reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 226 - City Parks, Memorials and Cemeteries › Section 226.110 - Definitions for ORS 226.120 to 226.240.

As used in ORS 226.120 to 226.240, unless the context requires otherwise:
(1) "Board" means board of city park commissioners.
(2) "City" means incorporated city containing not less than 3,000 inhabitants.
(3) "Commissioner" means city park commissioner. [Amended by 2005 c.22 §171]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 226 - City Parks, Memorials and Cemeteries › Section 226.120 - Composition and selection of board of park commissioners.

The board of park commissioners of the city shall be composed of the mayor and city engineer, if there is one, and if not, the city auditor, together with five citizens thereof, to be appointed by the circuit court in which the city is located. If there is more than one circuit judge in the circuit in which the city is located, the appointment shall be made by all the judges acting together. Not more than three citizens so appointed to the board shall be of the same political party.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 226 - City Parks, Memorials and Cemeteries › Section 226.131 - Vote required for creation of park commission; conduct of election.

The question whether ORS 226.110 to 226.240 shall take effect in a city shall be decided by election as provided in this section. The governing body may submit the question to the electors of the city at an election on a date specified in ORS 221.230. The election shall be conducted under ORS chapters 246 to 260. [1983 c.350 §54 (enacted in lieu of 226.130)]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 226 - City Parks, Memorials and Cemeteries › Section 226.140 - Organization of board; compensation.

The commissioners shall organize at a meeting thereof, to be called by the mayor not less than 30 nor more than 60 days after appointment of the commissioners is complete. The mayor shall be chairperson of the board. Whenever a vacancy occurs in the board appointed under ORS 226.120, the proper judge or judges shall fill the vacancy. Commissioners shall not receive compensation for their services as such.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 226 - City Parks, Memorials and Cemeteries › Section 226.160 - Duties of treasurer.

The city treasurer shall be treasurer of the board. The treasurer shall keep an accurate account of all moneys received and paid out on account of the board apart from all other accounts, and shall pay out no moneys on account of the board, except upon a warrant drawn upon the treasurer by the chairperson or acting chairperson, countersigned by the secretary or acting secretary, of the board.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 226 - City Parks, Memorials and Cemeteries › Section 226.180 - Meetings; requirements for business transactions.

Regular meetings of the board shall be held on the first Tuesday of each month. Special meetings may be called by the chairperson upon application of three members of the board. No business shall be transacted at any meeting of the board without the presence of three or more of the commissioners. No land shall be purchased without concurrence of a majority of the board.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 226 - City Parks, Memorials and Cemeteries › Section 226.210 - General powers of board; rules.

(1) The board shall have full and exclusive control of all parks within or connected with its respective city. For that purpose it may:
(a) Lay out and improve such parks.
(b) Appoint all necessary engineers, surveyors and all other employees, including a police force to act in the parks and fix the amount of their compensation.
(c) Do all acts needful and proper for the protection, care or improvement of the parks.
(d) Make all necessary rules or regulations for the use or government of the parks.
(e) Affix penalties for breaches of the rules or regulations made under paragraph (d) of this subsection. These penalties shall not exceed $20 for any one offense and shall be collected as other fines and penalties are collected in the city where such offense is committed.
(f) Acquire title by purchase, gift, devise or otherwise, to any land it deems desirable for parks, the title to be taken in the name of the city.
(2) The board shall disburse all moneys appropriated, given, received or collected for the improvement or use of the parks.
(3) All contracts for the purchase of land for park purposes shall be made by the board.
(4) If the board, being desirous of acquiring any land for any park, cannot agree with the owner as to the amount to be paid therefor, the board may proceed in the circuit court of the county in which the land is situated, as provided in ORS 223.005 to 223.020 for the appropriation of such land for park purposes.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 226 - City Parks, Memorials and Cemeteries › Section 226.220 - Vote required for special tax levy.

(1) If necessary, the board may provide for payment of land purchases under ORS 226.210 (1)(f) by a special tax, not to exceed one-half mill on the dollar in any one year, on taxable property in the city, to be levied by the board and collected like other city taxes.
(2) Before such tax shall be levied and upon written application of the board, signed by its chairperson and secretary and filed with the proper city official in such cases, the city council, in the manner provided in subsection (3) of this section, shall submit the proposition of the special tax levy to electors of the city at an election on a date specified in ORS 221.230.
(3)(a) If the proposition is approved, the special tax shall be levied and collected like other city taxes and when so collected shall be exclusively under the control of the commissioners, and shall be used exclusively for park purposes according to the commissioners’ judgment.
(b) If the proposition is rejected, the levy shall not be made. [Amended by 1983 c.350 §55; 2023 c.173 §2]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 226 - City Parks, Memorials and Cemeteries › Section 226.230 - Abolition of board.

