| (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 |
| (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 |
| 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 |
