Oregon Statutes 477.062 – Inadequately protected forestland declared nuisance; notice to protect; work at expense of owner; collection of amount expended
(1) All forestland that by reason of its lack of adequate fire protection endangers life, forest resources or property is declared to be a public nuisance.
Terms Used In Oregon Statutes 477.062
- Department: means the State Forestry Department. See Oregon Statutes 477.001
- Forester: means the State Forester or authorized representative. See Oregon Statutes 477.001
- Forestland: means any woodland, brushland, timberland, grazing land or clearing that, during any time of the year, contains enough forest growth, slashing or vegetation to constitute, in the judgment of the forester, a fire hazard, regardless of how the land is zoned or taxed. See Oregon Statutes 477.001
- Operator: means any person who, either personally or through employees, agents, representatives or contractors, is carrying on or has carried on any operation. See Oregon Statutes 477.001
- Owner: means an individual, a combination of individuals, a partnership, a corporation, the State of Oregon or a political subdivision thereof, or an association of any nature that holds an ownership interest in land. See Oregon Statutes 477.001
- 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
(2) Whenever the forester learns thereof, the forester may direct the owner or operator of such forestland to take proper steps for its protection and advise the owner or operator of means to that end. In case of refusal or neglect by either to take precautions against fire required by law or when so directed by the forester in writing, within such time as is specified in the writing, then the forester may have such work done as the forester considers necessary for the protection of life, forest resources or property, without the necessity of court action.
(3) The cost of work under subsection (2) of this section and the expense of any patrol rendered necessary by the want of adequate protection of such forestland shall be recoverable from the offender by an action prosecuted in the name of the state.
(4) All moneys collected under this section shall be paid into the State Treasury, credited to the State Forestry Department Account and expended as other moneys in that account are expended. [Formerly 477.032; 1965 c.253 § 50; 1997 c.274 § 2]
FIRE ABATEMENT