Or. Admin. Code § 603-074-0040

Current through Register Vol. 63, No. 10, October 1, 2024

Section 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.

Or. Admin. Code § 603-074-0040

AD 8-1994, f. & cert. ef. 7-26-94; DOA 30-2003, f. 9-11-03, cert. ef. 10-1-03; DOA 19-2024, amend filed 09/25/2024, effective 9/25/2024

Statutory/Other Authority: ORS 468B.217, 468B.230, 561.190 & 561.191

Statutes/Other Implemented: 468B.230