reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 209 - County Surveyors › Section 209.040 - Substitution when county surveyor interested in land.

When it appears that the county surveyor is interested in any tract of land, the title to which is in dispute before the court, the court shall direct the survey or resurvey to be made by a registered professional land surveyor, who is in nowise interested. The substitute surveyor shall be authorized to administer oaths in the same manner as the county surveyor, return the survey or resurvey on oath or affirmation and receive for the services the same fees that the county surveyor would receive for similar services. [Amended by 1979 c.653 §2; 1989 c.394 §6]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 209 - County Surveyors › Section 209.070 - Duties.

The county surveyor of each county shall:
(1) Keep a fair and correct record of all surveys made by the county surveyor and deputies thereof and by the county road official, all surveys received pursuant to ORS 209.250 and all surveys under ORS 368.106 or 368.206.
(2) Number progressively all surveys received and state by whom and, if provided, for whom made.
(3) Provide a copy of any survey to any person or court requiring the same, on payment of the fee allowed by law.
(4) Make all surveys of legal subdivisions with reference to the current United States Manual of Surveying Instructions.
(5) Establish or reestablish and maintain all public land survey corners, where evidence of the corners can be found and the corners can be positively located, and keep a separate record of the corners, giving the dates and names of persons present. When so established or reestablished such corner monuments shall be recognized as the legal and permanent corners.
(6) Establish or reestablish, upon order of the county court or board of county commissioners, all public land survey corners where all physical evidence is destroyed or cannot be found but where the official government notes are available, the corners to be reestablished in the manner provided in ORS 209.130 for establishing corners, and keep a separate record of the same, giving the date and names of persons present, and turn such record over to the surveyor’s successor. When so established or reestablished such corner monuments shall be recognized as the legal and permanent corners.
(7) At the expiration of the term of office transfer all records to the successor. [Amended by 1979 c.653 §4; 1981 c.153 §56; 1985 c.582 §7; 1989 c.394 §7; 1997 c.489 §9]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 209 - County Surveyors › Section 209.080 - Compensation.

The compensation for the county surveyor shall be as determined by the county court or board of county commissioners, and paid out of the county treasury upon order of the county court. [Amended by 1979 c.653 §5; 1981 c.111 §1; 1989 c.394 §8]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 209 - County Surveyors › Section 209.090 - Procuring and filing copies of field notes and plats of Bureau of Land Management surveys; copies as evidence.

(1) The county court shall procure from the Bureau of Land Management a copy of the field notes and plats of all surveys and resurveys of public lands of townships, sections, Donation Land Claims, mineral claims, homesteads, meander lines or other similar surveys lying within its county. These shall include copies of the official plats and field notes of the survey and shall be filed in the office of the county surveyor.
(2) Copies, certified by the county surveyor, of copies of such field notes or plats filed in the office of the county surveyor by the county court shall be prima facie evidence. [Amended by 1979 c.653 §6; 1989 c.394 §9]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 209 - County Surveyors › Section 209.100 - Administering oaths.

The county surveyor or a deputy may administer the oaths or affirmations necessary to the legal establishment of roads and other surveys, and to take the evidence of any person who may be produced to prove any point material to such survey. [Amended by 1979 c.653 §7]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 209 - County Surveyors › Section 209.130 - Establishment of corners; references; additional reference using coordinate system.

(1) In the establishment or reestablishment of a public land survey corner, the county surveyor shall set a monument of durable quality. When a monument cannot be set at the exact corner position or it is not practicable to set a monument, then a witness corner monument shall be set.
(2) Section corners, Donation Land Claim corners, center corners and quarter-section corners shall be witnessed by at least four references. Meander corners, angle point corners or other approved public land survey corners shall be witnessed by at least two references. References shall be of durable quality. All references shall be carefully described, and their bearings and distances noted in the report or on the survey.
(3) For the purpose of providing an additional reference, the county surveyor may, when maintaining or reestablishing survey corners, establish coordinates on public land survey corners using the Oregon Coordinate System, pursuant to ORS 93.312, or another coordinate system, adopted by the appropriate public agency, that can be referenced directly to a geodetic control monument. [Amended by 1979 c.653 §8; 1989 c.394 §10; 2001 c.391 §1; 2005 c.230 §4; 2011 c.179 §2]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 209 - County Surveyors › Section 209.140 - Necessary interference with corners or accessories; prior notice to county surveyor required; exception for emergency; fees.

