Procedures prior to request of an enforcement order
(1)Before a person may request adoption of an enforcement order under ORS 197.320 (Power of commission to order compliance with goals and plans), the person shall:
(a)Present the reasons, in writing, for such an order to the affected local government; and
(A)Revisions to the local comprehensive plan, land use regulations, special district cooperative or urban service agreement or decision-making process which is the basis for the order; or
(B)That an action be taken regarding the local comprehensive plan, land use regulations, special district agreement, housing production strategy or decision-making process that is the basis for the order.
(2)Intentionally left blank —Ed.
(a)The local government or special district shall issue a written response to the request within 60 days of the date the request is mailed to the local government or special district.
(b)The requestor and the local government or special district may enter into mediation to resolve issues in the request. The Department of Land Conservation and Development shall provide mediation services when jointly requested by the local government or special district and the requestor.
(c)If the local government or special district does not act in a manner which the requestor believes is adequate to address the issues raised in the request within the time period provided in paragraph (a) of this subsection, a petition may be presented to the Land Conservation and Development Commission under ORS 197.324 (Proceedings prior to order of compliance with goals).
(3)A metropolitan service district may request an enforcement order under ORS 197.320 (Power of commission to order compliance with goals and plans) (12) without first complying with subsections (1) and (2) of this section. [1989 c.761 §4; 1993 c.804 §9; 2007 c.176 §2; 2019 c.640 §11]
Section 197.319 — Procedures prior to request of an enforcement order,
Law Review Citations
93 OLR 455 (2014)