ORS 570.175
Procedure for abatement of public nuisance


(1)

Whenever any public nuisance as described in ORS 570.170 (Department to make inspections) exists at any place in the state on property of any owner upon whom notice has been served and who has failed or refused to abate such nuisance within the time and in the manner specified in such notice, or when any such nuisance exists on the property of a nonresident or on any property the owner of which cannot be served with notice in the manner provided in ORS 570.190 (Notices), after diligent search within the county in which such nuisance exists, the State Department of Agriculture shall make a report to the district attorney of the county in which the nuisance exists, or if the nuisance exists on property which lies in two or more counties, to the district attorney of any of such counties, setting forth the description of the property upon which the nuisance exists and naming the pest or other condition which renders such property a nuisance. The district attorney shall prepare from such report and any other available information a petition to the circuit court of the county, signed in manner and form required for a complaint in a civil action, in which the property or premises sought to be declared a nuisance shall be described with reasonable certainty. The petition shall set forth the names of each owner, encumbrancer or other person interested in such property or premises so far as the same can be ascertained from the public records, and pray that the court enter an order declaring such premises or property a public nuisance and directing the abatement of such nuisance by destruction or otherwise.

(2)

Such action shall be brought in the name of the State of Oregon by the Director of Agriculture in the official capacity of director and shall proceed as an action not triable by right to a jury.

(3)

Service of summons shall be made in the manner provided for service of summons in a civil action; provided, that where service is had by publication, the period of publication required shall be shortened to once a week for two consecutive weeks, and such service by publication is deemed complete upon the expiration of 21 days from and after the date of the first publication of such notice. The person or persons so served by publication shall appear and answer within 31 days from the date of the first publication of such notice.

(4)

The court may, upon the application of any party, or upon its own motion, and for reasonable cause, adjourn the proceedings from time to time, and may order new or further notice to be given to any party whose interest may be affected.

(5)

At the time and place appointed for hearing the petition, or to which the hearing may have been adjourned, if the court has satisfactory proof that all parties interested in the property or premises have been duly served with notice as prescribed in this section, and further satisfied by competent proof that the conditions of such premises or property warrant its being declared a public nuisance, it shall enter an order condemning such property as a public nuisance and directing that the owner or other person ordered by the court shall destroy such property or abate such nuisance in such other manner as the court shall direct. If the nuisance is abated by any person other than the owner, then in the order of the court directing the abatement of the nuisance the court shall further order that an accurate account of the cost and expense necessary to the abatement be kept and a report made to the court within five days after the completion of the abatement of the nuisance. The report shall be in writing, verified by the one making it and shall be served and filed as a cost bill in a civil action. Objections to the statement, if any, shall be made, served, filed and determined as objections to a cost bill in a civil action. The judgment which orders the abatement of a nuisance shall also provide that the owner or owners of the property upon which the nuisance exists pay the expense of abating the nuisance, that it shall be a judgment lien on the property prior to all other liens and, if not paid within 60 days after the statement of expense is filed, execution may issue. [Amended by 1979 c.284 §174]

Source: Section 570.175 — Procedure for abatement of public nuisance, https://www.­oregonlegislature.­gov/bills_laws/ors/ors570.­html.

570.001
Definitions
570.010
County horticultural inspectors
570.015
Deputy inspectors
570.020
Inspectors may enter premises
570.025
Instruction, education and supervision of inspectors
570.030
Compensation of inspectors
570.035
Appeals from inspectors’ decisions
570.040
Inspection where inspector unavailable
570.045
Assistance of employees of common carriers in locating horticultural articles
570.050
Cooperation of peace officers in enforcing quarantines
570.105
Definitions for ORS 570.110 to 570.190
570.110
Inspections and visitations by director and deputies
570.115
Quarantine establishment
570.120
Quarantine powers exercised only in emergencies
570.125
Inspector of outgoing shipments
570.130
Shipments marked to indicate place of origin
570.135
Premises may be entered for inspection
570.140
Shipment found to contain plant pest
570.145
Procedure when shipment articles can be separated
570.150
Procedure when shipment articles can be treated
570.155
Disposition of shipment when articles not separated or treated
570.160
Procedure when shipment is sound, but from infected or infested area
570.165
Service and sufficiency of notices provided for in ORS 570.140 to 570.165
570.170
Department to make inspections
570.175
Procedure for abatement of public nuisance
570.180
Summary abatement of nuisance
570.185
Application of ORS 570.170 to 570.180 limited
570.190
Notices
570.210
Control of plant pests not subject to quarantine
570.215
Prohibition against movement of plant pests
570.220
Research regarding plant pests
570.225
Public nuisances
570.305
Department officials to prevent introduction of plant pests
570.310
Cooperation with interested groups and agencies
570.320
Horticultural inspectors to prevent introduction of diseased matter into state
570.325
Collaboration with federal department
570.330
Containers and wrappers to be labeled
570.335
Prunings and cuttings to be burned
570.345
Spraying or destroying infested or infected matter
570.350
Traffic in infested or infected fruit prohibited
570.355
Packing or delivery for shipment of infected fruit is misdemeanor
570.360
Department to present evidence of violations
570.405
Department may establish control areas
570.410
Violation of order prohibited
570.412
Making contracts and receiving funds to carry out control order
570.415
Revocation of control area order
570.420
Cherry fruit fly control area inspector
570.425
Inspector has access to land in area
570.430
Procedure for collection of expenses incurred by inspector
570.435
Expenses to be paid by county
570.450
Rapeseed control areas
570.700
Definitions for ORS 570.700 to 570.710
570.705
Legislative findings
570.710
Fee for timber products health program
570.720
Firewood sources
570.750
Legislative findings
570.755
Definition of invasive species
570.770
Invasive Species Council
570.775
Officers
570.780
Invasive Species Coordinator
570.790
Advisory and technical committees
570.800
Invasive Species Council Account
570.810
Invasive Species Control Account
570.815
Reporting of council activities
570.995
Civil penalties for quarantine or control area order violations
570.997
Civil penalties for plant pest control or movement violation
570.998
Civil penalty for firewood violation
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