(1) Any person or public agency that finds it necessary to interfere with or pave over any established public land survey corner or accessories for any reason, shall notify the county surveyor prior to the interference, who shall lower and witness the monument, or place another monument and witness over the existing monument or reference and replace or set a witness monument, as the case may demand, and record the proceedings in the record of permanent surveys. The county surveyor may charge a fee in an amount that will reimburse the county for the work performed.
(2) When an emergency exists and the county surveyor is unavailable, the person or public agency causing the interference shall cause a registered professional land surveyor to preserve the monument as required in subsection (1) of this section. The registered professional land surveyor referencing the monument shall notify the county surveyor of the references within two business days after the references or interference, whichever occurs first. [Amended by 1979 c.653 §9; 1985 c.582 §8; 1989 c.394 §11]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 209 - County Surveyors › Section 209.150 - Removal or destruction of survey monument; notice to county surveyor; replacement of monument; exception.

(1) Any person or public agency removing, disturbing or destroying any survey monument of record in the office of the county surveyor or county clerk shall cause a registered professional land surveyor to reference and replace the monument within 90 days of the removal, disturbance or destruction. The registered professional land surveyor referencing and replacing the monument shall do so in the same manner that is provided for public land survey corners according to ORS 209.140 and shall notify the county surveyor of that action within two business days. The costs of referencing and replacing the survey monument shall be paid by the person or public agency causing the removal, disturbance or destruction.
(2) Notwithstanding subsection (1) of this section, a county surveyor may, upon written request and written notice to an affected property owner, provide written authorization to a registered professional land surveyor to remove a survey monument other than a public land survey corner as defined in ORS 209.005. A county surveyor may require that the position of the removed monument be referenced to another survey monument and noted on a survey map filed in accordance with ORS 209.250. [Amended by 1979 c.653 §10; 1989 c. 394 §12; 1991 c.339 §2; 1997 c.336 §3; 1997 c.489 §10]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 209 - County Surveyors › Section 209.155 - Removal or destruction of survey monument during road construction; survey map in lieu of replacement; delineation of newly defined right of way.

(1) Notwithstanding ORS 209.150, when a recorded survey monument, other than a public land survey corner, is removed, destroyed or disturbed as a result of construction or reconstruction of a public road, the survey monument does not have to be replaced if:
(a) The original location of the recorded survey monument is within the new right of way; and
(b) The person or public agency responsible for the construction or reconstruction causes a registered professional land surveyor to locate any survey monuments that are subject to removal, destruction or disturbance and to file a map, prior to the beginning of construction, with the county surveyor that identifies all existing recorded monuments, the existing right of way and controlling centerline and the survey control used to comply with this section.
(2) The newly defined right of way may be delineated by either of the following methods:
(a) All control points that define the right of way centerline are monumented or referenced with monuments. The right of way boundary is monumented at all angle points, points of curve, points of tangency and at least every 1,000 feet on long curves and tangents. A survey that identifies the survey control and the new right of way and controlling centerline shall be filed with the county surveyor within 180 days after completion of construction.
(b) A permanent survey control point network is established referencing the new right of way and controlling centerline. The network shall consist of at least three control monuments and must span the length of the project. Each control monument shall be intervisible with at least two other control monuments. At least two monuments on the network must be part of the original control used to locate the monuments described in subsection (1)(b) of this section. A map identifying the control network and the new right of way and controlling centerline shall be filed with the county surveyor within 180 days after completion of construction.
(3) The types of monuments shall be as described in ORS 92.060.
(4) The survey maps required by this section shall comply with ORS 209.250 and any other requirement of law.
(5) For the purpose of complying with subsection (1)(b) of this section, locating a survey monument may consist of establishing coordinates on the monument using the Oregon Coordinate System pursuant to ORS 93.312, Local Datum Plane coordinates that scale Oregon State Plane coordinates of the Oregon Coordinate System to a plane close to the ground elevation of a survey project or other coordinates compatible with those coordinates shown on the survey.
(6) For the purpose of complying with this section, the date of completion of construction is deemed to be the date when all substantial road improvements are completed. [1997 c.336 §2; 2011 c.179 §3]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 209 - County Surveyors › Section 209.200 - Resurvey of federally surveyed lands.