If the governing body of a city with a park board created under ORS 226.120 decides that the city should abolish the board and transfer its powers, functions and duties, as defined in ORS 226.110 to 226.220, to the governing body of the city, the governing body shall submit the question of the transfer to the electors of the city. The election shall be held on a date specified in ORS 221.230. [Amended by 1983 c.350 §56]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 226 - City Parks, Memorials and Cemeteries › Section 226.240 - Transfer of commission powers on favorable vote.

If the electors of the city approve abolition of the park board under ORS 226.230, the park commission shall cease and the offices of park commissioner terminate within 30 days after the returns of the election have been canvassed. Thereafter, all powers, functions and duties of the park commission shall be exercised and performed by the city council or city commission exclusively, to the same extent as if those powers, functions and duties had originally been vested in and exercised by the city council or the city commission. [Amended by 1983 c.350 §57]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 226 - City Parks, Memorials and Cemeteries › Section 226.310 - Definition of "city" for ORS 226.320 to 226.400; public use.

(1) As used in ORS 226.320 to 226.400, "city" means any incorporated city having 5,000 inhabitants or more.
(2) The taking, using, acquiring and appropriating of private property for any purpose specified in ORS 226.320 to 226.390 is declared to be done for public use.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 226 - City Parks, Memorials and Cemeteries › Section 226.320 - Authority to acquire land for certain purposes.

Whenever the municipal authorities determine by ordinance to do so, the city may purchase, acquire, take, use, enter upon and appropriate land and property within or without its corporate limits for the purpose of:
(1) Public squares, parks, memorial monuments or buildings, pioneer memorials, pioneer museums, memorials and monuments to United States war veterans, sites or buildings for meeting places for such war veterans, auto campgrounds, playgrounds or comfort stations.
(2) Enlarging any public square, park, auto campground, playground or comfort station.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 226 - City Parks, Memorials and Cemeteries › Section 226.340 - Terms of appropriation ordinance.

(1) In the ordinance providing for an appropriation under ORS 226.330, the municipal authorities shall specify and describe the land authorized to be taken, purchased, acquired, used and appropriated. Such land shall not embrace more than 200 feet beyond the boundary line of the property to be used for the public squares, parks or playgrounds in order to protect the same by resale of the neighboring property with restrictions whenever the council determines thereon by ordinance.
(2) The council shall declare in the ordinance that the control of the neighboring property within 200 feet of the boundary lines of the public squares, parks or playgrounds is reasonably necessary in order to protect the public squares, parks or playgrounds, their environs, the preservation of the view, appearance, light, air, health or usefulness thereof.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 226 - City Parks, Memorials and Cemeteries › Section 226.350 - Sale of excess land; restrictive covenants in deed of resale.

After so much land and property referred to in ORS 226.330 as is needed has been appropriated for public squares, parks or playgrounds, the municipal authorities of the city may by ordinance authorize the sale of the remainder of such land or property and impose such restrictions in any deed of resale as may be deemed necessary or proper. The ordinance shall specify correctly and describe the land or property to be sold, and the restrictions in regard to the use thereof. The restrictions shall fully insure the protection of the public squares, parks, or playgrounds, their environs, the preservation of the view and appearance, light, air, health or usefulness thereof, whenever the council shall by ordinance determine thereon and which are to be imposed and inserted in the deed of resale.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 226 - City Parks, Memorials and Cemeteries › Section 226.360 - Application of proceeds from sale of excess land.

The proceeds from resale of any neighboring property taken in excess of what may be necessary for actual construction, opening, widening, extending and laying out of any public square, park or playground as provided in ORS 226.310 to 226.390 shall be deposited in the city treasury and used in payment of interest and as a sinking fund to retire any bond issues authorized under ORS 226.390. Any surplus arising from such transaction shall be turned over to and for the use of the park department of the city.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 226 - City Parks, Memorials and Cemeteries › Section 226.370 - Notice and conduct of sale of excess land.

