2015 ORS § 222.885¹
Alternative plan by petition or resolution
  • stay of proceedings

(1)(a) Within 60 days after the Director of the Oregon Health Authority finds, pursuant to ORS 222.880 (Oregon Health Authority order or finding), that conditions dangerous to public health exist, not less than 51 percent of the electors registered in the affected territory may file a petition with the Oregon Health Authority proposing an alternative plan to annexation to the city for removal or alleviation of the conditions dangerous to public health.

(b) The petition shall state the intent of the residents to seek:

(A) Annexation to an existing district authorized by law to provide facilities within the affected territory necessary to remove or alleviate the dangerous conditions;

(B) With the approval of the city or district, extraterritorial extension of a citys or districts sewer or water lines; or

(C) Approval of a plan other than annexation or extraterritorial extension.

(c) The petition must be accompanied by a proposed plan stating any facilities to be constructed, a proposed means of financing the facilities and an estimate of the time required to construct the facilities and place them in operation.

(2)(a) Within 30 days after the director finds, pursuant to ORS 222.880 (Oregon Health Authority order or finding), that conditions dangerous to public health exist, the city council or the governing body of any district having jurisdiction over the affected territory may file with the authority a validly adopted resolution proposing an alternative plan to annexation to the city for removal or alleviation of the conditions dangerous to public health.

(b) The resolution must be accompanied by a proposed plan stating any facilities to be constructed, a proposed means of financing the facilities and an estimate of the time required to construct the facilities and place them in operation.

(3) Upon receipt of a petition or resolution under this section, the authority shall:

(a) Immediately forward copies of the petition or resolution to the city or district referred to in the petition or resolution, and, except where the condition causing the danger to public health is impure or inadequate domestic water, to the Environmental Quality Commission.

(b) Order further proceedings on the findings filed under ORS 222.880 (Oregon Health Authority order or finding) stayed, pending the review permitted under ORS 222.890 (Review of alternative plan) and this section. [1967 c.624 §8a (1), (2); 1973 c.637 §8; 1975 c.639 §7; 1983 c.83 §26; 1983 c.407 §9; 2009 c.595 §187; 2015 c.281 §1]