Or. Admin. Code § 660-045-0060

Current through Register Vol. 63, No. 12, December 1, 2024

Section 660-045-0060 - Petitioning the Commission to Initiate Enforcement Proceedings

(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.

Or. Admin. Code § 660-045-0060

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