ORS 453.876: Determination that property is not fit for use; appeal; notice to local residents.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) The Director of the Oregon Health Authority or a designee thereof, the State Fire Marshal or a designee thereof or any law enforcement agency may determine that property is not fit for use pursuant to ORS 105.555, 431.175 and 453.855 to 453.912 and applicable rules adopted by the Oregon Health Authority and may make that determination on site. The determination is effective immediately and renders the property not fit for use. (2) The owner may appeal the determination, to the agency that made the determination, within 30 working days after the determination, pursuant to rules of the agency, or to circuit court. (3) The appeal to the agency is not a contested case under ORS chapter 183. The question on appeal is limited to whether the site is an illegal drug manufacturing site. (4) If a determination that property is not fit for use is made under subsection (1) of this section, a local government or the state may provide notice that the real property has been determined to be an illegal drug manufacturing site and not fit for use to: (a) A person in each residence located within 300 feet of the real property if the real property is located within an urban growth boundary; or (b) A person in each residence located within one quarter mile of the real property if the real property is not located within an urban growth boundary. (5) The notice described in subsection (4) of this section shall be in writing and shall include: (a) The address of the real property that is determined to be not fit for use; (b) A statement that the determination is subject to appeal and that the real property may be determined to be fit for use if the appeal is successful or if the real property is certified as decontaminated; (c) The telephone number of the office of the Oregon Health Authority that is responsible for overseeing the decontamination of illegal drug manufacturing sites; and (d) The website for the Oregon Health Authority office responsible for overseeing the decontamination of illegal drug manufacturing sites that contains information on the dangers associated with real property that has been used as an illegal drug manufacturing site. [1989 c.915 §9; 1999 c.861 §2; 2003 c.559 §1; 2009 c.595 §926]
Administrative rules citing this section
- OAR 333-040-0010: Purpose and Scope — implements
- OAR 333-040-0020: Definitions — implements
- OAR 333-040-0050: Determination of Unfitness for Use — implements
- OAR 333-040-0060: Unfit for Use Listing by State Department of Consumer and Business Services, Building Codes Division — implements
- OAR 333-040-0065: Procedures for Owners of Unfit for Use Properties — implements
- OAR 333-040-0070: Procedures for Assessment, Decontamination, Sampling and Testing — implements
- OAR 333-040-0080: Compliance with Regulations and Disposing of Contents of Unfit for Use Properties — implements
- OAR 333-040-0090: Destruction of Unfit for Use Property — implements
- OAR 333-040-0100: Disclosure for Sale or Transfer of Illegal Drug Manufacturing Sites — implements
- OAR 333-040-0110: Qualifications, Training and Licensing of Contractors and Employees — implements
- OAR 333-040-0120: Contractor Listing — implements
- OAR 333-040-0130: On-Site Supervision — implements
- OAR 333-040-0135: Qualifications and Training of Sampling Personnel — implements
- OAR 333-040-0140: Entry and Inspection — implements
- OAR 333-040-0150: Quality Control Checks — implements
- OAR 333-040-0170: Advice and Consultation — implements
- OAR 333-040-0180: Licenses and Fees — implements
- OAR 333-040-0190: Reciprocity — implements
- OAR 333-040-0230: Denial, Suspension, Revocation of License and Civil Penalties — implements
- OAR 918-010-0005: Reasonable Notice to Interested Parties — implements
- OAR 918-010-0005: Reasonable Notice to Interested Parties — authority
- OAR 918-010-0020: Notice of Listing in the Registry — implements
- OAR 918-010-0020: Notice of Listing in the Registry — authority
This rule cites
- ORS 105.555 — resolved
- 431.175 — resolved
- 453.855 — resolved
- 453.912 — resolved
- ORS chapter 183 — target_record_not_published
Cited by
- ORS 90.425: Disposition of personal property abandoned by tenant; notice; sale; limitation on landlord liability; tax cancellation; storage agreements; hazardous property.
- ORS 93.275: Incidents not material facts to real property transaction; legislative findings.
- ORS 105.555: Places declared nuisances subject to abatement.
- ORS 453.870: Transfer allowed after full disclosure.
- ORS 453.882: Contaminated property as public nuisance.
- OAR 333-040-0020: Definitions
- OAR 333-040-0100: Disclosure for Sale or Transfer of Illegal Drug Manufacturing Sites
- OAR 918-010-0015: Registry of Property “Unfit for Use”
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors453.html