Bill Text: OH HB560 | 2011-2012 | 129th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 14-0)

Status: (Introduced - Dead) 2012-05-24 - To Local Government [HB560 Detail]

Download: Ohio-2011-HB560-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 560

Representative Lynch 

Cosponsors: Representative Anielski Speaker Batchelder  Representatives Combs, Hagan, C., Huffman, Kozlowski, McGregor, Pelanda, Sears, Terhar, Uecker, Wachtmann, Young 

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A BILL

To amend section 5543.14 and to enact sections

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503.35, 5543.15, and 5571.18 of the Revised Code

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to authorize a board of county commissioners and a

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board of township trustees to order removal of

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vegetation on private property that blocks or

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otherwise interferes with the sight lines of

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motorists traveling on county or township roads,

7

to authorize a board of township trustees to

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require certain ditches or culverts located in the

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township to be cleaned, and to require notice to

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be given to abutting landowners before the

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trimming or removal of certain vegetation growing

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in or encroaching onto the right-of-way of county

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or township roads.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 5543.14 be amended and sections	15
503.35, 5543.15, and 5571.18 of the Revised Code be enacted to	16
read as follows:	17

Sec. 503.35. (A) A board of township trustees may require	18
that a ditch or culvert located on property in the township be	19
cleaned out if the ditch or culvert has become partially or	20
totally obstructed and, because of the obstruction, flooding of a	21
road or other public property may result.	22

(B) The board shall provide written notice that action to	23
remove an obstruction is necessary to the owner of the property on	24
which is located a ditch or culvert that has become partially or	25
totally obstructed. The notice shall specify a reasonable time	26
period of not less than fifteen days after the date of the notice	27
within which the owner of the property shall remove or provide for	28
the removal of the obstruction. The notice also shall inform the	29
owner of the property that if the owner does not remove or provide	30
for the removal of the obstruction within the time period	31
specified in the notice, the board will provide for the removal of	32
the obstruction and, if the board makes the report permitted under	33
division (E) of this section, the owner will be liable for all	34
costs of the removal.	35

(C) If the owner of property who has received a notice under	36
division (B) of this section fails to remove or provide for the	37
removal of an obstruction in a ditch or culvert as required by the	38
notice, the board of township trustees shall provide additional	39
notice in writing to the owner that the board intends to take	40
actions to remove the obstruction. Not less than three days after	41
the issuance of the notice, the board shall provide for the	42
removal of the obstruction. The board may employ the necessary	43
labor, materials, and equipment to perform the task. All expenses	44
incurred, when approved by the board, shall be paid out of the	45
township general fund from moneys not otherwise appropriated. The	46
entrance on a person's property to remove an obstruction as	47
authorized by this section does not constitute a trespass.	48

(D) In the event of an emergency, a board of township	49
trustees or the board's designee may enter on private property for	50
the purpose of removing an obstruction in a ditch or culvert	51
without providing prior notice to the owner of the property as	52
otherwise required by this section.	53

(E) A board of township trustees may make a written report to	54
the county auditor of the board's actions under this section. The	55
board shall include in the report a proper description of the	56
property at issue and a statement of all expenses incurred in	57
providing for the removal of any obstruction as provided in	58
division (C) or (D) of this section, including the board's charges	59
for its services, the costs incurred in providing notice, any fees	60
or interest paid to borrow moneys, and the amount paid for labor,	61
materials, and equipment. The expenses incurred shall be entered	62
on the tax duplicate, are a lien on the land from the date of the	63
entry, shall be collected as other taxes, and shall be returned to	64
the township and placed in the township general fund.	65

Sec. 5543.14.  The county engineer may trim or remove any and	66
all trees, shrubs, and other vegetation growing in or encroaching	67
onto the right-of-way of the county roads of the engineer's	68
county, and the board of township trustees may trim or remove any	69
and all trees, shrubs, and other vegetation growing in or	70
encroaching onto the right-of-way of the township roads of its	71
township, as is necessary in the engineer's or board's judgment to	72
facilitate the right of the public to improvement and maintenance	73
of, and uninterrupted travel on, county and township roads. The	74
engineer or board is not required to compensate the abutting	75
landowner for trimming or removing such trees, shrubs, and other	76
vegetation as is necessary to facilitate these rights. Except in	77
the case of an emergency, at least seven days before trimming or	78
removing any such trees, shrubs, and other vegetation, the	79
engineer or board shall send a written notice by certified mail	80
generally describing the trees, shrubs, and other vegetation to be	81
trimmed or removed to the abutting landowner of the engineer's or	82
board's intention to trim or remove the trees, shrubs, and other	83
vegetation. The notice shall state that the engineer or board is	84
not required to compensate the abutting landowner for trimming or	85
removing the trees, shrubs, and other vegetation. The department	86
of agriculture or other proper department may, with the consent of	87
the proper authorities, take charge of the care of such trees to	88
facilitate these rights. Such department may, with the consent of	89
the proper authorities of the township, county, or state, plant	90
trees along the public highway and may use any funds available for	91
the development of forestry in the state to pay the expense of the	92
planting and care of such trees. The ownership of all trees, so	93
planted, shall remain in the public.	94

