ORS 377.775
Removal procedure for noncomplying signs

  • ownership issues at hearing
  • disposition of removed signs
  • costs of removal

(1)

Any sign that fails to comply with ORS 377.700 (Short title) to 377.844 (Enforcement of rules regarding health and safety) is a public and private nuisance. In addition to the penalties provided by ORS 377.992 (Penalties), such a sign may be removed by the Director of Transportation or the duly authorized representative of the director as provided by this section. The director may enter upon private property and remove the sign without incurring any liability therefor.

(2)

If a noncomplying sign does not bear the name and address of its owner or if the owner is not readily identified and located, the director may remove it immediately.

(3)

Intentionally left blank —Ed.

(a)

If a noncomplying sign bears the name and address of its owner or if the owner of the sign is readily identified and located, the director shall notify the owner that the sign is in violation of ORS 377.700 (Short title) to 377.844 (Enforcement of rules regarding health and safety) and that the owner has 30 days from the date of the notice within which to make the sign comply, to remove the sign or to request a hearing before the director within the time specified in the notice.

(b)

If the sign is not made to comply or is not removed and if the owner does not request a hearing within the time required, or if the owner after a hearing fails to comply with the final order in the proceedings, the director or the duly authorized representatives of the director may remove and destroy or otherwise dispose of the sign.

(4)

Intentionally left blank —Ed.

(a)

If the person who receives notice under subsection (3) of this section intends to raise issues regarding ownership interests in the sign or its appurtenances in a hearing requested under subsection (3) of this section, the request for hearing must include notice that the person intends to raise those issues and must contain the names and addresses of all persons who have ownership interests in the sign or its appurtenances.

(b)

If the person requesting the hearing under subsection (3) of this section fails to include notice of intent to raise issues regarding ownership interests, the person may not raise the issues in the hearing. In addition, the person who requested the hearing may not raise issues regarding ownership interests of any person whose name and address the person who requested the hearing has failed to provide as required by paragraph (a) of this subsection.

(c)

For purposes of this subsection, an ownership interest includes, but is not limited to:

(A)

An interest in the land on which the sign is located, in the sign structure and in the display surface; and

(B)

A right to operate the sign, whether the right is created by lease, operating agreement or otherwise.

(5)

Intentionally left blank —Ed.

(a)

The director shall, after removing a sign in accordance with subsection (2) of this section, place the sign in storage for 30 days while the director makes a further effort to find its owner.

(b)

If the owner cannot be found within 30 days, the director may, without incurring any liability therefor, destroy or otherwise dispose of the sign.

(c)

If the owner is found within 30 days, the owner may be required to remove the sign from storage.

(d)

If the owner is found at any time, the director may recover from the owner the cost of storage. The cost of storage is in addition to the cost of removal payable under subsection (6) of this section.

(6)

The owner is liable for, and the director shall collect, the costs of removing a sign. Costs shall be determined by the director on the basis of actual costs of removal or on a square-foot flat fee basis.

(7)

A hearing under this section shall be conducted as a contested case hearing under ORS chapter 183. [1971 c.770 §17; 1973 c.790 §13; 1977 c.265 §5; 1993 c.741 §61; 2001 c.508 §2; 2007 c.199 §18]

Source: Section 377.775 — Removal procedure for noncomplying signs; ownership issues at hearing; disposition of removed signs; costs of removal, https://www.­oregonlegislature.­gov/bills_laws/ors/ors377.­html.

