ORS Chapter 451 - Oregon Statutes

Chapter 451 — CountyService Facilities

 

2009 EDITION

 

 

COUNTYSERVICE FACILITIES

 

PUBLICHEALTH AND SAFETY

 

GENERALPROVISIONS

 

451.010     Facilitiesand services provided by service districts

 

MASTERPLANS

 

451.110     Definitionsfor ORS 451.110 to 451.140

 

451.120     Masterplans for development of service facilities

 

451.130     Conformityto master plan; approval

 

451.140     Powersof county court under ORS 451.110 to 451.140

 

SERVICEDISTRICTS

 

451.410     Definitionsfor ORS 451.410 to 451.610

 

451.420     Districtmay construct and operate service facilities

 

451.435     Lawgoverning district formation or change

 

451.440     Plansfor service facilities

 

451.445     Formationof district upon finding of health hazard; financing

 

451.472     Districtto construct only authorized service facilities; additional authorizations;requirements for provision of drainage works

 

451.485     Governingbody of district; order preliminary to construction work

 

451.487     Referendumon order; election; results

 

451.490     Methodsof financing service facilities

 

451.492     Financingportion of connection charges; lien

 

451.495     Ordinancegoverning certain assessments

 

451.500     Chargesand fees for financing service facilities

 

451.510     Collectionof service charges

 

451.520     Assessmentsto be entered on lien docket; foreclosure for failure to pay; reassessments

 

451.540     Taxlevy for financing service facilities; hearing

 

451.542     Filingboundary change with county assessor and Department of Revenue

 

451.545     Bondissue for financing service facilities

 

451.547     Taxlevies authorized

 

451.550     Powersof district under ORS 451.410 to 451.610

 

451.555     Districtsformed to provide comprehensive planning services; adoption of land use plans;advisory committees

 

451.560     Agreementsfor cooperative financing of service facilities or for use, lease or jointoperation of service facilities

 

451.568     Publictransportation facilities and services of district exempt from certainregulations

 

451.570     Regulationsfor sewage disposal, solid waste disposal, street cleaning and other authorizedpurposes

 

451.572     Certainspecial districts excluded from water supply county service districts

 

451.573     Definitionsfor ORS 451.573 to 451.577

 

451.575     Excludingor including special districts from or in county service districts

 

451.577     Dissolutionof special district; service district to succeed

 

451.580     Dispositionof moneys received under ORS 451.410 to 451.610

 

451.585     Dutyof city when all or part of district annexed or incorporated

 

451.590     Entryupon privately owned lands to survey or lay out service facilities

 

451.600     Restrictionson altering, repairing or connecting with a service facility

 

451.605     Formationof district for emergency reporting system

 

451.610     Advisorycommittee for emergency reporting

 

451.620     Proceduresfor district formed subject to dissolution

 

PENALTIES

 

451.990     Penalties

 

GENERALPROVISIONS

 

      451.010Facilities and services provided by service districts. (1) Masterplans and service districts may be established as provided by this chapterregarding:

      (a)Sewage works, including all facilities necessary for collecting, pumping,treating and disposing of sanitary or storm sewage.

      (b)Drainage works, including all facilities necessary for collecting, pumping anddisposing of storm and surface water.

      (c)Street lighting works, including all facilities necessary for the lighting ofstreets and highways.

      (d)Public parks and recreation facilities, including land, structures, equipment,supplies and personnel necessary to acquire, develop and maintain such publicpark and recreation facilities and to administer a program of supervisedrecreation services.

      (e)Diking and flood control works, including all facilities necessary for dikingand control of watercourses.

      (f)Water supply works and service, including all facilities necessary for tappingnatural sources of domestic and industrial water, treating and protecting thequality of the water and transmitting it to the point of sale to any person,city, domestic water supply corporation or other public or private agency fordomestic, municipal and industrial water supply service.

      (g)Solid waste disposal. This paragraph does not apply in Clackamas, Multnomah andWashington Counties.

      (h)Public transportation, including public depots, public parking and the motorvehicles and other equipment necessary for the transportation of personstogether with their personal property.

      (i)Agricultural educational extension services.

      (j)Emergency medical services, including ambulance services.

      (k)Library services.

      (L)Roads.

      (m)Emergency communications services, including a 9-1-1 emergency reporting systemestablished under ORS 403.115.

      (n)Law enforcement services.

      (o)Human services.

      (p)Cemetery maintenance.

      (q)Animal control.

      (2)Within the geographical jurisdiction of any local government boundarycommission established by or pursuant to ORS 199.410 to 199.519, in addition tothe purposes described in subsection (1) of this section, master plans andservice districts may be established as provided by this chapter regarding:

      (a)Fire prevention and protection.

      (b)Hospital and ambulance services.

      (c)Vector control.

      (d)Weather modification.

