	88
charge of the care of such trees to facilitate these rights.	89
Such department may, with the consent of the proper authorities	90
of the township, county, or state, plant trees along the public	91
highway and may use any funds available for the development of	92
forestry in the state to pay the expense of the planting and care	93
of such trees. The ownership of all trees, so planted, shall	94
remain in the public.	95

Sec. 5543.15. (A) If a county engineer determines upon the	96
basis of evidence that, at a particular location, vegetation	97
located on land that is located on a county road constitutes a	98
clear and present danger to the safety of traveling public,	99
which may include pedestrians, because the vegetation blocks or	100
otherwise interferes with the sight lines of operators of motor	101
vehicles traveling on that county road, the engineer shall send	102
a written notice by certified mail to the owner of that land	103
informing the owner of that fact and also particularly describing	104
the vegetation at issue.	105

The notice shall direct the owner to remove that vegetation	106
forthwith, but in no case later than fifteen days after the date	107
of the notice. The notice further shall inform the owner that if	108
the owner does not remove the vegetation at issue within that	109
fifteen-day period, the engineer will cause the vegetation to be	110
removed and, if the engineer makes the report permitted under	111
division (C) of this section, the owner will be liable for all	112
costs of the removal.	113

(B) If a county engineer issues a notice to the owner of the	114
land pursuant to division (A) of this section and the owner does	115
not remove the vegetation described in the notice in a timely	116
manner, the engineer shall issue an order directing that the	117
engineer or employees or designees of the engineer enter upon the	118
land and remove the vegetation at issue. The engineer shall give	119
notice of the proposed entry to the owner and the person in	120
possession of the land, if such person is not the owner, by such	121
means as are reasonably available not less than three days but	122
not more than seven days prior to the date of such entry. The	123
engineer or employees or designees of the engineer shall enter	124
upon the land and shall remove the vegetation at issue and	125
nothing more, and such entry does not constitute a trespass. If	126
the engineer makes the report permitted under division (C) of	127
this section, the owner is liable to reimburse the engineer for	128
expenses the engineer incurred in having the vegetation at issue	129
removed.	130

(C) The county engineer may make a written report to the	131
county auditor of the engineer's action under this section. The	132
engineer shall include in any such report a proper description	133
of the premises and a statement of all expenses the county	134
incurred in having the vegetation at issue removed, including	135
any costs incurred in providing the required notice and the	136
amount the county paid for labor, materials, fuel, and	137
equipment. The expenses incurred shall be entered upon the tax	138
duplicate and are a lien upon the land from the date of the	139
entry. They shall be collected as taxes are collected and shall	140
be returned to the county and placed in the county general fund.	141

(D) The county engineer shall make restitution or	142
reimbursement for any actual damage done to the land or to	143
improvements or personal property located on such land by the	144
engineer or employees or designees of the engineer that is not	145
incidental to the removal of the vegetation.	146

(E) A county, county engineer, and any employee or designee	147
of an engineer, is not liable in damages in a civil action for	148
any injury, death, or loss to person or property that allegedly	149
arises under this section.	150

Sec. 5571.18. (A) If a board of township trustees determines	151
upon the basis of evidence submitted by the county engineer that,	152
at a particular location, vegetation located on land that is	153
located on a township road constitutes a clear and present danger	154
to the safety of traveling public, which may include pedestrians,	155
because the vegetation blocks or otherwise interferes with the	156
sight lines of operators of motor vehicles traveling on that	157
township road, the board shall send a written notice by certified	158
mail to the owner of that land informing the owner of that fact	159
and also particularly describing the vegetation at issue.	160

(B) If a board issues a notice to the owner of the land	169
pursuant to division (A) of this section and the owner does not	170
remove the vegetation described in the notice in a timely manner,	171
the board shall issue an order directing that the board or	172
employees or designees of the board enter upon the land and remove	173
the vegetation at issue. The board shall give notice of the	174
proposed entry to the owner and the person in possession of the	175
land, if such person is not the owner, by such means as are	176
reasonably available not less than three days but not more than	177
seven days prior to the date of such entry. The board or	178
employees or designees of the board shall enter upon the land and	179
shall remove the vegetation at issue and nothing more, and such	180
entry does not constitute a trespass. If the board makes the	181
report permitted under division (C) of this section, the owner is	182
liable to reimburse the board for expenses the board incurred in	183
having the vegetation at issue removed.	184

(C) The board of township trustees may make a written report	185
to the county auditor of the board's action under this section.	186
The board shall include in any such report a proper description	187
of the premises and a statement of all expenses the township	188
incurred in having the vegetation at issue removed, including any	189
costs incurred in providing the required notice and the amount	190
the township paid for labor, materials, fuel, and equipment. The	191
expenses incurred shall be entered upon the tax duplicate and are	192
a lien upon the land from the date of the entry. They shall be	193
collected as taxes are collected and shall be returned to the	194
township and placed in the township general fund.	195

(D) The board shall make restitution or reimbursement for any	196
actual damage done to the land or to improvements or personal	197
property located on such land by the board or employees or	198
designees of the board that is not incidental to the removal of	199
the vegetation. If the township and owner of the land are unable	200
to agree upon restitution or other settlement, damages are	201
recoverable by civil action to which the township hereby	202
consents, except that the value of the vegetation removed is not	203
recoverable.	204

(E) A township, board, and any employee or designee of a	205
board, is not liable in damages in a civil action for any	206
injury, death, or loss to person or property that allegedly	207
arises under this section.	208

Section 2. That existing section 5543.14 of the Revised Code	209
is hereby repealed.	210