Hearing on abatement of road hazard
- • notice
(1) If a hearing is required under ORS 368.261 (Order to abate road hazard), the county road official shall establish a place, date and time for the hearing. The hearing will be held if the violation is not abated before the date of the hearing. Notice provided under this section shall include the date and time set for the hearing.
(2) The order described under ORS 368.261 (Order to abate road hazard) shall be included as part of the notice of hearing under this section. Notice of hearing under this section shall be given by service under ORS 368.401 (General notice provisions) to 368.426 (Contents of notice) to:
(a) The owner of the land that is the source of the violation; and
(b) Any persons lawfully occupying that land during the time of the violation if the county road official has reason to know of the occupancy.
(3) At the hearing the county governing body shall determine the person responsible for violation of ORS 368.256 (Creation of road hazard prohibited) and shall order that person to abate the violation within a time fixed by the county governing body, which time shall not be less than 10 days. [1981 c.153 §29]
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