City Boundary Changes

ORS 222.850
Definitions for ORS 222.840 to 222.915


As used in ORS 222.840 (Short title) to 222.915 (Application of ORS 222.840 to 222.915), unless the context requires otherwise:

(1)

“Affected territory” means an area within the urban growth boundary of a city and which is otherwise eligible for annexation to that city and in which there exists an actual or alleged danger to public health.

(2)

“Authority” means the Oregon Health Authority.

(3)

“City council” means the legislative body of a city.

(4)

“Commission” means the Environmental Quality Commission.

(5)

“Danger to public health” means a condition which is conducive to the propagation of communicable or contagious disease-producing organisms and which presents a reasonably clear possibility that the public generally is being exposed to disease-caused physical suffering or illness, including a condition such as:

(a)

Impure or inadequate domestic water.

(b)

Inadequate installations for the disposal or treatment of sewage, garbage or other contaminated or putrefying waste.

(c)

Inadequate improvements for drainage of surface water and other fluid substances.

(6)

“Director” means the Director of the Oregon Health Authority.

(7)

“District” means any one of the following:

(a)

A metropolitan service district formed under ORS chapter 268.

(b)

A county service district formed under ORS chapter 451.

(c)

A sanitary district formed under ORS 450.005 (Definitions for ORS 450.005 to 450.245) to 450.245 (Application of ORS 450.005 to 450.245 to districts organized under former laws).

(d)

A sanitary authority, water authority or joint water and sanitary authority formed under ORS 450.600 (Joint authorities) to 450.989 (Apportionment of cost among serviced property owners).

(e)

A domestic water supply district formed under ORS chapter 264.

(8)

“Local board of health” means a local public health authority, as defined in ORS 431.003 (Definitions). [1967 c.624 §1; 1973 c.637 §1; 1975 c.639 §1; 1983 c.407 §4; 1993 c.577 §17; 2001 c.900 §238; 2009 c.595 §181; 2015 c.736 §54]

Notes of Decisions

"Reasonably clear possibility" of public exposure means possibility that is reasonably clear to administrator. Trueblood v. Health Div., 28 Or App 433, 559 P2d 931 (1977), Sup Ct review denied

§§ 222.850 to 222.915

Notes of Decisions

These provisions authorizing the state Health Division to order annexation to a city or territory within which there exist conditions dangerous to the public health do not constitute an unlawful delegation of legislative power. Kelly v. Silver, 25 Or App 441, 549 P2d 1134 (1976)

These sections apply even though an area is served by an existing sanitary district. West Side Sanitary Dist. v. Health Div., 42 Or App 755, 601 P2d 858 (1979), aff'd as modified 289 Or 417, 614 P2d 1151 (1980)

As agency actions under these sections do not involve decisions concerning land use, ORS 197.180, requiring adherence to state-wide planning goals in planning and other actions by state agencies, is inapplicable. West Side Sanitary Dist. v. Health Div., 42 Or App 755, 601 P2d 858 (1979), aff'd as modified 289 Or 417, 614 P2d 1151 (1980)

Atty. Gen. Opinions

Territory separated into two parcels as eligible for health hazard annexation, (1980) Vol 41, p 195

Chapter 222

Notes of Decisions

Provisions of this chapter do not require final decisions on small tract annexations to be made in quasi-judicial proceedings rather than by popular vote. Stewart v. City of Corvallis, 48 Or App 709, 617 P2d 921 (1980), Sup Ct review denied


Source

Last accessed
Jun. 26, 2021