Or. Rev. Stat. § 222.850

Definitions for ORS 222.840 to 222.915

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222.850 Definitions for ORS 222.840 to 222.915. As used in ORS 222.840 to 222.915, unless the context requires otherwise:

(1) “Affected territory” means an area within the urban growth boundary of a city and which is otherwise eligible for annexation to that city and in which there exists an actual or alleged danger to public health.

(2) “Authority” means the Oregon Health Authority.

(3) “City council” means the legislative body of a city.

(4) “Commission” means the Environmental Quality Commission.

(5) “Danger to public health” means a condition which is conducive to the propagation of communicable or contagious disease-producing organisms and which presents a reasonably clear possibility that the public generally is being exposed to disease-caused physical suffering or illness, including a condition such as:

(a) Impure or inadequate domestic water.

(b) Inadequate installations for the disposal or treatment of sewage, garbage or other contaminated or putrefying waste.

(6) “Director” means the Director of the Oregon Health Authority.

(7) “District” means any one of the following:

(a) A metropolitan service district formed under ORS chapter 268.

(b) A county service district formed under ORS chapter 451.

(d) A sanitary authority, water authority or joint water and sanitary authority formed under ORS 450.600 to 450.989.

(e) A domestic water supply district formed under ORS chapter 264.

(8) “Local board of health” means a local public health authority, as defined in ORS 431.003. [1967 c.624 §1; 1973 c.637 §1; 1975 c.639 §1; 1983 c.407 §4; 1993 c.577 §17; 2001 c.900 §238; 2009 c.595 §181; 2015 c.736 §54]

Notes of Decisions

Cited in 10 cases, 1976–1982 · leading case: Kelly v. Silver

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Kelly v. Silver (1976) orctapp · cites it 5× “Plaintiffs are 177 residents of a territory proposed to be annexed to the city pursuant to the provisions of ORS 222.850 through 222.915. Numerous of the plaintiffs are obviously spouses of other plaintiffs.”

West Side Sanitary District v. Land Conservation & Development Commission (1980) or · cites it 5× “1 The Health Division findings were required as part of statutory proceedings toward compulsory annexation to remove a danger to public health, ORS 222.850 to 222.915. The Court of Appeals affirmed the decision of LCDC to dismiss the petition for lack of jurisdiction.”

Pieper v. Health Division (1980) or · cites it 13× “915, which provides that: "The provisions of ORS 222.850 to 222.915 do not apply to proceedings to annex territory to any city if the charter or ordinances of the city conflict with or are inconsistent with ORS 222.”

State Ex Rel. Rodriguez v. Gebbie (1980) or · cites it 4× “In December, 1977, the Klamath County Board of Health, believing that a danger to public health existed within the subject territory, adopted a resolution and forwarded a copy to the Health Division, proposing that the territory be annexed to the City pursuant to ORS 222.850 to…”

West Side Sanitary District v. Land Conservation & Development Commission (1980) or · cites it 6× “1 The EQC certification was required as part of statutory proceedings towards compulsory annexation to remove a danger to public health, ORS 222.850 to 222.915. The Court of Appeals affirmed the decision of LCDC to dismiss the petition for lack of jurisdiction, 43 Or App 890 ,…”

West Side Sanitary District v. Health Division of the Department of Human Resources (1979) orctapp · cites it 7× “Petitioner West Side Sanitary District seeks review of orders rendered by the Environmental Quality Commission and the Health Division in an annexation proceeding under ORS 222.850 to 222.915. The area subject to annexation now receives sanitary services from petitioner.”

West Side Sanitary District v. Health Division of the Department of Human Resources (1980) or · cites it 6× “Those statutes provide for city annexation of a territory, "* * * without any vote in such territory or any consent by the owners of land therein if it is f ound, as provided in ORS 222.850 to 229.915 [sic], that a danger to public health exists because of conditions within the…”

Stewart v. City of Corvallis (1980) orctapp “Consequently, annexation is the only practical way for Corvallis to provide vacant, buildable land for needed housing types and densities.”

Trueblood v. HEALTH DIV., DEPT. OF HUMAN RES. (1977) orctapp · cites it 4× “ORS 222.850 to 222.990. 1 Petitioners, residents of Glenmorrie, in ten assignments of error challenge the constitutionality of the statute, certain procedures during the hearing, the findings of the Administrator for lack of substantial evidence and the schedule of construction…”

City of Ashland v. Bear Creek Valley Sanitary Authority (1982) orctapp “With regard to BCVSA’s authorization of the sewer construction, LUBA stated: *205 “After it found the hazard to exist, the BCVSA acted in the same way as a city would act under ORS 222.850 to ORS 222.915: it drew up a plan to alleviate the problem.”

— Or. Rev. Stat. § 222.850(4) — 2 cases

Trueblood v. HEALTH DIV., DEPT. OF HUMAN RES. (1977) orctapp “ORS 222.850 to 222.990. 1 Petitioners, residents of Glenmorrie, in ten assignments of error challenge the constitutionality of the statute, certain procedures during the hearing, the findings of the Administrator for lack of substantial evidence and the schedule of construction…”

West Side Sanitary District v. Health Division of the Department of Human Resources (1979) orctapp “Petitioner West Side Sanitary District seeks review of orders rendered by the Environmental Quality Commission and the Health Division in an annexation proceeding under ORS 222.850 to 222.915. The area subject to annexation now receives sanitary services from petitioner.”

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