Oregon Chapter 223
Chapter 223 — Local Improvements and Works GenerallyDownload Full 2005 Oregon Revised Statutes (coming soon!)
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Chapter 223 —
Local Improvements and Works Generally
2007 EDITION
LOCAL IMPROVEMENTS AND WORKS GENERALLY
CITIES
GENERAL PROVISIONS
223.001 Definitions
CONDEMNATION FOR CITY IMPROVEMENTS; SPECIAL
PROCEDURE
223.005 Condemnation
for public use within and without city limits
223.010 Right
of city to enter upon, survey, examine and select property to be condemned
223.015 Manner
of condemnation; compensation
223.020 Scope
of condemnation
MUNICIPAL CONDEMNATION PROCEEDINGS
223.105 Proceedings
to condemn property for city improvements when owner and city disagree on price
ECONOMIC IMPROVEMENT DISTRICTS
223.112 Definitions
for ORS 223.112 to 223.132
223.114 Economic
improvement; assessment ordinance
223.117 Requirements
of assessment ordinance
223.118 Remonstrance
against assessment; exclusion of property
223.119 Advisory
committee; functions
223.122 Effect
of urban renewal districts or local improvement districts
223.124 Extension
of assessment period
223.127 Application
of certain assessment statutes to economic improvement districts
223.129 Expenditure
of assessment revenues; liability for unauthorized expenditures
223.132 Formation
of economic improvement districts as additional power of cities
223.141 Definitions
for ORS 223.141 to 223.161
223.144 Economic
improvement district; business license ordinance
223.147 Requirements
of business license fee ordinance
223.151 Advisory
committee; functions
223.154 Extension
of business licensing period
223.157 Expenditure
of business license revenues; liability for unauthorized expenditures
223.161 Effect
of urban renewal districts or local improvement districts
FINANCING LOCAL IMPROVEMENTS (BANCROFT
BONDING ACT)
223.205 Scope
and application; validation of bond issues by cities of 100,000 or more
223.207 Purpose
of ORS 223.208
223.208 System
development and connection charges of local government subject to Bancroft Act
223.210 Right
of property owners to apply for installment payment of assessment
223.212 Right
of educational, religious, fraternal or charitable organizations and public
corporations to bond the assessment
223.215 Contents
of application to pay in installments; computation of installments
223.225 Record
of application to be kept
223.230 Lien
docket; interest; priority; public access
223.235 Issuance
of bonds; limitations
223.245 Budget
to include bond payments
223.260
223.262 Assessment
contracts; transfer of contract rights by local government; use of proceeds
223.265 Payment
of installments; due dates
223.270 Procedure
for collection on default
223.275 Notice
to pay; receipts and entries on lien docket
223.280 Right
of owner to prepay balance and discharge lien
223.285 Separate
funds kept for moneys received; investments authorized
223.290 Payments
entered on lien docket; lien discharge
223.295 Limit
on city indebtedness
SYSTEM DEVELOPMENT CHARGES
223.297 Policy
223.299 Definitions
for ORS 223.297 to 223.314
223.301 Certain
system development charges and methodologies prohibited
223.302 System
development charges; use of revenues; review procedures
223.304 Determination
of amount of system development charges; methodology; credit allowed against
charge; limitation of action contesting methodology for imposing charge;
notification request
223.307 Authorized
expenditure of system development charges
223.309 Preparation
of plan for capital improvements financed by system development charges;
