Oregon Statutes - Chapter 568 - Soil and Water Conservation; Water Quality Management - Section 568.700 - Petition to circuit court for enforcement of regulations; contents of petition.

Where the directors of any district find that any of the provisions of land-use regulations prescribed in an ordinance adopted in accordance with ORS 568.630 to 568.690 are not being observed on particular lands, and that such nonobservance tends to increase erosion on such lands and is interfering with the prevention or control of erosion on other lands within the district, the directors may present to the circuit court of the county in which the lands of the defendants lie a petition, duly verified, setting forth:

(1) The adoption of the ordinance prescribing land-use regulations, the failure of the defendant landowner or occupier to observe such regulations and to perform particular work, operations or avoidance as required thereby.

(2) That such nonobservance tends to increase erosion on such lands and is interfering with the prevention or control of erosion on other lands within the district, and praying the court to require the defendant to perform the work, operations or avoidances within a reasonable time and to order that if the defendant fails so to perform the directors may go on the land, perform the work or other operations or otherwise bring the condition of such lands into conformity with the requirements of such regulations, and recover the costs and expenses thereof with interest, from the owner or occupier of such land.

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Last modified: August 7, 2008