ORS 453.876
Determination that property is not fit for use

  • appeal
  • notice to local residents

(1)

The Director of the Oregon Health Authority or a designee thereof, the State Fire Marshal or a designee thereof or any law enforcement agency may determine that property is not fit for use pursuant to ORS 105.555 (Places declared nuisances subject to abatement), 431.175 (Warrant procedure) and 453.855 (Purpose) to 453.912 (Governmental immunity from liability) and applicable rules adopted by the Oregon Health Authority and may make that determination on site. The determination is effective immediately and renders the property not fit for use.

(2)

The owner may appeal the determination, to the agency that made the determination, within 30 working days after the determination, pursuant to rules of the agency, or to circuit court.

(3)

The appeal to the agency is not a contested case under ORS chapter 183. The question on appeal is limited to whether the site is an illegal drug manufacturing site.

(4)

If a determination that property is not fit for use is made under subsection (1) of this section, a local government or the state may provide notice that the real property has been determined to be an illegal drug manufacturing site and not fit for use to:

(a)

A person in each residence located within 300 feet of the real property if the real property is located within an urban growth boundary; or

(b)

A person in each residence located within one quarter mile of the real property if the real property is not located within an urban growth boundary.

(5)

The notice described in subsection (4) of this section shall be in writing and shall include:

(a)

The address of the real property that is determined to be not fit for use;

(b)

A statement that the determination is subject to appeal and that the real property may be determined to be fit for use if the appeal is successful or if the real property is certified as decontaminated;

(c)

The telephone number of the office of the Oregon Health Authority that is responsible for overseeing the decontamination of illegal drug manufacturing sites; and

(d)

The website for the Oregon Health Authority office responsible for overseeing the decontamination of illegal drug manufacturing sites that contains information on the dangers associated with real property that has been used as an illegal drug manufacturing site. [1989 c.915 §9; 1999 c.861 §2; 2003 c.559 §1; 2009 c.595 §926]

Source: Section 453.876 — Determination that property is not fit for use; appeal; notice to local residents, https://www.­oregonlegislature.­gov/bills_laws/ors/ors453.­html.

453.001
Definitions for ORS 453.001 to 453.185
453.005
Definitions for ORS 453.005 to 453.135
453.015
Application
453.025
Certain practices not affected by ORS 453.005 to 453.135
453.035
Standards for labeling of hazardous substances
453.045
Poison registers
453.055
Hazardous, banned hazardous, misbranded hazardous substances
453.065
Detention of suspected substances
453.075
Repurchase of banned hazardous substances previously sold
453.085
Prohibited acts
453.095
Rules
453.105
Authority to enter premises
453.115
Access to records of persons carrying, receiving or storing in commerce
453.125
Enjoining violations
453.135
Notice required prior to institution of criminal proceedings
453.175
Necessity for poison label
453.185
False representation by purchaser prohibited
453.205
Definitions for ORS 453.205 to 453.275
453.215
Legislative findings
453.225
When presumption of toxic ingredient arises
453.235
Distribution of material containing toxic substances
453.245
Order or purchase by school of material considered to contain toxic substance prohibited
453.255
List of authorized art and craft materials
453.265
Filing of formulation information with poison control centers required
453.275
Civil penalty
453.307
Definitions for ORS 453.307 to 453.414
453.312
Legislative findings
453.317
Hazardous substance survey
453.322
Retention of information
453.327
Public access
453.332
When disclosure of identity may be withheld
453.337
When disclosure of identity of hazardous substance required
453.342
When incident of injury to be reported
453.347
Emergency response planning
453.352
Exemption from reporting requirements
453.357
Civil penalty
453.362
Department of Consumer and Business Services to supply employers’ names
453.367
Rules
453.370
Limitations on local community right to know regulatory programs
453.372
Short title
453.374
Hazardous material emergency response system
453.376
Disclosure of information to State Fire Marshal
453.378
Disclosure of information to local government official
453.380
Regional hazardous material response team
453.382
Cost of responding to emergency
453.384
Immunity of team members from liability
453.386
Equipment and personnel
453.388
Contracts for equipment, personnel loans or equipment purchases
453.390
Revolving fund
453.392
Spills or releases during transportation by rail
453.394
Oil and Hazardous Material Transportation by Rail Action Fund
453.396
Definitions for ORS 453.396 to 453.414
453.398
Purpose
453.400
Possession of hazardous substance
453.402
Fees
453.404
Extension of payment date
453.406
Records of hazardous substance possessed
453.408
Rules
453.410
Application of ORS chapters 305 and 314
453.412
Deposit and distribution of moneys received from fees
453.414
Exemption for local government
453.520
Department of the State Fire Marshal as state emergency response commission
453.605
Definitions for ORS 453.605 to 453.800
453.615
Statement of policy
453.625
Purpose of ORS 453.605 to 453.800
453.635
State Radiation Control Agency
453.645
Radiation Advisory Committee
453.655
License or registration required for radiation source
453.665
Licenses
453.671
Vendor license
453.675
State assumption of federal responsibility for radiation sources
453.685
Entry on property for inspection purposes
453.695
Records concerning radiation source
453.705
Impounding radiation source upon violation
453.715
Injunction against violation
453.726
Definitions for ORS 453.726 to 453.734
453.727
Purpose of ORS 453.726 to 453.734
453.728
Tanning device to comply with federal requirements
453.729
Standards and regulation of tanning devices
453.730
Written warning statement and sign
453.731
Civil penalty for violation of ORS 453.726 to 453.734
453.732
Disposition of receipts
453.734
Prohibition on use of tanning devices by persons under 18 years of age
453.735
ORS 453.605 to 453.800 and rules supersede contrary laws or regulations
453.745
Intergovernmental cooperation to control radiation sources
453.752
X-ray machine registration
453.754
Application for X-ray machine registration
453.757
X-ray machine biennial registration fee
453.761
X-ray machine registration period
453.766
Prohibited conduct
453.771
Imposition of civil penalty for X-ray machine registration violations
453.775
Duties of Oregon Health Authority pertaining to X-ray machines
453.780
Radiology inspectors
453.785
Accreditation
453.790
Power of Oregon Health Authority to condition, suspend, revoke or refuse to renew radiology inspector accreditation
453.795
Duties of Oregon Health Authority pertaining to accreditation of radiology inspectors
453.800
X-ray Machine Inspection Account
453.805
Elimination of radiation source danger
453.807
When hearing required
453.825
Department of Transportation plan for regulating transport of hazardous substances and radioactive waste
453.835
Report to legislative committee
453.855
Purpose
453.858
Definitions for ORS 453.855 to 453.912
453.861
Applicability
453.864
Rules
453.867
Restriction on transfer of property used as illegal drug manufacturing site
453.870
Transfer allowed after full disclosure
453.873
Entry onto property
453.876
Determination that property is not fit for use
453.879
Director of the Department of Consumer and Business Services to be notified of determination
453.882
Contaminated property as public nuisance
453.885
Decontamination of property
453.886
Notice by county or local government required before incurring costs
453.888
License required to perform decontamination
453.891
Oregon Health Authority to provide information to licensed contractors and those planning to become licensed
453.894
Licensing fees
453.897
Lists of licensed contractors to be made available
453.900
Inspection of decontamination work
453.903
Evaluation of decontamination projects
453.906
Condemnation or demolition of property
453.909
Authority of counties and cities
453.912
Governmental immunity from liability
453.990
Criminal penalties
453.995
Civil penalties
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