Sec. 5543.15. (A) If a county engineer determines upon the	95
basis of evidence that, at a particular location, vegetation	96
located on land that is located on a county road constitutes a	97
clear and present danger to the safety of traveling public, which	98
may include pedestrians, because the vegetation blocks or	99
otherwise interferes with the sight lines of operators of motor	100
vehicles traveling on that county road, the engineer shall send a	101
written notice by certified mail to the owner of that land	102
informing the owner of that fact and also particularly describing	103
the vegetation at issue.	104

The notice shall direct the owner to remove that vegetation	105
forthwith, but in no case later than fifteen days after the date	106
of the notice. The notice further shall inform the owner that if	107
the owner does not remove the vegetation at issue within that	108
fifteen-day period, the engineer will cause the vegetation to be	109
removed and, if the engineer makes the report permitted under	110
division (C) of this section, the owner will be liable for all	111
costs of the removal.	112

(B) If a county engineer issues a notice to the owner of the	113
land pursuant to division (A) of this section and the owner does	114
not remove the vegetation described in the notice in a timely	115
manner, the engineer shall issue an order directing that the	116
engineer or employees or designees of the engineer enter upon the	117
land and remove the vegetation at issue. The engineer shall give	118
notice of the proposed entry to the owner and the person in	119
possession of the land, if such person is not the owner, by such	120
means as are reasonably available not less than three days but not	121
more than seven days prior to the date of such entry. The engineer	122
or employees or designees of the engineer shall enter upon the	123
land and shall remove the vegetation at issue and nothing more,	124
and such entry does not constitute a trespass. If the engineer	125
makes the report permitted under division (C) of this section, the	126
owner is liable to reimburse the engineer for expenses the	127
engineer incurred in having the vegetation at issue removed.	128

(C) The county engineer may make a written report to the	129
county auditor of the engineer's action under this section. The	130
engineer shall include in any such report a proper description of	131
the premises and a statement of all expenses the county incurred	132
in having the vegetation at issue removed, including any costs	133
incurred in providing the required notice and the amount the	134
county paid for labor, materials, fuel, and equipment. The	135
expenses incurred shall be entered upon the tax duplicate and are	136
a lien upon the land from the date of the entry. They shall be	137
collected as taxes are collected and shall be returned to the	138
county and placed in the county general fund.	139

(D) The county engineer shall make restitution or	140
reimbursement for any actual damage done to the land or to	141
improvements or personal property located on such land by the	142
engineer or employees or designees of the engineer that is not	143
incidental to the removal of the vegetation.	144

(E) A county, county engineer, and any employee or designee	145
of an engineer, is not liable in damages in a civil action for any	146
injury, death, or loss to person or property that allegedly arises	147
under this section.	148

Sec. 5571.18. (A) If a board of township trustees determines	149
upon the basis of evidence submitted by the county engineer that,	150
at a particular location, vegetation located on land that is	151
located on a township road constitutes a clear and present danger	152
to the safety of traveling public, which may include pedestrians,	153
because the vegetation blocks or otherwise interferes with the	154
sight lines of operators of motor vehicles traveling on that	155
township road, the board shall send a written notice by certified	156
mail to the owner of that land informing the owner of that fact	157
and also particularly describing the vegetation at issue.	158

The notice shall direct the owner to remove that vegetation	159
forthwith, but in no case later than fifteen days after the date	160
of the notice. The notice further shall inform the owner that if	161
the owner does not remove the vegetation at issue within that	162
fifteen-day period, the board will cause the vegetation to be	163
removed and, if the board makes the report permitted under	164
division (C) of this section, the owner will be liable for all	165
costs of the removal.	166

(B) If a board issues a notice to the owner of the land	167
pursuant to division (A) of this section and the owner does not	168
remove the vegetation described in the notice in a timely manner,	169
the board shall issue an order directing that the board or	170
employees or designees of the board enter upon the land and remove	171
the vegetation at issue. The board shall give notice of the	172
proposed entry to the owner and the person in possession of the	173
land, if such person is not the owner, by such means as are	174
reasonably available not less than three days but not more than	175
seven days prior to the date of such entry. The board or employees	176
or designees of the board shall enter upon the land and shall	177
remove the vegetation at issue and nothing more, and such entry	178
does not constitute a trespass. If the board makes the report	179
permitted under division (C) of this section, the owner is liable	180
to reimburse the board for expenses the board incurred in having	181
the vegetation at issue removed.	182

(C) The board of township trustees may make a written report	183
to the county auditor of the board's action under this section.	184
The board shall include in any such report a proper description of	185
the premises and a statement of all expenses the township incurred	186
in having the vegetation at issue removed, including any costs	187
incurred in providing the required notice and the amount the	188
township paid for labor, materials, fuel, and equipment. The	189
expenses incurred shall be entered upon the tax duplicate and are	190
a lien upon the land from the date of the entry. They shall be	191
collected as taxes are collected and shall be returned to the	192
township and placed in the township general fund.	193

(D) The board shall make restitution or reimbursement for any	194
actual damage done to the land or to improvements or personal	195
property located on such land by the board or employees or	196
designees of the board that is not incidental to the removal of	197
the vegetation. If the township and owner of the land are unable	198
to agree upon restitution or other settlement, damages are	199
recoverable by civil action to which the township hereby consents,	200
except that the value of the vegetation removed is not	201
recoverable.	202

(E) A township, board, and any employee or designee of a	203
board, is not liable in damages in a civil action for any injury,	204
death, or loss to person or property that allegedly arises under	205
this section.	206

Section 2.  That existing section 5543.14 of the Revised Code	207
is hereby repealed.	208