Presentation Transcript

1. Fences Law

   Ohio Revised Code Chapter 971 LUC Seminar Series February 18, 2009 Logan County Prosecutor’s Office
2. Initiating the Process Complaint filed with the Board of Township Trustees, alleging that the adjoining owner has failed to build or maintain a line fence Written notice provided to aggrieved property owner Option to file with Common Pleas Court Potential financial and/or maintenance ramifications of the Board’s determination Notice must be signed and dated by aggrieved property owner before complaint is accepted
3. Viewing the Fence Board is required to view the fence 10 days notice to adjoining owners Board must determine whether a fence exists or previously existed If no fence exists, refer to county recorder for affidavits claiming existence of fence Affidavits must be filed by 9/30/2009 Option to request additional information from property owners
4. Determinations At regularly scheduled meeting after viewing the fence Determine Whether a fence should be built or maintained Apportion each owner’s responsibility for the fence
5. Apportioning Responsibility Three options One party solely responsible for the fence Both parties responsible No responsibility (i.e., no fence required) Written notice to owners of this finding
6. Apportioning Responsibility Equitable assignment In Writing Division by Fence sections Cost (if owners have submitted an estimate prepared by a contractor)
7. Factors in Apportioning Responsibility Topography of the land Streams, creeks, rivers Trees, vines, vegetation Risk of trespassers Importance of marking property lines Livestock
8. Livestock If the Board determines that livestock are confined by the fence, it must consider the costs associated with a “preferred partition fence” Defined at R.C. § 971.01(F)
9. Arbitration Certification of apportionment of responsibility to Recorder Owners have 30 days to request binding arbitration Written request served on: Board of Trustees Other owner Common Pleas Court
10. Trustees’ Role in Arbitration Submit report of recommendations to Court Submit recommendations to arbitrator within 30 days after appointment Arbitrator has 60 days to issue a decision
11. Enforcement Petition with Court Application with Board of Trustees Advertise for bids to complete work Award to lowest bidder If no bids, then the Board provides the labor & materials at prevailing rates
12. Recovering the Costs Board certifies costs to Fiscal Officer Owner has 30 days to pay If not, Fiscal Officer certifies costs to Auditor with description of parcel Lien placed on land Auditor draws order for payment

13. Questions?

    Logan County Prosecutor’s Office 117 E. Columbus Ave., Suite 200 Bellefontaine, Ohio