Bill Text: OR SB465 | 2013 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

SA to SB 465

LC 2424/SB 465-6

                      SENATE AMENDMENTS TO
                         SENATE BILL 465

   By COMMITTEE ON RURAL COMMUNITIES AND ECONOMIC DEVELOPMENT

                            March 27

  On page 1 of the printed bill, delete lines 5 through 27 and
insert:
  '  { +  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. + } ' .
  On page 2, line 32, delete 'and'.
  In line 34, delete the period and insert '; and
  ' (cc) A notice of remedy of substantial damage described in
section 1 of this 2013 Act.'.
  Delete lines 39 and 40 and insert:
  '  { +  SECTION 3. + }  { + Section 1 of this 2013 Act applies
to structures substantially damaged before, on or after the
effective date of this 2013 Act. + } ' .
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