Oregon Statutes 455.895 – Civil penalties
(1)(a) The State Plumbing Board may impose a civil penalty against a person as provided under ORS § 447.992 and 693.992. Amounts recovered under this paragraph are subject to ORS § 693.165.
Terms Used In Oregon Statutes 455.895
- Appropriate advisory board: means the advisory board that has jurisdiction over a particular code, standard, license, certification or matter. See Oregon Statutes 455.010
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Department: means the Department of Consumer and Business Services. See Oregon Statutes 455.010
- Director: means the Director of the Department of Consumer and Business Services. See Oregon Statutes 455.010
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- public body: means state government bodies, local government bodies and special government bodies. See Oregon Statutes 174.109
- State building code: means the combined specialty codes. See Oregon Statutes 455.010
- State Treasury: includes those financial assets the lawful custody of which are vested in the State Treasurer and the office of the State Treasurer relating to the custody of those financial assets. See Oregon Statutes 174.100
(b) The Electrical and Elevator Board may impose a civil penalty against a person as provided under ORS § 479.995. Amounts recovered under this paragraph are subject to ORS § 479.850.
(c) The Board of Boiler Rules may impose a civil penalty against a person as provided under ORS § 480.670. Amounts recovered under this paragraph are subject to ORS § 480.670.
(2) The Department of Consumer and Business Services, or an appropriate advisory board, if any, may at its discretion impose a civil penalty against any person who violates the state building code or ORS § 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 446.566 to 446.646, 446.666 to 446.746, 479.510 to 479.945, 479.950 or 480.510 to 480.670, or this chapter or ORS Chapter 447, 460 or 693, or any rule adopted or order issued for the administration and enforcement of those statutes. Except as provided in subsections (3), (4) and (9) of this section or ORS § 446.995, a civil penalty imposed under this section must be in an amount determined by the appropriate advisory board or the department of not more than $5,000 for each offense or, in the case of a continuing offense, not more than $1,000 for each day of the offense.
(3) Each violation of ORS § 446.003 to 446.200 or 446.225 to 446.285, or any rule or order issued under ORS § 446.003 to 446.200 or 446.225 to 446.285, constitutes a separate violation with respect to each manufactured dwelling or with respect to each failure or refusal to allow or perform an act required under ORS § 446.003 to 446.200 or 446.225 to 446.285, except that the maximum civil penalty may not exceed $1 million for any related series of violations occurring within one year from the date of the first violation.
(4) The department may impose a civil penalty of not more than $25,000 against a public body responsible for administering and enforcing a building inspection program. As used in this subsection, ‘public body’ has the meaning given that term in ORS § 174.109.
(5) The maximum penalty established by this section for a violation may be imposed only upon a finding that the person has engaged in a pattern of violations. The department, by rule, shall define what constitutes a pattern of violations. Except as provided in subsections (1) and (10) of this section, moneys received from any civil penalty under this section are appropriated continuously for and shall be used by the department for enforcement and administration of provisions and rules described in subsection (2) of this section.
(6) Civil penalties under this section shall be imposed as provided in ORS § 183.745.
(7) A civil penalty imposed under this section may be remitted or reduced upon such terms and conditions as the department or the appropriate advisory board considers proper and consistent with the public health and safety. In any judicial review of a civil penalty imposed under this section, the court may, in its discretion, reduce the penalty.
(8) Any officer, director, shareholder or agent of a corporation, or member or agent of a partnership or association, who personally participates in or is an accessory to any violation by the partnership, association or corporation of a provision or rule described in subsection (2) of this section is subject to the penalties prescribed in this section.
(9) In addition to the civil penalty set forth in subsection (1) or (2) of this section, any person who violates a provision or rule described in subsection (2) of this section may be required by the department or the appropriate advisory board to forfeit and pay to the General Fund of the State Treasury a civil penalty in an amount determined by the department or advisory board that does not exceed five times the amount by which such person profited in any transaction that violates a provision or rule described in subsection (2) of this section.
(10) If a civil penalty is imposed for a violation of a provision of ORS § 446.566 to 446.646 and the violation relates to a filing or failure to file with a county assessor functioning as agent of the department, the department, after deducting an amount equal to the department’s procedural, collection and other related costs and expenses, shall forward one-half of the remaining civil penalty amount to the county in which the manufactured structure is located at the time of the violation. [1991 c.792 § 4; 1991 c.734 § 111; 1999 c.1045 § 19; 2001 c.411 § 21; 2003 c.14 § 286; 2003 c.655 § 76; 2007 c.549 § 6; 2007 c.898 § 1; 2013 c.324 § 11; 2019 c.422 § 22]