Oregon Statutes 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:
Terms Used In Oregon Statutes 368.271
- County road: means a public road under the jurisdiction of a county that has been designated as a county road under ORS § 368. See Oregon Statutes 368.001
- County road official: means the roadmaster, engineer, road supervisor, public works director or other administrative officer designated by the county governing body as being responsible for administration of the road activities of the county. See Oregon Statutes 368.001
- Owner: means a vendee under a recorded land sale contract or, if there is no recorded land sale contract, the holder of the record title of land if the vendee or holder has a present interest equal to or greater than a life estate. See Oregon Statutes 368.001
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Personal property: All property that is not real property.
- Road: means the entire right of way of any public or private way that provides ingress to or egress from property by means of vehicles or other means or that provides travel between places by means of vehicles. See Oregon Statutes 368.001
(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]
[Repealed by 1981 c.153 § 79]