Oregon Statutes 90.736 – Civil penalties
(1) The Housing and Community Services Department may assess a civil penalty against a landlord or owner if the department finds that the landlord or owner has not complied with ORS § 90.732 or 90.734. The civil penalty may not exceed $1,000. The department shall assess the civil penalty according to the schedule of penalties developed by the department under ORS § 90.738. In assessing a civil penalty under this section, the department shall take into consideration any good faith efforts by the landlord or owner to comply with ORS § 90.732 or 90.734.
Terms Used In Oregon Statutes 90.736
- Action: includes recoupment, counterclaim, setoff, suit in equity and any other proceeding in which rights are determined, including an action for possession. See Oregon Statutes 90.100
- Facility: means a manufactured dwelling park or a marina. See Oregon Statutes 90.100
- Good faith: means honesty in fact in the conduct of the transaction concerned. See Oregon Statutes 90.100
- Landlord: includes a person who is authorized by the owner, lessor or sublessor to manage the premises or to enter into a rental agreement. See Oregon Statutes 90.100
- Lien: A claim against real or personal property in satisfaction of a debt.
- Marina: means a moorage of contiguous dwelling units that may be legally transferred as a single unit and are owned by one person where four or more floating homes are secured, the primary purpose of which is to rent space or keep space for rent to any person for a charge or fee. See Oregon Statutes 90.100
- Owner: includes a mortgagee in possession and means one or more persons, jointly or severally, in whom is vested:
(a) All or part of the legal title to property; or
(b) All or part of the beneficial ownership and a right to present use and enjoyment of the premises. See Oregon Statutes 90.100
(2) The department shall deposit a civil penalty assessed under this section in the Manufactured and Marina Communities Account.
(3) If a civil penalty assessed under this section is not paid on or before 90 days after the order assessing the civil penalty becomes final by operation of law, the department may file the order with the county clerk of the county where the facility is located as a lien against the facility. In addition to any other available remedy, recording the order in the County Clerk Lien Record has the effect provided for in ORS § 205.125 and 205.126 and the order may be enforced as provided in ORS § 205.125 and 205.126. [2005 c.619 § 4; 2009 c.816 § 12; 2019 c.625 6,20]
90.736 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 90 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.