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H. B. No. 42 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Amstutz, Book, Harris, Stewart, Stebelton, Derickson, Okey
A BILL
To amend sections 505.99 and 1531.02 and to enact
sections 505.872, 505.873, 505.874, 505.875, and
505.876 of the Revised Code to establish
requirements and procedures for the removal of
beaver dams and beavers as ordered by boards of
township trustees.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 505.99 and 1531.02 be amended and
sections 505.872, 505.873, 505.874, 505.875, and 505.876 of the
Revised Code be enacted to read as follows:
Sec. 505.872. As used in this section and sections 505.873
to 505.876 of the Revised Code, "aggrieved owner" means the owner
of property that has been flooded by water as a result of a beaver
dam that is located on adjoining property.
Sec. 505.873. (A) If a beaver dam that exists on an owner's
property causes the adjoining owner's property to be flooded, the
owner shall remove the beaver dam and trap any beavers that are on
the owner's property. If the owner neglects to remove such a
beaver dam and trap any beavers, the aggrieved owner may file a
complaint with the board of township trustees of the township in
which the dam is located.
(B) If a complaint is filed with a board of township trustees
under division (A) of this section, the board, after not less than
ten days' written notice to the owner of the property on which the
beaver dam exists and to all adjoining property owners of the time
and place of a viewing, shall view the beaver dam and the
aggrieved owner's property. After the viewing, the board may
request additional information from the owner or the aggrieved
owner.
(C)(1) At the next regularly scheduled meeting of the board
after viewing the beaver dam and the aggrieved owner's property,
the board shall determine whether the owner on whose property the
beaver dam exists must remove the dam, trap any beavers that are
on the property, or do both.
(2)(a) If the board determines that the owner on whose
property the beaver dam exists must remove the dam, trap any
beavers that are on the property, or do both, the board shall send
a written notice by certified mail ordering the owner to perform
one of the actions specified in division (C)(1) of this section
not later than thirty days after receipt of the notice. The notice
shall serve as confirmation that a beaver dam exists on the
property and that the beaver dam is causing the aggrieved owner's
property to be flooded. The board shall send a copy of the notice
to the aggrieved owner.
(b) The board also shall send a copy of the notice that was
prepared under division (C)(2)(a) of this section to the wildlife
officer designated under section 1531.13 of the Revised Code in
whose jurisdiction the beaver dam is located. The wildlife officer
shall inform the owner of the property on which the beaver dam
exists of the applicable requirements established in Chapter 1533.
of the Revised Code and rules adopted under it governing the
trapping of beavers. The wildlife officer shall allow beavers to
be trapped for the purposes of this section notwithstanding any
provision of Chapter 1533. of the Revised Code or any rule adopted
pursuant to it to the contrary.
(3) If the board determines that the owner on whose property
the beaver dam exists does not have to remove the dam or trap any
beavers that are on the property, the board shall send a written
notice of that determination by certified mail to the owner and to
the aggrieved owner.
Sec. 505.874. (A) The cost that is incurred by a board of
township trustees for making the determination that is required in
section 505.873 of the Revised Code shall be taxed as follows:
(1) If the board determines that the owner on whose property
a beaver dam exists must remove the dam, trap any beavers that are
on the property, or do both, that owner shall be taxed. If the
owner does not pay the township fiscal officer within thirty days
from the date of the receipt of the notification of the amount to
be paid, the cost shall be certified by the fiscal officer to the
county auditor with a correct description of the property and the
amount charged against it.
(2) If the board determines that the owner on whose property
a beaver dam exists does not have to remove the dam or trap any
beavers that are on the property, that owner and the aggrieved
owner shall be taxed equally. If either owner does not pay the
township fiscal officer within thirty days from the date of the
receipt of the notification of the amount to be paid, the cost
shall be certified by the fiscal officer to the county auditor
with a correct description of the applicable property and the
amount charged against it.
(B) The county auditor shall place the amount authorized in
division (A)(1) or (2) of this section on the tax duplicate to be
collected as other taxes, and the county treasurer shall pay it,
when collected, to the township fiscal officer as other moneys are
paid.