Before selling the neighboring lands or property acquired under ORS 226.320 to 226.360, or any part thereof or any right or interest therein, the municipal authorities of the city shall give a notice of such sale by publication for five successive days in one or more daily newspapers of the city having a general circulation therein and by posting a similar notice in two conspicuous places in or upon the property described and referred to in the notice. The notice shall describe the property to be sold and shall state any restrictions under which the property will be sold and the terms of sale. The notice shall further state that sealed proposals will be received by an officer of the city named in the notice at the office of the officer for such purchase until the day and hour named therein. At the time appointed, such municipal authority shall open the proposals and shall either award to the highest responsible bidder for the purchase of the property; or at their discretion, reject any or all bids, and readvertise in the manner provided in this section.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 226 - City Parks, Memorials and Cemeteries › Section 226.380 - Condemnation procedure.

When it is intended by the municipal authorities of the city to take, use and appropriate private property for any of the purposes mentioned in ORS 226.320 to 226.340 and the owners and the municipal authorities cannot agree upon compensation and damages arising therefrom, compensation and damages shall be considered, ascertained, determined, awarded and paid in the manner provided by general laws relative to condemnation or by such means as may be prescribed by the city charter for widening, opening, laying out or extending streets, or for acquiring private property for park purposes, at the option of the municipal authorities.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 226 - City Parks, Memorials and Cemeteries › Section 226.390 - Financing of projects by bond issues.

The municipal authorities may issue bonds for the costs and expenses of acquiring the private property for any of the purposes mentioned in ORS 226.320 to 226.380. The bonds shall be at such rate of interest and for such length of time as the municipal authorities determine, shall be advertised and sold in such manner as the municipal authorities determine and shall be a general obligation of the city. The municipal authorities shall, at the time of issuing the bonds, make provisions for the payment of interest and a sinking fund for the retirement thereof.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 226 - City Parks, Memorials and Cemeteries › Section 226.400 - Construction of memorials or veterans’ facilities in parks within city limits.

The city may permit and authorize the following uses of parks, which are lawful uses of any grounds or premises dedicated as public parks, unless the use thereof for such purposes is forbidden by the terms of the conveyance creating such parks:
(1) The erection and construction of memorial monuments and buildings.
(2) Pioneer memorials and pioneer museums.
(3) Memorials and monuments to United States war veterans.
(4) Buildings for meeting places of pioneer associations or veterans upon any public park within the limits of the city. [Amended by 2005 c.22 §172]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 226 - City Parks, Memorials and Cemeteries › Section 226.410 - Authority to establish facilities for disposition of human remains within or without city limits.

Any incorporated city may acquire, own, maintain and operate cemeteries, crematoria and other facilities authorized for the disposition of human remains either inside or outside its corporate limits, in accordance with such plans as the city governing body deems best. [Amended by 2021 c.296 §27]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 226 - City Parks, Memorials and Cemeteries › Section 226.420 - Acquisition of property of cemetery association.

Any incorporated city may acquire, by purchase or gift, any ground or other property belonging to any cemetery association, situate within the corporate limits of the city, for the purpose of owning, controlling or operating such cemetery and the interment of the body of any deceased person therein, or the disinterment and removal to a different cemetery of the body of any person buried therein, or for any other purpose.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 226 - City Parks, Memorials and Cemeteries › Section 226.430 - Control by city after conveyance.

Whenever any cemetery association transfers to any incorporated city, as provided in ORS 226.420, the ground and property of such cemetery association, from and after such transfer the city shall have exclusive control of such cemetery and all property connected therewith.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 226 - City Parks, Memorials and Cemeteries › Section 226.440 - Sale of lots by city.

Any incorporated city acquiring incorporated cemetery association property as provided in ORS 226.420, may sell or otherwise dispose of any lots or blocks situate in and being a part of such cemetery in the manner prescribed by the common council of such city.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 226 - City Parks, Memorials and Cemeteries › Section 226.450 - Authority to expend funds for maintenance of cemeteries.

All cities owning and controlling lands, lots or parcels of ground used for cemetery purposes may expend, for the purpose of beautifying, caring for and keeping up all such lands and premises, such public funds as have been included for that purpose in their annual budget.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 226 - City Parks, Memorials and Cemeteries › Section 226.510 - Certain cemeteries as menace to public; acquisition and removal of such cemeteries declared public use.

