Or. Admin. Code § 603-074-0040 - Enforcement Actions
Enforcement options include the following:
(1) A Notice of Noncompliance, which:
(a) Informs the person of the violation,
including a reference to a particular statute, administrative rules or order
involved, the location of the violation when appropriate, and the consequences
of the violation or future violations;
(b) Directs the person to perform those
actions necessary to comply with the particular statute, administrative rules
or orders involved;
(c) Specifies a
reasonable period of time by which compliance is to be achieved not to exceed
30 business days after the person receives the notice, or if the violation
requires more than 30 days to correct, a period of time contained in a plan of
correction acceptable to the Department;
(d) Is issued by the director or the
director's designee;
(e) Is in
writing and must be served personally or by registered or certified
mail;
(2) A Plan of
Correction, which:
(a) Includes a statement of
the actions that must be taken by the person to eliminate the violation and
shall include a schedule stating the time by which each of the actions is
required to be accomplished to achieve compliance;
(b) May include requirements for the person
to report the completion of specific actions;
(c) Is in writing and must be sent to the
person by registered or certified mail or served personally;
(d) In all cases must be mailed or delivered
to the legal owner of the property.
(3) The Department shall make a reasonable
attempt to consult with the person in the development of a plan of
correction.
(4) Failure to perform
any of the requirements of a plan of correction may be considered by the
Department to be a failure to correct the violation within the period of time
set for correction by the Department.
(5) A Notice of Civil Penalty Assessment,
which is described in OAR
603-074-0070.
Notes
Statutory/Other Authority: ORS 468B.217, 468B.230, 561.190 & 561.191
Statutes/Other Implemented: 468B.230
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