(C) As used in this section, "cost" includes notification
costs and costs associated with the viewing of property by a board
of township trustees under section 505.873 of the Revised Code.
Sec. 505.875. (A) If the owner on whose property a beaver
dam exists and beavers are located fails to remove the dam or trap
the beavers, as applicable, as ordered by a board of township
trustees under section 505.873 of the Revised Code, the board
shall award a contract to the lowest responsible bidder agreeing
to furnish the labor and materials to remove the beaver dam and
trap the beavers, if applicable, after advertising for bids once a
week for two consecutive weeks in a newspaper of general
circulation in the county in which the township is located.
In addition, the board also may advertise for bids in trade
papers or other publications designated by the board or by
electronic means, including posting the notice on the board's
internet site, if any. If the board posts the notice on its
internet site, it may eliminate the second notice that is
otherwise required to be published in a newspaper of general
circulation in the county in which the township is located,
provided that the first notice that is published in such a
newspaper meets all of the following requirements:
(1) It is published at least two weeks before the opening of
bids.
(2) It includes a statement that the notice is posted on the
board's internet site.
(3) It includes the internet address of the board's internet
site and instructions describing how the notice may be accessed on
the internet site.
(B) If no bids are received from responsible bidders as
provided in this section, the board shall procure labor and
materials and cause the beaver dam to be removed and the beavers
to be trapped, if applicable.
(C) No person shall obstruct or interfere with anyone who is
lawfully engaged in the removal of a beaver dam or the trapping of
beavers in accordance with this section.
Sec. 505.876. (A) When the work that is provided for under
section 505.875 of the Revised Code is completed to the
satisfaction of the board of township trustees, the board shall
certify the costs to the township fiscal officer. If the costs are
not paid within thirty days by the owner on whose property the
beaver dam or beavers were located, as applicable, the township
fiscal officer shall certify them to the applicable county auditor
with a statement of the costs of the removal of the beaver dam and
trapping of the beavers, if applicable, and incidental costs
incurred by the board under that section and a correct description
of the property on which the costs are assessed.
(B) The county auditor shall place the amounts certified on
the tax duplicate, which shall become a lien and be collected as
other taxes. In anticipation of the collection of the amounts, the
auditor shall draw orders for the payment of the amounts out of
the county treasury.
Sec. 505.99. (A) Whoever violates section 505.374, 505.74,
505.75,
505.76, 505.77, or 505.94 of the Revised Code is guilty of
a minor
misdemeanor.
(B) Whoever violates section 505.875 of the Revised Code is
guilty of a misdemeanor of the third degree.
Sec. 1531.02. The ownership of and the title to all wild
animals in this state, not legally confined or held by private
ownership legally acquired, is in the state, which holds such
title in trust for the benefit of all the people. Individual
possession shall be obtained only in accordance with the Revised
Code or division rules. No person at any
time of the year shall
take in any manner or possess any number or
quantity of wild
animals, except wild animals that the Revised
Code or division
rules permit to be taken, hunted, killed, or
had in possession,
and only at the time and place and in the
manner that the Revised
Code or division rules prescribe. No
person shall buy, sell, or
offer any part of wild animals for
sale, or transport any part of
wild animals, except as permitted
by the Revised Code or division
rules. No person shall possess
or transport a wild animal that has
been taken or possessed unlawfully
outside the state.
A person doing anything prohibited or neglecting to do
anything required by this chapter or Chapter 1533. of the Revised
Code or contrary to any division rule violates this section. A
person who counsels, aids, shields, or harbors an offender under
those chapters or any division rule, or who knowingly shares in
the
proceeds of such a violation, or receives or possesses any
wild
animal in violation of the Revised Code or division rule,
violates this section.
A person who traps beavers in accordance with section 505.873
or 505.875 of the Revised Code is not in violation of this
section.
Section 2. That existing sections 505.99 and 1531.02 of the
Revised Code are hereby repealed.
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