Controlled Substances

ORS 475.485
Costs and penalties as lien

  • enforcement of lien

(1)

All of the state’s cleanup costs, penalties and punitive damages for which a person is liable to the state under ORS 475.435 (Authority of director) or 475.455 (Liability of certain persons for cleanup costs) shall constitute a lien upon any real and personal property owned by the person.

(2)

At the discretion of the Department of Environmental Quality, the department may file a claim of lien on real property or a claim of lien on personal property. The department shall file a claim of lien on real property to be charged with a lien under this section with the recording officer of each county in which the real property is located and shall file a claim of lien on personal property to be charged with a lien under this section with the Secretary of State. The lien shall attach and become enforceable on the day of such filing. The lien claim shall contain:

(a)

A statement of the demand;

(b)

The name of the person against whose property the lien attaches;

(c)

A description of the property charged with the lien sufficient for identification; and

(d)

A statement of the failure of the person to conduct cleanup action and pay penalties and damages as required.

(3)

The lien created by this section may be foreclosed by a suit on real and personal property in the circuit court in the manner provided by law for the foreclosure of other liens.

(4)

Nothing in this section shall affect the right of the state to bring an action against any person to recover all costs and damages for which the person is liable under ORS 475.435 (Authority of director) or 475.455 (Liability of certain persons for cleanup costs).

(5)

A lien created under this section shall have priority over any claim of the state under ORS 166.715 (Definitions for ORS 166) to 166.735 (Short title) or any local government forfeiture ordinance or regulation. [1987 c.699 §8]
Source

Last accessed
May 30, 2023

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