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As Passed by the House
122nd General Assembly
Regular Session
1997-1998 | Am. Sub. H. B. No. 653 |
REPRESENTATIVES SCHULER-BRADING-PATTON-MOTTLEY-CLANCY-BOGGS-
GARCIA-CATES-LOGAN-TAYLOR-O'BRIEN-OLMAN-WHALEN-OGG-SAWYER-
TERWILLEGER-OPFER-VAN VYVEN-LUCAS-BRITTON-JOLIVETTE-ALLEN-
CORBIN-PERZ-YOUNG-EVANS
A BILL
To amend sections 5543.10 and 5543.14 of the Revised Code to authorize
counties and townships under certain
conditions to
remove or trim trees and shrubs located in
sidewalk easements, to specify that counties and townships
may remove or trim trees and
shrubs located in road rights-of-way without the
consent of abutting
landowners, and to authorize counties and townships
to repair driveways within
a sidewalk
easement as part of a
sidewalk construction or repair
project.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 5543.10 and 5543.14 of the Revised Code be amended to
read as follows:
Sec. 5543.10. (A) The county engineer, upon the order of the board
of county
commissioners or board of township trustees, shall construct sidewalks of
suitable materials, along or connecting the public highways, outside any
municipal corporation, upon the petition of a majority of the abutting
property
owners, and the expense of construction of such sidewalks may be paid by the
county or township, or by the county or township and abutting property owners
in such proportion as determined by the board of county commissioners or board
of township trustees. The board of county commissioners or board of township
trustees may assess part or all of the cost of such sidewalks against the
abutting property owners, in proportion to benefits accruing to such property.
The board of county commissioners or board of township trustees may, by
unanimous vote, order the construction, repair, or maintenance of sidewalks
along or connecting the public highways, outside a municipal corporation,
without a petition therefor, and may assess none, all, or any
part of the cost
against abutting property owners, provided that notice is given
by publication
for three successive weeks in a newspaper of general circulation
within the
county, stating the intention of the board of county
commissioners or board of
township trustees to construct, repair, or maintain such
sidewalks, and fixing
a date for hearing on the improvement.
AS PART OF THESE SIDEWALK IMPROVEMENTS, THE BOARD MAY INCLUDE THE REPAIR OR
RECONSTRUCTION OF A DRIVEWAY WITHIN THE SIDEWALK EASEMENT.
Notice to all abutting property owners shall be given by two
publications in a
newspaper of general circulation in such county, at least ten
days prior to the
date fixed in the notice for the making of such assessments.
Such notice shall
state the time and place when abutting property owners will be
given an
opportunity to be heard with reference to assessments, and the
board of county
commissioners or board of township trustees shall determine
whether such
assessments shall be paid in one or more installments.
(B) THE COUNTY ENGINEER MAY TRIM OR REMOVE ANY AND ALL TREES AND
SHRUBS IN THE EASEMENT OF A PUBLIC SIDEWALK ALONG OR CONNECTING THE PUBLIC
HIGHWAYS AND MAINTAINED BY THE COUNTY, AND THE BOARD OF TOWNSHIP TRUSTEES MAY
TRIM OR REMOVE ANY AND ALL TREES AND SHRUBS IN THE EASEMENT OF A PUBLIC
SIDEWALK ALONG OR CONNECTING THE PUBLIC HIGHWAYS AND MAINTAINED BY THE
TOWNSHIP, AS IS NECESSARY IN THE ENGINEER'S OR BOARD'S JUDGMENT TO FACILITATE
THE RIGHT OF THE PUBLIC TO IMPROVEMENT AND MAINTENANCE OF, AND UNINTERRUPTED
TRAVEL ON, PUBLIC SIDEWALKS IN THE COUNTY OR TOWNSHIP.
Sec. 5543.14. With the consent of the abutting landowner, the
THE county engineer
shall have control of MAY TRIM OR REMOVE ANY AND all trees and
shrubs in the county roads of his
THE ENGINEER'S county, and the board of township trustees
shall
have
control of MAY TRIM OR REMOVE ANY AND
all trees and shrubs in the township roads of its township, AS IS
NECESSARY IN THE ENGINEER'S OR BOARD'S JUDGMENT TO FACILITATE THE RIGHT OF THE
PUBLIC TO IMPROVEMENT AND MAINTENANCE
OF, AND UNINTERRUPTED TRAVEL ON, COUNTY AND TOWNSHIP ROADS. THE ENGINEER OR
BOARD IS NOT REQUIRED TO COMPENSATE THE ABUTTING LANDOWNER FOR TRIMMING OR
REMOVING SUCH TREES AND SHRUBS AS IS NECESSARY TO FACILITATE
THESE RIGHTS.
The
department of
agriculture or other proper department may, with the consent of the proper
authorities and abutting landowner, take charge of the care
of such trees TO FACILITATE THESE RIGHTS.
Such department may, with the consent of the proper authorities of the
township, county, or state, plant trees along the public highway and may use
any funds available for the
development of forestry in the state to pay the expense of the planting and
care of such trees. The ownership of all trees, so planted, shall remain in
the public.
Section 2. That existing sections 5543.10 and 5543.14 of the Revised Code are
hereby repealed.
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