ORS 222.880
Oregon Health Authority order or finding

  • hearing upon petition
  • alteration of boundaries
  • tax differential

(1)

Within 30 days following the final hearing of any arguments received by petition under the provisions of ORS 222.875 (Purpose and conduct of hearing) (2) the Director of the Oregon Health Authority shall review the arguments and the findings and recommendations of the person conducting the hearing as provided in ORS 222.875 (Purpose and conduct of hearing) (2). If the director finds no danger to public health exists because of conditions within the affected territory, the director shall issue an order terminating the proceedings under ORS 222.840 (Short title) to 222.915 (Application of ORS 222.840 to 222.915) with reference to the affected territory.

(2)

If the director finds that a danger to public health exists because of conditions within the affected territory, the director shall file a certified copy of findings with the city and, except where the condition causing the danger to public health is impure or inadequate domestic water, with the Environmental Quality Commission.

(3)

If the director determines that a danger to public health exists because of conditions within only part of the affected territory, the director may, upon petition and hearing, reduce the boundaries of the affected territory to that part of the territory that presents a danger if the area to be excluded would not be surrounded by the affected territory remaining to be annexed and would not be directly served by the sanitary, water or other facilities necessary to remove or alleviate the danger to public health existing within the affected territory remaining to be annexed. The findings shall describe the boundaries of the affected territory as reduced by the director. The director shall file a certified copy of findings with the city and, except where the condition causing the danger to public health is impure or inadequate domestic water, the commission.

(4)

In determining whether to exclude any area the director may consider whether or not such exclusion would unduly interfere with the removal or alleviation of the danger to public health in the affected territory remaining to be annexed and whether the exclusion would result in an illogical boundary for the extension of services normally provided by an incorporated city.

(5)

The city shall, when requested, aid in the determinations made under subsections (3) and (4) of this section and, if necessary, cause a study to be made.

(6)

Notwithstanding ORS 222.111 (Authority and procedure for annexation) (3), the director, in implementing an order under ORS 222.840 (Short title) to 222.915 (Application of ORS 222.840 to 222.915), may allow the use of the tax differential authorized by ORS 222.111 (Authority and procedure for annexation) (3) for a period not exceeding 15 years with the consent of the affected city. [1967 c.624 §8; 1973 c.637 §7; 1975 c.639 §6; 1983 c.407 §8; 1989 c.780 §1; 2009 c.595 §185]

Source: Section 222.880 — Oregon Health Authority order or finding; hearing upon petition; alteration of boundaries; tax differential, https://www.­oregonlegislature.­gov/bills_laws/ors/ors222.­html.

Notes of Decisions

Health Division order, issued pursuant to this section, is not action “authorized by law with respect to programs affecting land use” under ORS 197.180, so Division need not consider state-wide planning goals in reaching its decision. West Side Sanitary Dist. v. LCDC, 289 Or 393, 614 P2d 1141 (1980)

Actions by Health Division and Environmental Quality Commission pursuant to this section are not combined administrative proceedings, but rather separate agency actions each resulting in “final order” under ORS 183.310. West Side Sanitary Dist. v. Health Div., 289 Or 417, 614 P2d 1151 (1980)

222.005
Notice to public utilities of annexation
222.010
Report of city boundary changes
222.030
Assessor to furnish statement of assessed valuation of property in territory to be annexed
222.040
Delay of effective date of actions under this chapter because of election
222.045
Written agreement required regarding unfunded PERS liability or surplus when cities split, consolidate or merge
222.050
Certain consolidations and mergers
222.111
Authority and procedure for annexation
222.115
Annexation contracts
222.118
Provision of city services to airport without requiring annexation
222.120
Procedure for annexation without election
222.125
Annexation by consent of all owners of land and majority of electors
222.127
Annexation without election notwithstanding contrary city law upon petition of all owners of land
222.130
Annexation election
222.150
Election results
222.160
Procedure when annexation is submitted to city vote
222.170
Annexation by consent before public hearing or order for election
222.173
Time limit for filing statements of consent
222.175
City to provide information on taxes and services when soliciting statements of consent
222.177
Transmittal of annexation records to Secretary of State
222.179
Exempt territory
222.180
Effective date of annexation
222.183
Notice of annexation when effective date delayed for more than one year
222.210
Authority to consolidate adjoining and nonadjoining cities or territories
222.220
Initiation of proceedings
222.225
Economic feasibility statement required
222.230
Form and contents of petition
222.240
Approval of petition
222.250
Joint convention of governing bodies
222.260
Ordinance calling election
222.265
Conduct of election
222.270
Canvass of votes
222.275
Second election on question of consolidation of certain areas or cities
222.280
Election of officers
222.290
Officers assume duties under charter
222.295
Effect of consolidation
222.300
Ordinances of previously incorporated cities continued in effect
222.310
Construction of ORS 222.210 to 222.310
222.460
Procedures for withdrawal of territory
222.465
Effective date of withdrawal from domestic water supply district, water control district or sanitary district
222.510
Annexation of entire district
222.520
Annexation of less than entire district
222.524
Procedure for withdrawal of part of district from district
222.528
Territory withdrawn from district not liable for certain obligations
222.530
Procedure for division of assets on withdrawal of part of district
222.540
Procedure for division of installations on withdrawal of part of water district
222.550
Withdrawal of greater portion of water district
222.560
Procedure for division of installations on withdrawal of part of sanitary district
222.570
Effect on metropolitan sanitary districts
222.575
Agreements for joint operation by city and district
222.580
Procedure applicable to prior annexations in which no property division was made
222.610
Surrender of city charter and merger into adjoining city
222.620
Submission of merger to electors of city surrendering charter
222.650
Submission of merger to electors of city retaining charter
222.680
Effective date of merger
222.690
Effect of merger on rights, liabilities and jurisdiction of the merged cities
222.700
Effect of merger on pending actions and proceedings
222.710
Return statements filed with county recording officer
222.750
Annexation of unincorporated territory surrounded by city
222.840
Short title
222.850
Definitions for ORS 222.840 to 222.915
222.855
Annexation to remove danger to public health
222.860
Proposal for annexation
222.870
Hearing in affected territory
222.875
Purpose and conduct of hearing
222.880
Oregon Health Authority order or finding
222.883
Stay of proceedings by Oregon Health Authority
222.885
Alternative plan by petition or resolution
222.890
Review of alternative plan
222.896
Judicial review
222.897
Study and plan for alleviation of health danger by city
222.898
Determination if health danger can be alleviated
222.900
City to adopt ordinance
222.905
Proposal or petition for annexation
222.911
Participation of director, officer or employee with interest in affected territory
222.915
Application of ORS 222.840 to 222.915
222.990
Penalties
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