2021 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Chapter 105 - Property Rights
Section 105.435 - Authority of receiver; financing agreements; fee; abatement work exempt from public contracting law.
(1) A receiver appointed by the court pursuant to ORS 105.420 to 105.455 may, unless specifically limited by the court:
(a) Take possession and control of the property, including the right to enter, modify and terminate tenancies pursuant to ORS 105.105 to 105.168, to charge and collect rents and to apply rents to the costs incurred due to the abatement and receivership;
(b) Negotiate contracts and pay all expenses associated with the operation and conservation of the property, including all utility, fuel, custodial, repair or insurance costs;
(c) Pay all accrued property taxes, penalties, assessments and other charges imposed on the property by a unit of government and any charge accruing during the pendency of the receivership;
(d) Dispose of any or all abandoned personal property found at the structure;
(e) Enter into contracts and pay for the performance of any work necessary to complete the abatement; and
(f) Under such terms and condition as a court allows, enter into financing agreements with public or private lenders and encumber the property to have moneys available to correct the conditions at the property giving rise to the abatement.
(2) A court may approve a charge of an administrative fee for a receiver at an hourly rate approved by the court or at a rate not to exceed 15 percent of the total cost of the abatement.
(3) All abatement work done under ORS 105.420 to 105.455 is exempt from the public contracting statutes set forth in ORS 279C.005, 279C.100 to 279C.125 and 279C.300 to 279C.470 and ORS chapters 279A and 279B, except ORS 279A.125, 279A.250 to 279A.290 and 279B.235. [1989 c.649 §§5,6; 2003 c.794 §196; 2019 c.191 §3; 2021 c.97 §11]
