72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
 
                            Enrolled
 
                         House Bill 3346
 
Sponsored by COMMITTEE ON JUDICIARY
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
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. + }
 
 
 
Enrolled House Bill 3346 (HB 3346-INTRO)                   Page 1
 
 
 
  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. + }
                         ----------
 
 
Passed by House May 5, 2003
 
 
      ...........................................................
                                             Chief Clerk of House
 
      ...........................................................
                                                 Speaker of House
 
Passed by Senate June 23, 2003
 
 
      ...........................................................
                                              President of Senate
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 3346 (HB 3346-INTRO)                   Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2003
 
Approved:
 
......M.,............., 2003
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2003
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 3346 (HB 3346-INTRO)                   Page 3