In the resurvey of lands surveyed under the authority of the United States, the county surveyor or a registered professional land surveyor shall observe the following rules:
(1) Section and quarter-section corners, and all other corners established and approved by the General Land Office or its successors, must stand as the legal and permanent corners.
(2) A legal and permanent corner must be reestablished at the identical spot where the original corner was located by the government survey, when the identical spot can be determined.
(3) When the identical spot cannot be determined, the legal and permanent corner must be reestablished with reference to the current United States Manual of Surveying Instructions. [Amended by 1979 c.653 §13; 1989 c.394 §13; 2007 c.71 §70]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 209 - County Surveyors › Section 209.220 - Oath taken by employees.

Each person employed by the county surveyor or a deputy shall, before commencing the duty assigned, take an oath or affirmation faithfully and impartially to execute the duties of employment. The county surveyor or a deputy shall administer the oath or affirmation of each employee. [Amended by 1979 c.653 §14]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 209 - County Surveyors › Section 209.230 - Materials for certain purposes.

The county surveyor shall procure at the expense of the county the materials and requisites for carrying into effect ORS 209.100 to 209.230. The county court shall pay for the same and all expenses incurred therein out of the general fund of the county.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 209 - County Surveyors › Section 209.255 - Amendment of survey map or narrative by affidavit of correction; preparation, certification and recording of affidavit.

(1) Any survey map or narrative filed and recorded under the provisions of this chapter may be amended by an affidavit of correction:
(a) To show any courses or distances omitted from the map or narrative;
(b) To correct an error in any courses or distances shown on the map or narrative;
(c) To correct an error in the description of the real property shown on the map or narrative; or
(d) To correct any other errors or omissions where the error or omission is ascertainable from the data shown on the map or narrative as recorded.
(2) Nothing in this section shall be construed to permit changes in courses or distances for the purpose of redesigning parcel configurations.
(3) The affidavit of correction shall be prepared by the registered professional land surveyor who filed the map or narrative. In the event of the death, disability or retirement from practice of the surveyor who filed the map or narrative, the county surveyor may prepare the affidavit of correction. The affidavit shall set forth in detail the corrections made. The seal and original signature of the registered professional land surveyor making the affidavit shall be affixed to the affidavit.
(4) The county surveyor having jurisdiction of the map or narrative shall certify that the affidavit of correction has been examined and that the changes shown on the map or narrative are changes permitted under this section.
(5) The surveyor who prepared the affidavit shall cause the affidavit to be recorded in the office of the county recorder of the county where the survey or narrative is recorded. The county clerk shall promptly return the recorded affidavit to the county surveyor who shall note the correction and the recorder’s filing information with permanent ink, upon the original survey or narrative filed in accordance with ORS 209.250. The corrections and filing information shall be marked in such a manner so as not to obliterate any portion of the survey or narrative.
(6) In addition to the fees established by ORS 205.320 for recording the affidavit in the county deed records, the county clerk shall collect a fee set by the county governing body. The county clerk shall collect the fee as set by the county governing body to be paid to the county surveyor for services provided under this section. [1983 c.309 §10; 1989 c.394 §15; 1993 c.219 §14; 1999 c.654 §23]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 209 - County Surveyors › Section 209.260 - Fee for filing and indexing.

The county governing body, by resolution or order, may establish the fee to be collected by the county surveyor for filing and indexing a map or report of a survey. [1981 c.429 §2; 1985 c.582 §9; 1991 c.339 §4; 1991 c.621 §2]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 209 - County Surveyors › Section 209.270 - Records of county surveyor; location; accessibility.

(1) The records of the county surveyor shall be located in county facilities designated by the county governing body.
(2) The county surveyor shall be provided reasonable facilities for the proper filing, indexing, copying, public inspection and examination and protection of public records as required under ORS 192.318 and 192.324. [1981 c.429 §3]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 209 - County Surveyors › Section 209.300 - Abandonment of railroad line; notice to county surveyor; request for copies of plats.

