2021 Oregon Revised Statutes
Chapter 431A - Public Health Programs and Activities
Section 431A.365 - Costs imposed pursuant to ORS 431A.363; notice; hearing; lien.

(2)(a) The person served under subsection (1) of this section may, within 20 days of the date of the notice, make a written request for a hearing.
(b) The authority may by rule provide for a longer period of time in which a hearing may be requested.
(c) If a hearing is not timely requested, the authority may issue a final order imposing costs.
(3) A person who makes a timely request for a hearing under subsection (2) of this section is entitled to a hearing. The hearing must be conducted as a contested case hearing pursuant to ORS chapter 183.
(4) Judicial review of an order made after a hearing described in subsection (3) of this section shall comply with the requirements for judicial review of a contested case under ORS chapter 183.
(5) When an order imposing costs under this section becomes final, and the amount of costs is not paid within 10 days after the date on which the order becomes final, the order may be recorded with the county clerk in any county in this state. The clerk shall record the name of the person incurring the costs and the amount of costs in the County Clerk Lien Record. In addition to any other remedy provided by law, recording an order in the County Clerk Lien Record has the effect provided for in ORS 205.125 and 205.126 and the order may be enforced as provided for in ORS 205.125 and 205.126.
(6) The notice described in this section may be made part of any other notice served by the authority pursuant to ORS 183.415.
(7)(a) Costs in an amount sufficient to cover expenses incurred by the authority under ORS 431A.363 shall constitute a lien upon any real and personal property owned by a person who fails to timely comply with an order issued under this section.
(b) At any time after a person fails to comply with an order issued under this section, the authority may file a claim of lien on real property to be charged with a lien under this subsection with the recording officer of each county in which the real property is located, and a claim of lien on personal property to be charged with a lien under this section with the Secretary of State.
(c) A lien filed under this section shall attach and become enforceable on the date of the filing. The lien claim must contain:
(A) A statement of the demand;
(B) The name of the person against whose property the lien attaches;
(C) A description of the property charged with the lien sufficient for identification; and
(D) A statement of the failure of the person to perform the risk assessment, hazard abatement or hazard control as required.
(d) A lien created by this section may be foreclosed by a suit on real and personal property in the circuit court in the manner provided by law for the foreclosure of other liens. In an action to foreclose on a lien under this section in which the authority prevails, the court, at trial and on appeal, shall allow and fix a reasonable amount for attorney fees for prosecution of the action, if the court finds that a written demand for payment of the claim was made on the defendant not less than 20 days before the commencement of the action.
(8) This section does not affect the ability of the authority to bring other actions to recover costs described in ORS 431A.363, or as otherwise authorized by law. [2021 c.49 §3]

Structure 2021 Oregon Revised Statutes