(1) If a hearing is required under ORS § 368.261, the county road official shall establish a place, date and time for the hearing. The hearing will be held if the violation is not abated before the date of the hearing. Notice provided under this section shall include the date and time set for the hearing.

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Terms Used In Oregon Statutes 368.266

  • County road: means a public road under the jurisdiction of a county that has been designated as a county road under ORS § 368. See Oregon Statutes 368.001
  • County road official: means the roadmaster, engineer, road supervisor, public works director or other administrative officer designated by the county governing body as being responsible for administration of the road activities of the county. See Oregon Statutes 368.001
  • Owner: means a vendee under a recorded land sale contract or, if there is no recorded land sale contract, the holder of the record title of land if the vendee or holder has a present interest equal to or greater than a life estate. See Oregon Statutes 368.001
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Road: means the entire right of way of any public or private way that provides ingress to or egress from property by means of vehicles or other means or that provides travel between places by means of vehicles. See Oregon Statutes 368.001

(2) The order described under ORS § 368.261 shall be included as part of the notice of hearing under this section. Notice of hearing under this section shall be given by service under ORS § 368.401 to 368.426 to:

(a) The owner of the land that is the source of the violation; and

(b) Any persons lawfully occupying that land during the time of the violation if the county road official has reason to know of the occupancy.

(3) At the hearing the county governing body shall determine the person responsible for violation of ORS § 368.256 and shall order that person to abate the violation within a time fixed by the county governing body, which time shall not be less than 10 days. [1981 c.153 § 29]

 

[Repealed by 1981 c.153 § 79]