Actions and Suits in Particular Cases

ORS 30.315
Proceedings by cities and counties to enforce ordinances and resolutions

(1)

An incorporated city or any county may maintain civil proceedings in courts of this state against any person or property to enforce requirements or prohibitions of its ordinances or resolutions when it seeks:

(a)

To collect a fee or charge;

(b)

To enforce a forfeiture;

(c)

To require or enjoin the performance of an act affecting real property;

(d)

To enjoin continuance of a violation that has existed for 10 days or more; or

(e)

To enjoin further commission of a violation that otherwise may result in additional violations of the same or related penal provisions affecting the public morals, health or safety.

(2)

The remedies provided by this section are supplementary and in addition to those described in ORS 30.310 (Actions and suits by governmental units).

(3)

Nothing in this section shall affect the limitations imposed on cities and counties by ORS 131A.010 (Legislative findings) (3) and (4). [1961 c.313 §2; 1963 c.338 §1; 1985 c.626 §1; 1989 c.882 §§1,2; 2009 c.78 §53]

Notes of Decisions

Where forfeiture sanction is imposed by cities and counties for conduct that is defined and punishable as crime under state law, ORS 30.315 (3) denies use of state courts to enforce forfeitures. City of Springfield v. $10,000.00 In U.S. Currency, 309 Or 272, 786 P2d 723 (1990); Linn County v. 22.16 Acres, 309 Or 279, 786 P2d 726 (1990); Multnomah County v. $5,650 In U.S. Currency, 309 Or 285, 786 P2d 729 (1990)

Law Review Citations

69 OLR 170 (1990)

§§ 30.310 to 30.400

Atty. Gen. Opinions

Activities of National Guard personnel as within Tort Claims Act, (1981) Vol 41, p 441

Source

Last accessed
Jun. 26, 2021

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