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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN 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 daythesaid 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 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