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 (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
(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 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 (3), the director, in implementing an order under
ORS 222.840 to 222.915, may allow the use of the tax differential authorized by
ORS 222.111 (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]
Notes of Decisions
Kelly v. Silver (1976)
orctapp · cites it 5×
“"* * * * * » ORS 222.880. "(1) Within 30 days after the filing with the city under ORS 222.”
West Side Sanitary District v. Land Conservation & Development Commission (1980)
or · cites it 5×
“The instant case arises from a petition to the Land Conservation and Development Commission (LCDC), requesting that LCDC review the order of the Health Division issued pursuant to ORS 222.880, finding that a danger to public health exists in a territory adjacent to the city of…”
City of Corvallis v. State of Oregon (2020)
orctapp
“It is also notable that, even though the state health division makes the predicate finding with respect to a health-hazard annexation, the legislative body of the city still must issue an ordinance effectuating the annexation.”
Morsman v. City of Madras (2006)
orctapp
“ORS 222.880. 3 The second method requires the consent of a combination of electors and property owners.”
State Ex Rel. Rodriguez v. Gebbie (1980)
or · cites it 3×
“] "(b) Order further proceedings on the findings filed under ORS 222.880 stayed pending the review permitted under ORS 222.”
West Side Sanitary District v. Land Conservation & Development Commission (1980)
or · cites it 5×
“The LCDC hearings officer, in his "Recommendation on Jurisdiction,” stated that LCDC had already determined that it lacks jurisdiction to review *413 the Health Division’s determinations as to the existence of a health hazard under ORS 222.880. With regard to LCDC review of…”
Trueblood v. HEALTH DIV., DEPT. OF HUMAN RES. (1977)
orctapp · cites it 3×
“Within 30 days after the filing with the city under ORS 222.880 of a finding of the administrator that conditions dangerous to public health exist, any resident of the territory proposed to be annexed or the city, as a municipal corporation acting through its governing body, may…”
Pieper v. Health Division (1980)
or · cites it 2×
“This is a petition for review of an order by the Oregon State Health Division pursuant to ORS 222.880 under which the City of Corvallis would be required to annex an area adjacent to that city without a vote of "the electorate” based upon findings that a danger to public health…”
— Or. Rev. Stat. § 222.880(1) — 1 case
— Or. Rev. Stat. § 222.880(2) — 4 cases
Kelly v. Silver (1976)
orctapp
“"* * * * * » ORS 222.880. "(1) Within 30 days after the filing with the city under ORS 222.”
Trueblood v. HEALTH DIV., DEPT. OF HUMAN RES. (1977)
orctapp
“Within 30 days after the filing with the city under ORS 222.880 of a finding of the administrator that conditions dangerous to public health exist, any resident of the territory proposed to be annexed or the city, as a municipal corporation acting through its governing body, may…”
— Or. Rev. Stat. § 222.880(3) — 2 cases
— Or. Rev. Stat. § 222.880(4) — 1 case
Kelly v. Silver (1976)
orctapp
“"* * * * * » ORS 222.880. "(1) Within 30 days after the filing with the city under ORS 222.”
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