When a railroad gives notice of its intention to abandon a railroad line within this state, the Department of Transportation shall provide a copy of the notice to the county surveyor of each county in which the line to be abandoned is located. Upon written request from a county surveyor so notified, the railroad shall provide the county surveyor with a reproducible copy of the right of way plats for the line to be abandoned. The copy of the right of way plats shall be provided prior to abandonment at no cost to the county surveyor, and shall show the center line of trackage as originally constructed and currently existing, together with ties to monumented public land survey corners, as shown by the right of way plats. [1985 c.220 §2; 1989 c.394 §16; 1995 c.733 §43]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 209 - County Surveyors › Section 209.990 - Penalties; civil remedies.

(1) The costs of the reestablishment of the corner or witness monument may be recovered in a civil action together with costs and attorney fees for the prevailing party.
(2) A person may obtain injunctive relief to prevent further disturbance or destruction of survey monuments.
(3) Any county surveyor failing to perform the duties required of the surveyor by ORS 209.020 to 209.090 shall be fined not exceeding $100, to be recovered by an action brought by the injured party. [Amended by 1979 c.653 §17; 1989 c.394 §17]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 210 - County Accountants › Section 210.120 - Oath of accountant; bond or letter of credit; requirements for sureties and letter of credit issuers.

The person appointed to the office of county accountant shall qualify within 30 days from the time of the appointment by taking and filing with the clerk of the county an oath to faithfully perform the duties of office, and by executing an official bond, with sureties to be approved by the board of county commissioners, or an irrevocable letter of credit, in either case in the sum of $20,000. The bond or letter of credit shall contain a condition that the principal will faithfully perform the official duties then or which may thereafter be imposed upon or be required of the principal by law, and that at the expiration of the term of office the principal will surrender to any successor all property, books, papers and documents that may come into the possession of the principal. Any bond shall be executed by a lawfully authorized surety company, or by two sureties who shall each justify in the amount required by the bond; and any letter of credit shall be issued by an insured institution, as defined in ORS 706.008. When there are more than two sureties, or more than two letter of credit issuers, they shall justify in an amount which the aggregate shall equal double the amount of the bond or letter of credit. Every surety upon such official bond other than lawfully authorized surety companies must make an affidavit, which shall be indorsed upon the bond, that the surety is a resident and freeholder in the county in which the bond is filed, and worth in property situated in the county, exclusive of encumbrances thereon, double the amount of the undertaking over and above all sums for which the surety is already liable or in any manner bound, whether as principal, indorser or surety, and whether such prior obligation or liability is conditional or absolute, liquidated or unliquidated, due or to become due. All persons offered as sureties on official bonds may be examined on oath as to their qualifications by the officers whose duty it is to approve the bond. [Amended by 1981 c.216 §2; 1983 c.310 §3; 1991 c.331 §47; 1997 c.631 §427]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 210 - County Accountants › Section 210.130 - Additional bond or letter of credit.

Whenever, in the opinion of the board of county commissioners, the county accountant’s letter of credit, bond or any surety thereon becomes insufficient, the board shall require an additional bond or letter of credit. An additional bond or letter of credit shall also be required when a surety to a bond dies or ceases to be a resident of the county. The county accountant or any of the deputies of the accountant, who are required by law to give bonds or letters of credit, may present as surety any lawfully authorized surety company, to be approved by the county commissioners, and the commissioners may pay the premium thereon. [Amended by 1981 c.216 §3; 1983 c.310 §4; 1991 c.331 §48; 2005 c.22 §160]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 210 - County Accountants › Section 210.140 - Liability for acts and omissions of subordinates.

A county accountant shall be liable on the official bond required under ORS 210.120 or 210.130 for the acts and omissions of any deputies, assistants, clerks and employees appointed by the county accountant, and the official bond shall contain such a condition. [Amended by 1981 c.216 §4; 1983 c.310 §5]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 210 - County Accountants › Section 210.150 - Bond or letter of credit of subordinates.

A county accountant may require the deputies, clerks, assistants and employees of the accountant to give bonds of indemnity, with sufficient sureties, or to give an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008, for the faithful performance of their duties. [Amended by 1981 c.216 §5; 1983 c.310 §6; 1991 c.331 §49; 1997 c.631 §428]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 210 - County Accountants › Section 210.160 - Auditing and payment of accountant’s salary; auditing of other demands.

The demand of a county accountant for monthly salary shall be audited, allowed and ordered paid by the board of county commissioners. All other demands on account of salaries, or otherwise, fixed by law or otherwise and made payable out of the treasury, must be approved by the accountant before being ordered paid. [Amended by 1965 c.251 §5; 1981 c.216 §6; 1983 c.310 §7]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 210 - County Accountants › Section 210.170 - Auditing and approving claims; financial records and reports.

