Or. Admin. Code § 660-045-0040

Current through Register Vol. 63, No. 11, November 1, 2024

Section 660-045-0040 - The Citizen's Request to the Affected Local Government or District

(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.

Or. Admin. Code § 660-045-0040

LCDD 5-1998, f. & cert. ef. 9-23-98

Stat. Auth.: ORS 183 & ORS 197

Stats. Implemented: ORS 197.319 - ORS 197.335 & ORS 197.646