Oregon Statutes - Chapter 368 - County Roads - Section 368.276 - Hearing, notice and costs when county abates road hazard.

(1) Upon receipt of a report under ORS 368.271, a county governing body shall establish a time, place and date for a hearing to assess costs for acts performed under ORS 368.271 and to determine persons liable for payment of those costs.

(2) Notice of the hearing shall be provided by service under ORS 368.401 to 368.426 to:

(a) The person determined under ORS 368.266 to be in violation of ORS 368.256; or

(b) If no determination of violation has been made under ORS 368.266, the owner of the land that is the source of the violation and to any persons lawfully occupying that land during the time of the violation.

(3) After consideration of matters presented at the hearing, the county governing body shall issue an order:

(a) Establishing costs to be paid; and

(b) Directing the person the county governing body determines to be responsible for payment of the costs to pay the costs within the time established by the county governing body, which time shall not be less than 60 days.

(4) If the county governing body cannot establish responsibility for payment of costs under this section, the owner of the property that is the source of the violation of ORS 368.256 shall be responsible for payment unless the owner can establish that there was no reasonable method for the owner to control, stop or remove the cause of the violation.

(5) The county governing body shall provide for notice of the results of the hearing to persons ordered to pay costs by service under ORS 368.401 to 368.426. Any person who does not pay costs as directed by an order under this section is liable for those costs. [1981 c.153 §31]

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Last modified: August 7, 2008