(1) The county accountant shall be the accounting officer of the county. All demands, accounts or claims against the county shall be presented to the accountant with the necessary evidence in support thereof, and the accountant shall examine and audit the same. If the accountant finds such demands, accounts or claims correct, lawful, just and valid, and authorized by the board of county commissioners, the accountant shall indorse them as audited and approved, with the date thereof. After auditing and approving any such claim, the accountant shall draw an order on the county treasurer for the payment thereof, which order the county treasurer shall, when presented, either pay or indorse "Not paid for want of funds," as provided in ORS 208.020.
(2) If a demand, claim or account and evidence in support thereof is not sufficient to satisfy the accountant as to its correctness, lawfulness, justness or validity, the accountant shall indorse the same as audited and rejected, with the date thereof, and report the same to the board of county commissioners with such explanation as the accountant may deem necessary.
(3) The accountant shall receive and preserve in the office of the accountant all accounts, books, vouchers, documents and papers relating to the accounts and contracts of the county, its debts, revenues and other financial affairs.
(4) The accountant shall give information as to the exact condition of the treasury and of every fund thereof upon demand by the board of county commissioners, or any member thereof.
(5) All claims approved and ordered paid shall be numbered consecutively, and the order drawn for the same shall designate the fund out of which it is payable. [Amended by 1981 c.216 §7; 1983 c.310 §8]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 210 - County Accountants › Section 210.180 - Necessity for audit of all county payments.

Any law or rule providing for the payment of any demand of any kind or nature, except the salary of the county accountant, out of the treasury or any fund thereof, whether from public funds or private funds deposited therein, shall be construed as requiring auditing and approval by the accountant, and an order of the board of county commissioners before payment. No order or warrant for the payment of any demand shall be valid, either in the hands of the original payee or holder, or any transferee or assignee thereof, unless the demand for which the same was issued shall have been first duly audited and approved by the accountant. [Amended by 1981 c.216 §8; 1983 c.310 §9]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 210 - County Accountants › Section 210.190 - Limitations on allowance of demands.

No demand shall be allowed by a county accountant in favor of:
(1) Any corporation or person in any manner indebted to the county, except for taxes not delinquent, without first deducting the amount of any indebtedness of which the accountant has notice.
(2) Any person having the collection, custody or disbursement of the public funds, unless the account of the person has been presented, passed upon, approved and allowed.
(3) Any officer who has neglected to make official returns or reports in the manner and at the time required by law or the requirements of the board of county commissioners.
(4) Any officer who has neglected to comply with any provision of law regulating the duties of the officer.
(5) Any officer or employee for time absent without legal cause from the duties of such officer or employee during office hours. The accountant must always examine on oath any person receiving a salary from the county touching such absence. [Amended by 1981 c.216 §9; 1983 c.310 §10]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 210 - County Accountants › Section 210.200 - Claim investigation powers.

A county accountant may administer oaths. The accountant may require any person presenting for settlement an account or claim for any cause against the county to be sworn before the accountant touching such account or claim, and when so sworn to answer orally as to any facts relative to the justice and items of such account or claim. No demand shall be approved, allowed, audited or paid unless it specifies each item, date and amount composing it. [Amended by 1981 c.216 §10; 1983 c.310 §11]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 210 - County Accountants › Section 210.210 - Duties and powers of accountant.

