Current through Register Vol. 63, No. 3, March 1, 2024
(1) When a
requester seeks to initiate enforcement proceedings against an affected local
government or district, the requester first must notify that government or
district by mailing a copy of the request to it. If the request for enforcement
is directed toward a local government, the requester must notify both the
governing body and the legal counsel of that local government.
(2) The citizen's request shall be in the
form of a letter containing the following information:
(a) The name, address, and telephone number
of the requester;
(b) The name,
address, and telephone number of the attorney, if any, who will represent the
requester;
(c) The name and address
of the affected local government or district;
(d) A clear statement of the requester's
intent to "petition the Land Conservation and Development Commission
for an enforcement order pursuant to ORS
197.319 to
197.335";
(e) The subsection of the statute on which
the petition will be based (ORS
197.320(1) to
ORS 197.320(10) or
ORS 197.646(3));
and
(f) A statement of facts that
establish a basis for seeking enforcement and for invoking the subsection of
ORS 197.320 or ORS
197.646 cited by the
requester.
(3) The
statement of facts required in subsection (2)(f) shall describe five matters:
(a) The specific provisions of the
comprehensive plan, land use regulation, special district cooperative
agreement, urban growth management agreement, goal, rule, or other regulation
or agreement, as described in ORS
197.320(1) to
197.320(10) or
ORS 197.646, with which the affected
local government or district is alleged not to comply;
(b) Any case law or appellate rulings with
which the affected local government or district is alleged not to
comply;
(c) The nature of the
noncompliance alleged in subsection (3)(a);
(d) The lands affected by the noncompliance
alleged in subsection (3)(a); and
(e) The corrective action the requester seeks
from the affected local government or district.
(4) If the requester alleges that a pattern
of noncompliant decisions by the affected local government or district is the
reason for seeking enforcement, the requester's statement of facts also shall
describe the following:
(a) The mode, method,
or instance of decision making that constitutes the pattern;
(b) An estimate of the total number of
decisions that make up the pattern; and
(c) The period within which the decisions
constituting the pattern were made.
(5) If the requester alleges that a practice
of noncompliant decisions by the affected local government or district is the
reason for seeking enforcement, the requester's statement of facts also shall
contain the following:
(a) A detailed
description of two or more decisions that are part of the practice;
(b) Copies of the findings (if any) adopted
by the affected local government or district in support of the decisions
specified in subsection (a);
(c) An
estimate of the total number of decisions that make up the practice;
and
(d) A description of the period
within which the decisions constituting the practice were made.
Stat. Auth.: ORS 183 & ORS 197
Stats. Implemented: ORS
197.319 - ORS
197.335 & ORS
197.646
