Oregon Statutes - Chapter 368 - County Roads - Section 368.271 - Abatement of road hazard by county.

(1) A county road official may abate a violation of ORS 368.256 at any time if any of the following occur:

(a) If the period of time established for abatement of the violation under ORS 368.266 passes and the person ordered to abate the violation has not done so within that time.

(b) If a reasonable attempt to provide service under ORS 368.266 has been made and no owner or lawful occupant of the property has been located and served.

(c) If the county road official determines that the violation creates a substantial risk of damage, injury or other emergency condition that requires abatement without delay and without notice or hearing. A county road official is not required to comply with ORS 368.261 and 368.266 when the county road official abates a violation under this paragraph.

(2) A county road official may take any reasonable actions under this section to abate the violation of ORS 368.256.

(3) A county and its officers, agents and employees are exempt from liability for any reasonable acts performed under this section, including, but not limited to, any reasonable trespass or conversion of personal property.

(4) If a county road official performs any acts under this section, the county road official shall file a written report with the county governing body. The report shall contain:

(a) An explanation of the acts performed;

(b) The reasons for performing the acts described;

(c) The costs incurred in abating the violation; and

(d) Any other information required by the county governing body. [1981 c.153 §30]

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Last modified: August 7, 2008