City Boundary Changes

ORS 222.883
Stay of proceedings by Oregon Health Authority

  • purpose
  • limit


At any time after the Director of the Oregon Health Authority under ORS 222.880 (Oregon Health Authority order or finding) finds that conditions dangerous to public health exist, the Oregon Health Authority may order further proceedings on the findings filed under ORS 222.880 (Oregon Health Authority order or finding) halted in order to allow a city, district or persons affected by the findings to develop and propose an alternative plan to annexation for the removal or alleviation of the conditions dangerous to public health. Proceedings may be stayed under this section for not longer than 30 days. [1983 c.407 §3; 2009 c.595 §186]
§§ 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