to 222.915, that a danger to public health exists because of conditions

222.840 to 222.915, that a danger to public health exists because of conditions within the territory and that such conditions can be removed or alleviated by sanitary, water or other facilities ordinarily provided by incorporated cities. [1967 c.624 �2; 1973 c.637 �2; 1975 c.639 �2; 1981 c.888 �7]

����� 222.860 Proposal for annexation. (1) The city council of any city shall adopt a resolution containing a proposal for annexation without vote or consent in the affected territory. The proposal may contain terms of annexation as provided in ORS 222.111 and shall:

����� (a) Describe the boundaries of the affected territory; and

����� (b) Describe the conditions alleged to be causing a danger to public health.

����� (2) The governing body of any district having jurisdiction over the affected territory may adopt a resolution containing a proposal for annexation to the city without vote or consent in the affected territory. The proposal shall:

����� (a) Describe the boundaries of the affected territory; and

����� (b) Describe the conditions alleged to be causing a danger to public health.

����� (3) The local board of health having jurisdiction shall verify the conditions alleged in the proposal to be causing a danger to public health, based upon its knowledge of those conditions.

����� (4) The council or governing body shall cause a certified copy of the resolution together with verification by the local board of health having jurisdiction, to be forwarded to the Oregon Health Authority and request the authority to ascertain whether conditions dangerous to public health exist in the affected territory. [1967 c.624 �3; 1973 c.637 �3; 1975 c.639 �3; 1981 c.888 �8; 1983 c.407 �5; 2009 c.595 �182]

����� 222.865 [1967 c.624 �4; 1973 c.637 �4; repealed by 1975 c.639 �18]

����� 222.870 Hearing in affected territory; notice. (1) Upon receipt of the certified copy of the resolution, and verification by the local board of health having jurisdiction, the Oregon Health Authority shall review and investigate conditions in the affected territory. If it finds substantial evidence that a danger to public health exists in the territory, it shall issue an order for a hearing to be held within the affected territory, or at a place near the affected territory if there is no suitable place within that territory at which to hold the hearing, not sooner than 30 days from the date of the order.

����� (2) Upon issuance of an order for a hearing, the authority shall immediately give notice of the resolution and order by publishing them in a newspaper of general circulation within the city and the affected territory once each week for two successive weeks and by posting copies of the order in four public places within the affected territory. [1973 c.624 �6; 1973 c.637 �5; 1975 c.639 �4; 1983 c.407 �6; 2009 c.595 �183]

����� 222.875 Purpose and conduct of hearing; written findings of fact; rules. (1) The hearing shall be for the sole purpose of determining whether a danger to public health exists due to conditions in the affected territory. It may be conducted by one or more members of the staff of the Oregon Health Authority to whom authority to conduct such a hearing is delegated. It shall proceed in accordance with rules which may be established by the authority. Any person who may be affected by the finding, including residents of the city, may be heard. Within 60 days following the hearing, the person conducting the hearing shall prepare and submit to the authority written findings of fact and recommendations based thereon. The authority shall publish a notice of the issuance of such findings and recommendations in the newspaper utilized for the notice of hearing under ORS 222.870, advising of the opportunity for presentation of a petition under subsection (2) of this section.

����� (2) Within 15 days after the publication of notice of issuance of findings in accordance with subsection (1) of this section any person who may be affected by the findings, including residents of the city, or the affected city, may petition the Director of the Oregon Health Authority according to rules of the authority to present written or oral arguments on the proposal. If a petition is received the director may set a time and place for receipt of argument. [1967 c.624 �7; 1973 c.637 �6; 1975 c.639 �5; 1983 c.407 �7; 2009 c.595 �184]

����� 222.880 Oregon Health Authority order or finding; hearing upon petition; alteration of boundaries; tax differential. (1) Within 30 days following the final hearing of any arguments received by petition under the provisions of ORS 222.875 (2) the Director of the Oregon Health Authority shall review the arguments and the findings and recommendations of the person conducting the hearing as provided in ORS 222.875 (2). If the director finds no danger to public health exists because of conditions within the affected territory, the director shall issue an order terminating the proceedings under ORS 222.840 to 222.915 with reference to the affected territory.