modification
223.311 Deposit
of system development charge revenues; annual accounting
223.313 Application
of ORS 223.297 to 223.314
223.314 Establishment
or modification of system development charge not a land use decision
APPORTIONMENT OF GOVERNMENT ASSESSMENTS UPON
PARTITION
223.317 Apportionment
of special assessment among parcels in subsequent partition of tract
223.322 Prorate
of unpaid installments
223.327 Procedure
for equitable apportionment by ordinance or regulation
ASSESSMENTS FOR LOCAL IMPROVEMENTS
223.387 Description
of real property; effect of error in name of owner
223.389 Procedure
in making local assessments for local improvements
223.391 Notice
of proposed assessment to owner of affected lot
223.393 Estimated
and final assessments become liens
223.395 Deficit
assessments or refunds when initial assessment based on estimated cost
223.399 Powers
of local government concerning assessments for local improvements
223.401 Review
of assessment
REASSESSMENT
223.405 Definitions
for ORS 223.405 to 223.485
223.410 Authority
of governing body to make reassessment
223.415 Basis
for, amount and method of reassessment
223.420 Effect
of reassessment; exceptions
223.425 Resolution
to reassess
223.430 Publication
of notice of reassessment; contents
223.435 Personal
notice to each owner; right to file objections
223.440 Hearing
on objections; revision of reassessment
223.445 Reassessment
ordinance or resolution
223.450 Lien
docket entry; crediting prior payments
223.455 Right
of purchaser at sale under prior assessment
223.462 Review
of reassessment
223.485 Additional
reassessment procedure; time limitation
METHODS OF ENFORCING LIENS AND COLLECTING
ASSESSMENTS
223.505 Definitions
for ORS 223.505 to 223.595
223.510 Authority
to sell property for delinquent liens and assessments
223.515 Preparation,
transmission and contents of delinquent list
223.520 Procedure
in collecting delinquencies
223.523 Notice
of sale; publication; personal notice to property owner and occupant
223.525 Conduct
of foreclosure sale
223.530 Title
of purchaser
223.535 Record
of sales; receipts for lien payments
223.540 Payment
of sale price
223.545 Purchase
by local government in absence of bids
223.550 Certificate
of sale; contents
223.555 Lien
docket entries mandatory
223.560 Unsold
property reoffered; exceptions
223.565 Procedure
and conditions of redemption
223.570 Execution
and contents of deed to purchaser
223.575 Legal
and evidentiary effect of deed
223.580 Grantee
of deed entitled to possession
223.585 Time
limitation on actions to recover sold property
223.590 Tender
of purchase price in action to recover property
223.593 Alternate
redemption procedure; cash payment required
223.594 Lien
for water service to certain real property through single water meter; owner as
water user; foreclosure
223.595 Validation
of prior foreclosure proceedings
223.605 Definition
for ORS 223.605 to 223.650
223.610 Foreclosure
of certain liens by suits in equity
223.615 Recovery
of attorney fees in foreclosure proceeding
223.620 Laws
applicable to foreclosure proceedings
223.625 Liens
which may be included in foreclosure suit
223.630 Joinder
of parties in interest as defendants
223.635 Complaint
served on owner; issues tried separately
223.640 Allegations
of jurisdictional facts
223.645 Right
of local government to bid at execution sale
223.650 Redemption;
no deficiency judgment
FINANCING OF LOCAL IMPROVEMENTS; REBONDING; REINSTATEMENT; TYPE OF
BONDS ACCEPTED IN PAYMENT OF LIENS; ASSESSMENT OF PUBLIC PROPERTY
223.705 Rebonding
of unpaid assessments
223.710 Rebonding
application; form; prerequisites
223.715 Payment
of rebonded assessment
223.720 Amount
of lien; priority
223.725 Issuance
and sale of bonds
223.730 Application
of proceeds from sale of bonds
223.735 Debt
limitation of local government not applicable
223.740 General
provisions applicable
223.745 Scope
of power granted
223.750 Enactment
of rulemaking ordinances; effect of irregularities
223.755 Reinstatement
of delinquent bonded assessments authorized
223.760 H.O.L.C.
bonds accepted in payment of assessment liens
223.765 Bonds
accepted as payment for assessment liens
223.770 Assessment
of public property benefited by improvements
223.775 Assessment
of property of cemetery authority benefited by certain improvements
SPECIAL CITY IMPROVEMENTS; PARKING FACILITIES; STREETS; SIDEWALKS; AIDS
TO WATER COMMERCE
223.805 Short
title of ORS 223.805 to 223.845
223.810 Establishment
of motor vehicle parking facilities
223.815 Acquisition
of property for parking facilities
223.820 Planning,
constructing and contracting for the operation of or leasing parking facilities
223.825 Financing
of parking facilities
223.830 Service
concessions in parking facilities
223.835 Fees
and regulations of parking facilities
223.840 Disposing
of property acquired for parking facilities
223.845 Limitation
on operation of parking facilities; use of revenues after issuance of revenue
bonds; excess revenues
223.851 Special
assessment for street lighting, street maintenance and street cleaning;
