Current through Register Vol. 63, No. 9, September 1, 2024
(1) A petition for
enforcement shall be in the form of a letter to the commission and shall
contain these three items:
(a) A request for
the commission to adopt an enforcement order to secure the corrective action
sought in the citizen's initial request to the affected local government or
district;
(b) An explanation of why
the affected local government or district's response to the request is not
adequate, or a statement that the affected local government or district failed
to respond; and
(c) A statement of
consequences likely to result from the affected local government or district's
refusal to take adequate corrective action.
(2) The petition shall be accompanied by
copies of the following documents:
(a) The
request mailed to the affected local government or district;
(b) A receipt or certificate showing how and
when that request was mailed to the affected local government or
district;
(c) The affected local
government or district's response (if any) to the request;
(d) any maps or photographs that illustrate
the type, extent, or location of the alleged noncompliance;
(e) Documentation of the noncompliance
alleged in the request, including but not limited to the following:
(A) Records of noncompliant actions taken by
the affected local government or district, such as approvals, permits,
rezonings, plan amendments, and amendments of land use regulations;
(B) Requirements from 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) and
ORS 197.646, with which the affected
local government or district has not complied.
(3) For each record and requirement cited in
accordance with paragraphs (2)(e)(A) and (2)(e)(B), the documentation must
include copies of the following:
(a) The
document's cover or title page (if any);
(b) The document's table of contents (if
any);
(c) Precise citations to the
relevant provisions; and
(d) The
relevant provisions.
(4)
The requester must mail an identical copy of the petition, including all
documentation, to the affected local government or district. The requester must
mail that copy on the same day it mails its petition to the
commission.
Stat. Auth.: ORS 183 & ORS 197
Stats. Implemented: ORS
197.319 - ORS
197.335 & ORS
197.646