It hereby is found and declared:
(1) That there exists within municipal corporations of the state, cemeteries which have been abandoned and cemeteries which have deteriorated and become dilapidated and overgrown with weeds, trees, shrubs or other uncontrolled growth.
(2) That such cemeteries, by reason of their unsightly appearance, fire hazard, and by reason of their providing a place of concealment conducive to criminal activities and juvenile delinquency, constitute a menace to the health, safety, morals and welfare of the residents of such municipal corporations; and that these conditions necessitate the use of public funds for crime prevention, fire protection, control of juvenile delinquency, accident protection and other public services and facilities.
(3) That the clearance and removal of such cemeteries are public uses and purposes for which public money may be spent, private property acquired, and are governmental functions of municipal and state concern.
(4) That the varied nature of ownership of cemetery plots, the diverse ownership of land, the difficulty of locating interested persons, the existence of unknown graves and remains and other conditions prevent an orderly removal of such remains and clearance of such cemeteries, and because of such conditions, it is in the public interest that such cemeteries be acquired by municipal corporations by eminent domain or otherwise, for the orderly removal of such remains to other suitable place or places and the discontinuance of such cemeteries and the exercise of the power of eminent domain, and the financing of the acquisition and preparation of land by a municipal corporation for disinterment and reinterment is declared a public use and purpose. [1953 c.298 §1]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 226 - City Parks, Memorials and Cemeteries › Section 226.520 - Definitions for ORS 226.510 to 226.640.

As used in ORS 226.510 to 226.640:
(1) "Abandoned cemetery" means a cemetery in which remains have not been interred in the last five years and:
(a) That does not have a known owner;
(b) For which the last known owner is deceased and the title was not conveyed; or
(c) That was owned by an entity that no longer exists and that did not convey title.
(2) "Cemetery" means a tract of land set apart by deed, will or otherwise, for a burial ground, or for the purpose of interring remains.
(3) "Diligent search" means a search reasonably calculated to discover:
(a) Graves from the existence of monuments, contour of land and terrain, fencing, curbing and other evidences of the location of graves; and
(b) The location of remains and whether or not a given plot contains remains, for which it shall be sufficient to employ the method commonly known as probing.
(4) "Municipal corporation" means the governing body of a city incorporated under the laws of this state.
(5) "Remains" means the remains of a deceased person.
(6) "Suitable location" means a cemetery, now in existence or hereafter established, including a portion of a cemetery subject to the provisions of ORS 226.510 to 226.640, where provision is made for the perpetual care and upkeep of the graves. [1953 c.298 §2; 2005 c.22 §173; 2017 c.160 §4]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 226 - City Parks, Memorials and Cemeteries › Section 226.530 - Powers of city to acquire and remove cemeteries to another site.

Any municipal corporation, by and through its governing body, in addition to the powers and privileges heretofore conferred upon municipal corporations by the laws of this state, shall for the purposes of ORS 226.530 to 226.630 have the power to:
(1) Acquire cemeteries and cemetery properties, by eminent domain, conveyance or otherwise.
(2) Acquire real property for the purpose of reinterment of remains.
(3) Disinter remains and remove all gravestones, monuments or other evidences of the location or existence of graves, and to move the same to another site.
(4) Sell, lease or convey land acquired under the authority of ORS 226.530 to 226.630, or through voluntary transfers or otherwise. [1953 c.298 §3]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 226 - City Parks, Memorials and Cemeteries › Section 226.540 - Public hearing concerning abandoned or neglected cemetery.

(1) The governing body of a municipal corporation may hold a public hearing regarding an abandoned cemetery, or deteriorated and neglected cemetery, that is within the boundaries of the municipal corporation if:
(a) The cemetery could, because of its location, endanger the health, welfare, comfort or safety of the public;
(b) The municipal corporation verifies that the State Parks and Recreation Department:
(A) Has not issued a permit to an entity under ORS 226.640 (1) to (5); and
(B) No application for a permit under ORS 226.640 (1) to (5) is pending with the department;
(c) At least 10 percent of the electors of the municipal corporation sign and file a petition for a hearing; and
(d) The municipal corporation publishes notice of the date of the hearing once per week for two weeks prior to the hearing in a newspaper that is generally circulated in the county where the municipal corporation is located.
(2) The governing body of the municipal corporation shall hold the hearing within 60 days after the date on which a petition described in subsection (1) of this section is filed. [1953 c.298 §4; 2005 c.22 §174; 2017 c.160 §5]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 226 - City Parks, Memorials and Cemeteries › Section 226.550 - Governing body to publish resolution or ordinance upon finding that cemetery should be relocated.

