ORS 105.435
Authority of receiver
- financing agreements
- fee
- abatement work exempt from public contracting law
(1)
A receiver appointed by the court pursuant to ORS 105.420 (Findings) to 105.455 (Short title) may, unless specifically limited by the court:(a)
Take possession and control of the property, including the right to enter, modify and terminate tenancies pursuant to ORS 105.105 (Entry to be lawful and peaceable only) to 105.168 (Minor as party in proceedings pertaining to residential dwellings), to charge and collect rents and to apply rents to the costs incurred due to the abatement and receivership;(b)
Negotiate contracts and pay all expenses associated with the operation and conservation of the property, including all utility, fuel, custodial, repair or insurance costs;(c)
Pay all accrued property taxes, penalties, assessments and other charges imposed on the property by a unit of government and any charge accruing during the pendency of the receivership;(d)
Dispose of any or all abandoned personal property found at the structure;(e)
Enter into contracts and pay for the performance of any work necessary to complete the abatement; and(f)
Under such terms and condition as a court allows, enter into financing agreements with public or private lenders and encumber the property to have moneys available to correct the conditions at the property giving rise to the abatement.(2)
A court may approve a charge of an administrative fee for a receiver at an hourly rate approved by the court or at a rate not to exceed 15 percent of the total cost of the abatement.(3)
All abatement work done under ORS 105.420 (Findings) to 105.455 (Short title) is exempt from the public contracting statutes set forth in ORS 279C.005 (Definitions), 279C.100 (Definitions for ORS 279C.100 to 279C.125) to 279C.125 (Architectural, engineering, photogrammetric mapping, transportation planning and land surveying services selection process for local public improvements procured through state agency) and 279C.300 (Policy on competition) to 279C.470 (Compensation for contractor on contract declared void by court) and ORS chapters 279A and 279B, except ORS 279A.125 (Preference for recycled materials), 279A.250 (Definitions for ORS 279A.250 to 279A.290) to 279A.290 (Miscellaneous receipts accounts) and 279B.235 (Condition concerning hours of labor). [1989 c.649 §§5,6; 2003 c.794 §196; 2019 c.191 §3; 2021 c.97 §11]
Source:
Section 105.435 — Authority of receiver; financing agreements; fee; abatement work exempt from public contracting law, https://www.oregonlegislature.gov/bills_laws/ors/ors105.html
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