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) Approval of a
plan other than annexation or extraterritorial extension.
(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
State Ex Rel. Rodriguez v. Gebbie, 614 P.2d 1144 (Or. 1980).
· 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 Dist. v. Health Div. of the Dep't of Human Resources, 614 P.2d 1151 (Or. 1980).
· 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 Dist. v. Health Div. of the Dep't of Human Resources, 601 P.2d 858 (Or. Ct. App. 1979).
· 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 Dist. v. Land Conservation & Dev. Comm'n, 614 P.2d 1141 (Or. 1980).
“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.”
West Side Sanitary Dist. v. Land Conservation & Dev. Comm'n, 614 P.2d 1148 (Or. 1980).
“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 fourth case, West Side Sanitary Dist.”
Pieper v. Health Div., 606 P.2d 1145 (Or. 1980).
“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.”
— Or. Rev. Stat. § 222.885(1) — 2 cases
State Ex Rel. Rodriguez v. Gebbie, 614 P.2d 1144 (Or. 1980).
“” 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 Dist. v. Health Div. of the Dep't of Human Resources, 614 P.2d 1151 (Or. 1980).
“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
State Ex Rel. Rodriguez v. Gebbie, 614 P.2d 1144 (Or. 1980).
“” 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 Dist. v. Health Div. of the Dep't of Human Resources, 614 P.2d 1151 (Or. 1980).
“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…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.