ORS 477.068
Liability for cost of abatement

  • interest
  • lien
  • foreclosure
  • attorney fees

(1)

In case an owner or operator fails to perform the duty required by ORS 477.066 (Duty of owner and operator to abate fire), or is willful, malicious or negligent in the origin or subsequent spread of the fire, the actual cost incurred by the forester or a forest protective association or agency in controlling or extinguishing the fire shall be paid by the owner or operator within 90 days after the date on which the first written demand for payment of the actual cost is mailed by the State Forester to the owner or operator. If the actual cost is not paid within such 90-day period, such amount shall bear interest at 10 percent per year from the date on which the first written demand for the payment of the actual costs was mailed by the State Forester and the actual cost together with such interest may be recovered from such owner or operator by an action prosecuted in the name of the State of Oregon, or such forest protective association or agency, or both.

(2)

An itemized statement of the actual cost incurred by the forester or association or agency, or both, certified to by the forester, shall be accepted as prima facie evidence of the actual cost in any proceeding authorized by this section.

(3)

The actual cost in cases covered by ORS 477.066 (Duty of owner and operator to abate fire) shall constitute a general lien upon the real and personal property of such owner or operator. A written notice of the lien, containing a description of the property and a statement of the actual cost, shall be certified under oath by the forester or any warden and filed in the office of the county clerk of the county in which the lands and personal property are situated within 12 months after the calendar year within which the fire originated, and may be foreclosed in the manner provided by law for foreclosure of liens for labor and material. In any proceeding to foreclose a lien created under this subsection, recovery for the plaintiff shall include, in addition to the amount of the actual cost, interest on such amount at the rate of 10 percent per year from the date of the filing of the written notice of the lien.

(4)

Upon request of the forester, the district attorney for the district in which the lands and personal property are situated or the Attorney General shall prosecute such action or foreclose the lien in the name of the State of Oregon or such forest protective association or agency, or both. Liens provided for in this section shall cease to exist unless suit for foreclosure is instituted within 12 months from the date of filing under subsection (3) of this section.

(5)

In any action under subsection (1) of this section to recover actual cost and in any proceeding to foreclose any lien created by subsection (3) of this section, the court shall award, in addition to costs and disbursements, reasonable attorney fees at trial and on appeal to the prevailing party. [Formerly 477.038; 1955 c.218 §1; 1959 c.363 §6; 1961 c.603 §8; 1965 c.253 §53; 1965 c.428 §§11,12; 1973 c.66 §1; 1981 c.897 §54; 1983 c.22 §3; 1983 c.27 §1; 1997 c.206 §1]

Source: Section 477.068 — Liability for cost of abatement; interest; lien; foreclosure; attorney fees, https://www.­oregonlegislature.­gov/bills_laws/ors/ors477.­html.

Notes of Decisions

Liability for firefighting costs does not constitute exclusive remedy precluding suit for damages under [former] ORS 477.090. Henderson v. Nielsen, 127 Or App 109, 871 P2d 495 (1994), Sup Ct review denied

Defendant in action to recover fire suppression costs has right to jury. State Forestry Department v. Louisiana Pacific Corp., 166 Or App 205, 999 P2d 487 (2000)

COMPLETED CITATIONS: State Forester v. Umpqua R. Nav. Co., 258 Or 10, 478 P2d 631 (1970), cert. denied, 404 US 826 (1971)