approval by electors
223.856 Measure
imposing assessments; contents
223.861 Basis
of assessment
223.866 Levy
of assessment; manner of collection; effect of nonpayment
223.876 Charter
authority not affected
223.878 Inclusion
of property outside city in city assessment for local street improvement
223.880 Public
roads included in sidewalk improvement district; assessment on property
benefited
223.882 Acquisition
of property by city to aid water commerce
223.884 Authority
to take property within and without city limits
223.886 Loans
authorized to finance improvements; security for loans; consent of electors
223.888 Authority
of city to carry out law
223.900 Leasing
property to individuals
MISCELLANEOUS PROVISIONS
223.930 Streets
along city boundaries or partly within and without city
223.935 Basis
for legalization of road
223.940 Proceedings
for legalization of roads; report; notice
223.945 Compensation
for property affected by road legalization
223.950 Order
under road legalization proceeding
GENERAL PROVISIONS
223.001
Definitions. As used in ORS
223.112 to 223.132, 223.205 to 223.295, 223.297 to 223.314, 223.317 to 223.327,
223.387 to 223.399, 223.405 to 223.485, 223.505 to 223.595, 223.605 to 223.650,
223.705 to 223.755, 223.765, 223.770, 223.775 and 223.805 to 223.845, unless
the context requires otherwise:
(1) “Actual cost” has the meaning given
the term under ORS 310.140.
(2) “Capital construction project” means a
project for “capital construction,” as defined under ORS 310.140.
(3)(a) “Estimated assessment” means, with
respect to each property to be assessed in connection with a local improvement,
the total assessment that, at the time of giving notice of the assessment and
the right to object or remonstrate, the local government estimates will be
levied against the property following completion of the local improvement. The
estimate shall be based on the local government’s estimate at that time of the
actual costs of the local improvement and the proposed formula for apportioning
the actual costs to the property.
(b) “Estimated assessment” shall be
determined by:
(A) Excluding from estimated actual costs
the estimated financing costs associated with any bonds issued to accommodate
the payment of the assessment in installments; and
(B) Including in estimated actual costs
the estimated financing costs associated with interim financing of the local
improvement.
(4) “Final assessment” means, with respect
to each property to be assessed in connection with a local improvement, the
total assessment levied against the property following completion of the local
improvement. The total assessment shall be based on the actual costs of the
local improvement and the formula for apportioning the actual costs to the
property.
(5)(a) “Financing” means all costs
necessary or attributable to acquiring and preserving interim or permanent
financing of a local improvement.
(b) The costs of financing may include the
salaries, wages and benefits payable to employees of the local government to
the extent the same are reasonably allocable to the work or services performed
by the employees in connection with the financing of a local improvement or any
part thereof. However, as a condition to inclusion of any salaries, wages or
benefits payable to employees of a local government as financing costs of a
local improvement or any part thereof, the local government shall establish a
record keeping system to track the actual work done or services performed by
each employee on or in connection with such local improvement.
(c) Financing costs that are to be
incurred after the levy of a final assessment may be included in the final
assessment based on the local government’s reasonable estimate of the financing
costs if the local government first documents the basis for the estimate and
makes the documentation available to interested persons on request.
(6) “Governing body” means the council,
commission, board or other controlling body, however designated, in which the
legislative powers of a local government are vested.
(7) “Installment application” means an
application filed by a property owner to have a final assessment paid in
installments over a period of years.
(8) “Local government” means a local
government as defined in ORS 174.116 that has authority to undertake the
acquisition, construction, reconstruction, repair, betterment or extension of a
local improvement.
(9) “Local improvement” has the meaning
given the term under ORS 310.140.
(10) “
(11) “Owner” means the owner of the title
to real property or the contract purchaser of real property of record as shown
on the last available complete assessment roll in the office of the county
assessor.
(12) “Recorder” means the auditor,
recorder, clerk or other person or officer of a local government serving as
clerk of the local government or performing the clerical work of the local
government, or other official or employee as the governing body of a local
government shall designate to act as recorder.
(13) “Structure” has the meaning given the
term under ORS 310.140.