����� (2) If the director finds that a danger to public health exists because of conditions within the affected territory, the director shall file a certified copy of findings with the city and, except where the condition causing the danger to public health is impure or inadequate domestic water, with the Environmental Quality Commission.

����� (3) If the director determines that a danger to public health exists because of conditions within only part of the affected territory, the director may, upon petition and hearing, reduce the boundaries of the affected territory to that part of the territory that presents a danger if the area to be excluded would not be surrounded by the affected territory remaining to be annexed and would not be directly served by the sanitary, water or other facilities necessary to remove or alleviate the danger to public health existing within the affected territory remaining to be annexed. The findings shall describe the boundaries of the affected territory as reduced by the director. The director shall file a certified copy of findings with the city and, except where the condition causing the danger to public health is impure or inadequate domestic water, the commission.

����� (4) In determining whether to exclude any area the director may consider whether or not such exclusion would unduly interfere with the removal or alleviation of the danger to public health in the affected territory remaining to be annexed and whether the exclusion would result in an illogical boundary for the extension of services normally provided by an incorporated city.

����� (5) The city shall, when requested, aid in the determinations made under subsections (3) and (4) of this section and, if necessary, cause a study to be made.

����� (6) Notwithstanding ORS 222.111 (3), the director, in implementing an order under ORS 222.840 to 222.915, may allow the use of the tax differential authorized by ORS 222.111 (3) for a period not exceeding 15 years with the consent of the affected city. [1967 c.624 �8; 1973 c.637 �7; 1975 c.639 �6; 1983 c.407 �8; 1989 c.780 �1; 2009 c.595 �185]

����� 222.883 Stay of proceedings by Oregon Health Authority; purpose; limit. At any time after the Director of the Oregon Health Authority under ORS 222.880 finds that conditions dangerous to public health exist, the Oregon Health Authority may order further proceedings on the findings filed under ORS 222.880 halted in order to allow a city, district or persons affected by the findings to develop and propose an alternative plan to annexation for the removal or alleviation of the conditions dangerous to public health. Proceedings may be stayed under this section for not longer than 30 days. [1983 c.407 �3; 2009 c.595 �186]

����� 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]

����� 222.890 Review of alternative plan. (1) An alternative plan proposed pursuant to ORS 222.885 shall be reviewed by the Oregon Health Authority in cases where danger to public health is caused by impure or inadequate domestic water and in all other cases by the Environmental Quality Commission. The plan shall be approved or rejected by the authority or commission. In reviewing the alternative plan contained in the petition, the authority or commission shall consider whether, in its judgment, the plan contains a preferable alternative for the alleviation or removal of the conditions dangerous to public health.

����� (2)(a) With respect to an alternative plan proposed in a petition filed under ORS 222.885 (1), if the authority or commission determines that annexation to the city provides the best and most expeditious method of removing or alleviating the dangerous conditions, the alternative plan shall be rejected and further proceedings on the finding filed under ORS 222.880 shall resume.

����� (b) With respect to an alternative plan proposed in a resolution filed under ORS 222.885 (2), if the authority or commission determines that annexation to the city provides the best, most expeditious and most cost-effective method of removing or alleviating the dangerous conditions, the alternative plan shall be rejected and further proceedings on the finding filed under ORS 222.880 shall resume.

����� (3) If the authority or commission finds that the alternative plan provides a preferable method of alleviating or removing the dangerous conditions, the petitioners or appropriate governing body shall have six months within which to present to the authority or commission information showing:

����� (a) That the territory in which the conditions dangerous to public health exist:

����� (A) Has received approval for the extension of a city�s or district�s sewer or water lines within the territory or has annexed to a district authorized by law to provide facilities necessary to remove or alleviate the dangerous conditions, and that financing of the facilities for extension of such facilities to the territory has been assured; or

����� (B) Has taken substantial steps to implement the alternative plan.

