Chapter 561 Oregon Laws 2003

AN ACT

HB 3346

Relating to recording of orders assessing civil penalties; creating new provisions; and amending ORS 268.360.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 268.360 is amended to read:

268.360. Subject to the provisions of a district charter:

(1) For purposes of its authorized functions a district may exercise police power and in so doing adopt [such] the ordinances [as] that a majority of the members of its council considers necessary for the proper functioning of the district. All legislative acts shall be by ordinance.

(2) Unless otherwise specified by the district in the ordinance, an ordinance shall become effective on the 90th day after its adoption. If the district refers an ordinance to the electors, the ordinance shall become effective on the 30th day after its approval by a majority of the electors voting on the measure or on a later date specified in the ordinance. If a referendum petition, other than a petition referring an ordinance declaring an emergency, is filed with the filing officer not later than the 90th day after the adoption of the ordinance and before the ordinance takes effect, the effective date of the ordinance shall be suspended. An ordinance referred by a proper referendum petition shall become inoperative and shall not take effect if a majority of the electors voting on the measure reject the ordinance.

(3) In addition to the provisions of ORS 268.990, violation of the district’s ordinances may be enjoined by the district [upon suit] in an action in a court of competent jurisdiction.

(4) In addition to any other penalty provided by law, any person who violates any ordinances or order of the district pertaining to one or more of its authorized functions shall incur a civil penalty not to exceed $500 a day for each day of violation.

(5) When an order assessing a civil penalty under this section becomes final by operation of law or on appeal, and the amount of penalty is not paid within 10 days after the order becomes final, the order may be recorded with the county clerk in any county of this state. The clerk shall record the name of the person incurring the penalty and the amount of the penalty in the County Clerk Lien Record.

SECTION 2. The amendments to ORS 268.360 by section 1 of this 2003 Act apply to orders that become final on or after the effective date of this 2003 Act.

Approved by the Governor July 8, 2003

Filed in the office of Secretary of State July 8, 2003

Effective date January 1, 2004

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