Notes of Decisions

Billboard may be nonconforming sign subject to removal notwithstanding that it is no longer outdoor advertising sign. Outdoor Media Dimensions, Inc. v. State of Oregon, 150 Or App 106, 945 P2d 614 (1997), aff’d 331 Or 634, 20 P3d 180 (2001)

377.030
Destruction or removal of trees on state highways without permission prohibited 377.040
Application to department to remove trees along state highways 377.050
Consent of department for removal of trees along state highways 377.100
Study of highway system 377.105
Effect of designation as historic and scenic highway 377.505
Definitions for ORS 377.505 to 377.540 377.510
Signs visible from state highways regulated 377.515
Removal of nonconforming signs deferred 377.521
Status of previously designated scenic areas 377.540
Director of Transportation to enforce orders and render administrative assistance 377.605
Definitions for ORS 377.605 to 377.655 377.610
Public policy on junkyards 377.615
Director’s authority to promulgate regulations, enter into agreements with federal government 377.620
Restrictions on maintaining or establishing junkyard along highway 377.625
Screening junkyard located in restricted area 377.630
Removing junkyard from restricted area 377.635
Junkyard in violation of restrictions declared a public nuisance 377.640
Acquisition of land necessary to screen or relocate junkyards 377.645
Expenditure of moneys to screen or relocate junkyards prior to availability of federal matching funds 377.650
Personal property on state highway 377.653
Personal property under state highway bridge 377.655
Rules for removal and disposition of signs and property in violation of ORS 377.650 377.700
Short title 377.705
Policy 377.707
Identifying location of signs on construction plans 377.708
Effect on certain signs of transfer of jurisdiction over state highway 377.710
Definitions for ORS 377.700 to 377.844 377.712
Issuance of permits for certain preexisting signs 377.713
Compensation following partial or total loss of outdoor advertising sign 377.715
Application of ORS 377.700 to 377.844 377.720
Prohibited signs 377.723
Affidavit of city or county necessary for issuance of sign permit 377.725
Permit 377.729
Fees for sign permits and business licenses 377.730
License for business of maintaining or erecting signs 377.735
Exemptions from sign permit requirements 377.737
Giving or receiving compensation or value for signs 377.740
ORS 377.700 to 377.844 not intended to authorize signs prohibited by other governmental units 377.745
Limitation on form and size of signs 377.750
Spacing between signs 377.753
Permits for outdoor advertising signs 377.756
Permits for signs erected by city or unincorporated community 377.757
Requirements for signs authorized by ORS 377.756 377.758
Notification by federal authorities of illegal sign 377.759
Issuance of relocation credits for removal of outdoor advertising signs from scenic byway 377.762
Issuance of relocation credits for removal of sign 377.763
Consolidation of relocation credits 377.765
Status of previously existing signs 377.767
Relocation of existing outdoor advertising sign 377.768
Effect of relocation permit on existing sign permit 377.770
Signs in protected, commercial or industrial areas 377.773
When sign abandoned 377.775
Removal procedure for noncomplying signs 377.777
Action to enjoin person from violation of ORS 377.700 to 377.844 377.780
Removal of outdoor advertising signs 377.787
Contracts to study traveler information needs 377.790
Construction, maintenance and operation of tourist and motorist informational signs 377.795
Allocation of costs of telephone informational system 377.800
Tourist and motorist informational signs 377.805
Form of tourist and motorist informational signs 377.820
Application for tourist or motorist informational sign permit 377.825
Fees for sign applications, maintenance costs and reinstallation 377.830
Limitation on motorist informational sign permits 377.831
Application for digital billboard permit 377.833
Public notifications 377.835
Creation of Travel Information Council as semi-independent state agency 377.836
Application of certain statutes to Travel Information Council 377.838
Authority of executive director of Travel Information Council 377.839
Authority of Travel Information Council 377.840
Travel Information Council account 377.841
Roadside rest areas 377.842
Refreshments at roadside rest areas 377.844
Enforcement of rules regarding health and safety 377.845
Use of funds by Department of Transportation after repayment of highway fund 377.880
Informational materials in roadside rest areas 377.885
Department of Transportation Human Trafficking Awareness Fund 377.887
State Parks and Recreation Department Human Trafficking Awareness Fund 377.992
Penalties
Green check means up to date. Up to date

Current through early 2024

§ 377.775’s source at oregon​.gov