House File 2003 - Introduced
HOUSE FILE
BY HEATON
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the removal of highway obstructions by highway
2 authorities on secondary roads.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5053YH 82
5 md/rj/5
PAG LIN
1 1 Section 1. Section 318.5, Code 2007, is amended to read as
1 2 follows:
1 3 318.5 REMOVAL AND COST.
1 4 1. The following shall apply to the removal of
1 5 obstructions on primary roads:
1 6 1. a. An obstruction in a highway right=of=way which
1 7 constitutes an immediate and dangerous hazard shall, without
1 8 notice or liability in damages, be removed by the highway
1 9 authority.
1 10 2. b. An obstruction not constituting an immediate and
1 11 dangerous hazard shall be removed by the highway authority
1 12 without liability after forty=eight=hour notice served in the
1 13 same manner in which an original notice is served, or in
1 14 writing by certified mail, or in any other manner reasonably
1 15 calculated to apprise the person responsible for the
1 16 obstruction that the obstruction will be removed at the
1 17 person's expense. The highway authority shall assess the
1 18 removal cost.
1 19 2. An obstruction on a secondary road shall only be
1 20 removed by the highway authority after a majority of its
1 21 members have voted to approve its removal and after
1 22 forty=eight=hour notice served in the same manner in which
1 23 original notice is served, or in writing by certified mail, or
1 24 in any other manner reasonably calculated to apprise the
1 25 person responsible for the obstruction that the obstruction
1 26 will be removed at the person's expense. The highway
1 27 authority shall assess the removal cost. The highway
1 28 authority shall have no liability in damages for removal of an
1 29 obstruction.
1 30 3. Upon removal of the obstruction, the highway authority
1 31 may immediately send a statement of the cost to the person
1 32 responsible for the obstruction. If within ten days after
1 33 sending the statement the cost is not paid, the highway
1 34 authority may institute legal proceedings to collect the cost
1 35 of removal. The removal costs shall be assessed against the
2 1 following persons, as applicable:
2 2 a. The vehicle owner in the case of an abandoned vehicle.
2 3 b. The abutting property owner in the case of a fence,
2 4 other than a right=of=way line fence, or other temporary
2 5 obstruction placed within the highway right=of=way by the
2 6 owner or tenant of the abutting property.
2 7 c. The owner or person responsible for placement of any
2 8 other obstruction.
2 9 4. All removals shall be without liability on the part of
2 10 any officer ordering or effecting such removal.
2 11 Sec. 2. Section 318.10, Code 2007, is amended to read as
2 12 follows:
2 13 318.10 FENCES.
2 14 1. The following shall apply to the removal of fences on
2 15 primary roads:
2 16 1. a. A fence which constitutes an immediate and
2 17 dangerous hazard shall, without notice or liability in
2 18 damages, be removed by the highway authority. In all other
2 19 cases where a fence is an obstruction in a highway
2 20 right=of=way, notice in writing of not less than thirty days
2 21 shall be given to the owner, occupant, or agent of the land
2 22 enclosed by the fence.
2 23 2. b. The notice shall, with reasonable certainty,
2 24 specify the line to which the fences shall be removed and
2 25 shall be served in the same manner that original notices are
2 26 required to be served, or in writing by certified mail, or in
2 27 any other manner reasonably calculated to apprise the person
2 28 responsible for the fence.
2 29 2. In all cases where a fence is an obstruction on a
2 30 secondary road removal shall be accomplished in the same
2 31 manner as provided in section 318.5, subsection 2.
2 32 3. The department and the county engineer, or the board of
2 33 supervisors if a county engineer is not available, may
2 34 designate the location of a fence within a highway
2 35 right=of=way. A fence that is not properly located within the
3 1 highway right=of=way shall be removed within a time prescribed
3 2 to a designated location. If not so removed, the highway
3 3 authority may remove the fences and recover costs as provided
3 4 in section 318.5.
3 5 Sec. 3. Section 318.11, Code 2007, is amended to read as
3 6 follows:
3 7 318.11 BILLBOARDS AND SIGNS.
3 8 1. No A billboard or advertising sign or device, except a
3 9 sign or device authorized by law or approved by the highway
3 10 authority, shall not be placed or erected upon a highway
3 11 right=of=way.
3 12 2. A billboard or advertising sign, whether on public or
3 13 private property, that obstructs the view of any portion of a
3 14 public highway or of a railway track making the use of the
3 15 traveled portion of the right=of=way dangerous is a public
3 16 nuisance and shall be abated. In addition to abatement of the
3 17 nuisance under section 318.6, a highway authority may use
3 18 procedures in section 318.5, subsection 2, to remove
3 19 billboards and advertising signs which constitute an
3 20 obstruction on secondary roads. The person responsible for
3 21 the erection and maintenance of the billboard or sign may be
3 22 punished as provided in chapter 657.
3 23 EXPLANATION
3 24 Currently, highway authorities are allowed to remove,
3 25 without notice or liability in damages, any obstruction which
3 26 constitutes an immediate and dangerous hazard. Highway
3 27 authorities are also allowed to remove obstructions which are
3 28 not immediate or dangerous hazards after 48=hour notice is
3 29 served, notice is provided in writing by certified mail, or
3 30 notice is provided that is reasonably calculated to apprise
3 31 the person responsible for the obstruction that it will be
3 32 removed at the person's expense.
3 33 This bill changes the procedure for removing highway
3 34 obstructions from secondary roads. The bill requires that an
3 35 obstruction on a secondary road only be removed by the highway
4 1 authority after a majority of its members have voted to
4 2 approve its removal and after the 48=hour notice is served,
4 3 notice is provided. The highway authority is also required to
4 4 assess the removal cost to the person responsible for the
4 5 obstruction. The bill also makes the removal procedure for
4 6 obstructions on secondary roads applicable to fences, signs,
4 7 and billboards which constitute obstructions.
4 8 The bill does not affect removal of obstructions from
4 9 primary roads.
4 10 LSB 5053YH 82
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