71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 3407
 
                         House Bill 3039
 
Sponsored by Representative CLOSE (at the request of Commissioner
  Roger Nyquist)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Specifies that governing body of county or person whose
interest in real property in county may be affected by unlawful
structure or land use is not required, by provision allowing
certain remedies, to avail itself of remedies allowed.
 
                        A BILL FOR 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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