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Oregon Revised Statutes

Or. Rev. Stat. § 223.215 (2026)

Contents of application to pay in installments; computation of installments

✓ current as of May 2026
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      223.215 Contents of application to pay in installments; computation of installments. (1)(a) The installment application shall state that the applicant does thereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings to cause the local improvement for which the final assessment is levied and in the apportionment of the actual cost of the local improvement.

      (b) The application shall provide that the applicant agrees to pay the final assessment over a period of not less than 10 years nor more than 30 years and according to such terms as the governing body of the local government may provide. The governing body may provide that the owner of the assessed property may elect to have the final assessment payable over a period of less than 10 years and according to such terms as the governing body may provide.

      (c) The application shall also provide that the applicant acknowledges and agrees to pay interest at the rate provided by the governing body of the local government on all unpaid assessments, together with an amount, determined by the governing body, sufficient to pay a proportionate part of the cost of administering the bond assessment program and issuing the bonds authorized under ORS 223.235, including but not limited to legal, printing and consultant’s fees.

      (d) The application shall also contain a statement, by lots or blocks, or other convenient description, of the property of the applicant assessed for the improvement.

      (2) In connection with the final assessments for any local improvement, the governing body of the local government may establish a procedure by which an owner of any property to be assessed may irrevocably elect in writing to have the final assessment levied for a number of years less than 10, which shall be determined by the governing body. The written election shall:

      (a) Be signed by the owner or a duly authorized representative of the owner;

      (b) Contain a description of the assessed property and the local improvement for which the assessment is made; and

      (c) Contain a statement by the owner acknowledging that the improvement is a local improvement as described under ORS 223.001 (9), that payment of the final assessment against the properties benefited by the local improvement plus interest may be spread over at least 10 years and that, notwithstanding any provision of law, the owner consents to make payments over a period of less than 10 years and to have the assessment levied on the benefited property accordingly.

      (3) The election under subsection (2) of this section shall be recorded in the bond lien docket for the local improvement to which the assessment relates. From and after the time at which the written election is so recorded, it shall be valid and binding upon all subsequent owners of the property or any part thereof. [Amended by 1957 c.103 §3; 1959 c.653 §2; 1969 c.531 §1; 1971 c.100 §1; 1975 c.320 §1; 1981 c.322 §1; 1985 c.656 §1; 1991 c.902 §11; 2003 c.802 §6]

 

      223.220 [Amended by 1957 c.103 §4; 1957 c.397 §2; 1975 c.642 §2; repealed by 1991 c.902 §121]

Notes of Decisions
Cited in 4 cases, 1961–2003 · leading case: Martin v. City of Tigard, 72 P.3d 619 (Or. 2003).
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Martin v. City of Tigard, 72 P.3d 619 (Or. 2003). · cites it 17× “Here, taxpayers raise facial state and federal constitutional challenges to the statutory waiver requirements of ORS 223.215(1) and former TMC 13.04.070(b)(3)(A) (1996).”
Bechtell v. City of Salem, 358 P.2d 563 (Or. 1961). · cites it 7× “ORS 223.215 provides that the “written application shall state that the applicant and property owner does thereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings to cause said improvement to be constructed or made for which the assessment is…”
Barns v. City of Eugene, 52 P.3d 1094 (Or. Ct. App. 2002). “ORS 223.215(l)(a). In Bechtell v. City of Salem, 226 Or 1, 8-9 , 358 P2d 563 (1961), the Oregon Supreme Court held “without qualification” that the waiver contained in the financing application “forms a contract between the city and the property owner and that the assessed…”
Martin v. City of Tigard, 14 Or. Tax 517 (Or. T.C. 1999). · cites it 3× “ORS 223.215 imposed a waiver requirement for many years before the people enacted section lib.”
— Or. Rev. Stat. § 223.215(1) — 2 cases
Martin v. City of Tigard, 72 P.3d 619 (Or. 2003). “Here, taxpayers raise facial state and federal constitutional challenges to the statutory waiver requirements of ORS 223.215(1) and former TMC 13.04.070(b)(3)(A) (1996).”
Martin v. City of Tigard, 14 Or. Tax 517 (Or. T.C. 1999). “ORS 223.215 imposed a waiver requirement for many years before the people enacted section lib.”
— Or. Rev. Stat. § 223.215(1)(a) — 1 case
Martin v. City of Tigard, 72 P.3d 619 (Or. 2003). “Here, taxpayers raise facial state and federal constitutional challenges to the statutory waiver requirements of ORS 223.215(1) and former TMC 13.04.070(b)(3)(A) (1996).”
— Or. Rev. Stat. § 223.215(l)(a) — 1 case
Barns v. City of Eugene, 52 P.3d 1094 (Or. Ct. App. 2002). “ORS 223.215(l)(a). In Bechtell v. City of Salem, 226 Or 1, 8-9 , 358 P2d 563 (1961), the Oregon Supreme Court held “without qualification” that the waiver contained in the financing application “forms a contract between the city and the property owner and that the assessed…”
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