City Boundary Changes

ORS 222.898
Determination if health danger can be alleviated

  • approval of plans
  • notice to city


(1)

Within 60 days of receipt of the preliminary plans and other documents submitted as required by ORS 222.897 (Study and plan for alleviation of health danger by city), the appropriate reviewing authority shall determine whether the conditions dangerous to public health within the territory proposed to be annexed can be removed or alleviated by the sanitary, water or other facilities proposed by the plans and specifications.

(2)

If such authority considers the proposed facilities and the time schedule for installation of such facilities adequate to remove or alleviate the dangerous conditions, it shall approve the proposal and certify its approval to the city.

(3)

If the authority considers the proposed facilities or time schedule inadequate, it shall disapprove the proposal and certify its disapproval to the city including the particular matters causing the disapproval. The city council shall then submit an additional or revised proposal.

(4)

In the event the authority upon review of the plans and other documents submitted under subsection (1) of this section determines that the danger to public health in the area proposed to be annexed cannot be removed or alleviated by sanitary, water or other facilities ordinarily provided by incorporated cities it shall terminate the proceedings upon the proposal and notify the city. [1975 c.639 §13]

Notes of Decisions

Certification of Environmental Quality Commission pursuant to this section is not action required by ORS 197.180 to be made in accordance with state-wide planning goals. West Side Sanitary Dist. v. LCDC, 289 Or 409, 614 P2d 1148 (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