Or. Rev. Stat. § 222.885

Alternative plan by petition or resolution; stay of proceedings

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222.885 Alternative plan by petition or resolution; stay of proceedings. (1)(a) Within 60 days after the Director of the Oregon Health Authority finds, pursuant to ORS 222.880, that conditions dangerous to public health exist, not less than 51 percent of the electors registered in the affected territory may file a petition with the Oregon Health Authority proposing an alternative plan to annexation to the city for removal or alleviation of the conditions dangerous to public health.

(b) The petition shall state the intent of the residents to seek:

(A) Annexation to an existing district authorized by law to provide facilities within the affected territory necessary to remove or alleviate the dangerous conditions;

(B) With the approval of the city or district, extraterritorial extension of a city’s or district’s sewer or water lines; or

(c) The petition must be accompanied by a proposed plan stating any facilities to be constructed, a proposed means of financing the facilities and an estimate of the time required to construct the facilities and place them in operation.

(2)(a) Within 30 days after the director finds, pursuant to ORS 222.880, that conditions dangerous to public health exist, the city council or the governing body of any district having jurisdiction over the affected territory may file with the authority a validly adopted resolution proposing an alternative plan to annexation to the city for removal or alleviation of the conditions dangerous to public health.

(b) The resolution must be accompanied by a proposed plan stating any facilities to be constructed, a proposed means of financing the facilities and an estimate of the time required to construct the facilities and place them in operation.

(3) Upon receipt of a petition or resolution under this section, the authority shall:

(a) Immediately forward copies of the petition or resolution to the city or district referred to in the petition or resolution, and, except where the condition causing the danger to public health is impure or inadequate domestic water, to the Environmental Quality Commission.

(b) Order further proceedings on the findings filed under ORS 222.880 stayed, pending the review permitted under ORS 222.890 and this section. [1967 c.624 §8a (1), (2); 1973 c.637 §8; 1975 c.639 §7; 1983 c.83 §26; 1983 c.407 §9; 2009 c.595 §187; 2015 c.281 §1]

Notes of Decisions

Cited in 7 cases, 1977–1980 · leading case: State Ex Rel. Rodriguez v. Gebbie

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State Ex Rel. Rodriguez v. Gebbie (1980) or · cites it 20× “” On November 1, 1978, pursuant to ORS 222.885, plaintiffs filed with the Health Division a petition allegedly signed by not less than 51 percent of the registered voters in the territory proposed to be annexed.”

West Side Sanitary District v. Health Division of the Department of Human Resources (1980) or · cites it 7× “On November 1, 1978, pursuant to ORS 222.885, petitioners filed with the Health Division a petition, allegedly signed by not less than 51 percent of the registered voters in the territory proposed to be annexed, proposing an alternative plan of city annexation to a sanitary…”

West Side Sanitary District v. Health Division of the Department of Human Resources (1979) orctapp · cites it 5× “ORS 222.885 provides that, within 30 days after the Health Division’s determination that a condition dangerous to public health exists, "*** a petition, signed by not less than 51 percent of the registered voters in the territory proposed to be annexed, may be filed with the…”

West Side Sanitary District v. Land Conservation & Development Commission (1980) or “Gebbie, 289 Or 399 , 614 P2d 1144 (1980), petitioners sought a writ of mandamus to compel the assistant director of the Health Division to initiate review of a petition submitted under ORS 222.885. In the third case, West Side Sanitary Dist.”

Pieper v. Health Division (1980) or “900), subject to provisions for consideration of alternative plans and plans for "alleviation,” as provided by ORS 222.885 and 222.898. It appears from the record in this case that this proceeding was not initiated by the council of the City of Corvallis (as provided by ORS 222.”

Trueblood v. HEALTH DIV., DEPT. OF HUMAN RES. (1977) orctapp “The choice between repair of existing facilities, annexation or an alternative plan pursuant to ORS 222.885 is purely a legislative matter.”

— Or. Rev. Stat. § 222.885(1) — 2 cases

State Ex Rel. Rodriguez v. Gebbie (1980) or “” On November 1, 1978, pursuant to ORS 222.885, plaintiffs filed with the Health Division a petition allegedly signed by not less than 51 percent of the registered voters in the territory proposed to be annexed.”

West Side Sanitary District v. Health Division of the Department of Human Resources (1980) or “On November 1, 1978, pursuant to ORS 222.885, petitioners filed with the Health Division a petition, allegedly signed by not less than 51 percent of the registered voters in the territory proposed to be annexed, proposing an alternative plan of city annexation to a sanitary…”

— Or. Rev. Stat. § 222.885(2) — 2 cases

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