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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 - 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
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