Upon a finding by the governing body of a municipal corporation, after such hearing, that a cemetery located within such corporation is abandoned, or has become deteriorated or dilapidated and overgrown with weeds, trees, shrubs or other uncontrolled growth, and is so located as to endanger the health, welfare, comfort or safety of the public, and that the public welfare requires that such cemetery be discontinued, relocated and cleared, the governing body shall publish its findings by ordinance or resolution. [1953 c.298 §5]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 226 - City Parks, Memorials and Cemeteries › Section 226.560 - Expenditure of public funds for removal and reinterment of remains from discontinued cemetery.

Upon the adoption of a resolution or ordinance, as provided for by ORS 226.540 and 226.550, the governing body of said municipal corporation may provide for the expenditure of public funds necessary for the disinterment, removal and reinterment of remains and any and all other expenses incident thereto, including, but not limited to, acquisition of property, cost of court proceedings, publications, fees and other incidental expenses incurred in connection with any proceeding under the provisions of ORS 226.510 to 226.640, and may include the same in the next annual budget of such municipal corporation. [1953 c.298 §6]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 226 - City Parks, Memorials and Cemeteries › Section 226.570 - Power of city to condemn cemetery.

Upon the adoption by the governing body of a municipal corporation of an ordinance or resolution, as provided by ORS 226.540 and 226.550, such governing body shall have the authority, by an action filed in the circuit court of the State of Oregon for the county in which such municipal corporation is located to condemn any cemetery subject to condemnation by the provisions of ORS 226.510 to 226.640. [1953 c.298 §7; 1979 c.284 §124]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 226 - City Parks, Memorials and Cemeteries › Section 226.580 - Parties defendant to condemnation suit.

The complaint in any suit brought under the provisions of ORS 226.510 to 226.640 shall include as defendants the names of all record owners of lots, or plots located in the cemetery sought to be condemned or any portion or parcel of such cemetery, and the names of the heirs of all record owners as shown by the probate records of the county in which such cemetery is located, and shall include any and all other persons having or claiming any interest of any kind or nature in such cemetery, or any lot or plot thereof, who may be joined as defendants and designated as "all other persons or parties having or claiming any right, title, estate or interest." [1953 c.298 §8]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 226 - City Parks, Memorials and Cemeteries › Section 226.590 - Service of summons.

The summons in the action shall be served on all named defendants who, by diligent search, can be found, in a like manner as service of summons in a civil action. Service of summons on named defendants who cannot be found may be made by publication as provided in ORCP 7. Service of summons on the defendants included in the complaint as "all other persons or parties having or claiming any right, title, estate or interest" may be made by publication. The manner of making publication in the case of those defendants designated as "all other persons or parties having or claiming any right, title, estate or interest" shall be the same as provided in the order for publication of summons in the case of named defendants, except that no order shall be required. [1953 c.298 §9; 1979 c.284 §125]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 226 - City Parks, Memorials and Cemeteries › Section 226.600 - Effect of service by publication on persons or parties in interest.

All such persons or parties having or claiming any right, title, estate or interest in the real property in controversy, so served by publication as in ORS 226.590 provided, shall have the same rights as provided by law in case of all other defendants upon whom service is made by publication, and the suit shall proceed against such persons in the same manner as against defendants who are named, upon whom service is made by publication, and with like effect; and any such persons or parties who claim any right, title, estate or interest in said real property in controversy, at the time of the commencement of the suit, duly served as aforesaid, shall be found and concluded by the judgment in such suit, and if the same is in favor of the plaintiff therein, as effectually as if the suit was brought against such defendant by his or her name and constructive service obtained. [1953 c.298 §10; 2003 c.576 §401]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 226 - City Parks, Memorials and Cemeteries › Section 226.610 - Compensation for condemned property determined by jury; factors to be considered.

The matter of compensation, if any, shall be determined by a jury called for such purpose; and the court shall, in addition to other instructions, instruct that the jury shall consider the following factors as a benefit and offset:
(1) The cost of a suitable reinterment site.
(2) The cost of preparation of site and its perpetual care and maintenance.
(3) The cost of removal and reinterment of remains.
(4) The cost of such marker or monument as may be placed at the site of reinterment. [1953 c.298 §11]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 226 - City Parks, Memorials and Cemeteries › Section 226.620 - City acquiring condemned cemetery to proceed with removal and reinterment of remains.

