Local Improvements and Works Generally

ORS 223.750
Enactment of rulemaking ordinances

  • effect of irregularities


(1)

Each local government, through its governing body, may provide, by such ordinances, rules and regulations as may be needed, for accepting rebonding applications, issuing bonds and otherwise carrying out the terms of ORS 223.705 (Rebonding of unpaid assessments) to 223.750 (Enactment of rulemaking ordinances); and may, by such ordinance and in conformity with ORS 223.715 (Payment of rebonded assessment), determine the interest rate to be charged property owners who apply to rebond liens as provided by those sections.

(2)

No error or omission in rebonding liens shall invalidate or impair the original bonded lien. [Amended by 1991 c.902 §84; 2003 c.802 §58]
Chapter 223

Notes of Decisions

Fact that ordinance, which charged fee to property owners taking advantage of privilege of making connection to city water system, specified that payment would be secured by liens which would be "enforced" in matter provided by this chapter did not, of itself, show that such charges were "assessments." Montgomery Brothers v. City of Corvallis, 34 Or App 785, 580 P2d 190 (1978)

Circuit court has jurisdiction to determine merits of assessment, but cannot address whether assessment is subject to constitutional limits on property taxes. Martin v. City of Tigard, 14 OTR 517 (1999), aff'd 335 Or 444, 72 P3d 619 (2003)

State statutory procedures for financing local improvements are not exclusive and do not displace consistent local procedures. Baker v. City of Woodburn, 190 Or App 445, 79 P3d 901 (2003), Sup Ct review denied


Source

Last accessed
Jun. 26, 2021