2007 ORS 105.435¹
Authority of receiver
  • financing agreements
  • fee
  • abatement work exempt from public contracting law

(1) A receiver appointed by the court, pursuant to ORS 105.420 (Findings) to 105.455 (Short title), shall have the authority to do any or all of the following unless specifically limited by the court:

(a) Take possession and control of the property including the right to enter, modify and terminate tenancies pursuant to ORS 105.105 (Entry to be lawful and peaceable only) to 105.161 (Service and enforcement of writ of execution and eviction trespass notice) and to charge and collect rents derived therefrom, applying said sum to the costs incurred due to the abatement and receivership;

(b) Negotiate contracts and pay all expenses associated with the operation and conservation of the property including, but not limited to, all utility, fuel, custodial, repair or insurance costs;

(c) Pay all accrued property taxes, penalties, assessments and other charges imposed on the property by a unit of government as well as any accruing charge of like nature accruing during the pendency of the receivership;

(d) Dispose of any or all abandoned personal property found at the structure; and

(e) Enter into contracts and pay for the performance of any work necessary to complete the abatement.

(2) In addition to the powers set forth in subsection (1) of this section, the receiver may, under such terms and condition as a court shall allow, enter into financing agreements with public or private lenders and encumber the property therewith so as to have moneys available to correct the conditions at the property giving rise to the abatement.

(3) A receiver may charge an administrative fee at an hourly rate approved by the court or at a rate of 15 percent of the total cost of the abatement, whichever the court deems more appropriate.

(4) All abatement work done under ORS 105.420 (Findings) to 105.455 (Short title) is exempt from the public contracting statutes set forth in ORS 279C.005 (Definitions), 279C.100 (Definitions for ORS 279C.100 to 279C.125) to 279C.125 (Architectural, engineering and land surveying services selection process for local government public improvements procured through state agency) and 279C.300 (Policy on competition) to 279C.470 (Compensation for contractor on contract declared void by court) and ORS chapters 279A and 279B, except ORS 279A.125 (Preference for recycled materials), 279A.250 (Definitions for ORS 279A.250 to 279A.290) to 279A.290 (Miscellaneous receipts accounts) and 279B.235 (Condition concerning hours of labor). [1989 c.649 §§5,6; 2003 c.794 §196]

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/­105.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 105, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­105ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
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.