Whenever any municipal corporation shall have proceeded under ORS 226.510 to 226.640, and a judgment of the court shall vest in said municipal corporation the title to such cemetery properties, as referred to herein, by eminent domain, such municipal corporation shall proceed with the removal of remains, stones, monuments and any and all evidences of a grave, and provide for reinterment in a suitable location, within a reasonable time after the entry of a general judgment, and the expiration of the time for appeal therefrom, or the final disposition of any appeal which may be filed in connection with the judgment. [1953 c.298 §12; 2003 c.576 §402]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 226 - City Parks, Memorials and Cemeteries › Section 226.630 - Acts to be done by city in removing and reinterring remains; compliance as complete defense in action for damages.

(1) The removal of remains, headstones and other evidence of the locations of graves, and the clearance of the cemetery property, may be done under the direct supervision of the governing body of the municipal corporation, or such commission as such governing body may appoint, and such removal, reinterment, clearance and other acts in connection with this program shall be sufficient, if the following specific acts are done:
(a) If all of the remains that can be located within said cemetery, after a reasonable search for such remains, as in ORS 226.520 defined, has been conducted, are removed in a manner reasonably providing for respectful and careful treatment of such remains, and providing for reinterment and recommitment, in a respectful manner.
(b) If the identity of remains is preserved in so far as reasonably practicable, having due regard to the conditions of the cemetery, the condition and location, or dislocation of stones and monuments, and other factors related to the particular project, and, in so far as practicable, the identity shall be shown upon the relocation of said graves in a new location, by the erection of suitable markers at the location of such graves.
(c) In the event that there are remains in such cemetery which cannot be identified, all of such remains may be interred in a section of the new cemetery site, and the same may be marked by one suitable monument, which shall contain the names of persons, known to have been interred in said cemetery, but whose remains could not be identified.
(2) It shall be a complete defense, in any action brought by any person for damages against the municipal corporation, or other persons or organization affecting such relocation and reinterment, as above described, upon any grounds whatever, to plead and prove a substantial compliance with the provisions of this section. [1953 c.298 §13]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 226 - City Parks, Memorials and Cemeteries › Section 226.640 - Issuance of permit to restore, maintain and preserve abandoned cemetery; rules.

(1) The State Parks and Recreation Department may issue a permit to an entity to restore, maintain and preserve an abandoned cemetery.
(2) An entity issued a permit under subsections (1) to (5) of this section may:
(a) Restore, maintain and preserve the grounds of the abandoned cemetery;
(b) Take custody, for the time during which the entity holds a valid permit, of documents relating to the abandoned cemetery for the purpose of restoration and preservation of those documents; and
(c) Establish a fund to collect donations for the restoration, maintenance and preservation of the abandoned cemetery.
(3) A permit issued under subsections (1) to (5) of this section does not authorize the permit holder to inter remains in the abandoned cemetery.
(4) An entity that holds a permit issued under subsections (1) to (5) of this section is not liable:
(a) For reasonable alterations made during restoration to memorials, roadways, walkways, plantings or other details or features of the abandoned cemetery.
(b) To a person who claims burial rights, ancestral ownership or an unrecorded claim to the abandoned cemetery.
(c) In contract or tort for personal injury, death or property damage that arises out of the use of the abandoned cemetery if the principal purpose for the use is for maintenance or visitation of the abandoned cemetery, or for similar activities. This paragraph does not limit the liability of an entity for intentional injury or damage.
(5) The department shall revoke a permit issued under subsections (1) to (5) of this section if the entity dissolves or otherwise ceases to exist.
(6) The department may adopt rules to carry out the provisions of subsections (1) to (5) of this section, including but not limited to:
(a) Establishment of a permit application and issuance process;
(b) Criteria to determine whether an entity is qualified to restore, maintain and preserve an abandoned cemetery;
(c) A process through which the department may communicate with a municipal corporation regarding a permit issued to restore, maintain and preserve an abandoned cemetery located within the boundaries of the municipal corporation;
(d) A method to determine whether an entity is dissolved or otherwise ceases to exist; and
(e) Other rules necessary to carry out the provisions of subsections (1) to (5) of this section. [2017 c.160 §§2,3]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 226 - City Parks, Memorials and Cemeteries › Section 226.990 - Penalties.

