Sanitary Districts and Authorities

ORS 450.989
Apportionment of cost among serviced property owners

  • determination by authority


(1)

If any person is required by an authority to pay the cost of extending a sewer main adjacent to another person’s property so that sewer service for domestic use is provided for that other property without further extension of the sewer main, the authority may require the owner of the other property to refund to the authority for disbursement to the person required to pay the cost of extending the sewer main, a portion of the cost of the extension.

(2)

The board may adopt an ordinance specifying the method of apportioning the construction costs to the property served and establishing a procedure for application for and payment of a refund.

(3)

The right to require a refund under this section shall not continue for more than 10 years after the date of installation of the sewer main.

(4)

The amount to be refunded shall be determined by the authority and such determination shall be final.

(5)

The authority may refuse to provide sewer service until a refund is paid. [1983 c.435 §2]
Chapter 450

Notes of Decisions

Where city with home rule charter enacted ordinance imposing franchise fee on sanitary authority for use of city's rights-of-way, ordinance operates concurrently with state law and is not preempted. Rogue Valley Sewer Services v. City of Phoenix, 262 Or App 183, 329 P3d 1 (2014), aff'd 357 Or 437, 353 P3d 581 (2015)


Source

Last accessed
Jun. 26, 2021