377.775
Removal procedure for noncomplying signs; ownership issues at hearing;
disposition of removed signs; costs of removal. (1) Any sign that fails to comply
with ORS 377.700 to 377.844 is a public and private nuisance. In addition to
the penalties provided by ORS 377.992, such a sign may be removed by the
Director of Transportation or the duly authorized representative of the
director as provided by this section. The director may enter upon private
property and remove the sign without incurring any liability therefor.
(2) If a
noncomplying sign does not bear the name and address of its owner or if the
owner is not readily identified and located, the director may remove it
immediately.
(3)(a) If a
noncomplying sign bears the name and address of its owner or if the owner of
the sign is readily identified and located, the director shall notify the owner
that the sign is in violation of ORS 377.700 to 377.844 and that the owner has
30 days from the date of the notice within which to make the sign comply, to
remove the sign or to request a hearing before the director within the time
specified in the notice.
(b) If the sign
is not made to comply or is not removed and if the owner does not request a
hearing within the time required, or if the owner after a hearing fails to
comply with the final order in the proceedings, the director or the duly
authorized representatives of the director may remove and destroy or otherwise
dispose of the sign.
(4)(a) If the
person who receives notice under subsection (3) of this section intends to
raise issues regarding ownership interests in the sign or its appurtenances in
a hearing requested under subsection (3) of this section, the request for
hearing must include notice that the person intends to raise those issues and
must contain the names and addresses of all persons who have ownership
interests in the sign or its appurtenances.
(b) If the person
requesting the hearing under subsection (3) of this section fails to include
notice of intent to raise issues regarding ownership interests, the person may
not raise the issues in the hearing. In addition, the person who requested the
hearing may not raise issues regarding ownership interests of any person whose
name and address the person who requested the hearing has failed to provide as
required by paragraph (a) of this subsection.
(c) For purposes
of this subsection, an ownership interest includes, but is not limited to:
(A) An interest
in the land on which the sign is located, in the sign structure and in the
display surface; and
(B) A right to
operate the sign, whether the right is created by lease, operating agreement or
otherwise.
(5)(a) The
director shall, after removing a sign in accordance with subsection (2) of this
section, place the sign in storage for 30 days while the director makes a
further effort to find its owner.
(b) If the owner
cannot be found within 30 days, the director may, without incurring any
liability therefor, destroy or otherwise dispose of the sign.
(c) If the owner
is found within 30 days, the owner may be required to remove the sign from
storage.
(d) If the owner
is found at any time, the director may recover from the owner the cost of
storage. The cost of storage is in addition to the cost of removal payable
under subsection (6) of this section.
(6) The owner is
liable for, and the director shall collect, the costs of removing a sign. Costs
shall be determined by the director on the basis of actual costs of removal or
on a square-foot flat fee basis.
(7) A hearing
under this section shall be conducted as a contested case hearing under ORS
chapter 183. [1971 c.770 §17; 1973 c.790 §13; 1977 c.265 §5; 1993 c.741 §61;
2001 c.508 §2; 2007 c.199 §18]
Notes of Decisions
Outdoor Media Dimensions Inc. v. State, 20 P.3d 180 (Or. 2001).
· cites it 14× “Whether the State Complied With the OMIA As pertinent to plaintiffs conversion claim, the OMIA provides: “Any outdoor advertising sign which does not have copy on the display surface for a period of six months shall be deemed to have been abandoned by the owner thereof and…”
Outdoor Media Dimensions Inc. v. State, 945 P.2d 614 (Or. Ct. App. 1997).
· cites it 5× “775(3)(b) provides that, if “the sign is not made to comply or is not removed and if the owner does not request a hearing within the time required,” the director 5 “may remove and destroy or otherwise dispose of the sign.”
Drayton v. Dep't of Transp., 62 P.3d 430 (Or. Ct. App. 2003).
· cites it 2× “ORS 377.775. The department is required to notify the owner of the sign of a violation of the OMIA.”
Herson v. Driver & Motor Veh. Servs. Branch, 971 P.2d 492 (Or. Ct. App. 1998).
“, which regulates billboards along state highways, and was issued following a contested case hearing conducted by ODOT, pursuant to ORS 377.775(3)(a). Following the hearing, ODOT ordered petitioners to remove a series of billboards they had erected along state highways in…”
Drayton v. Dep't of Transp., 149 P.3d 331 (Or. Ct. App. 2006).
“ORS 377.775. At issue in this case are six signs owned by petitioner and located on Highway 101 near Lincoln City: at milepoints 112.”
Drayton v. Dept. of Transp., 464 P.3d 138 (Or. Ct. App. 2020).
· cites it 2× “See ORS 377.775 (setting forth procedures for sign removal).”
Hoffman v. High. Div. of Dept. of Transp., 543 P.2d 50 (Or. Ct. App. 1975).
· cites it 2× “Petitioner appeals from a final order of the Highway Division issued pursuant to ORS 377.775(3) (a) ① to remove a sign from his property.”
— Or. Rev. Stat. § 377.775(3) — 2 cases
Outdoor Media Dimensions Inc. v. State, 945 P.2d 614 (Or. Ct. App. 1997).
“775(3)(b) provides that, if “the sign is not made to comply or is not removed and if the owner does not request a hearing within the time required,” the director 5 “may remove and destroy or otherwise dispose of the sign.”
Hoffman v. High. Div. of Dept. of Transp., 543 P.2d 50 (Or. Ct. App. 1975).
“Petitioner appeals from a final order of the Highway Division issued pursuant to ORS 377.775(3) (a) ① to remove a sign from his property.”
— Or. Rev. Stat. § 377.775(3)(a) — 3 cases
Outdoor Media Dimensions Inc. v. State, 20 P.3d 180 (Or. 2001).
“Whether the State Complied With the OMIA As pertinent to plaintiffs conversion claim, the OMIA provides: “Any outdoor advertising sign which does not have copy on the display surface for a period of six months shall be deemed to have been abandoned by the owner thereof and…”
Drayton v. Dep't of Transp., 62 P.3d 430 (Or. Ct. App. 2003).
“ORS 377.775. The department is required to notify the owner of the sign of a violation of the OMIA.”
Herson v. Driver & Motor Veh. Servs. Branch, 971 P.2d 492 (Or. Ct. App. 1998).
“, which regulates billboards along state highways, and was issued following a contested case hearing conducted by ODOT, pursuant to ORS 377.775(3)(a). Following the hearing, ODOT ordered petitioners to remove a series of billboards they had erected along state highways in…”
— Or. Rev. Stat. § 377.775(3)(b) — 2 cases
Outdoor Media Dimensions Inc. v. State, 20 P.3d 180 (Or. 2001).
“Whether the State Complied With the OMIA As pertinent to plaintiffs conversion claim, the OMIA provides: “Any outdoor advertising sign which does not have copy on the display surface for a period of six months shall be deemed to have been abandoned by the owner thereof and…”
Outdoor Media Dimensions Inc. v. State, 945 P.2d 614 (Or. Ct. App. 1997).
“775(3)(b) provides that, if “the sign is not made to comply or is not removed and if the owner does not request a hearing within the time required,” the director 5 “may remove and destroy or otherwise dispose of the sign.”
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