71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
 
                            Enrolled
 
                         House Bill 3039
 
Sponsored by Representative CLOSE; Senator YIH (at the request of
  Commissioner Roger Nyquist)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to remedies for unlawful land use; amending ORS 215.185.
 
Be It Enacted by the People of the State of Oregon:
 
  SECTION 1. ORS 215.185 is amended to read:
  215.185. (1) In case a building or other structure is, or is
proposed to be, located, constructed, maintained, repaired,
altered, or used, or any land is, or is proposed to be, used, in
violation of an ordinance or regulation designed to implement a
comprehensive plan, the governing body of the county or a person
whose interest in real property in the county is or may be
affected by the violation, may, in addition to other remedies
provided by law, institute injunction, mandamus, abatement, or
other appropriate proceedings to prevent, temporarily or
permanently enjoin, abate, or remove the unlawful location,
construction, maintenance, repair, alteration, or use. When a
temporary restraining order is granted in a suit instituted by a
person who is not exempt from furnishing bonds or undertakings
under ORS 22.010, the person shall furnish undertaking as
provided in ORCP 82 A(1).
  (2) The court may allow the prevailing party reasonable
attorney fees and expenses in a judicial proceeding authorized by
this section that involves a dwelling approved to relieve a
temporary hardship. However, if the court allows the plaintiff
reasonable attorney fees or expenses, such fees or expenses shall
not be charged to the county if the county did not actively
defend itself or the landowner in the proceeding.
   { +  (3) Nothing in this section requires the governing body
of a county or a person whose interest in real property in the
county is or may be affected to avail itself of a remedy allowed
by this section or by any other law. + }
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Enrolled House Bill 3039 (HB 3039-INTRO)                   Page 1
 
 
 
 
 
Passed by House April 20, 2001
 
 
      ...........................................................
                                             Chief Clerk of House
 
      ...........................................................
                                                 Speaker of House
 
Passed by Senate May 9, 2001
 
 
      ...........................................................
                                              President of Senate
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 3039 (HB 3039-INTRO)                   Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2001
 
Approved:
 
......M.,............., 2001
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2001
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 3039 (HB 3039-INTRO)                   Page 3