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H. B. No. 560 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Representative Anielski Speaker Batchelder Representatives Combs, Hagan, C., Huffman, Kozlowski, McGregor, Pelanda, Sears, Terhar, Uecker, Wachtmann, Young
A BILL
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
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.
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