ORS 431.735
Director’s authority under ORS 431.705 to 431.760
(1)
If the Director of the Oregon Health Authority after investigation finds that no danger to public health exists because of conditions within the affected territory, or that such a danger does exist but the conditions causing it could not be removed or alleviated by the provision of service facilities, the director shall issue an order terminating the proceedings under ORS 431.705 (Definitions for ORS 431.705 to 431.760) to 431.760 (Certain persons prohibited from participating in proceedings) with reference to the affected territory.(2)
If the director finds, after investigation and the hearing required by ORS 431.725 (Oregon Health Authority to review resolution), that a danger to public health exists because of conditions within the territory, and that such conditions could be removed or alleviated by the provisions of service facilities in accordance with the plans and specifications and the time schedule proposed, the director shall enter findings in an order, directed to the officers described by ORS 431.740 (Notice to boundary commission), setting out the service facilities to be provided.(3)
If the director determines that a danger to public health exists because of conditions within only part of the affected territory, or that such conditions could be removed or alleviated in only part of the affected territory by the provision of service facilities, the director may, subject to conditions stated in ORS 431.705 (Definitions for ORS 431.705 to 431.760) to 431.760 (Certain persons prohibited from participating in proceedings), reduce the boundaries of the affected territory to that part which presents a danger or in which the conditions could be removed or alleviated if the area to be excluded would not be surrounded by the 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 territory remaining to be annexed. The findings shall describe the boundaries of the area as reduced by the director.(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 area remaining to be annexed and whether the exclusion would result in an illogical boundary for the provision of services.(5)
The requesting body or the boundary commission 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. [1973 c.361 §7; 1975 c.266 §3; 2009 c.595 §582]
Source:
Section 431.735 — Director’s authority under ORS 431.705 to 431.760, https://www.oregonlegislature.gov/bills_laws/ors/ors431.html.
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