(1) If residential property is found to be in violation of building or housing codes which the city or county, in the exercise of reasonable discretion believes constitutes a threat to the public health, safety or welfare, the city or county in addition to any other remedies available to it may apply to a court of competent jurisdiction for the appointment of a receiver to perform an abatement.
(2) At least 60 days prior to the filing of an application for appointment of a receiver pursuant to ORS 105.420 to 105.455, the city or county shall give written notice by regular mail to all interested parties of its intent to file the application and information relative to:
(a) The identity of the property;
(b) The violations of the building or housing codes giving rise to the application for the receiver;
(c) The name, address and telephone number of the person or department where additional information can be obtained concerning violations and their remedy; and
(d) The city or county which may seek the appointment of a receiver pursuant to ORS 105.420 to 105.455 unless action is taken within 60 days by an interested party.
(3) A city or county may not apply for the appointment of a receiver pursuant to ORS 105.420 to 105.455 if an interested party has commenced and is then prosecuting in a timely fashion an action or other judicial or nonjudicial proceeding to foreclose a security interest on the property, or to obtain specific performance of or forfeit the purchaser’s interest in under a land sale contract.
(4) Notice of the application for the appointment of a receiver pursuant to ORS 105.420 to 105.455 shall be served on all interested parties.
(5) If, following the application for appointment of a receiver, one or more of the interested parties elects to correct the conditions at the property giving rise to the city’s or county’s application for the appointment of a receiver, the party or parties shall be required to post security in an amount and character as the court deems appropriate to insure timely performance of all work necessary to make corrections, as well as such other conditions as the court deems appropriate to effect the timely completion of the corrections by the interested party or parties.
(6) In the event that no interested party elects to act pursuant to subsection (5) of this section or fails to timely perform work undertaken pursuant to subsection (5) of this section, the court shall make a determination that the property is an unsafe or insanitary condition and appoint a receiver to complete the abatement.
(7) A receiver may be any one of the following:
(a) A housing authority organized under the terms of ORS 456.055 to 456.235;
(b) An urban renewal agency organized under the terms of ORS 457.035 to 457.320;
(c) A private not-for-profit corporation, the primary purpose of which is the improvement of housing conditions within the city or county; or
(d) A city or county agency, bureau or similar subdivision designated by the city or county as being responsible for the rehabilitation of property.
(8) A receiver appointed by the court pursuant to ORS 105.420 to 105.455 shall not be required to give security or bond of any sort prior to appointment. [1989 c.649 §4; 1995 c.79 §34]
Section: Previous 105.385 105.390 105.395 105.400 105.405 105.420 105.425 105.430 105.435 105.440 105.445 105.450 105.455 105.462 105.464 NextLast modified: August 7, 2008