2007 Legislation
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HOUSE BILL NO. 145 – Traffic hazards, removal

HOUSE BILL NO. 145

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Bill Status



H0145.........................................by TRANSPORTATION AND DEFENSE
TRAFFIC HAZARDS - Amends existing law relating to traffic hazards to
provide consistent terminology; to require an owner of real property upon
notice to remove a traffic hazard at the owner's expense; to permit the
Department of Transportation or any local authority upon notice to enter
upon real property and remove a traffic hazard that is an imminent or
immediate threat to the safety of the traveling public; to provide that
such entry and removal shall not constitute a cause of action in favor of
the owner, lessee or occupier of the real property, with exceptions; to
permit recovery of civil penalty or reimbursement obligation by civil
action; to provide a civil penalty; to provide for recovery of actual cost
of removal, legal costs and fees; and to permit a special assessment
against real property pursuant to provisions of Idaho Code.
                                                                        
02/09    House intro - 1st rdg - to printing
02/12    Rpt prt - to Transp

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 145
                                                                        
                          BY TRANSPORTATION AND DEFENSE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO TRAFFIC HAZARDS; AMENDING SECTION 49-221, IDAHO CODE,  TO  PROVIDE
  3        CONSISTENT  TERMINOLOGY,  TO REQUIRE AN OWNER OF REAL PROPERTY UPON NOTICE
  4        TO REMOVE A TRAFFIC HAZARD AT THE OWNER'S EXPENSE, TO PERMIT  THE  DEPART-
  5        MENT  OF  TRANSPORTATION  OR ANY LOCAL AUTHORITY UPON NOTICE TO ENTER UPON
  6        REAL PROPERTY AND REMOVE A TRAFFIC HAZARD THAT IS AN IMMINENT OR IMMEDIATE
  7        THREAT TO THE SAFETY OF THE TRAVELING PUBLIC, TO PROVIDE THAT  SUCH  ENTRY
  8        AND  REMOVAL SHALL NOT CONSTITUTE A CAUSE OF ACTION IN FAVOR OF THE OWNER,
  9        LESSEE OR OCCUPIER OF THE REAL PROPERTY, WITH EXCEPTIONS, TO PERMIT RECOV-
 10        ERY OF CIVIL PENALTY OR REIMBURSEMENT OBLIGATION BY CIVIL ACTION, TO  PRO-
 11        VIDE  A  CIVIL PENALTY, TO PROVIDE FOR RECOVERY OF ACTUAL COST OF REMOVAL,
 12        LEGAL COSTS AND FEES AND TO PERMIT A SPECIAL ASSESSMENT AGAINST REAL PROP-
 13        ERTY PURSUANT TO PROVISIONS OF IDAHO CODE.
                                                                        
 14    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 15        SECTION 1.  That Section 49-221, Idaho Code, be, and the  same  is  hereby
 16    amended to read as follows:
                                                                        
 17        49-221.  REMOVAL OF TRAFFIC HAZARDS. (1) It shall be the responsibility of
 18    the  owner  of real property to remove from his property any hedge, shrubbery,
 19    fence, wall or other sight obstructions of any nature, except  public  traffic
 20    or  highway signs, buildings and trees, where these sight obstructions consti-
 21    tute a potential traffic hazard. The above sight obstructions shall not extend
 22    more than three (3) feet, or less than ten (10)  feet,  in  height  above  the
 23    existing  center  line highway elevation within the vision triangle of vehicle
 24    operators. The boundaries of the vision triangle are defined by measuring from
 25    the intersection of the edges of two (2) adjacent  highways  forty  (40)  feet
 26    along each highway and connecting the two (2) points with a straight line. The
 27    sight  distance obstruction restriction is also applicable to railroad-highway
 28    grade crossings with vision triangle defined  by  measuring  forty  (40)  feet
 29    along the railroad property line when intersecting with a highway.
 30        (2)  When  the department or any local authority determines that a traffic
 31    hazard exists, it may notify the owner of the real property and order that the
 32    hazard be removed within an appropriate time as determined by  the  department
 33    or local authority, considering the circumstances and conditions involved. The
 34    appropriate  time may be specified in the notice. Upon receipt of such notice,
 35    the  owner of the real property shall comply with the order  by  removing  the
 36    traffic  hazard  within  the  time  specified  in  the notice, at said owner's
 37    expense. Such notice shall not obligate the department or local authorities to
 38    pursue removal or abatement until all legal remedies are exhausted.
 39        (3)  If the department or any local authority determines  that  a  traffic
 40    hazard  is  of  a  nature  as to create an imminent or immediate threat to the
 41    safety of the traveling public, the department or  local  authority  may  take
 42    immediate  corrective action to remove the traffic hazard and shall notify the
 43    owner of the real property in writing within seven (7) days of the date sched-
                                                                        
