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H. B. No. 470 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Representatives Strahorn, Collier, Combs, Evans, Harwood
A BILL
To enact section 5571.18 of the Revised Code to
authorize a board of township trustees to order
township workers to enter upon land in order to
remove vegetation that blocks or otherwise
interferes with the sight lines of motorists
traveling on township roads.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 5571.18 of the Revised Code be
enacted to read as follows:
Sec. 5571.18. (A) If a board of township trustees determines
upon the basis of evidence submitted by the county engineer that,
at a particular location, vegetation located on land that is
located on a township road constitutes a clear and present danger
to the safety of traveling public, which may include pedestrians,
because the vegetation blocks or otherwise interferes with the
sight lines of operators of motor vehicles traveling on that
township road, the board shall send a written notice to the owner
of that land informing the owner of that fact and also
particularly describing the vegetation at issue. The notice shall
direct the owner to remove that vegetation forthwith, but in no
case later than fifteen days after the date of the notice. The
notice further shall inform the owner that if the owner does not
remove the vegetation at issue within that fifteen-day period, the
board shall cause the vegetation to be removed and the owner shall
be liable for all costs of the removal.
(B) If a board issues a notice to the owner of the land
pursuant to division (A) of this section and the owner does not
remove the vegetation described in the notice in a timely manner,
the board shall issue an order directing that employees of the
township enter upon the land and remove the vegetation at issue.
The board shall give notice of the proposed entry to the owner and
the person in possession of the land, if such person is not the
owner, by such means as are reasonably available not less than
three days but not more than seven days prior to the date of such
entry. The township employees shall enter upon the land and shall
remove the vegetation at issue and nothing more, and such entry
does not constitute a trespass.
(C) The board of township trustees shall make a written
report to the county auditor of the board's action under this
section. The board shall include in the report a proper
description of the premises and a statement of all expenses the
township incurred in having township employees remove the
vegetation at issue, including any costs incurred in providing the
required notice and the amount the township paid for labor,
materials, fuel, and equipment. The expenses incurred shall be
entered upon the tax duplicate and are a lien upon the land from
the date of the entry. They shall be collected as taxes are
collected and shall be returned to the township and placed in the
township general fund.
(D) The board shall make restitution or reimbursement for any
actual damage done to the land or to improvements or personal
property located on such land by the township employees that is
not incidental to the removal of the vegetation. If the township
and owner of the land are unable to agree upon restitution or
other settlement, damages are recoverable by civil action to which
the township hereby consents, except that the value of the
vegetation removed is not recoverable.
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