(14) “Treasurer” means the elected or
appointed official of a local government, however designated, charged by law
with the responsibility for acting as custodian of and investment officer for
the public moneys of the local government. [1991 c.902 §3; 2003 c.802 §2]
CONDEMNATION
FOR CITY IMPROVEMENTS; SPECIAL PROCEDURE
223.005
Condemnation for public use within and without city limits. Any incorporated city may:
(1) Appropriate any private real property,
water, watercourse and riparian rights to any public or municipal use or for
the general benefit and use of the people of the city, including but not
limited to appropriation for an aviation field, park, city hall, city
buildings, jail, or to protect the city from overflow by freshets.
(2) Appropriate any real property, water,
watercourse and water and riparian rights, including power sites, to any public
or municipal use or for the general benefit and use of the people within or
without the city, and to build dams, reservoirs and conduits for the purpose of
storing and using water to aid in developing the necessary power to generate
electricity for the use and benefit of the people within or without the city.
(3) Condemn for its use private property
for the purpose of erecting and maintaining electric lines thereon for the
purpose of generating and conveying power to light and heat the city, and to be
used and sold by the city for manufacturing, transportation, domestic and other
purposes, either within or without the corporate limits of the city, and for
the purpose of constructing electrical systems for municipal uses. [Amended by
1971 c.134 §1]
223.010
Right of city to enter upon, survey, examine and select property to be
condemned. For the purposes
of ORS 223.005, a city may enter upon, survey and examine property in the
manner provided by ORS 35.220 and may select any such property or rights for
the purpose of constructing any ditch, drain, dam, dike, canal, flume, sewer,
reservoir, septic tank, filter bed, sewer form or purifying plant or laying or
constructing and maintaining any pipe, sewer, drain, aqueduct, dam, dike,
canal, flume, reservoir, septic tank, filter bed, sewer form or purifying plant
or other plant, building or electric lines or system for municipal uses,
including but not limited to, aviation fields, parks, city hall, city
buildings, jails, docks, piers, slips, shore and terminal structures. [Amended
by 1971 c.134 §2; 2003 c.477 §4]
223.015
Manner of condemnation; compensation. After selection of such rights and property under ORS 223.010 in such
manner as the council provides, the city seeking to make the appropriation may
proceed in the manner prescribed by the statutes for the appropriation of land
for corporate purposes, and not otherwise, unless otherwise provided by law, to
have such property appropriated and the compensation therefor determined and
paid. However, the compensation for such condemnation by a city shall be paid
by a deposit in the court of an order drawn upon the city treasurer for the
amount of compensation.
223.020
Scope of condemnation.
Appropriation of property under ORS 223.005 may extend beyond the corporate
limits of the city to or along and including any lake, spring, stream or power
site.
223.025 [Repealed by 1963 c.297 §1]
223.030 [Repealed by 1963 c.297 §1]
223.035 [Repealed by 1963 c.297 §1]
223.040 [Repealed by 1963 c.297 §1]
MUNICIPAL
CONDEMNATION PROCEEDINGS
223.105
Proceedings to condemn property for city improvements when owner and city
disagree on price. (1) The
provisions of this section apply to every city, whether organized under general
law or otherwise.
(2) Whenever the council of any
incorporated city deems it necessary to take or damage private property for the
purpose of establishing, laying out, extending or widening streets, or other
public highways and places within any city, or for rights of way for drains,
sewers or aqueducts, or for widening, straightening or diverting channels of
streams and the improvement of waterfronts, and the council cannot agree with
the owner of the property as to the price to be paid, the council may direct
proceedings to be taken under the general laws of this state to procure the
same.
223.110 [Repealed by 1971 c.741 §38]
ECONOMIC
IMPROVEMENT DISTRICTS
223.112
Definitions for ORS 223.112 to 223.132. As used in ORS 223.112 to 223.132, unless the context requires
otherwise:
(1) “Council” means the city council or
other controlling body of a city.
(2) “Economic improvement” means:
(a) The planning or management of
development or improvement activities.
(b) Landscaping or other maintenance of
public areas.
(c) Promotion of commercial activity or
public events.
(d) Activities in support of business
recruitment and development.
(e) Improvements in parking systems or
parking enforcement.