A county accountant shall:
(1) Keep a register of all claims presented against the county and place upon each a uniform mark or stamp, to indicate that it has been examined by the accountant.
(2) Keep an account with each department of the county government and with each county official.
(3) Check the deposits made with the county treasurer, by the several officers, of the fees received daily by them, and the fines, forfeited bails and all county, school, road, state or other funds received from any source and deposited with the county treasurer.
(4) Establish and maintain, in each department and office of the county, such system of keeping accounts and transacting the county business as shall secure accuracy, economy and protection of the county’s interests.
(5) At all times have access to any and all public books, records, and documents kept by the various officers of the county.
(6) See that all fees, dues or funds of any description, or on any account to which the county is entitled, are deposited with the county treasurer; and immediately report to the board of county commissioners any officer in default in this regard.
(7) Examine all reports of sheriffs, as to the collection of taxes, and all other general or special reports of officers or persons where any of the county’s finances are involved, and report to the board of county commissioners findings and recommendations in each case.
(8) Prepare and publish, at the close of business on June 30 of each year, a statement showing the contracts entered into by the county for the year covered by the report, the name of the contractor, the work contracted for, the amount of the same, whether the bonds were required and the amount and whether let privately or by public bidding, and also publish a certified statement of the assets and liabilities of the county.
(9) Prepare at least once in each calendar year an exhibit of all receipts and disbursements of the county fund for the year. Such exhibit shall also include a detailed statement of the expenses of the county, segregated as to each office and each department of the county government and business, showing the total amounts for which warrants or orders were issued or drawn during the year, and a statement showing the total amount of money paid into the county treasury for the year, from what source derived, and the amounts apportioned to the various funds. [Amended by 1981 c.216 §11; 1983 c.310 §12; 1991 c.683 §1]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 210 - County Accountants › Section 210.220 - System of accounts and statements; inspection of books.

A county accountant shall establish a standard system of keeping accounts and a uniform method of statements for the same. The books of the accountant shall at all times be subject to the inspection of the board of county commissioners, or any member thereof, and of the grand jury, or to any person or persons appointed by the board or by the grand jury to examine the same. [Amended by 1981 c.216 §12; 1983 c.310 §13]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 210 - County Accountants › Section 210.230 - Preparation, distribution and use of official receipts.

(1) A county accountant shall have prepared suitable forms of receipts, and from time to time shall deliver to the treasurer and to every officer authorized by law to charge any fee, commission, percentage, allowance or compensation for the performance of any official duty, as many official receipts as may be required, charging such officers for them.
(2) When the books or rolls containing receipts are exhausted by the officer receiving them, the officer shall file a record of the receipts issued and keep the same in convenient form for examination.
(3) Whenever any receipt is issued by any officer, it shall contain the date issued, the name of the person making payment, the amount of payment, the nature of the service for which the charge is made and the name and official designation of the officer performing the service. Corresponding entries shall appear on each record of the receipt.
(4) The receipt shall be given to the person making payment, and at the close of each day a record of such receipts shall be filed with the accountant.
(5) Each officer receiving any fee, commission, percentage, allowance or compensation, as described in this section, shall, on or before the fourth day of each month, pay the same to the treasurer and take a receipt therefor.
(6) The treasurer shall, on or before the fifth day of each month, file duplicates of all receipts issued by the treasurer with the accountant.
(7) All such payments by officers to the treasurer shall be accompanied by an itemized statement of the various services for which charges were made and the amount of each charge. Each officer shall file a duplicate of the statement with the accountant.
(8) Every officer receiving blank receipts from the accountant shall, on or before the fifth day of each month, exhibit to the accountant all unused receipts remaining. [Amended by 1981 c.216 §13; 1983 c.310 §14]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.010 - Definitions.

As used in this chapter:
(1) The terms defined in ORS 92.010 shall have the meanings given therein, except that "parcel":
(a) Includes a unit of land created:
(A) By partitioning land as defined in ORS 92.010;
(B) In compliance with all applicable planning, zoning and partitioning ordinances and regulations; or
(C) By deed or land sales contract, if there were no applicable planning, zoning or partitioning ordinances or regulations.
(b) Does not include a unit of land created solely to establish a separate tax account.
(2) "Tract" means one or more contiguous lots or parcels under the same ownership.
(3) The terms defined in ORS chapters 197 and 197A shall have the meanings given therein.
(4) "Farm use" has the meaning given that term in ORS 215.203.
(5) "Recreational structure" means a campground structure with or without plumbing, heating or cooking facilities intended to be used by any particular occupant on a limited-time basis for recreational, seasonal, emergency or transitional housing purposes and may include yurts, cabins, fabric structures or similar structures as further defined, by rule, by the Director of the Department of Consumer and Business Services.
(6) "Recreational vehicle" has the meaning given that term in ORS 174.101.
(7) "The Willamette Valley" is Clackamas, Linn, Marion, Multnomah, Polk, Washington and Yamhill Counties and the portion of Benton and Lane Counties lying east of the summit of the Coast Range. [Amended by 1955 c.756 §25; 1963 c.619 §1 (1); 1985 c.717 §4; 1993 c.792 §8; 1999 c.327 §1; 2019 c.585 §19a; 2022 c.54 §15]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.020 - Authority to establish county planning commissions.

