2015 ORS 222.898¹
Determination if health danger can be alleviated
  • approval of plans
  • notice to city

(1) Within 60 days of receipt of the preliminary plans and other documents submitted as required by ORS 222.897 (Study and plan for alleviation of health danger by city), the appropriate reviewing authority shall determine whether the conditions dangerous to public health within the territory proposed to be annexed can be removed or alleviated by the sanitary, water or other facilities proposed by the plans and specifications.

(2) If such authority considers the proposed facilities and the time schedule for installation of such facilities adequate to remove or alleviate the dangerous conditions, it shall approve the proposal and certify its approval to the city.

(3) If the authority considers the proposed facilities or time schedule inadequate, it shall disapprove the proposal and certify its disapproval to the city including the particular matters causing the disapproval. The city council shall then submit an additional or revised proposal.

(4) In the event the authority upon review of the plans and other documents submitted under subsection (1) of this section determines that the danger to public health in the area proposed to be annexed cannot be removed or alleviated by sanitary, water or other facilities ordinarily provided by incorporated cities it shall terminate the proceedings upon the proposal and notify the city. [1975 c.639 §13]

Notes of Decisions

Certifica­tion of Environ­mental Quality Commission pursuant to this sec­tion is not ac­tion re­quired by ORS 197.180 (State agency planning responsibilities) to be made in accordance with state-wide planning goals. West Side Sanitary Dist. v. LCDC, 289 Or 409, 614 P2d 1148 (1980)

Notes of Decisions

These pro­vi­sions authorizing the state Health Division to order annexa­tion to a city or territory within which there exist condi­tions dangerous to the public health do not constitute an unlawful delega­tion of legislative power. Kelly v. Silver, 25 Or App 441, 549 P2d 1134 (1976)

These sec­tions apply even though an area is served by an existing sanitary district. West Side Sanitary Dist. v. Health Div., 42 Or App 755, 601 P2d 858 (1979), affd as modified 289 Or 417, 614 P2d 1151 (1980)

As agency ac­tions under these sec­tions do not involve decisions concerning land use, ORS 197.180 (State agency planning responsibilities), requiring adherence to state-wide planning goals in planning and other ac­tions by state agencies, is inapplicable. West Side Sanitary Dist. v. Health Div., 42 Or App 755, 601 P2d 858 (1979), affd as modified 289 Or 417, 614 P2d 1151 (1980)

Atty. Gen. Opinions

Territory separated into two parcels as eligible for health hazard annexa­tion, (1980) Vol 41, p 195

Chapter 222

Notes of Decisions

Provisions of this chapter do not require final decisions on small tract annexa­tions to be made in quasi-judicial pro­ceed­ings rather than by popular vote. Stewart v. City of Corvallis, 48 Or App 709, 617 P2d 921 (1980), Sup Ct review denied


1 Legislative Counsel Committee, CHAPTER 222—City Boundary Changes; Mergers; Consolidations; Withdrawals, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors222.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 222, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano222.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.