Ohio Revised Code|Section 971.09 | Action for costs of maintaining fence.

                                                
(A)(1) When an owner neglects  to  build or  maintain in good repair a partition fence, or the  portion  thereof that the owner is required to build or maintain,  the  aggrieved  owner may do either of  the  following: 
(a) File an action in a court of common pleas as provided in  section 971.16 of the Revised Code;
(b) File a complaint with the board of township trustees of  the township in which  the land or fence is located or  is to be  built.
(2) If the aggrieved owner intends to file a complaint with  the applicable board of township trustees, the board shall present  the aggrieved owner with a document containing both of the  following:
(a) Notification that in lieu of filing a complaint with the  board of township trustees as provided in this section, an action  may be filed in a court of common pleas as provided in section  971.16 of the Revised Code;
(b) A description of the possible financial and maintenance  responsibilities that may result from the board's findings.
The aggrieved owner shall sign and date the document and  return it to the board prior to filing a complaint with the board.
(3) When a partition fence is on a township or county line,  the  boards of township trustees of the adjacent townships have  concurrent jurisdiction, and the board of township trustees of  either of the townships may be called to perform the applicable  duties established in this chapter. Either party to the complaint  may call the board of the other township, in which case they shall  act jointly, but a separate record shall be made in both  townships.
(B) If a complaint is filed with a board of township  trustees, the board, after not less than ten days' written notice  to all adjoining owners of the time and place of  meeting, shall  view the fence or premises where the fence is  located or is to be  built. At the meeting, the board shall determine whether a  partition  fence exists, regardless of whether it is in disrepair,  or there  is evidence that a partition fence previously existed.  If there is  no evidence that a partition fence exists, even in  disrepair, or  if there is no evidence that a partition fence  previously existed,  the board shall review the applicable county  recorder's records to  determine whether an affidavit has been  filed in accordance with  section 971.05, 971.06, or 971.07 of the  Revised Code or an  agreement has been filed in accordance with  section 971.04 of the  Revised Code.
(C) After viewing the fence or premises and reviewing the  applicable county recorder's records, if applicable, the board may  request additional information from either owner that is a party  to the complaint.
(D)(1) At the next regularly scheduled meeting of the board  after viewing  the fence or premises and reviewing the applicable  county  recorder's records, if applicable, the board shall  determine if a  partition fence is required to be built or  maintained in good  repair, as applicable. If the board determines  that a partition  fence is required to be built or maintained, the  board shall  decide each owner's responsibility for building or  maintaining in  good repair the partition fence.
(2) If the board finds that both owners are responsible, the  board shall equitably assign, in writing, each owner's share of  building or maintaining in good repair the partition fence. When  making an equitable assignment, the board may assign a specific  portion of the partition fence to be built or maintained in good  repair, or the board may assign a portion of the total cost of  building or maintaining in good repair the partition fence if the  owners have submitted to the board an estimate from a contractor  of the necessary cost to perform the  applicable work. If the  partition fence does or will contain  livestock, the board shall  include in the equitable assignment the  cost of building or  modifying the fence to meet the standards for  preferred partition  fences established in this chapter.
(3) If the board finds that one owner is responsible, the  board shall require that owner, in writing, to pay the total cost  of building or maintaining in good repair the partition fence or  the portion of the partition fence for which the owner is  responsible, as applicable.
(4) If the board determines that a partition fence is not  required to be built or maintained in good repair, as applicable,  the board shall notify each owner of that determination in  writing.
(E) When making an equitable assignment under division (D)(2)  of this section, the board shall consider, without limitation, all  of the following:
(1) The topography of the applicable property;
(2) The presence of streams, creeks, rivers, or other bodies  of water;
(3) The presence of trees, vines, or other vegetation;
(4) The level of risk of trespassers on either property due  to the population density surrounding the property or the  recreational use of adjoining properties;
(5) The importance of marking division lines between the  properties;
(6) The number and type of livestock owned by either owner  that may be contained by the partition fence.
(F) The board shall certify a report of an assignment made  under division (D)(2) of this section or a finding made under  division (D)(3) of this section to the applicable county recorder,  who shall record the assignment or finding in the partition fence  record established under section 971.15 of the Revised Code.
(G)(1) If either owner does not agree to the board's  assignment of responsibility under division (D)(2) of this section  for building or maintaining in good repair a partition fence, the  owner, not later than thirty days after the assignment has been  made, may deliver to the board and the other owner a written  request for binding arbitration. An owner that requests binding  arbitration also shall deliver a copy of the request to the court  of common pleas of the county in which the arbitration is to be  held, which shall be the county in which the owner that seeks the  binding arbitration resides. If either owner requests binding  arbitration, the board shall submit a report of its recommendation  of assignment that is made under division (D)(2) of this section  or of its finding that is made under division (D)(3) of this  section, as applicable, to the court of common pleas in which the  arbitration is to be held.
(2) The court of common pleas in which the arbitration is to  be held shall appoint an arbitrator. The court shall furnish the  board's report that is submitted to the court under division  (G)(1) of this section to the arbitrator. The owners shall pay the  costs of the arbitrator's services in equal amounts.  An  arbitrator that has knowledge of this chapter shall be  appointed,  if possible.
(3) Not later than thirty days after appointment of an  arbitrator, each owner and the board shall deliver to the  arbitrator a recommendation for the assignment of responsibility  for building or maintaining in good repair the partition fence.  Not later than sixty days after appointment of the arbitrator, the  arbitrator shall approve one of the recommendations submitted or  assign responsibility for building or maintaining in good repair  the partition fence based on the arbitrator's judgment.
The arbitrator shall deliver to each owner and the board a  written statement of the arbitration decision that states each  owner's responsibility for building or maintaining in good repair  the partition fence. The arbitrator shall certify a report of the  arbitration decision to the applicable county recorder, who shall  record the decision in the partition fence record established  under section 971.15 of the Revised Code.
The owners shall abide by the arbitration decision. The  arbitration decision shall be enforced,  upon petition by either  owner, by the court of common pleas of the  county in which the  petitioner resides.