(A) Except as provided in division (B) below, if the existence of the nuisance is established in the action, an order of abatement shall be entered as part of the general judgment in the case.
(B) The court, if satisfied of an owner’s good faith, shall enter no order of abatement as to that owner if the court finds that the owner:
(1) Had no knowledge of the existence of the nuisance or has been making reasonable efforts to abate the nuisance;
(2) Has not been guilty of any contempt of court in the proceedings; and
(3) Will make best efforts to immediately abate any nuisance that may exist and prevent it from being a nuisance for a period of one year thereafter.
(C) If an order of abatement has been entered and an owner subsequently meets the requirements of this section, the order of abatement shall be canceled as to that owner.
(D) The lien shall be enforced in the same manner as liens for street improvements are enforced and shall bear interest at the rate of 9% per annum. The interest shall commence to run from the date of the entry of the lien in the lien docket. In addition, the lien may be foreclosed by a suit in circuit court in the same manner as for the foreclosure of liens under O.R.S. 88.010 et seq. Where necessary, a “lien” herein shall be substituted for “mortgage” or “purchase money mortgage” under those statutes to allow the foreclosure.
(E) An error in the name of the person responsible shall not void the assessment, nor will a failure to receive the notice of the proposed assessment render the assessment void; but it shall remain a valid lien against the property.
(F) Further, the “municipal general judgment with money award” lien may be recorded in the records of the County Clerk and/or the County Circuit Court to attach to real property of any responsible person or persons.
(Prior Code, § 130.60) (Ord. 1253, passed 12-6-2010)
Statutory reference:
Similar provisions, see O.R.S. 105.580