2017 ORS 105.560¹
Action to restrain or enjoin nuisance
  • jurisdiction
  • remedies

(1) An action to restrain or enjoin a nuisance described in ORS 105.555 (Places declared nuisances subject to abatement) or 105.597 (Places declared nuisances per se) may be brought by the Attorney General, district attorney, county attorney, city attorney or a person residing or doing business in the county where the property is located. The action shall be brought in the circuit court in the county where the property is located. Except as provided in subsection (5) of this section, the action may be commenced in the small claims department of the circuit court for the county where the property is located.

(2) In addition to any other remedy that may be available under ORS 105.550 (Definitions for ORS 105.550 to 105.600) to 105.600 (ORS 105.550 to 105.600 not to limit authority of cities or counties to further restrict activities), a plaintiff in an action brought to restrain or enjoin a nuisance described in ORS 105.555 (Places declared nuisances subject to abatement) or 105.597 (Places declared nuisances per se) may seek damages for mental suffering, emotional distress, inconvenience and interference with the use of property suffered by the plaintiff by reason of the activities constituting a nuisance.

(3) The court may award reasonable attorney fees to the prevailing party in an action under ORS 105.550 (Definitions for ORS 105.550 to 105.600) to 105.600 (ORS 105.550 to 105.600 not to limit authority of cities or counties to further restrict activities) unless the action is commenced and tried in the small claims department of a circuit court. Attorney fees may not be awarded to any party in an action under ORS 105.550 (Definitions for ORS 105.550 to 105.600) to 105.600 (ORS 105.550 to 105.600 not to limit authority of cities or counties to further restrict activities) that is commenced and tried in the small claims department of a circuit court.

(4) The court may consolidate all actions that relate to the same property and that are brought to restrain or enjoin a nuisance described in ORS 105.555 (Places declared nuisances subject to abatement) or 105.597 (Places declared nuisances per se). Consolidation in the small claims department of a circuit court shall be for purposes of trial only. A separate judgment shall be entered for each action in the small claims department of a circuit court.

(5) An action may not be brought in the small claims department of a circuit court to restrain or enjoin a nuisance described in ORS 105.555 (Places declared nuisances subject to abatement) if the property alleged to be a nuisance is licensed under ORS chapter 471. [1989 c.846 §4; 1999 c.168 §1; 2009 c.11 §7; 2015 c.136 §3]

Notes of Decisions

Under Former Similar Statutes (Ors 465.110 to 465.180)

As the state has valid interest in prohibiting illegal uses of prop­erty and proper safeguards exist, abate­ment pro­ceed­ings do not amount to an unconstitu­tional taking of prop­erty. State ex rel Haas v. Club Recrea­tion, 41 Or App 557, 599 P2d 1194 (1979), Sup Ct review denied

Atty. Gen. Opinions

In General

Exemp­tion of nuisance laws from constitu­tional require­ment for pay­ments based on govern­ment regula­tions restricting use of prop­erty, (2001) Vol 49, p 284

Chapter 105

Atty. Gen. Opinions

Private process server in a forcible entry and detainer ac­tion, (1975) Vol 37, p 869

1 Legislative Counsel Committee, CHAPTER 105—Property Rights, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors105.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 105, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano105.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.