A. Except as provided in subsection C of this section, if the existence of a nuisance is established in an action brought in circuit court, an order of abatement shall be entered as part of the general judgment in the case. The order of abatement may direct the effectual closing of the premises, building, or place against its use for any purpose and so keeping it closed for a period of up to one year, unless sooner released. The court shall not include provisions for the closing of the premises under the provisions of this subsection unless that relief is specifically requested in the complaint. In an action brought in circuit court, the judgment of the court may include the assessment of a civil penalty against each owner of up to five hundred dollars ($500.00) for a noncontinuing nuisance and up to one thousand dollars ($1,000.00) for a continuing nuisance upon finding the owner had knowledge of activities or conditions constituting the nuisance. In an action brought in municipal court, the judgment of the court shall include the assessment of said civil penalties as applicable. A person shall be deemed to have knowledge at a date no later than the date notice is provided pursuant to section 8-16-4 of this chapter.
B. In establishing the amount of any civil penalty, the court may consider the following factors:
1. The actions taken by the owner to mitigate or correct the problem at the real property;
2. The financial condition of the owner;
3. Whether the problem at the real property was repeated or continuous;
4. The magnitude or gravity of the problem;
5. The economic or financial benefits accruing or likely to accrue to the owner as a result of the failure to correct conditions at the real property;
6. The cooperativeness of the owner with the city;
7. The costs and expenses to the city of investigating and correcting or attempting to correct the condition;
8. Any other factors deemed material by the court.
C. No order of closure as to that owner shall be entered if the court finds that the owner satisfied the conditions set forth in Oregon Revised Statutes 105.580(3).
D. If an order of closure is granted, the city may physically secure the real property against use or occupancy if the owner fails to do so within the time specified by the order. All costs reasonably incurred by the city in such action shall be a lien upon the property from the time notice specifying the costs is filed of record.
E. If the city is the prevailing party in the action, the city shall prepare a statement of costs, which shall be served on the owner and filed with the court. If no objection to the statement is filed with the court within fourteen (14) days of the date of service, the statement of costs shall be entered as part of the judgment, and a certified copy filed as a lien against the real property in the city's lien docket. The lien shall have priority as set forth in Oregon Revised Statutes 105.585(1).
F. A notice of pendency of an action may be filed pursuant to Oregon Revised Statutes 93.740.
G. Any prevailing party may be entitled to reasonable attorney fees in an action in circuit court. (Ord. 950, 2-9-2009)