Oregon Statutes 368.276 – Hearing, notice and costs when county abates road hazard
(1) Upon receipt of a report under ORS § 368.271, a county governing body shall establish a time, place and date for a hearing to assess costs for acts performed under ORS § 368.271 and to determine persons liable for payment of those costs.
Terms Used In Oregon Statutes 368.276
- 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
(2) Notice of the hearing shall be provided by service under ORS § 368.401 to 368.426 to:
(a) The person determined under ORS § 368.266 to be in violation of ORS § 368.256; or
(b) If no determination of violation has been made under ORS § 368.266, the owner of the land that is the source of the violation and to any persons lawfully occupying that land during the time of the violation.
(3) After consideration of matters presented at the hearing, the county governing body shall issue an order:
(a) Establishing costs to be paid; and
(b) Directing the person the county governing body determines to be responsible for payment of the costs to pay the costs within the time established by the county governing body, which time shall not be less than 60 days.
(4) If the county governing body cannot establish responsibility for payment of costs under this section, the owner of the property that is the source of the violation of ORS § 368.256 shall be responsible for payment unless the owner can establish that there was no reasonable method for the owner to control, stop or remove the cause of the violation.
(5) The county governing body shall provide for notice of the results of the hearing to persons ordered to pay costs by service under ORS § 368.401 to 368.426. Any person who does not pay costs as directed by an order under this section is liable for those costs. [1981 c.153 § 31]
[Repealed by 1981 c.153 § 79]