      (3)Within the boundaries of any subdivision, service districts may be establishedas provided by this chapter regarding:

      (a)Fire prevention and protection.

      (b)Security services provided by contract with an association of homeowners whoseproperty is located entirely within the boundaries of the service district,which services may include the enforcement of the rules or regulations of theassociation dealing with public access to or the use of the property of theassociation, routine patrolling and inspection of private areas located withinthe jurisdiction of the association and matters of traffic and safety withinsuch areas.

      (c)Law enforcement services.

      (d)Hospital and ambulance services.

      (e)Vector control.

      (f)Activities set forth in subsection (1)(a), (f), (g), (j) and (m) of thissection.

      (4)As used in subsection (3) of this section, “subdivision” means a subdivision asdefined by ORS 92.010 or any contiguous group of such subdivisions that:

      (a)Is a planned community within the meaning of ORS 94.550 without regard towhether such subdivision or group of subdivisions is subject to ORS 94.550 to94.783;

      (b)Is located entirely within an unincorporated area and is everywhere separatedby a distance of five miles or more from an urban growth boundary described inan acknowledged comprehensive plan of a city or the urban growth boundaryadopted by a metropolitan service district under ORS 268.390 (3); and

      (c)Prior to the establishment of a service district under subsection (3) of thissection, is designated a subdivision for purposes of this subsection by thegoverning body of the county in which the subdivision or group of subdivisionsis located.

      (5)Within the boundaries of Washington County, master plans and service districtsmay be established as provided by this chapter regarding water resourcemanagement services that affect the quality and quantity of water within a singlewatershed, basin or planning area. As used in this subsection, “water resourcemanagement services” means:

      (a)Planning for and provision of two or more services or facilities such as sewageworks, drainage works, surface water management, endangered species recoverymanagement, water quality management, diking and flood control works, riverflow management, water supply works, wastewater reuse and irrigationfacilities.

      (b)Activities ancillary to the services and facilities listed in paragraph (a) ofthis subsection, including facilities for the production, sale or purchase ofenergy when such facilities are integrated in a master plan adopted under ORS451.120. [1963 c.515 §2; 1965 c.246 §1; 1967 c.538 §1; 1971 c.674 §1; 1971c.687 §1; 1973 c.211 §1; 1973 c.785 §1; 1975 c.630 §1; 1977 c.60 §1; 1977 c.287§1; 1979 c.221 §1; 1985 c.472 §1; 1987 c.525 §1; 1989 c.668 §1; 1989 c.793 §24;1995 c.303 §2; 1999 c.166 §1; 1999 c.677 §66; 1999 c.759 §1; 2005 c.101 §1;2005 c.510 §1]

 

MASTERPLANS

 

      451.110Definitions for ORS 451.110 to 451.140. As used in ORS 451.110 to 451.140,unless the context indicates otherwise:

      (1)“County court” includes the board of county commissioners.

      (2)“Service facilities” means public service installations, works or servicesprovided within a county for any or all of the purposes specified in ORS451.010. [1955 c.509 §1; 1963 c.515 §3; 1967 c.249 §1; 1973 c.785 §2]

 

      451.120Master plans for development of service facilities. (1) The countycourt of any county may, for the protection of the health, safety and generalwelfare, prepare and adopt coordinated master plans for the development ofservice facilities:

      (a)To serve unincorporated areas in the county; and

      (b)For a service district established under ORS 451.410 to 451.600 and for whichthe county court serves as governing body, to serve all areas within or servedby the district.

      (2)Master plans adopted under this section shall be coordinated with thecomprehensive plans of the affected cities and counties. [1955 c.509 §2; 1961c.576 §1; 1963 c.515 §4; 1973 c.785 §3; 1989 c.429 §1]

 

      451.130Conformity to master plan; approval. After a coordinated master plan hasbeen adopted under ORS 451.120, the county court may enforce such plan byrequiring that plans for the installation or operation of service facilities inareas under county jurisdiction outside the boundaries of cities or in areaswithin or served by a service district be submitted to the county court forapproval, and that such installation or operation shall conform to the masterplan. [1955 c.509 §3; 1961 c.576 §2; 1963 c.515 §5; 1969 c.646 §1; 1989 c.429 §2]

 

      451.140Powers of county court under ORS 451.110 to 451.140. In carrying outthe powers granted to the county court under ORS 451.110 to 451.140, the countycourt may:

      (1)Conduct such surveys and investigations as may be necessary to developcoordinated master plans as provided in ORS 451.120.

      (2)Provide for the administration and enforcement of such master plans byengineering analysis, inspection or other appropriate means.

      (3)Enter into contracts or agreements with cities, other counties or countyservice districts for public transportation, the federal government, stateagencies, the special districts enumerated in ORS 451.573 or any person orprivate corporation for a period not to exceed 30 years for the cooperativefinancing of the preparation and enforcement of coordinated master plans asprovided in ORS 451.120 and 451.130.

