(1) As used in this section, ‘actionable condition’ means a condition on public or private property that obstructs, clogs, damages, injures, reduces the efficiency of, impairs the usefulness of or otherwise has a negative impact on the district’s works.

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Terms Used In Oregon Statutes 550.410

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

(2) In addition to the remedies provided under ORS § 550.390 and 550.400, when an actionable condition exists, the district may bring a civil action in Multnomah County Circuit Court against the person or persons responsible for creating or maintaining the actionable condition.

(3) The civil action may include a request for one or more of the following remedies:

(a) Injunctive relief;

(b) Authority to enter onto the property to abate the actionable condition; and

(c) Remediation costs and damages that arise from the existence or abatement of the actionable condition. [2022 c.16 § 18]