(1) The governing body of any county may create and provide for the organization and operations of one or more county planning commissions.
(2) This section shall be liberally construed and shall include the authority to create more than one planning commission, or subcommittee of a commission, for a county or the use of a joint planning commission or other intergovernmental agency for planning as authorized by ORS 190.003 to 190.130. [Amended by 1973 c.552 §1; 1975 c.767 §15]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.030 - Membership of planning commission.

(1) The county planning commission shall consist of five, seven or nine members appointed by the governing body for four-year terms, or until their respective successors are appointed and qualified; provided that in the first instance the terms of the initial members shall be staggered for one, two, three and four years.
(2) A commission member may be removed by the governing body, after hearing, for misconduct or nonperformance of duty.
(3) Any vacancy on the commission shall be filled by the governing body for the unexpired term.
(4) Members of the commission shall serve without compensation other than reimbursement for duly authorized expenses.
(5) Members of a commission shall be residents of the various geographic areas of the county. No more than two voting members shall be engaged principally in the buying, selling or developing of real estate for profit, as individuals, or be members of any partnership or officers or employees of any corporation that is engaged principally in the buying, selling or developing of real estate for profit. No more than two voting members shall be engaged in the same kind of occupation, business, trade or profession.
(6) The governing body may designate one or more officers of the county to be nonvoting members of the commission.
(7) Except for subsection (5) of this section, the governing body may provide by ordinance for alternative rules to those specified in this section. [Amended by 1963 c.619 §2; 1973 c.552 §2; 1977 c.766 §1]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.042 - Planning director.

(1) The governing body of each county shall designate an individual to serve as planning director for the county responsible for administration of planning. The governing body shall provide employees as necessary to assist the director in carrying out responsibilities. The director shall be the chief administrative officer in charge of the planning department of the county, if one is created.
(2) The director shall provide assistance, as requested, to the planning commission and shall coordinate the functions of the commission with other departments, agencies and officers of the county that are engaged in functions related to planning for the use of lands within the county.
(3) The director shall serve at the pleasure of the governing body of the county. [1973 c.552 §9]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.044 - Solar access ordinances; purpose; standards.

(1) County governing bodies may adopt and implement solar access ordinances. The ordinances shall provide and protect to the extent feasible solar access to the south face of buildings during solar heating hours, taking into account latitude, topography, microclimate, existing development, existing vegetation and planned uses and densities. The county governing body shall consider for inclusion in any solar access ordinance, but not be limited to, standards for:
(a) The orientation of new streets, lots and parcels;
(b) The placement, height, bulk and orientation of new buildings;
(c) The type and placement of new trees on public street rights of way and other public property; and
(d) Planned uses and densities to conserve energy, facilitate the use of solar energy, or both.
(2) The State Department of Energy shall actively encourage and assist county governing bodies’ efforts to protect and provide for solar access.
(3) As used in this section, "solar heating hours" means those hours between three hours before and three hours after the sun is at its highest point above the horizon on December 21. [1981 c.722 §2]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.050 - Comprehensive planning, zoning and subdivision ordinances; copies available.

(1) Except as provided in ORS 527.722, the county governing body shall adopt and may from time to time revise a comprehensive plan and zoning, subdivision and other ordinances applicable to all of the land in the county. The plan and related ordinances may be adopted and revised part by part or by geographic area.
(2) Zoning, subdivision or other ordinances or regulations and any revisions or amendments thereof shall be designed to implement the adopted county comprehensive plan.
(3) A county shall maintain copies of its comprehensive plan and land use regulations, as defined in ORS 197.015, for sale to the public at a charge not to exceed the cost of copying and assembling the material. [Amended by 1955 c.439 §2; 1963 c.619 §3; 1973 c.552 §4; 1977 c.766 §2; 1981 c.748 §41; 1987 c.919 §5; 1991 c.363 §1]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.060 - Procedure for action on plan; notice; hearing.

