ORS 197.319: Procedures prior to request of an enforcement order.

(1) Before a person may request adoption of an enforcement order under ORS 197.320, the person shall: (a) Present the reasons, in writing, for such an order to the affected local government; and (b) Request: (A) Revisions to the local comprehensive plan, land use regulations, special district cooperative or urban service agreement or decision-making process which is the basis for the order; or (B) That an action be taken regarding the local comprehensive plan, land use regulations, special district agreement, housing production strategy or decision-making process that is the basis for the order. (2)(a) The local government or special district shall issue a written response to the request within 60 days of the date the request is mailed to the local government or special district. (b) The requestor and the local government or special district may enter into mediation to resolve issues in the request. The Department of Land Conservation and Development shall provide mediation services when jointly requested by the local government or special district and the requestor. (c) If the local government or special district does not act in a manner which the requestor believes is adequate to address the issues raised in the request within the time period provided in paragraph (a) of this subsection, a petition may be presented to the Land Conservation and Development Commission under ORS 197.324. (3) A metropolitan service district may request an enforcement order under ORS 197.320 (12) without first complying with subsections (1) and (2) of this section. (4) The department, without the prior approval of the commission, may request an enforcement order under ORS 197.320 (13) without first complying with subsections (1) and (2) of this section. Notwithstanding ORS 183.635 (2) and 197.328 (1), the request under this subsection must be assigned to an administrative law judge appointed under ORS 183.635 unless the commission has previously appointed a hearing officer or a pool of hearing officers to review petitions filed under this section. Before the entry of a final order under ORS 197.319 to 197.335, the department, in its discretion, may dismiss a petition filed by the department under this section and refer a city to the housing acceleration program under ORS 197A.130. [1989 c.761 §4; 1993 c.804 §9; 2007 c.176 §2; 2019 c.640 §11; 2023 c.13 §15]