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(122nd General Assembly)(Amended Substitute House Bill Number 304)
To amend section 505.82 of the Revised Code to allow a
board of township trustees to adopt a resolution to provide snow and debris
removal from undedicated roads and stream banks
in emergencies during any one-month period.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That section 505.82 of the Revised Code be
amended to read as follows:
Sec. 505.82. If a board of township trustees by a
unanimous vote, or, in the event of the unavoidable absence of
one trustee, by an affirmative vote of two trustees adopts a
resolution declaring that an emergency exists which threatens
life or property within the unincorporated territory of the
township or that such an emergency is imminent, the board may exercise
the following powers
for the duration of during the emergency
in the one-month period following the adoption of the resolution:
If Notwithstanding section 1517.16 Of the Revised Code, if an owner of an
undedicated road or stream bank in the
unincorporated territory of the township has not provided for the
removal of snow, ice, debris, or other obstructions from the
road or bank, provide
for such removal.
Prior to providing
removal, the board of township trustees shall give, or make good
faith attempt to give, oral notice to the owner of the road or bank of
the trustees' intent to clear the road or bank and impose a service
charge for doing so. The board shall establish just and
equitable service charges for such removal to be paid by the
owners of the road or bank. The trustees shall keep a record of the
costs incurred by the township in removing snow, ice, debris, or
other obstructions from the road or bank. The service charges shall be
based on these costs and shall be in an amount sufficient to
recover these costs. If there is more than one owner of the
road or bank, the board shall allocate the service charges among the
owners on an equitable basis. The board shall notify, in
writing, each owner of the road or bank of the amount of the service
shall certify the charges to the county auditor. The
charges shall constitute a lien upon the property. The auditor
shall place the charges on a special duplicate to be collected as
other taxes and returned to the township general fund.
(B) Contract for the
immediate acquisition, replacement,
or repair of equipment needed for the emergency situation,
without following the competitive bidding requirements of section
5549.21 or any other section of the Revised Code.
No emergency declared under this section shall remain in
effect for more than five consecutive days unless it is extended,
for a period of not more than five days, by a resolution adopted
by a unanimous vote of the board, or in the event of the
unavoidable absence of one trustee, by an affirmative vote of two
trustees. A board may make more than one such extension, but
each extension shall require a separate vote.
(C) The removal of snow, ice, debris, or other obstructions from
an undedicated road by a board of township trustees acting pursuant to a
resolution adopted under division (A) of this section does not
constitute approval or acceptance of the undedicated road.
(D) As used in this section, "undedicated road" means a road
which that has not been approved and accepted by the board of
commissioners and is not a part of the state, county, or township
road systems as provided in section 5535.01 of the Revised Code.
SECTION 2 . That existing section 505.82 of the Revised
Code is hereby repealed.