Action by the governing body of a county regarding the plan shall have no legal effect unless the governing body first conducts one or more public hearings on the plan and unless 10 days’ advance public notice of each of the hearings is published in a newspaper of general circulation in the county or, in case the plan as it is to be heard concerns only part of the county, is so published in the territory so concerned and unless a majority of the members of the governing body approves the action. The notice provisions of this section shall not restrict the giving of notice by other means, including mail, radio and television. [Amended by 1963 c.619 §5; 1967 c.589 §1; 1973 c.552 §6]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.090 - Information made available to commission.

Public officials, departments and agencies, having information, maps or other data deemed by the planning commission pertinent to county planning shall make such information available for the use of the commission. [Amended by 1977 c.766 §3]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.100 - Cooperation with other agencies.

The county planning commission shall advise and cooperate with other planning commissions within the state, and shall upon request, or on its own initiative, furnish advice or reports to any city, county, officer or department on any problem comprehended in county planning.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.110 - Recommendations for implementation of comprehensive plan; enactment of ordinances; referral; retroactivity.

(1) A planning commission may recommend to the governing body ordinances intended to implement part or all of the comprehensive plan. The ordinances may provide, among other things, for:
(a) Zoning;
(b) Official maps showing the location and dimensions of, and the degree of permitted access to, existing and proposed thoroughfares, easements and property needed for public purposes;
(c) Preservation of the integrity of the maps by controls over construction, by making official maps parts of county deed records, and by other action not violative of private property rights;
(d) Conservation of the natural resources of the county;
(e) Controlling subdivision and partitioning of land;
(f) Renaming public thoroughfares;
(g) Protecting and assuring access to incident solar energy;
(h) Protecting and assuring access to wind for potential electrical generation or mechanical application; and
(i) Numbering property.
(2) The governing body may enact, amend or repeal ordinances to assist in carrying out a comprehensive plan. If an ordinance is recommended by a planning commission, the governing body may make any amendments to the recommendation required in the public interest. If an ordinance is initiated by the governing body, it shall, prior to enactment, request a report and recommendation regarding the ordinance from the planning commission, if one exists, and allow a reasonable time for submission of the report and recommendation.
(3) The governing body may refer to the electors of the county for their approval or rejection an ordinance or amendments thereto for which this section provides. If only a part of the county is affected, the ordinance or amendment may be referred to that part only.
(4) An ordinance enacted by authority of this section may prescribe fees and appeal procedures necessary or convenient for carrying out the purposes of the ordinance.
(5) An ordinance enacted by authority of this section may prescribe limitations designed to encourage and protect the installation and use of solar and wind energy systems.
(6) No retroactive ordinance shall be enacted under the provisions of this section. [Amended by 1963 c.619 §7; 1973 c.696 §22; 1975 c.153 §2; 1977 c.766 §4; 1979 c.671 §2; 1981 c.590 §7]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.135 - Expansion of nonconforming school in exclusive farm use zone.

(1) Notwithstanding ORS 215.130, 215.213 or 215.283 or any local zoning ordinance or regulation, a public or private school, including all buildings essential to the operation of the school, formerly allowed pursuant to ORS 215.213 (1)(a) or 215.283 (1)(a), as in effect before January 1, 2010, may be expanded provided:
(a) The expansion complies with ORS 215.296;
(b) The school was established on or before January 1, 2009;
(c) The expansion occurs on a tax lot:
(A) On which the school was established; or
(B) Contiguous to and, on January 1, 2015, under the same ownership as the tax lot on which the school was established; and
(d) The school is a public or private school for kindergarten through grade 12.
(2) A county may not deny an expansion under this section upon any rule or condition establishing:
(a) A maximum capacity of people in the structure or group of structures;
(b) A minimum distance between structures; or
(c) A maximum density of structures per acre. [2009 c.850 §14; 2019 c.416 §1]
Note:
215.135 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 215 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.170 - Authority of cities in unincorporated area.

The powers of an incorporated city to control subdivision and other partitioning of land and to rename thoroughfares in adjacent unincorporated areas shall continue unimpaired by ORS 215.010 to 215.190 and 215.402 to 215.438 until the county governing body that has jurisdiction over the area adopts regulations for controlling subdivision there. Any part of the area subject to the county regulations shall cease to be subject to the two powers of the city, unless otherwise provided in an urban growth area management agreement jointly adopted by a city and county to establish procedures for regulating land use outside the city limits and within an urban growth boundary acknowledged under ORS 197.251. [Amended by 1963 c.619 §10; 1983 c.570 §4]