(a) The department determines, after providing notice and opportunity for a hearing, that the structure is an abandoned structure or a derelict structure; and
(b) The owner of the structure has failed to correct the problems identified in the notice within 20 days or a longer reasonable time as specified in the notice provided under the rules adopted under ORS 274.385 or within any additional time that may be granted by the department.
(2)(a) The notice required under subsection (1) of this section must:
(A) Identify, with specificity, the department’s proprietary interest in and jurisdiction over the state-owned submerged or submersible lands that the structure is on, under or over;
(B) Identify any person that the department has determined may have a potential interest in the structure or the land upon which the structure is located; and
(C) Be delivered by certified mail, return receipt requested, to any person with a potential interest in the structure or the land upon which the structure is located, as determined by the department after diligent investigation.
(b) As used in this subsection, "diligent investigation" includes but is not limited to a search of the county property records.
(3) The department may remove, salvage, store and dispose of structures seized under this section.
(4)(a) Nothing in this section affects the ability of the department to:
(A) Investigate and prosecute trespasses on and damage to state lands under ORS 273.185; or
(B) Immediately seize without notice a structure that presents a hazard to navigation or an imminent threat to public health or safety.
(b) If the department seizes a structure without notice under this subsection and the department wishes to salvage or dispose of the structure, the department shall provide notice as provided for in the rules adopted under ORS 274.385. [2015 c.715 §2]
Structure 2021 Oregon Revised Statutes
Volume : 07 - Public Facilities and Finance
Chapter 274 - Submersible and Submerged Lands
Section 274.005 - Definitions.
Section 274.025 - Jurisdiction over submersible and submerged lands generally.
Section 274.064 - Portland Harbor Cleanup Fund.
Section 274.210 - Authority of department to contract for drainage and reclamation of certain lands.
Section 274.220 - Application for drainage and reclamation of lands.
Section 274.230 - Investigation and report by Water Resources Director; terms of contract; bond.
Section 274.240 - Performance by contractor; disposal of lands; rules.
Section 274.250 - Nonperformance; action by department; appeal from decision of department.
Section 274.260 - Title of riparian owners.
Section 274.376 - Definitions for ORS 274.376 to 274.388.
Section 274.379 - Authority to seize abandoned structure or derelict structure; notice.
Section 274.382 - Liability for costs of removal, salvage, storage and disposal.
Section 274.388 - Submerged Lands Enhancement Fund.
Section 274.404 - Administrative determination of navigable waterway; rules; procedure.
Section 274.406 - Declaration of state’s claim; effect.
Section 274.408 - Public notice of claim; content.
Section 274.430 - State ownership of meandered lakes; status as navigable and public waters.
Section 274.500 - Conveyance of compact area; prices; maximum acreage.
Section 274.510 - Lake bed lands claimed by the United States.
Section 274.525 - City use of stream bed material.
Section 274.550 - Removal of material without payment of royalties; eligible material and uses.
Section 274.610 - Prohibited contracts for exploration for hard minerals; scientific research.
Section 274.705 - Definitions for ORS 274.705 to 274.860.
Section 274.712 - Limitations on leasing submerged and submersible lands within territorial sea.
Section 274.714 - Undersea cables within territorial sea; decommissioning cables.
Section 274.725 - Scope of leases and permits; persons ineligible.
Section 274.735 - Application for survey permit; effect of permit; rules.
Section 274.740 - Issuance of survey permit; renewal; reports.
Section 274.745 - Drilling logs and records.
Section 274.755 - Hearing prior to granting lease or easement.
Section 274.760 - Considerations involved in granting lease or easement.
Section 274.770 - Prohibited drilling requirements.
Section 274.820 - Water contamination or pollution.
Section 274.825 - Nonconflicting use of leased lands.
Section 274.870 - Definitions for ORS 274.870 to 274.879.
Section 274.876 - Proprietary authorization requirements; rules; fees.
Section 274.879 - Financial assurance; plan for decommissioning.
Section 274.905 - Definitions for ORS 274.905 to 274.940.
Section 274.910 - Application and effect.
Section 274.915 - Lease or disposal of new lands; method; rules.
Section 274.925 - Right of public riparian owner to purchase new lands; price determination.
Section 274.932 - Right of public body to purchase new lands created by it; price determination.
Section 274.940 - Reservation of historically filled lands or new lands.
Section 274.945 - Collection of shellfish mariculture records.
Section 274.950 - Jurisdiction to assert title to historically filled lands; requirements.
Section 274.952 - Determination of state interest in historically filled lands; study; procedures.
Section 274.954 - Declaration of state’s claim; effect.
Section 274.956 - Public notice of claim; content.
Section 274.992 - Civil penalties.
Section 274.994 - Amount of civil penalties; rules; considerations in imposing penalty.