Bill Text: OR HB4138 | 2012 | Regular Session | Introduced
Bill Title: Relating to the neglect of foreclosed real property; declaring an emergency.
Spectrum: Partisan Bill (Democrat 19-0)
Status: (Failed) 2012-03-05 - In committee upon adjournment. [HB4138 Detail]
Download: Oregon-2012-HB4138-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2012 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 283
House Bill 4138
Sponsored by Representative FREDERICK; Representatives BAILEY,
BUCKLEY, DEMBROW, DOHERTY, GELSER, HARKER, HOYLE, HUNT,
KENY-GUYER, KOMP, KOTEK, MATTHEWS, NATHANSON, READ, J SMITH,
TOMEI, WITT, Senator MONNES ANDERSON (Presession filed.)
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.
Prohibits owner of foreclosed residential real property from
neglecting real property during periods of vacancy. Permits local
government to assess civil penalty for each day during which
owner fails to remedy conditions of neglect.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to the neglect of foreclosed real property; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) As used in this section:
(a) 'Foreclosed residential real property' means residential
property, as defined in ORS 18.901, that an owner obtains as a
result of:
(A) Foreclosing a trust deed on the residential property;
(B) Receiving a judgment that forecloses a lien on the
residential property; or
(C) Purchasing the residential property at a trustee's sale or
a sheriff's sale.
(b) 'Neglect' means:
(A) To fail or a failure to maintain the buildings, grounds or
appurtenances of foreclosed residential real property in such a
way as to allow:
(i) Excessive growth of foliage that diminishes the value of
adjacent property;
(ii) Trespassers or squatters to remain on the foreclosed
residential real property or in a structure located on the
foreclosed residential real property;
(iii) Mosquito larvae or pupae to grow in standing water on the
foreclosed residential real property; or
(iv) Other conditions on the foreclosed residential real
property that cause or contribute to causing a public nuisance.
(B) To fail or a failure to monitor the condition of foreclosed
residential real property by inspecting the foreclosed
residential real property at least once every 30 days with
sufficient attention so as to prevent, or to identify and remedy,
a condition described in subparagraph (A) of this paragraph.
(c) 'Owner' means a person, other than a local government,
named in a trust deed or other instrument as the legal owner of
foreclosed residential real property.
(2)(a) An owner may not neglect the owner's foreclosed
residential real property during any period in which the
foreclosed residential real property is vacant.
(b) An owner shall provide the owner's name or the name of an
agent of the owner and a telephone number or other means for
contacting the owner or agent to:
(A) The neighborhood association for the neighborhood in which
the foreclosed residential real property is located; or
(B) An official that the local government designates to receive
the information described in this paragraph.
(c) An owner shall post a durable notice in a conspicuous
location on the foreclosed residential real property that lists a
telephone number for the owner or for the local government that a
person may call to report a condition of neglect. The owner shall
replace the notice if the notice is removed from the foreclosed
residential real property during a period when the foreclosed
residential real property is vacant.
(d) An owner or the agent of an owner shall identify the owner
of the foreclosed residential real property to the local
government and shall provide to, and maintain with, the local
government current contact information during a period when the
foreclosed residential real property is vacant.
(3) Subject to subsections (4) to (6) of this section, a local
government may assess a civil penalty against an owner if the
local government finds that the owner's foreclosed residential
real property is located within the local government's
jurisdiction and that the owner has violated subsection (2) of
this section.
(4) A local government may assess a civil penalty under
subsection (3) of this section only after the local government:
(a) Notifies the owner in writing that the local government has
determined that the owner has violated a provision of subsection
(2) of this section and, in the notice:
(A) Describes the conditions of neglect that formed the basis
for the determination if the local government determines that the
owner violated subsection (2)(a) of this section;
(B) States that the local government may assess a civil penalty
against the owner in an amount that the local government
specifies in the written notice; and
(C) For violations of subsection (2)(a) of this section,
identifies the date by which the owner must begin to remedy the
conditions of neglect that formed the basis for the determination
and the date by which the owner must complete the remediation;
and
(b) Mails the notice to the address provided for the owner in
the trust deed or other instrument that is evidence of legal
ownership of the foreclosed residential real property or, if the
address is not current, posts the notice in a conspicuous
location on the foreclosed residential real property.
(5)(a) Before assessing a civil penalty under this section, a
local government shall:
(A) Allow an owner not less than 30 days to remedy a violation
of subsection (2)(a) of this section, unless the local government
makes a determination under paragraph (b) of this subsection; and
(B) Provide the owner with an opportunity to contest the
assessment at a hearing. The owner must contest the assessment
within 10 days after the date on which the local government
notifies the owner of the assessment.
(b) If the local government determines that a specific
condition of the foreclosed residential real property constitutes
a threat to public health or safety, the local government may
require an owner to remedy the specific condition in less than 30
days, provided that the local government specifies in the written
notice the date by which the owner must remedy the specific
condition.
(c) Subject to the provisions of this section, a local
government may specify in the written notice a different date by
which an owner must remedy separate conditions of neglect on the
foreclosed residential real property.
(6)(a) A local government may not assess a civil penalty under
this section on or before the date specified in the written
notice for the owner to complete the remediation. A civil penalty
under this section may not exceed $150 for each day during which
the owner fails to remedy the conditions that formed the basis
for the determination.
(b) In determining the amount of the civil penalty assessed
under this section, a local government shall take into account an
owner's timely and good faith efforts to remedy the conditions
that formed the basis of the determination.
(c) A local government may not assess a penalty under both the
provisions of this section and the provisions of a local
ordinance, resolution or regulation.
(7) A local government shall direct moneys received from civil
penalties assessed under this section for the purpose of
establishing or continuing a nuisance abatement program.
(8) Except as provided in subsection (6)(c) of this section,
this section does not preempt local government ordinances,
resolutions or regulations. + }
SECTION 2. { + This 2012 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2012 Act takes effect on its
passage. + }
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