9.18.070 Enforcement of Closure Order; Costs; Civil Penalty
A. In the event that a court finds that property constitutes chronic nuisance property as defined in this chapter, the court may order the remedies set out in 9.18.030. In addition, in the event that it also finds that the owner had knowledge of activities or conditions at the property constituting a violation of this chapter and nonetheless permitted the activities to occur, the court may utilize the penalties provided for in 9.18.030.B.
B. The court may authorize the City to physically secure the property against use or occupancy in the event that the owner(s) fail to do so within the time specified by the Court. In the event that the City is authorized to secure the property, all costs reasonably incurred by the City to effect a closure shall be made an assessment lien upon the property. As used in this subsection, “costs” mean those costs actually incurred by the City for the physical securing of the property, as well as tenant relocation costs given pursuant to subsection B.4 of this Section.
1. The City Department effecting the closure shall prepare a statement of costs and the City shall thereafter submit that statement to the court for its review. If no objection to the statement is made within the period prescribed by Oregon Rule of Civil Procedure 68, a certified copy of the statement including a legal description of the property, shall be forwarded to the City Recorder who thereafter shall enter the same in the City’s lien docket.
2. Liens imposed by this chapter shall be collected in all respects as provided for street improvements liens, and shall bear interest at the rate of 9 percent per year from 10 days after the entry in the lien docket.
3. Any person who is assessed the costs of closure or a civil penalty by the court shall be personally liable for the payment thereof to the City.
4. A tenant, as defined in ORS 90.100 is entitled to reasonable relocation costs as those are determined by the City, if without actual notice the tenant moved into the property after either:
a. An owner(s) or agent received notice of any determination pursuant to 9.18.040.A, or
b. An owner(s) or their agent received notice of an action brought pursuant to 9.18.050.
c. Any person who is assessed the costs of closure or a civil penalty by the court shall be personally liable for the payment thereof to the City.