(1) The State Landscape Architect Board may impose a civil penalty against any person who violates any provision of ORS § 671.310 to 671.459 or any rule adopted thereunder. The penalty shall be imposed in the manner provided by ORS § 183.745. The board shall determine the amount of a civil penalty imposed under this section, not to exceed $5,000 for each offense. Notwithstanding ORS § 670.335, civil penalties recovered under this section shall be deposited into an account established by the board as provided under ORS § 182.470. Moneys deposited are appropriated continuously to the board for the administration and enforcement of ORS § 182.456 to 182.472, 671.310 to 671.459 and 671.995. The Attorney General shall bring an action in the name of the State of Oregon in a court of appropriate jurisdiction to enforce any civil penalty imposed under this section.

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Terms Used In Oregon Statutes 671.995

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

(2) In determining the amount of a civil penalty imposed under this section, the board may consider:

(a) The seriousness of the violation;

(b) The economic benefit to the violator resulting from the violation;

(c) Whether the violator has previously committed violations; and

(d) Other factors that the board finds appropriate. [Formerly 671.950]