Additional cause of action for certain impairments of district works. (1) As used in this section, “actionable condition” means a condition on public or private property that obstructs, clogs, damages, injures, reduces the efficiency of, impairs the usefulness of or otherwise has a negative impact on the district’s works

(2) In addition to the remedies provided under ORS 550.390 and 550.400, when an actionable condition exists, the district may bring a civil action in Multnomah County Circuit Court against the person or persons responsible for creating or maintaining the actionable condition.

(3) The civil action may include a request for one or more of the following remedies:

(a) Injunctive relief;

(b) Authority to enter onto the property to abate the actionable condition; and

(c) Remediation costs and damages that arise from the existence or abatement of the actionable condition. [2022 c.16 §18]

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