(f) Any other economic improvement
activity for which an assessment may be made on property specially benefited
thereby. [1985 c.576 §1; 1991 c.902 §4]
223.114
Economic improvement; assessment ordinance. (1) A council may enact an ordinance establishing a procedure to be
followed by the city in making assessments for the cost of an economic
improvement upon the lots which are specially benefited by all or part of the
improvement.
(2) In any ordinance adopted under
subsection (1) of this section, a city shall not be authorized to:
(a) Levy assessments in an economic
improvement district in any year that exceed one percent of the real market
value of all the real property located within the district.
(b) Include within an economic improvement
district any area of the city that is not zoned for commercial or industrial
use.
(c) Levy assessments on residential real
property or any portion of a structure used for residential purposes. [1985
c.576 §2; 1989 c.1018 §3; 1991 c.459 §350; 1991 c.902 §5]
223.115 [Repealed by 1971 c.741 §38]
223.117
Requirements of assessment ordinance. (1) An ordinance adopted under ORS 223.114, shall provide for
enactment of an assessment ordinance that:
(a) Describes the economic improvement
project to be undertaken or constructed.
(b) Contains a preliminary estimate of the
probable cost of the economic improvement and the proposed formula for
apportioning cost to specially benefited property.
(c) Describes the boundaries of the
district in which property will be assessed.
(d) Specifies the number of years, to a
maximum of five, in which assessments will be levied.
(e) Contains provision for notices to be
mailed or delivered personally to affected property owners that announce the
intention of the council to construct or undertake the economic improvement
project and to assess benefited property for a part or all of the cost. The
notice shall state the time and place of the public hearing required under
paragraph (f) of this subsection.
(f) Provides for a hearing not sooner than
30 days after the mailing or delivery of notices to affected property owners at
which the owners may appear to support or object to the proposed improvement
and assessment.
(2) The ordinance shall also:
(a) Provide that if, after the hearing
held under subsection (1)(f) of this section, the council determines that the
economic improvement shall be made, the council shall determine whether the
property benefited shall bear all or a portion of the cost and shall determine,
based on the actual or estimated cost of the economic improvement, the amount
of assessment on each lot in the district.
(b) Require the city recorder or other
person designated by the council to prepare the proposed assessment for each
lot in the district and file it in the appropriate city office.
(c) Require notice of such proposed
assessment to be mailed or personally delivered to the owner of each lot to be
assessed, which notice shall state the amount of the assessment proposed on the
property of the owner receiving the notice. The notice shall state the time and
place of a public hearing at which affected property owners may appear to
support or object to the proposed assessment. The hearing shall not be held
sooner than 30 days after the mailing or personal delivery of the notices.
(d) Provide that the council shall
consider such objections and may adopt, correct, modify or revise the proposed
assessments.
(e) Provide that the assessments will not
be made and the economic improvement project terminated when written objections
are received at the public hearing from owners of property upon which more than
33 percent of the total amount of assessments is levied. [1985 c.576 §3; 1989
c.1018 §4]
223.118
Remonstrance against assessment; exclusion of property. (1) In addition to the requirements listed
in ORS 223.117 (2), an assessment ordinance adopted under ORS 223.114 and
223.117 may, at the discretion of the council, provide that:
(a) When the council receives written
objections at the public hearing only from owners of property upon which less
than 33 percent of the total amount of assessments is levied, the economic
improvement project may be undertaken or constructed, but that assessments
shall not be levied on any lot or parcel of property if the owner of that
property submitted written objections at the public hearing. Notwithstanding
any other provision of law, an owner of property who fails to submit written
objections at the public hearing as provided for in the ordinance shall be
deemed to have made a specific request for the economic improvement services to
be provided during the period of time specified in the assessment ordinance.
(b) The council, after excluding from
assessment property belonging to such owners, shall determine the amount of
assessment on each of the remaining lots or parcels in the district.
(c) Notice of such proposed assessment be
mailed or personally delivered to the owner of each lot to be assessed, which
notice shall state the amount of the assessment proposed on the property of the
owner receiving the notice.
(2) When assessments are levied against property within an economic improvement district in accordance with an assessment ordinance that contains the provisions described in subsection (1) of this section: