Fiscal Note & Local Impact Statement
127 th General Assembly of Ohio
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BILL: |
DATE: |
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STATUS: |
SPONSOR: |
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LOCAL IMPACT
STATEMENT REQUIRED: |
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CONTENTS: |
To authorize a board of township trustees to remove vegetation
that blocks or otherwise interferes with the sight lines of motorists
traveling on township roads |
·
No
direct fiscal effect on the state.
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LOCAL
GOVERNMENT |
FY 2008 |
FY 2009 |
FUTURE YEARS |
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Townships |
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Revenues |
Potential offsetting gain
to recoup vegetation removal costs |
Potential offsetting gain
to recoup vegetation removal costs |
Potential offsetting gain
to recoup vegetation removal costs |
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Expenditures |
Potential increase in
vegetation removal costs |
Potential increase in
vegetation removal costs |
Potential increase in
vegetation removal costs |
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Note: The state fiscal year is July 1 through June 30. For example, FY 2008 is July 1, 2007 through June 30, 2008.
·
While
townships could incur costs for vegetation removal, it allows these costs to be
applied to the property owner's tax bill.
This means that any new costs, most likely minimal, could be recouped
via additional property tax assessment.
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Background
In general, townships have a
duty to maintain their roads.
Specifically, current law states that "the board of township
trustees shall have control of the township roads of its township
and . . . shall keep them in good repair." Current law allows the removal of vegetation
that either is growing on the public right-of-way or encroaching on it. Also, a board of township trustees must destroy
all brush, briers, burrs, vines, and noxious weeds growing within the limits of
a township road. However, these
provisions do not allow township workers to enter onto private property and
remove vegetation that is located wholly on that private property, even if the
vegetation hinders the sight lines of motorists traveling on township
roads. The bill would give townships'
employees authority to do so, provided certain procedures are followed.
Procedures of the bill
If a board of township
trustees determines, based upon 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 the
traveling public, the board must send a written notice informing the land owner
of the situation and allowing the owner to remove that vegetation within 15
days. The notice further must inform
the owner that if the owner does not remove the vegetation within that period,
the board will remove the vegetation at the owner's expense. If a board issues such a notice and the owner
does not remove the described vegetation in a timely manner, the board must
issue an order directing township employees to enter upon the land and remove
the vegetation. The board must give
notice of the "proposed" entry to the owner and to the person
possessing the land, if that person is not the owner, by reasonably available
means not less than three, but not more than seven, days before the entry date.
Recouping removal costs
Once a township enters
private property and removes the vegetation, the bill requires the township to
submit a report to the county auditor, detailing the expenses incurred with the
removal of the vegetation, which includes the costs for providing all required
notices. This amount is then entered on
the tax duplicate and placed as a lien on the land. These amounts would then be collected when the taxes for the land
are collected, and deposited into the township's general fund. The township is required to pay restitution
for any damages to the private property that occur as a result of vegetation
removal. Should a township elect to use
the authority granted to it in the bill, there would likely be no net fiscal
effect as any expenses incurred would be repaid as taxes are collected.
LSC fiscal staff: Terry Steele, Budget Analyst