2007 ORS 105.565¹
Complaint
  • service
  • jury trial
  • admissibility of reputation as evidence

(1) Any action shall be commenced by the filing of a complaint alleging facts constituting the nuisance, and containing a legal description of the property involved and an allegation that the owners of record of the property have been notified of the facts giving rise to the alleged nuisance at least 10 days prior to the filing of the action with the court. The complaint must specify whether the plaintiff will seek the remedy provided in ORS 105.580 (Order of abatement) (2).

(2) The complaint shall be served on owners of record as provided in ORCP 7. No service need be made prior to an application for a temporary restraining order, provided the procedures of ORCP 79 B are followed with regard to all persons entitled to service under this section.

(3) Except in those cases tried in the small claims department of a circuit court, any party may demand a trial by jury in any action brought 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).

(4) On the issue of whether property is used in violation of ORS 105.555 (Places declared nuisances subject to abatement), evidence of its general reputation and the reputation of persons residing in or frequenting it shall be admissible. [1989 c.846 §5; 1999 c.168 §2]

Notes of Decisions

Under Former Similar Statute

Separate showing of irreparable harm is not re­quired in civil nuisance abate­ment pro­ceed­ing. State ex rel Haas v. Dionne, 42 Or App 851, 601 P2d 894 (1979)

Notes of Decisions

Under Former Similar Statutes

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/­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.