                                       2
                                                                        
  1    uled for removal of the traffic hazard by the department or  local  authority.
  2    The  department  or  any  local  authority may enter upon the real property to
  3    remove a traffic hazard creating an imminent or immediate threat to the safety
  4    of the traveling public and such entry shall constitute no cause of action  in
  5    favor  of  the owner, lessee or occupier of the real property except for inju-
  6    ries resulting from negligence, wantonness or malice.
  7        (4)  The failure of the owner of the real property to remove  the  traffic
  8    hazard  within  the  appropriate specified time shall constitute a misdemeanor
  9    and every day the said owner shall fail to remove the obstruction may be  con-
 10    sidered a separate and distinct offense.
 11        (5)  Civil  action  may  also  be initiated by state or local officials to
 12    enforce vision triangle restrictions or to recover any civil penalty or  reim-
 13    bursement  obligation  imposed pursuant to this section. If the traffic hazard
 14    is not removed by the owner of the real property within the time specified  in
 15    subsection (3) of this section, said owner shall be liable for a civil penalty
 16    up to one hundred fifty dollars ($150) for each day the traffic hazard contin-
 17    ues  unabated  and  the  department  or the local authority may issue an order
 18    imposing said penalty and initiate a civil action to recover the same.
 19        (46)  Local officials may, by resolution or ordinance, establish standards
 20    and procedures for protecting vision triangles at the intersections  of  local
 21    streets  and roads. Such locally adopted standards or procedures, which may be
 22    more or less restrictive than the provisions  hereof,  shall  not  modify  the
 23    standards  established  by  this  section  concerning intersections with state
 24    maintained highways and intersections with railroads.
 25        (7)  Any time the department or any local authority removes a traffic haz-
 26    ard pursuant to this section, the owner of the real property  shall  be  obli-
 27    gated  to  reimburse  the department or local authority for the actual cost of
 28    the removal in addition to any necessary legal costs and fees, as evidenced by
 29    a statement provided to said owner, and in the case of local authorities, such
 30    obligation shall become a special assessment on  the  real  property  of  said
 31    owner  which  shall be levied, assessed and collected in accordance with chap-
 32    ters 8, 13 and 14, title 40, and chapter 10, title 50, Idaho Code, as applica-
 33    ble.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE

                             RS 16980

This proposed legislation is necessary in order to protect the
safety of the traveling public.  The situation arises when a
transportation agency determines a hazard to exist, under the law
as it is stated today, is required to notify the property owner
who has ten days to respond.  This leads to some situations where
imminent danger to the public is allowed to continue.  

This proposal will allow a transportation agency to immediately
remove the hazard, such as a tree branch blocking a stop sign
from sight, placing the traveling public in danger.  The tree
branch could be removed to provide visibility to the sign, then
the notice given to the property owner for complete corrective
action. 

An example of this necessity would be under current law a notice
would be given to the property owner, and then the ten day period
would begin for the property owner to respond.  Should the owner
be away for this period the corrective action could not be
accomplished thus allowing the dangerous situation to continue.  

This proposal will allow the action to be taken to correct the
danger and then allow the process with the property owner to run
its natural course as provided by law.FISCAL NOTE

None to the General Fund.


Contact
Name: Representative Snodgrass 
Phone: 208-332-1000


Statement of Purpose/Fiscal Note                       H 145