(1) The Housing and Community Services Department may assess a civil penalty against a landlord or owner if the department finds that the landlord or owner has not complied with ORS 90.732 (Landlord registration) or 90.734 (Manager or owner continuing education requirements). The civil penalty may not exceed $1,000. The department shall assess the civil penalty according to the schedule of penalties developed by the department under ORS 90.738 (Enforcement of registration and education requirements). In assessing a civil penalty under this section, the department shall take into consideration any good faith efforts by the landlord or owner to comply with ORS 90.732 (Landlord registration) or 90.734 (Manager or owner continuing education requirements).
(2) A civil penalty assessed under this section shall be deposited in the Mobile Home Parks Account and continuously appropriated to the department for use in carrying out the policies described in ORS 446.515 (Policy to encourage settlement of disputes).
(3) If a civil penalty assessed under this section is not paid on or before 90 days after the order assessing the civil penalty becomes final by operation of law, the department may file the order with the county clerk of the county where the manufactured dwelling park of the landlord or owner is located as a lien against the park. In addition to any other available remedy, recording the order in the County Clerk Lien Record has the effect provided for in ORS 205.125 (County Clerk Lien Record) and 205.126 (Enforcement of order or warrant recorded in County Clerk Lien Record) and the order may be enforced as provided in ORS 205.125 (County Clerk Lien Record) and 205.126 (Enforcement of order or warrant recorded in County Clerk Lien Record). [2005 c.619 §4; 2009 c.816 §12]
Note: 90.736 (Civil penalties) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 90 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
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.