City Boundary Changes

ORS 222.880
Oregon Health Authority order or finding

  • hearing upon petition
  • alteration of boundaries
  • tax differential

(1)

Within 30 days following the final hearing of any arguments received by petition under the provisions of ORS 222.875 (Purpose and conduct of hearing) (2) the Director of the Oregon Health Authority shall review the arguments and the findings and recommendations of the person conducting the hearing as provided in ORS 222.875 (Purpose and conduct of hearing) (2). If the director finds no danger to public health exists because of conditions within the affected territory, the director shall issue an order terminating the proceedings under ORS 222.840 (Short title) to 222.915 (Application of ORS 222.840 to 222.915) with reference to the affected territory.

(2)

If the director finds that a danger to public health exists because of conditions within the affected territory, the director shall file a certified copy of findings with the city and, except where the condition causing the danger to public health is impure or inadequate domestic water, with the Environmental Quality Commission.

(3)

If the director determines that a danger to public health exists because of conditions within only part of the affected territory, the director may, upon petition and hearing, reduce the boundaries of the affected territory to that part of the territory that presents a danger if the area to be excluded would not be surrounded by the affected territory remaining to be annexed and would not be directly served by the sanitary, water or other facilities necessary to remove or alleviate the danger to public health existing within the affected territory remaining to be annexed. The findings shall describe the boundaries of the affected territory as reduced by the director. The director shall file a certified copy of findings with the city and, except where the condition causing the danger to public health is impure or inadequate domestic water, the commission.

(4)

In determining whether to exclude any area the director may consider whether or not such exclusion would unduly interfere with the removal or alleviation of the danger to public health in the affected territory remaining to be annexed and whether the exclusion would result in an illogical boundary for the extension of services normally provided by an incorporated city.

(5)

The city shall, when requested, aid in the determinations made under subsections (3) and (4) of this section and, if necessary, cause a study to be made.

(6)

Notwithstanding ORS 222.111 (Authority and procedure for annexation) (3), the director, in implementing an order under ORS 222.840 (Short title) to 222.915 (Application of ORS 222.840 to 222.915), may allow the use of the tax differential authorized by ORS 222.111 (Authority and procedure for annexation) (3) for a period not exceeding 15 years with the consent of the affected city. [1967 c.624 §8; 1973 c.637 §7; 1975 c.639 §6; 1983 c.407 §8; 1989 c.780 §1; 2009 c.595 §185]

Notes of Decisions

Health Division order, issued pursuant to this section, is not action "authorized by law with respect to programs affecting land use" under ORS 197.180, so Division need not consider state-wide planning goals in reaching its decision. West Side Sanitary Dist. v. LCDC, 289 Or 393, 614 P2d 1141 (1980)

Actions by Health Division and Environmental Quality Commission pursuant to this section are not combined administrative proceedings, but rather separate agency actions each resulting in "final order" under ORS 183.310. West Side Sanitary Dist. v. Health Div., 289 Or 417, 614 P2d 1151 (1980)

§§ 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

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