221.230. [Amended by 1967 c.283 �5; 1979 c.316 �13; 1983 c.350 �48; 1985 c.808 �73; 1995 c.79 �83; 1995 c.534 �13; 1997 c.541 �358b] ����� 222.660 [Repealed by 1983 c.350 �331a] ����� 222.670

221.230. [Amended by 1967 c.283 �5; 1979 c.316 �13; 1983 c.350 �48; 1985 c.808 �73; 1995 c.79 �83; 1995 c.534 �13; 1997 c.541 �358b]

����� 222.660 [Repealed by 1983 c.350 �331a]

����� 222.670 [Amended by 1979 c.317 �6; repealed by 1983 c.350 �331a]

����� 222.680 Effective date of merger. If the two cities affected vote affirmatively on the question of merger upon the same day, the merger of the two cities shall become effective 30 days after the date on which the elections were held. If the question is affirmatively voted upon at elections held on different dates in the two cities, the merger shall become effective 30 days after the last election is held. [Amended by 1983 c.350 �49]

����� 222.690 Effect of merger on rights, liabilities and jurisdiction of the merged cities. On the date the surrender and merger become effective under ORS 222.680, without any further or formal action, all rights and property, both real and personal, then vested in or belonging to the city which voted to surrender its charter, including all parks, public grounds, buildings and improvements and all rights or property in public streets or highways and also including all other rights and property vested in or belonging to the city of any nature whatever whether of the same or similar general nature as those expressly mentioned or differing therefrom in kind, nature, degree or otherwise, shall thereupon be rights and property of the city into which it is merged. However, all county roads lying within the limits of the merged city which have not been laid out or accepted as streets, shall remain county roads until they are laid out or accepted as streets. All debts and liabilities and obligations of the city surrendering its charter shall thereupon be liabilities of the city into which it is merged and the last named city shall thereupon assume all liabilities of the city surrendering its charter. All valid claims against the city surrendering its charter shall thereafter be valid claims against the city into which it is merged. The inhabitants of the city surrendering its charter shall become subject in all respects to the jurisdiction of the authorities of the city into which it is merged. The jurisdiction of any public authority exercised theretofore in the city surrendering its charter, so far as it is in conflict with the corporate authority of the city in which it is merged, shall cease and the city surrendering its charter shall lose its corporate identity entirely. [Amended by 1983 c.350 �50]

����� 222.700 Effect of merger on pending actions and proceedings; street work proceedings. (1) The merger shall not affect any suits, actions or proceedings pending in any court in which the city surrendering its charter is a party, but all such suits, actions and proceedings shall be defended or prosecuted to termination by the city into which it is merged. All suits, actions and proceedings pending in the municipal court of the city surrendering its charter shall be transferred to the municipal court of the city into which it is merged.

����� (2) The merger shall not affect any proceedings for the opening, widening or extension of any street or for any street improvement or sewer pending at the time of the election in the merged city, but the proceedings shall be continued and all provisions of the charter and ordinances of the merged city shall remain in effect so far as they may affect any matter set out in this section. [Amended by 1983 c.350 �5; 1999 c.788 �55]

����� 222.710 Return statements filed with county recording officer. If any two cities vote to merge under ORS 222.610 to 222.710, the officer having charge and custody of the records of the city into which the city surrendering its charter is merged, on or before the date on which the merger becomes effective, shall file for record with the officer of the county in which the city is located having charge and custody of the deed records of the county, certified copies of the written statements of returns of the election in the two cities. The county officers shall enter the statements of returns of record in the deed records of the county. [Amended by 1983 c.350 �52]

����� 222.720 [Repealed by 1983 c.350 �331a]

����� 222.750 Annexation of unincorporated territory surrounded by city; delayed annexation for certain property. (1) As used in this section:

����� (a) �Creek� means a natural course of water that is smaller than, and often tributary to, a river, but is not shallow or intermittent.

����� (b) �River� means a large, continuous and natural stream of water that is fed along its course by converging tributaries and empties into an ocean, lake or other body of water.

����� (2) When territory not within a city is surrounded by the corporate boundaries of the city, or by the corporate boundaries of the city and the corporate boundaries of another city, the ocean shore, a river, a creek, a bay, a lake or Interstate Highway 5, the city may annex the territory pursuant to this section after holding at least one public hearing on the question for which notice has been mailed to each record owner of real property in the territory proposed to be annexed.

����� (3) This section does not apply if the territory not within a city:

����� (a) Is surrounded entirely by water; or

����� (b) Is surrounded as provided in subsection (2) of this section, but a portion of the corporate boundaries of the city that consists only of a public right of way, other than Interstate Highway 5, constitutes more than 25 percent of the perimeter of the territory.

