2011 ORS § 451.445¹
Formation of district upon finding of health hazard
  • financing

(1) When certified copy of the findings of the Director of the Oregon Health Authority is filed with the county court as provided by ORS 431.740 (Notice to boundary commission) or 431.750 (Commission review of alternative plan), the county court shall, subject to ORS 198.792 (District formation or annexation proceedings to relieve public health danger), proceed to form the district to provide the facilities described in the findings and shall enter an order in accordance with ORS 451.485 (Governing body of district).

(2) The county court shall, within one year after making its order under ORS 451.485 (Governing body of district), prepare plans and specifications for the service facilities proposed to be provided within the district and proceed in accordance with the time schedule to construct or install the facilities.

(3) Notwithstanding the provisions of ORS 451.487 (Referendum on order), the order of the county court under ORS 451.485 (Governing body of district) is not subject to referendum if it is adopted in accordance with subsection (1) of this section and as a result of proceedings conducted under ORS 431.705 (Definitions for ORS 431.705 to 431.760) to 431.760 (Certain persons prohibited from participating in proceedings).

(4) Notwithstanding ORS 451.495 (Ordinance governing certain assessments), when service facilities are to be constructed for the purpose of removing or alleviating a danger to public health and as a result of proceedings conducted by ORS 431.705 (Definitions for ORS 431.705 to 431.760) to 431.760 (Certain persons prohibited from participating in proceedings), if any portion of the cost of the service facilities is to be assessed against the property directly benefited, ORS 451.495 (Ordinance governing certain assessments) (1)(c) does not apply to the general ordinance providing for the method of assessment which must be adopted under ORS 451.495 (Ordinance governing certain assessments). [1973 c.361 §18; 1981 c.452 §3; 2009 c.595 §874]