Proceedings prior to order of compliance with goals
- • disclosure notice
(1) On its own motion, the Land Conservation and Development Commission may initiate a proceeding to carry out the provisions of ORS 197.320 (Power of commission to order compliance with goals and plans). If the commission proceeds on its own motion, it shall proceed as set forth in ORS 197.328 (Procedures to consider order to comply with goals).
(2)(a) After a person meets the requirements of ORS 197.319 (Procedures prior to request of an enforcement order), the person may file a petition to request that the commission consider the matter. Filing occurs upon mailing the petition to the Department of Land Conservation and Development.
(b) The commission shall determine if there is good cause to proceed on the petition.
(c) If the commission determines that there is not good cause to proceed on the petition, the commission shall issue a final order dismissing the petition, stating the reasons therefor.
(d) If the commission determines that there is good cause to proceed on the petition, the commission shall proceed as set forth in ORS 197.328 (Procedures to consider order to comply with goals).
(3) Following initiation of a proceeding under subsection (1) of this section or a determination by the commission that there is good cause to proceed on a petition under subsection (2) of this section, the affected local government shall include the following disclosure in any subsequent notice of a land use decision that could be affected by the enforcement order:
NOTICE: THE OREGON LAND CONSERVATION AND DEVELOPMENT COMMISSION HAS FOUND GOOD CAUSE FOR AN ENFORCEMENT PROCEEDING AGAINST ________ (Name of local government). AN ENFORCEMENT ORDER MAY BE EVENTUALLY ADOPTED THAT COULD LIMIT, PROHIBIT OR REQUIRE APPLICATION OF SPECIFIED CRITERIA TO ANY ACTION AUTHORIZED BY THIS DECISION BUT NOT APPLIED FOR UNTIL AFTER ADOPTION OF THE ENFORCEMENT ORDER. FUTURE APPLICATIONS FOR BUILDING PERMITS OR ANY TIME EXTENSIONS MAY BE AFFECTED.
[1989 c.761 §5; 1995 c.778 §3]
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