To amend section 5543.14 and to enact sections 503.35, 5543.15, and 5571.18 of the Revised Code to authorize a board of county commissioners and a board of township trustees to order removal of vegetation on private property that blocks or otherwise interferes with the sight lines of motorists traveling on county or township roads, to authorize a board of township trustees to require certain ditches or culverts located in the township to be cleaned, and to require notice to be given to abutting landowners before the trimming or removal of certain vegetation growing in or encroaching onto the right-of-way of county or township roads.

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

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

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

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

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

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

Sec. 5543.14.  The county engineer may trim or remove any and all trees, shrubs, and other vegetation growing in or encroaching onto the right-of-way of the county roads of the engineer's county, and the board of township trustees may trim or remove any and all trees, shrubs, and other vegetation growing in or encroaching onto the right-of-way of 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, shrubs, and other vegetation as is necessary to facilitate these rights. Except in the case of an emergency, at least seven days before trimming or removing any such trees, shrubs, and other vegetation, the engineer or board shall send a written notice by certified mail generally describing the trees, shrubs, and other vegetation to be trimmed or removed to the abutting landowner of the engineer's or board's intention to trim or remove the trees, shrubs, and other vegetation. The notice shall state that the engineer or board is not required to compensate the abutting landowner for trimming or removing the trees, shrubs, and other vegetation. The department of agriculture or other proper department may, with the consent of the proper authorities, 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.

Sec. 5543.15. (A) If a county engineer determines upon the basis of evidence that, at a particular location, vegetation located on land that is located on a county 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 county road, the engineer shall send a written notice by certified mail 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 engineer will cause the vegetation to be removed and, if the engineer makes the report permitted under division (C) of this section, the owner will be liable for all costs of the removal.

(B) If a county engineer 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 engineer shall issue an order directing that the engineer or employees or designees of the engineer enter upon the land and remove the vegetation at issue. The engineer 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 engineer or employees or designees of the engineer shall enter upon the land and shall remove the vegetation at issue and nothing more, and such entry does not constitute a trespass. If the engineer makes the report permitted under division (C) of this section, the owner is liable to reimburse the engineer for expenses the engineer incurred in having the vegetation at issue removed.

(C) The county engineer may make a written report to the county auditor of the engineer's action under this section. The engineer shall include in any such report a proper description of the premises and a statement of all expenses the county incurred in having the vegetation at issue removed, including any costs incurred in providing the required notice and the amount the county 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 county and placed in the county general fund.

(D) The county engineer 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 engineer or employees or designees of the engineer that is not incidental to the removal of the vegetation.

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

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 by certified mail 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 will cause the vegetation to be removed and, if the board makes the report permitted under division (C) of this section, the owner will 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 the board or employees or designees of the board 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 board or employees or designees of the board shall enter upon the land and shall remove the vegetation at issue and nothing more, and such entry does not constitute a trespass. If the board makes the report permitted under division (C) of this section, the owner is liable to reimburse the board for expenses the board incurred in having the vegetation at issue removed.

(C) The board of township trustees may make a written report to the county auditor of the board's action under this section. The board shall include in any such report a proper description of the premises and a statement of all expenses the township incurred in having the vegetation at issue removed, 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 board or employees or designees of the board 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.

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

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