Ohio § 6131.47

§ 6131.47.

(A) The county engineer shall evaluate all culverts and bridges, except those on state

and federal highways, for adequacy of capacity, vertical and horizontal alignment,

and stability.  The county engineer shall schedule any bridge or culvert that does not conform with

the design of the drainage improvement for removal and replacement or repair as the

engineer considers necessary. (B) If the county engineer determines that the culverts and bridges were adequate in

capacity or vertical and horizontal alignment at the time of their installation, the

removal and replacement shall be made at the expense of the project less any costs,

which shall be apportioned by the engineer, for correction, maintenance, or replacement

of the culvert or bridge in whole or in part due to deterioration or instability had

the structure been left in place.  The latter costs shall be specially assessed to the owner. (C) The county engineer shall schedule in the project plans any culvert or bridge, except

those on state and federal highways, that is washed out in whole or part, but that

otherwise meets the requirements of the drainage improvement, for such repairs, additions,

or other corrective measures necessary to preserve the bridge or culvert.  The costs shall be assessed to the appropriate owner. (D) Fences and floodgates impeding the flow of water shall be removed as a part of the

drainage improvement.  Replacement may be made by the owner, provided that prior written approval is obtained

from the county engineer. (E) The county engineer shall cause notice to be given to the owner not later than seven

days in advance of removal or alteration of a culvert, bridge, fence, or floodgate. (F) Any owner may furnish the work and material in lieu of a special assessment, provided

the owner does all of the following: (1) Makes written application to the county engineer within ten days after the final

hearing; (2) Furnishes the work and materials in accordance with the specifications for the improvement; (3) Performs the work so as not to delay the project contractor; (4) Completes the work prior to the completion of the work on the whole improvement. (G) If the owner defaults on any or all of these conditions, the county engineer shall

recommend to the board of county commissioners that the default be completed by an

extra work order to the project contractor and its cost assessed to the owner.