Bill Text: OR HB4031 | 2012 | Regular Session | Introduced
Bill Title: Relating to outdoor advertising signs; prescribing an effective date.
Sponsorship: Unknown
Status: (Failed) 2012-03-05 - In committee upon adjournment. [HB4031 Detail]
Download: Oregon-2012-HB4031-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 231
House Bill 4031
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of House Interim Committee on
Transportation and Economic Development)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Prohibits owner of outdoor advertising sign from removing sign
from sign site without first permitting landowner to purchase
sign under certain circumstances.
Allows sign owner to receive relocation credit for each sign
sold to landowner under certain circumstances.
Takes effect on 91st day following adjournment sine die.
A BILL FOR AN ACT
Relating to outdoor advertising signs; creating new provisions;
amending ORS 377.723 and 377.762; and prescribing an effective
date.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2012 Act is added to and made
a part of ORS 377.700 to 377.840. + }
SECTION 2. { + (1) Except as provided under ORS 377.759,
377.765, 377.773, 377.775, 377.777 and 377.780, the owner of an
outdoor advertising sign may not remove the sign from a sign site
if when constructed, the sign complied with all applicable
ordinances, plans, rules and other requirements of the city or
county where it is located but is now nonconforming under the
applicable ordinances, plans, rules and other requirements of the
city or county and the landowner provides the sign owner with
written notice of the landowner's intent to purchase the sign as
provided in subsection (2) of this section.
(2)(a) The landowner of a sign site upon which an outdoor
advertising sign is located has the right to purchase the sign as
provided in this subsection.
(b) If a lease is terminated by the sign owner prior to the
expiration of the lease term, the landowner has the right to
purchase the sign from the sign owner prior to the sign's removal
from the sign site. The sign owner shall provide the landowner
with written notice of the sign owner's intent to remove the
sign. If the landowner intends to purchase the sign, the
landowner shall, prior to the effective date of the termination
of the lease, have 30 days from the date of receipt of the
written notice from the sign owner to provide the sign owner with
written notice of the landowner's intent to purchase the sign.
The written notice provided by the sign owner must:
(A) Include the date on which the lease termination is
effective, which may not be a date less than 31 calendar days
from the date the written notice is received by the landowner;
and
(B) Include the date on which the sign owner intends to remove
the sign.
(c) If a lease expires and terminates on the same date, the
landowner has the right to purchase the sign from the sign owner
prior to the sign's removal from the sign site. If the landowner
intends to purchase the sign, the landowner shall provide to the
sign owner, not less than 30 days prior to the expiration of the
lease, written notice of the landowner's intent to purchase the
sign.
(d) If a lease continues after the expiration date and is later
terminated by either the sign owner or the landowner, the
landowner has the right to purchase the sign from the sign owner
prior to the sign's removal from the sign site. If the lease is
terminated by the sign owner, the sign owner shall provide the
landowner with written notice of the sign owner's intent to
remove the sign in accordance with subsection (2)(b) of this
section. If the landowner intends to purchase the sign, the
landowner shall provide to the sign owner, not less than 30 days
prior to the date of termination of the lease, written notice of
the landowner's intent to purchase the sign.
(3) If a landowner provides a sign owner with written notice of
the landowner's intent to purchase a sign under subsection (2) of
this section, the landowner shall, within 60 days of providing
the written notice of the intent to purchase, provide the sign
owner with the following:
(a) An appraisal of the replacement cost of the sign;
(b) Payment of the amount specified in the appraisal; and
(c) Documents, executed by the landowner, necessary to transfer
all right, title and interest in and to the sign to the
landowner.
(4) Except as provided in subsection (5) of this section,
within 15 days of receiving the appraisal, payment and documents
from a landowner as described in subsection (3) of this section,
a sign owner shall execute the documents to transfer all right,
title and interest in and to the sign to the landowner and
provide the original documents to the landowner.
(5)(a) If the sign owner disputes the replacement value
assigned to the sign in the appraisal provided by the landowner
under subsection (3) of this section, the sign owner shall,
within 15 days of receipt of the appraisal from the landowner,
provide written notice to the landowner of the sign owner's
dispute of the appraised replacement cost. Within 90 days of the
date that the sign owner receives the appraisal from the
landowner, the sign owner shall provide the landowner with an
appraisal of the replacement cost of the sign.
(b) If the appraisal provided by the sign owner assigns a
different replacement cost than that of the appraisal provided by
the landowner, the purchase price of the sign shall be set at the
amount of the appraisal provided by the sign owner.
(c) If any additional payment is owed to the sign owner, the
landowner shall make the additional payment to the sign owner
within 30 days of receipt of the appraisal from the sign owner.
If the landowner does not provide the additional payment within
30 days, the sign owner may remove the sign from the sign site
and the sign owner shall return all documents and payments
provided by the landowner under subsection (3) of this section
within seven days after the date the landowner's option to
purchase the sign expires. If the landowner does provide the
additional payment within 30 days, the sign owner shall, within
15 days of receipt of the additional payment, execute the
documents to transfer all right, title and interest in and to the
sign to the landowner and return the original documents to the
landowner.
(6) An appraisal under this section shall be performed by a
person licensed or certified under ORS chapter 674.
(7) As used in this section, 'sign' does not include a display,
message or emblem designed to be affixed to the display
surface. + }
SECTION 3. ORS 377.762 is amended to read:
377.762. The Department of Transportation shall issue a
relocation credit upon the owner's request if { + :
(1) + } A sign is removed, the owner has lost the lease for
that sign site and the sign and permit meet the requirements of
ORS 377.700 to 377.840 { - . - } { + ; or
(2) A sign has been sold under section 2 of this 2012 Act, the
owner has lost the lease for that sign site, and the sign and
permit meet the requirements of ORS 377.700 to 377.840. + }
SECTION 4. ORS 377.723 is amended to read:
377.723. Notwithstanding any other provision of ORS 377.700 to
377.840, the Department of Transportation { - shall - }
{ + may + } not issue a permit under ORS 377.725 or 377.767
unless the applicant for the permit submits affidavits that meet
the following requirements:
(1) The applicant must submit an affidavit from each city or
county that would have jurisdiction over the proposed sign.
(2) Each affidavit must contain a certification by the
respective city or county that the proposed sign { + :
(a) + } Would comply with all applicable ordinances, plans,
rules and other requirements of the city or county { - . - }
{ + ; or + }
{ + (b) Is an existing sign that, when constructed, complied
with all applicable ordinances, plans, rules and other
requirements of the city or county but is now nonconforming. + }
(3) Each affidavit must be on a form prepared by the
department.
SECTION 5. { + (1) Section 2 of this 2012 Act and the
amendments to ORS 377.723 and 377.762 by sections 3 and 4 of this
2012 Act apply to outdoor advertising signs in existence on or
after the effective date of this 2012 Act.
(2) Section 2 of this 2012 Act and the amendments to ORS
377.723 and 377.762 by sections 3 and 4 of this 2012 Act do not
affect a lease made before the effective date of this 2012 Act.
However, section 2 of this 2012 Act and the amendments to ORS
377.723 and 377.762 by sections 3 and 4 of this 2012 Act do apply
to a renewal or extension of an existing lease on or after the
effective date of this 2012 Act as well as to a new lease made on
or after the effective date of this 2012 Act. + }
SECTION 6. { + This 2012 Act takes effect on the 91st day
after the date on which the 2012 regular session of the
Seventy-sixth Legislative Assembly adjourns sine die. + }
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