Or. Rev. Stat. § 222.897

Study and plan for alleviation of health danger by city; procedure if city fails to act

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222.897 Study and plan for alleviation of health danger by city; procedure if city fails to act. (1) Upon receipt of a certified copy of the findings of the Oregon Health Authority under ORS 222.880, the city council shall cause a study to be made and preliminary plans and specifications developed for the sanitary, water or other facilities necessary to remove or alleviate the conditions causing a danger to public health. The council shall prepare a schedule setting out the steps necessary to put the plan into operation and the time required for each step in the implementation of the plan. A copy of the plans and specifications and the time schedule shall, in the case where the danger to public health is caused by impure or inadequate domestic water, be submitted to the authority and in all other cases to the Environmental Quality Commission.

(2) If the city within 90 days, fails to complete the requirements in subsection (1) of this section, the authority shall conduct the necessary studies and prepare plans and other documents required for the consideration of the proposal and the final determination of the proceedings. The expense of the study and preparation of the plans and other documents shall be paid by the city upon vouchers properly certified by the Director of the Oregon Health Authority. [1975 c.639 §12; 2009 c.595 §189]

Notes of Decisions

Cited in 5 cases, 1980–1998 · leading case: City of Eugene v. Nalven

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City of Eugene v. Nalven (1998) orctapp · cites it 2× “ORS 222.897. [5] The Lane County Code provides: "Local Government Actions.”

West Side Sanitary District v. Land Conservation & Development Commission (1980) or “This legislative decision was not made with regard to land use planning for future growth and development, but it was madé with regard to the fundamental concern for public safety and public health.”

West Side Sanitary District v. Land Conservation & Development Commission (1980) or “On December 8, 1978, pursuant to ORS 222.897, the City submitted to EQC its plans, with specifications and a time schedule, for the construction of facilities to remove or alleviate the conditions causing a danger to public health in the territory proposed to be annexed.”

West Side Sanitary District v. Health Division of the Department of Human Resources (1980) or · cites it 2× “As required by ORS 222.897, the City, on December 8, 1978, submitted to EQC its plans, with specifications and time schedule, for the construction of facilities to alleviate or remove the health hazard in the territory.”

City of Ashland v. Bear Creek Valley Sanitary Authority (1982) orctapp “898 provided: “(1) Within 60 days of receipt of the preliminary plans and other documents submitted as required by ORS 222.897, the appropriate reviewing authority [here, EQC] shall determine whether the conditions dangerous to public health within the territory proposed to be…”

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