����� (b) Detailed plans and specifications for the construction of any proposed facilities.

����� (c) A time schedule for the construction of any proposed facilities.

����� (d) That proposed facilities, if constructed, will remove or alleviate the conditions dangerous to public health in a manner as satisfactory and expeditious as would be accomplished by the proposed annexation to the city.

����� (4)(a) The authority or commission shall review the final plan proposed by the petitioners, city or district and shall promptly certify whether the requirements of subsection (3) of this section have been met.

����� (b) If the requirements have been met, the authority shall certify the alternative plan. Further annexation proceedings on the findings filed under ORS 222.880 shall be suspended and the city shall be so notified.

����� (c) If the requirements of subsection (3) of this section have not been met or whenever the authority or commission determines that the requirements of the certified plan are not being satisfied, further proceedings on the findings filed under ORS 222.880 shall resume. [1967 c.624 �8a (3), (4), (5); 1973 c.637 �9; 1975 c.639 �8; 1983 c.407 �10; 2009 c.595 �188; 2015 c.281 �2]

����� 222.895 [1967 c.624 �9; 1973 c.637 �10; repealed by 1975 c.639 �9 (222.896 enacted in lieu of 222.895)]

����� 222.896 Judicial review. Judicial review of final orders under ORS 222.840 to 222.915 shall be as provided in ORS 183.480 to 183.500 for judicial review of contested cases. [1975 c.639 �10 (enacted in lieu of 222.895)]

����� 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]

����� 222.898 Determination if health danger can be alleviated; approval of plans; notice to city. (1) Within 60 days of receipt of the preliminary plans and other documents submitted as required by ORS 222.897, the appropriate reviewing authority shall determine whether the conditions dangerous to public health within the territory proposed to be annexed can be removed or alleviated by the sanitary, water or other facilities proposed by the plans and specifications.

����� (2) If such authority considers the proposed facilities and the time schedule for installation of such facilities adequate to remove or alleviate the dangerous conditions, it shall approve the proposal and certify its approval to the city.

����� (3) If the authority considers the proposed facilities or time schedule inadequate, it shall disapprove the proposal and certify its disapproval to the city including the particular matters causing the disapproval. The city council shall then submit an additional or revised proposal.

����� (4) In the event the authority upon review of the plans and other documents submitted under subsection (1) of this section determines that the danger to public health in the area proposed to be annexed cannot be removed or alleviated by sanitary, water or other facilities ordinarily provided by incorporated cities it shall terminate the proceedings upon the proposal and notify the city. [1975 c.639 �13]

����� 222.900 City to adopt ordinance. (1) Subject to subsection (2) of this section, upon receipt of the certified copy of the finding as provided in ORS 222.880 (2) or (3) and certification of approval of plans under ORS 222.898, the city council shall adopt an ordinance which shall:

����� (a) Contain the legal description of the territory annexed;

����� (b) Contain the terms of the annexation, if any, made under ORS 222.111;

����� (c) Adopt the plans, specifications and time schedule as approved by the Oregon Health Authority or Environmental Quality Commission; and

����� (d) Declare the territory annexed to the city in accordance with ORS 222.840 to 222.915.

����� (2) An ordinance shall not be enacted as provided in subsection (1) of this section until the expiration of the time for appeal under the provisions of ORS 222.896 and, in the event an appeal is filed, following the determination of that appeal.

����� (3) If the authority makes its finding under ORS 222.880 (3), the city shall not annex a greater area than that described in the finding. The recorder, or other officer performing the duties of the recorder, shall transmit a transcript to the Secretary of State, including certified copies of the resolution required in ORS 222.860, the finding of the Director of the Oregon Health Authority, and the ordinance proclaiming annexation of the territory.

����� (4) If the city council adopts the ordinance of annexation as provided in subsection (1) of this section, it shall within one year thereafter prepare plans and specifications for the sanitary, water or other facilities proposed to be provided in the annexed area, in compliance with ORS 448.115 to 448.285 or