ORS § 105 § 105.430

Receivership for buildings that constitute threat to public health, safety or welfare; procedure.

In Force
Verified 10/26/2026 · Next check 11/2/2026
effective 10/7/2026OregonHabitability & Repair

Operative Text

ORS § 105 § 105.430
(1) If residential property is in violation of building or housing codes such that the city or county believes it constitutes a threat to the public health, safety or welfare, the city or county, in addition to any other remedies available, may apply to the circuit court of the county in which the property is located for the appointment of a receiver to perform an abatement.

(2) No less than 60 days prior to the filing of a petition for appointment of a receiver, the city or county shall give written notice by regular mail to all interested parties of the following:

(a) The identity of the property;

(b) The violations of the building or housing codes giving rise to the need for the receiver;

(c) The name, address and telephone number of the person or department where additional information can be obtained concerning violations and their remedy; and

(d) That the city or county may petition the court for the appointment of a receiver pursuant to ORS 105.420 to 105.455 unless action is taken within 60 days by an interested party.

(3) A city or county may not file a petition for the appointment of a receiver if:

(a) Probate proceedings have been commenced under ORS chapter 112 and are currently pending in the county of the property for an owner of the property, unless authorized by an order of the probate court.

(b) An interested party has commenced and is timely prosecuting an action or other judicial or nonjudicial proceeding to foreclose a security interest on the property, or to obtain specific performance or forfeiture of the purchaser’s interest under a land sale contract.

(4) The petition for the appointment of a receiver pursuant to ORS 105.420 to 105.455 must be served on all interested parties in the manner provided by ORCP 7 D.

(5) If, following the filing of a petition for appointment of a receiver, an interested party intends to correct the conditions at the property giving rise to the petition for the appointment of a receiver or initiate a proceeding described in subsection (3) of this section, the court may stay the matter and order the party to post security in an amount the court deems appropriate to insure timely performance and other conditions the court deems appropriate to effect the timely completion of the corrections or proceeding.

(6) The court shall appoint a receiver under ORS 105.420 to 105.455 if the court finds that the city or county has complied with this section and that the property is a threat to public health, safety or welfare and:

(a) No interested party appears within 30 days after service;

(b) An interested party fails to comply with an order under subsection (5) of this section; or

(c) If the matter has not been stayed under subsection (5) of this section, upon a hearing that shall be held no later than 30 days after requested by the city or county.

(7) A receiver may be any one of the following:

(a) A housing authority organized under the terms of ORS 456.055 to 456.235;

(b) An urban renewal agency organized under the terms of ORS 457.035 to 457.320;

(c) A private not-for-profit corporation, the primary purpose of which is the improvement of housing conditions within the city or county; or

(d) A city or county agency, bureau or similar subdivision designated by the city or county as being responsible for the rehabilitation of property.

(8) A receiver appointed by the court pursuant to ORS 105.420 to 105.455 may not be required to give security or bond of any sort prior to appointment.

(9) In lieu of the appointment of a receiver under subsection (6) of this section, upon the motion of city or county the court shall enter a general judgment in favor of the city or county against the real property in the amount of the estimated costs of abatement if:

(a) The court finds the city or county has complied with the requirements of this section;

(b) The court finds the property is in an unsafe or insanitary condition;

(c)(A) No interested party appears within 30 days after service; or

(B) An interested party fails to comply with an order under subsection (5) of this section;

(d) The city or county has proven by evidence in the record that the reasonably estimated cost of abatement exceeds 25 percent of the property’s real market value, as shown on the property’s most recent tax records;

(e) The property is not currently occupied as a dwelling; and

(f) The motion for judgment has been served by the city or county on all interested parties, including interested parties in default, in the manner provided for by ORCP 9 C, no less than 30 days prior to the motion.

(10) A judgment given under subsection (9) of this section shall have the priority of a lien created under ORS 105.440 (2) as provided in ORS 105.445.
Source: Legislative text reproduced verbatim
Plain English

Oregon Revised Statutes § 105.430 establishes a legal process by which a city or county can ask a circuit court to appoint a receiver to address serious building or housing code violations at a residential property that threaten public health, safety, or welfare. Before filing such a petition, the local government must give all interested parties at least 60 days' written notice identifying the property, the violations, and the possibility of receivership. If the court finds the requirements have been met and the property poses a genuine threat, it may appoint a qualified receiver—such as a housing authority, urban renewal agency, or nonprofit—to carry out the necessary abatement, or in certain circumstances may instead enter a judgment as a lien against the property for the estimated cost of abatement.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 7, 2026

Plain English — not legal advice.

For Property Managers

Under ORS § 105.430, a property owner who receives a written notice from a city or county about building or housing code violations has at least 60 days to take corrective action before a receivership petition can be filed with the circuit court. Operators who respond promptly to the notice, document their remediation efforts, and communicate with the relevant local agency generally demonstrate the kind of timely action that can forestall court intervention. If a petition is filed, an interested party who intends to correct the conditions may ask the court for a stay, though the court may require the posting of security and set conditions to ensure timely completion of the work.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

ORS § 105.430 is designed to protect occupants and the broader public by giving local governments a legal tool to force remediation of dangerously substandard residential properties through court-supervised receivership. Tenants living in a property that may be subject to this process have an interest as occupants and may wish to contact their local city or county housing or code enforcement office to understand the status of any pending proceedings. Tenant-rights organizations can help residents understand how receivership proceedings under ORS § 105.430 might affect their tenancy and what options may be available to them during the process.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 7, 2026
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References Out

Rules and statutes cited by this regulation

ORS § 105.420
Not yet ingested
ORS § 105.455
Not yet ingested
ORS § 456.055
Not yet ingested
ORS § 456.235
Not yet ingested
ORS § 457.035
Not yet ingested
ORS § 457.320
Not yet ingested
ORS § 105.440
Not yet ingested
ORS § 105.445
Not yet ingested

References In

No inbound references recorded yet for this provision.

Related Rules

§ 244.260
Compliance required
§ 14.567
ADOPTED BY REFERENCE
§ 244.340
Sewer and water connections

Source Information

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