Bill Text: OR SB465 | 2013 | Regular Session | Enrolled
Bill Title: Relating to disclosure of flood damage to residential improvements; and declaring an emergency.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-06-06 - Effective date, June 4, 2013. [SB465 Detail]
Download: Oregon-2013-SB465-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
Senate Bill 465
Sponsored by Senator JOHNSON; Representative HOLVEY
CHAPTER ................
AN ACT
Relating to disclosure of flood damage to residential
improvements; creating new provisions; amending ORS 205.246;
and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) A local government with land use
jurisdiction may present for recordation in the office of the
county clerk a notice of designation of substantial damage to a
residential structure when the residential structure:
(a) Has sustained substantial damage, as defined in an
ordinance for the purpose of regulating development in hazard
areas, from flooding; and
(b) Has not been brought into compliance with ordinances
regulating development in hazard areas.
(2) A county clerk shall record a notice of designation of
substantial damage pursuant to ORS 205.130 (3)(e).
(3) If a local government has caused a notice of designation of
substantial damage to be recorded under this section, the local
government shall present for recordation a notice of remedy of
substantial damage that declares void the notice of designation
of substantial damage recorded under this section when the
structures that were substantially damaged by flooding have been
brought into compliance with ordinances regulating development in
hazard areas.
(4) The county clerk shall record a notice of remedy of
substantial damage pursuant to ORS 205.130 (3)(e).
(5) This section does not directly, indirectly or by
implication limit or alter a preexisting common law or statutory
right or remedy, including actions for fraud, negligence or
equitable relief. + }
SECTION 2. ORS 205.246 is amended to read:
205.246. (1) The county clerk shall record the following
instruments required or permitted by law to be recorded and
entered in the office of the county clerk:
(a) Financing statements recorded in the office of the county
clerk under ORS 79.0501 (1)(a);
(b) Hospital and physician liens recorded under ORS 87.565;
(c) Federal tax liens and certificates and notices affecting
federal tax liens recorded under ORS 87.806;
(d) Cooperative contracts recorded under ORS 62.360;
(e) Special district assessments attaching to real property;
(f) Lien foreclosure statements recorded under ORS 87.202;
Enrolled Senate Bill 465 (SB 465-A) Page 1
(g) A certified copy of the judgment or a lien record abstract
or other liens affecting the title to real property;
(h) Building code exemptions required under ORS 455.320 and
455.345;
(i) Construction liens recorded under ORS 87.050;
(j) Liens upon chattels recorded under ORS 87.246;
(k) Liens on real property recorded under ORS 87.372;
(L) Employee benefit plan liens recorded under ORS 87.860;
(m) Attorney liens recorded under ORS 87.455 and 87.460;
(n) Long term care liens recorded under ORS 87.517;
(o) Ambulance services liens recorded under ORS 87.623;
(p) Community property records recorded under ORS 108.530;
(q) Sheriff transfer of records recorded under ORS 206.100;
(r) Corrected instruments required under ORS 205.244;
(s) Mineral and mining records required under ORS 517.030,
517.052, 517.160, 517.180, 517.210, 517.220, 517.280, 517.310 and
517.320;
(t) Copies of records certified by a county clerk or court
clerk;
(u) Subdivision and partition plats recorded under ORS 92.140;
(v) Condominiums recorded under ORS chapter 100;
(w) Requests for notice of transfer or encumbrance or
terminations of requests for notice of transfer or encumbrance
presented for recordation under ORS 411.694;
(x) Bankruptcy documents presented for recordation under ORS
93.770;
(y) A written warranty agreement under ORS 701.605;
(z) An instrument, as described in ORS 86.722, to correct
errors in a recorded trust deed; { - and - }
(aa) An order or decision under section 8 (7), chapter 424,
Oregon Laws 2007, or section 6, chapter 855, Oregon Laws 2009,
that is final by operation of law or on appeal { - . - } { + ;
(bb) A notice of designation of substantial damage described in
section 1 of this 2013 Act; and
(cc) A notice of remedy of substantial damage described in
section 1 of this 2013 Act. + }
(2) The county clerk shall charge and collect fees specified in
ORS 205.320, 205.327 and 205.350 for recording an instrument
required to be recorded under subsection (1) of this section.
(3) Indexes may be maintained for instruments recorded under
subsection (1) of this section in the same manner as provided in
ORS 205.160.
SECTION 3. { + Section 1 of this 2013 Act applies to
structures substantially damaged before, on or after the
effective date of this 2013 Act. + }
SECTION 4. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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Enrolled Senate Bill 465 (SB 465-A) Page 2
Passed by Senate April 1, 2013
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House May 22, 2013
.............................................................
Tina Kotek, Speaker of House
Enrolled Senate Bill 465 (SB 465-A) Page 3
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 465 (SB 465-A) Page 4
