Oregon Statutes 570.190 – Notices; manner of service; persons authorized to make service; reputed owner considered owner
(1) All notices provided for in ORS § 570.140 to 570.190 shall be served upon each owner of the infected or infested premises or chattel, or upon the owner of each, if the premises and chattel are under different ownership. Service shall be made in the following manner:
Terms Used In Oregon Statutes 570.190
- 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.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(a) If the owners are individuals and can with reasonable diligence be found within the county where the infested or infected premises or chattel are, notice shall be served upon one or more of the owners personally, by delivering a copy of the notice certified by the officer making the inspection.
(b) If the owner is a corporation, by delivery of a certified copy to the president or other head of the corporation or to a secretary, cashier or managing agent, or if none of the officers of the corporation can with reasonable diligence be found within the county:
(A) By delivery of a certified copy to any clerk or agent of the corporation who may with reasonable diligence be found within the county; or
(B) If no person described in subparagraph (A) of this paragraph is found, by mailing a certified copy to the principal office of the corporation or to any person authorized to accept legal service for the corporation.
(c) If the owner is a minor under the age of 14 years:
(A) To the minor’s father, mother or guardian; or
(B) If no father, mother or guardian of the minor is found within the county, then to any person:
(i) Having the care or control of the minor;
(ii) With whom the minor resides; or
(iii) In whose service the minor is employed.
(d) If the owner is a person judicially declared to be of unsound mind, or incapable of conducting the affairs of the person, and for whom a guardian has been appointed, on the guardian.
(e) If any owner is a resident of the county and personal service of the notice cannot, with diligence, be had, personal service may be made on some person of the family, above the age of 14 years, at the residence or usual place of abode of the owner.
(f) If a notice cannot with reasonable diligence be served as provided in this section, the notice shall be posted by any person qualified to make personal service of the notice in a conspicuous place on the infected or infested premises, or on the premises or conveyance containing the infected or infested chattel.
(2) A notice may be served by any representative of the State Department of Agriculture, or by a sheriff or deputies of the sheriff. The notice shall state the spray to be used or the treatment to be applied for the eradication of insects or other plant pests or the eggs, larvae or pupae of insects or other plant pests. The treatment may include the destruction of infested or infected articles, if destruction is necessary in the judgment of the person inspecting the articles under the authority conferred by law.
(3) For the purposes of ORS § 570.130 to 570.190 any reputed owner shall be considered as the owner of any infected or infested premises or chattel. [Amended by 2015 c.203 § 13]
[Repealed by 1961 c.394 § 1 (570.196 enacted in lieu of 570.195)]
[1961 c.394 § 2 (enacted in lieu of 570.195); repealed by 2009 c.98 § 31]
[1961 c.394 § 4; repealed by 2009 c.98 § 31]
[2009 c.98 § 4; repealed by 2015 c.203 § 28]
PLANT PESTS