(2) An itemized statement of the actual cost incurred by the forester or association or agency, or both, certified to by the forester, shall be accepted as prima facie evidence of the actual cost in any proceeding authorized by this section.
(3) The actual cost in cases covered by ORS 477.066 shall constitute a general lien upon the real and personal property of such owner or operator. A written notice of the lien, containing a description of the property and a statement of the actual cost, shall be certified under oath by the forester or any warden and filed in the office of the county clerk of the county in which the lands and personal property are situated within 12 months after the calendar year within which the fire originated, and may be foreclosed in the manner provided by law for foreclosure of liens for labor and material. In any proceeding to foreclose a lien created under this subsection, recovery for the plaintiff shall include, in addition to the amount of the actual cost, interest on such amount at the rate of 10 percent per year from the date of the filing of the written notice of the lien.
(4) Upon request of the forester, the district attorney for the district in which the lands and personal property are situated or the Attorney General shall prosecute such action or foreclose the lien in the name of the State of Oregon or such forest protective association or agency, or both. Liens provided for in this section shall cease to exist unless suit for foreclosure is instituted within 12 months from the date of filing under subsection (3) of this section.
(5) In any action under subsection (1) of this section to recover actual cost and in any proceeding to foreclose any lien created by subsection (3) of this section, the court shall award, in addition to costs and disbursements, reasonable attorney fees at trial and on appeal to the prevailing party. [Formerly 477.038; 1955 c.218 §1; 1959 c.363 §6; 1961 c.603 §8; 1965 c.253 §53; 1965 c.428 §§11,12; 1973 c.66 §1; 1981 c.897 §54; 1983 c.22 §3; 1983 c.27 §1; 1997 c.206 §1]
Structure 2021 Oregon Revised Statutes
Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources
Chapter 477 - Fire Protection of Forests and Vegetation
Section 477.001 - Definitions.
Section 477.009 - Investigative authority of Attorney General for fire protection administration.
Section 477.013 - Smoke management plan; rules.
Section 477.027 - Establishment of classes of wildland-urban interface; rules.
Section 477.066 - Duty of owner and operator to abate fire; abatement by authorities.
Section 477.068 - Liability for cost of abatement; interest; lien; foreclosure; attorney fees.
Section 477.089 - Recovery for property damage; liability for firefighting costs.
Section 477.092 - Liability for destruction of property by wildfire.
Section 477.095 - Applicability of ORS 477.068, 477.085 and 477.089.
Section 477.100 - Ability of owner to suppress fire; limitation.
Section 477.120 - Liability of owner or operator.
Section 477.123 - Volunteer fighters of wildfires.
Section 477.128 - Expenditures for criminal defense related to fire suppression activities.
Section 477.150 - Smoke detection cameras.
Section 477.155 - Wildfire response capacity.
Section 477.161 - Fire protection for lands outside forest protection districts.
Section 477.175 - Definition of "all possible aid" for agreement.
Section 477.185 - Use of local fire protection resources.
Section 477.190 - Authority of Governor to carry out agreement.
Section 477.195 - Ratification of Northwest Wildland Fire Protection Agreement.
Section 477.200 - Northwest Wildland Fire Protection Agreement.
Section 477.205 - Definitions for ORS 477.205 to 477.281.
Section 477.220 - Lands not provided protection; lands not included within ORS 477.205 to 477.281.
Section 477.232 - Costs in excess of budget; amounts not expended.
Section 477.250 - Notice of budget meeting; notice of proposed assessment.
Section 477.255 - Holding of budget meeting; revision and submission of budget for final approval.
Section 477.260 - Appeal to board.
Section 477.270 - Budgeted cost of forester to be lien; collection; deposit of amounts collected.
Section 477.281 - Limitation on obligation of landowner for fire protection.
Section 477.295 - Minimum assessment under ORS 477.270; combining lots; fees; rules.
Section 477.315 - Definitions for ORS 477.315 to 477.325.
Section 477.317 - State Forester assistance to rangeland protection association.
Section 477.325 - Budget for rangeland protection; collection of costs; disposition of receipts.
Section 477.355 - Fire wardens generally.
Section 477.365 - Duties and powers of wardens.
Section 477.408 - Provisions of contract or agreement.
Section 477.409 - Contracts for off-season services for fire prevention and suppression personnel.
Section 477.440 - Emergency Fire Cost Committee; members; terms; vacancies.
Section 477.455 - Meetings of committee; committee administrator.
Section 477.460 - Duties of administrator; compensation and expenses.
Section 477.490 - Statewide map of wildfire risk; rules.
Section 477.503 - Reduction of wildfire risk.
Section 477.504 - No effect on management of private lands.
Section 477.505 - State Forester may declare fire season in district.
Section 477.510 - Acts prohibited during fire season.
Section 477.512 - Additional acts prohibited during fire season.
Section 477.540 - Notice of proclamation; suspension or termination; reinstatement.
Section 477.545 - Restricted uses during closure.
Section 477.550 - Violation of restrictions; access for fire fighting permitted.
Section 477.554 - Program establishment; content.
Section 477.556 - Advisory committee; membership; terms; staff.
Section 477.558 - Functions for advisory committee.
Section 477.560 - Oregon Forest Smoke Management Account; moneys paid to account; use.
Section 477.562 - Registration fee; rules.
Section 477.565 - Felling dead trees and snags; rules.
Section 477.610 - Standardization of fire-fighting equipment used to protect forestland; rules.
Section 477.615 - Additional water supply and equipment; rules.
Section 477.630 - Information in permit.
Section 477.645 - Internal combustion engines; rules.
Section 477.650 - Stationary internal combustion engines; rules; waiver.
Section 477.655 - Fire-fighting tools and equipment at operation area and on trucks; rules.
Section 477.665 - Fire watch service; rules; waiver.
Section 477.695 - Removal of flammable material from railroad rights of way.
Section 477.698 - Permits for prescribed fires; rules.
Section 477.720 - Accidentally setting fire to forestland; failure to prevent spread.
Section 477.740 - Unlawful use of fire.
Section 477.745 - Liability of parents for costs of suppressing fire caused by minor child.
Section 477.747 - Policies and plans for restoration of burned forestland.
Section 477.748 - Small forestland grant program.
Section 477.750 - Oregon Forest Land Protection Fund; source; use.
Section 477.755 - Appropriation of fund; limitation on expenditures.
Section 477.777 - Agency request budget; expenditures; report.
Section 477.960 - Collection of assessment.
Section 477.980 - Enforcement policy; rules; factors considered.