      (4)Levy and collect taxes for the purpose of providing funds to prepare andenforce coordinated master plans as provided in ORS 451.120 and 451.130.

      (5)Expend funds for such surveys, investigations and studies as may be necessaryfor the preparation and enforcement of such master plans. [1955 c.509 §4; 1961c.576 §3; 1963 c.515 §6; 1973 c.211 §2; 1973 c.785 §4]

 

SERVICEDISTRICTS

 

      451.410Definitions for ORS 451.410 to 451.610. As used in ORS 451.410 to 451.610,unless the context indicates otherwise:

      (1)“Change of organization” has the meaning given that term in ORS 198.705.

      (2)“County” has the meaning given that term in ORS 198.705.

      (3)“County court” includes the board of county commissioners.

      (4)“District” means a county service district established under ORS 451.410 to451.610 to provide service facilities in a county or counties.

      (5)“Formation” has the meaning given that term in ORS 198.705.

      (6)“Owner” means the record owner of real property or the holder of a dulyrecorded contract for purchase of real property within the district.

      (7)“Service facilities” means public service installations, works or servicesprovided within a county or counties for any or all of the purposes specifiedin ORS 451.010. [1955 c.685 §1; 1961 c.576 §4; 1963 c.515 §7; 1967 c.538 §2;1973 c.785 §5; 1975 c.630 §2; 2003 c.14 §274; 2003 c.802 §123]

 

      451.420District may construct and operate service facilities. When authorizedas provided in ORS 451.410 to 451.610 a district may construct, maintain andoperate any or all of the service facilities specified in ORS 451.010. [1955c.685 §2; 1963 c.515 §8; 1973 c.785 §6]

 

      451.430 [1955 c.685 §3;1961 c.576 §5; 1963 c.515 §9; 1967 c.249 §2; 1969 c.646 §2; 1971 c.291 §4; 1971c.727 §129; repealed by 1973 c.785 §32]

 

      451.435Law governing district formation or change. (1) All district formation andchange of organization proceedings shall be initiated, conducted and completedas provided by ORS 198.705 to 198.955. Except for an order allowing an existingdistrict established to provide sewage works to also provide drainage works, nocounty or portion thereof shall be included within a district which is toprovide services in more than one county without the consent of the governingbody of the affected county.

      (2)In the case of sewage works, upon certification to the county court by theEnvironmental Quality Commission or the county health officer that an emergencyexists the county court shall initiate the formation of a district in themanner specified in ORS 198.835, or annexation to an existing district in themanner specified in ORS 198.850 (3), whichever is most appropriate.

      (3)A petition or order initiating the formation or change or organization of adistrict shall, in addition to the requirement specified by ORS 198.705 to198.955, state which of the service facilities specified by ORS 451.010 thedistrict shall be authorized to construct, maintain and operate.

      (4)A final order in a formation or change of organization proceeding of a districtshall, in addition to the requirements specified by ORS 198.705 to 198.955,state which of the service facilities specified by ORS 451.010 the districtshall be authorized to construct, maintain and operate. [1973 c.785 §8; 1975c.630 §3; 1989 c.374 §3]

 

      451.440Plans for service facilities. (1) Prior to initiation of theformation of a district, the county court may cause engineering and programplans to be prepared. The plans may include:

      (a)Preliminary plans for the service facilities to be constructed or provided.

      (b)Estimated costs of construction, maintenance and operation.

      (c)Recommendations as to boundaries of the district.

      (d)Recommendations as to use of any portion of the proposed service facilities forareas in the county outside the district at some future date and the portion ofthe cost of such works which should be borne by such areas when use is made ofany portion of the facilities.

      (e)Recommendations as to the extent to which the proposed service facilities maybe integrated into other service facilities constructed or being constructed byother districts under ORS 451.410 to 451.610 or by other public agencies andthe fair and equitable amount of the cost of construction of such otherfacilities the district should bear.

      (2)If a district is formed or granted authority to provide additional types ofservice facilities, the county court may require the district to reimburse thecounty for the cost of engineering and program plans prepared in accordancewith this section. [1955 c.685 §4; 1961 c.576 §6; 1963 c.515 §10; 1971 c.291 §5;1971 c.727 §130; 1973 c.785 §9; 1989 c.374 §4]

 

      451.445Formation of district upon finding of health hazard; financing. (1) Whencertified copy of the findings of the Director of the Oregon Health Authorityis filed with the county court as provided by ORS 431.740 or 431.750, the countycourt shall, subject to ORS 198.792, proceed to form the district to providethe facilities described in the findings and shall enter an order in accordancewith ORS 451.485.

      (2)The county court shall, within one year after making its order under ORS451.485, prepare plans and specifications for the service facilities proposedto be provided within the district and proceed in accordance with the timeschedule to construct or install the facilities.

      (3)Notwithstandin