477.001
Definitions 477.005
Policy 477.009
Investigative authority of Attorney General for fire protection administration 477.013
Smoke management plan 477.015
Definitions 477.025
Variability of wildland-urban interface fire protection problems 477.027
Establishment of classes of wildland-urban interface 477.062
Inadequately protected forestland declared nuisance 477.064
Uncontrolled fire declared nuisance 477.066
Duty of owner and operator to abate fire 477.067
Notice of fire 477.068
Liability for cost of abatement 477.069
Negligence in origin and in failure to control fire may be united in one complaint 477.085
Liability for cost of protecting land within a forest protection district 477.089
Recovery for property damage 477.092
Liability for destruction of property by wildfire 477.095
Applicability of ORS 477.068, 477.085 and 477.089 477.100
Ability of owner to suppress fire 477.120
Liability of owner or operator 477.123
Volunteer fighters of wildfires 477.125
Liability of forest protective associations, rangeland protection associations and public bodies 477.128
Expenditures for criminal defense related to fire suppression activities 477.150
Smoke detection cameras 477.155
Wildfire response capacity 477.161
Fire protection for lands outside forest protection districts 477.175
Definition of “all possible aid” for agreement 477.180
Ratification of amendment to agreement 477.185
Use of local fire protection resources 477.190
Authority of Governor to carry out agreement 477.195
Ratification of Northwest Wildland Fire Protection Agreement 477.200
Northwest Wildland Fire Protection Agreement 477.205
Definitions for ORS 477.205 to 477.281 477.210
Duty of owner to protect forestland 477.220
Lands not provided protection 477.225
Establishment and change of forest protection districts 477.230
Basis for computing cost of protection provided by forester 477.232
Costs in excess of budget 477.235
Forester to prepare tentative budget estimates for districts 477.240
Advisory and guidance committees 477.245
Owners entitled to be heard on budget matters 477.250
Notice of budget meeting 477.255
Holding of budget meeting 477.260
Appeal to board 477.265
Board to deal with budgets annually 477.270
Budgeted cost of forester to be lien 477.277
Additional assessment to maintain unencumbered balance of Oregon Forest Land Protection Fund 477.281
Limitation on obligation of landowner for fire protection 477.295
Minimum assessment under ORS 477.270 477.300
Use of funds in State Forestry Department Account for capital outlay expenditures of district 477.305
Forester to enforce prohibition against littering on forestland in districts 477.315
Definitions for ORS 477.315 to 477.325 477.317
State Forester assistance to rangeland protection association 477.320
Request of rangeland owners for protection 477.325
Budget for rangeland protection 477.355
Fire wardens generally 477.360
Duties of fire warden for forest protection district 477.365
Duties and powers of wardens 477.406
Cooperative contracts or agreements for forest protection or forest related activities 477.408
Provisions of contract or agreement 477.409
Contracts for off-season services for fire prevention and suppression personnel 477.410
Liability of parties 477.412
Disposition and use of moneys received by forester under contract or agreement 477.415
Definitions for ORS 477.440 to 477.460 477.440
Emergency Fire Cost Committee 477.445
Distribution of fire emergency funds by committee 477.450
Election of committee chairperson 477.455
Meetings of committee 477.460
Duties of administrator 477.490
Statewide map of wildfire risk 477.503
Reduction of wildfire risk 477.504
No effect on management of private lands 477.505
State Forester may declare fire season in district 477.510
Acts prohibited during fire season 477.512
Additional acts prohibited during fire season 477.515
Permits required for fires on forestlands 477.520
Refusal, suspension or revocation of permits 477.532
Regional air quality authority’s functions limited 477.535
Forester may proclaim forestland subject to restricted uses 477.540
Notice of proclamation 477.545
Restricted uses during closure 477.550
Violation of restrictions 477.552
Policy 477.554
Program establishment 477.556
Advisory committee 477.558
Functions for advisory committee 477.560
Oregon Forest Smoke Management Account 477.562
Registration fee 477.565
Felling dead trees and snags 477.580
Determination of additional fire hazards 477.605
Enjoining violations of ORS 477.615 and 477.645 to 477.655 477.610
Standardization of fire-fighting equipment used to protect forestland 477.615
Additional water supply and equipment 477.625
Permit to use fire or power-driven machinery 477.630
Information in permit 477.635
Authority to issue, refuse, suspend or revoke permit 477.640
Use and refueling of power saws 477.645
Internal combustion engines 477.650
Stationary internal combustion engines 477.655
Fire-fighting tools and equipment at operation area and on trucks 477.660
Additional protection facilities or services at operation area 477.665
Fire watch service 477.670
When use of fire or power-driven machinery prohibited 477.695
Removal of flammable material from railroad rights of way 477.698
Permits for prescribed fires 477.710
Starting of campfire or other open fire restricted 477.720
Accidentally setting fire to forestland 477.740
Unlawful use of fire 477.745
Liability of parents for costs of suppressing fire caused by minor child 477.747
Policies and plans for restoration of burned forestland 477.748
Small forestland grant program 477.750
Oregon Forest Land Protection Fund 477.755
Appropriation of fund 477.760
Reserve base of fund fixed 477.770
Rules relating to use of fund 477.775
Emergency fire suppression costs insurance 477.777
Agency request budget 477.880
Acreage assessment 477.960
Collection of assessment 477.970
Disposition of receipts 477.980
Enforcement policy 477.985
Enforcement procedure 477.993
Penalties
Green check means up to date. Up to date

Current through early 2024

§ 477.068’s source at oregon​.gov