����� (4) Unless otherwise required by the city charter, annexation by a city under this section must be by ordinance or resolution subject to referendum, with or without the consent of any owner of real property within the territory or resident in the territory.

����� (5) For property that is zoned to allow residential use as a permitted use in the zone and is in residential use when annexation is initiated by the city under this section, the city shall specify an effective date for the annexation that is at least three years and not more than 10 years after the date the city proclaims the annexation approved. The city recorder or other officer performing the duties of the city recorder shall:

����� (a) Cause notice of the delayed annexation to be recorded by the county clerk of the county in which any part of the territory subject to delayed annexation is located within 60 days after the city proclaims the annexation approved; and

����� (b) Notify the county clerk of each county in which any part of the territory subject to delayed annexation is located not sooner than 120 days and not later than 90 days before the annexation takes effect.

����� (6) Notwithstanding subsection (5) of this section:

����� (a) Property that is subject to delayed annexation becomes part of the city immediately upon transfer of ownership.

����� (b) The record owner of real property described in subsection (5) of this section that is located in the territory to be annexed may waive the delay of the effective date of the annexation provided under subsection (5) of this section. The property becomes part of the city immediately upon the waiver.

����� (7) This section does not limit provisions of a city charter, ordinance or resolution that are more restrictive than the provisions of this section for creating or annexing territory that is surrounded as described in subsection (2) of this section.

����� (8) If a city charter, ordinance or resolution requires the city to conduct an election in the city, the city shall allow electors, if any, in the territory proposed to be annexed to vote in the election on the question of annexation. If the governing body of the city finds that a majority of the votes cast in the city and the territory combined favor annexation, the governing body, by ordinance or resolution, shall proclaim the annexation approved. The proclamation shall contain a legal description of each territory annexed. [Amended by 1963 c.444 �1; 1985 c.702 �16; 2007 c.654 �1; 2007 c.706 �1; 2019 c.197 �1; 2019 c.315 �3]

����� 222.810 [Amended by 1953 c.562 �2; repealed by 1969 c.49 �1]

����� 222.820 [Repealed by 1969 c.49 �1]

����� 222.830 [Repealed by 1969 c.49 �1]

HEALTH HAZARD ABATEMENT

����� 222.840 Short title. ORS 222.840 to 222.915 shall be known and may be cited as the Health Hazard Abatement Law. [1983 c.407 �2]

����� 222.850 Definitions for ORS 222.840 to 222.915. As used in ORS 222.840 to 222.915, unless the context requires otherwise:

����� (1) �Affected territory� means an area within the urban growth boundary of a city and which is otherwise eligible for annexation to that city and in which there exists an actual or alleged danger to public health.

����� (2) �Authority� means the Oregon Health Authority.

����� (3) �City council� means the legislative body of a city.

����� (4) �Commission� means the Environmental Quality Commission.

����� (5) �Danger to public health� means a condition which is conducive to the propagation of communicable or contagious disease-producing organisms and which presents a reasonably clear possibility that the public generally is being exposed to disease-caused physical suffering or illness, including a condition such as:

����� (a) Impure or inadequate domestic water.

����� (b) Inadequate installations for the disposal or treatment of sewage, garbage or other contaminated or putrefying waste.

����� (c) Inadequate improvements for drainage of surface water and other fluid substances.

����� (6) �Director� means the Director of the Oregon Health Authority.

����� (7) �District� means any one of the following:

����� (a) A metropolitan service district formed under ORS chapter 268.

����� (b) A county service district formed under ORS chapter 451.

����� (c) A sanitary district formed under ORS 450.005 to 450.245.

����� (d) A sanitary authority, water authority or joint water and sanitary authority formed under ORS 450.600 to 450.989.

����� (e) A domestic water supply district formed under ORS chapter 264.

����� (8) �Local board of health� means a local public health authority, as defined in ORS 431.003. [1967 c.624 �1; 1973 c.637 �1; 1975 c.639 �1; 1983 c.407 �4; 1993 c.577 �17; 2001 c.900 �238; 2009 c.595 �181; 2015 c.736 �54]

����� 222.855 Annexation to remove danger to public health. In addition to the procedures authorized in ORS 222.010 to 222.750, territory otherwise eligible for annexation in accordance with ORS 222.111 which is within the urban growth boundary of a city may be annexed by passage of an ordinance as provided in ORS 222.900 without any vote in such territory or any consent by the owners of land therein if it is found, as provided in ORS