Violation of ORS 226.190 is punishable, upon conviction, in the same manner and to the same extent as for a crime defined in ORS 164.043, 164.045, 164.055 and 164.057. [Amended by 1971 c.743 §347; 1987 c.907 §14]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 227 - City Planning and Zoning › Section 227.020 - Authority to create planning commission.

(1) A city may create a planning commission for the city and provide for its organization and operations.
(2) This section shall be liberally construed and shall include the authority to create a joint planning commission and to utilize an intergovernmental agency for planning as authorized by ORS 190.003 to 190.130. [Amended by 1973 c.739 §1; 1975 c.767 §2]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 227 - City Planning and Zoning › Section 227.030 - Membership.

(1) Not more than two members of a city planning commission may be city officers, who shall serve as ex officio nonvoting members.
(2) A member of such a commission may be removed by the appointing authority, after hearing, for misconduct or nonperformance of duty.
(3) Any vacancy in such a commission shall be filled by the appointing authority for the unexpired term of the predecessor in the office.
(4) No more than two voting members of the commission may engage 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 engages principally in the buying, selling or developing of real estate for profit. No more than two members shall be engaged in the same kind of occupation, business, trade or profession. [Amended by 1969 c.430 §1; 1973 c.739 §2; 1975 c.767 §3]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 227 - City Planning and Zoning › Section 227.090 - Powers and duties of commission.

(1) Except as otherwise provided by the city council, a city planning commission may:
(a) Recommend and make suggestions to the council and to other public authorities concerning:
(A) The laying out, widening, extending and locating of public thoroughfares, parking of vehicles, relief of traffic congestion;
(B) Betterment of housing and sanitation conditions;
(C) Establishment of districts for limiting the use, height, area, bulk and other characteristics of buildings and structures related to land development;
(D) Protection and assurance of access to incident solar radiation; and
(E) Protection and assurance of access to wind for potential future electrical generation or mechanical application.
(b) Recommend to the council and other public authorities plans for regulating the future growth, development and beautification of the city in respect to its public and private buildings and works, streets, parks, grounds and vacant lots, and plans consistent with future growth and development of the city in order to secure to the city and its inhabitants sanitation, proper service of public utilities and telecommunications utilities, including appropriate public incentives for overall energy conservation and harbor, shipping and transportation facilities.
(c) Recommend to the council and other public authorities plans for promotion, development and regulation of industrial and economic needs of the community in respect to industrial pursuits.
(d) Advertise the industrial advantages and opportunities of the city and availability of real estate within the city for industrial settlement.
(e) Encourage industrial settlement within the city.
(f) Make economic surveys of present and potential industrial needs of the city.
(g) Study needs of local industries with a view to strengthening and developing them and stabilizing employment conditions.
(h) Do and perform all other acts and things necessary or proper to carry out the provisions of ORS 227.010 to 227.170, 227.175 and 227.180.
(i) Study and propose such measures as are advisable for promotion of the public interest, health, morals, safety, comfort, convenience and welfare of the city and of the area within six miles thereof.
(2) For the purposes of this section:
(a) "Incident solar radiation" means solar energy falling upon a given surface area.
(b) "Wind" means the natural movement of air at an annual average speed measured at a height of 10 meters of at least eight miles per hour. [Amended by 1975 c.153 §3; 1975 c.767 §4; 1979 c.671 §3; 1981 c.590 §8; 1987 c.447 §118]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 227 - City Planning and Zoning › Section 227.095 - Definitions for ORS 227.100 and 227.110.

As used in ORS 227.100 and 227.110, "subdivision" and "plat" have the meanings given those terms in ORS 92.010. [1955 c.756 §28]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 227 - City Planning and Zoning › Section 227.100 - Submission of plats for subdivisions and plans for street alterations and public buildings to commission; report.

All subdivision plats located within the city limits, and all plans or plats for vacating or laying out, widening, extending, parking and locating streets or plans for public buildings shall first be submitted to the commission by the city engineer or other proper municipal officer, and a report thereon from the commission secured in writing before approval is given by the proper municipal official. [Amended by 1955 c.756 §26]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 227 - City Planning and Zoning › Section 227.110 - City approval prior to recording of subdivision plats and plats or deeds dedicating land to public use within six miles of city; exception.

(1) All subdivision plats and all plats or deeds dedicating land to public use in that portion of a county within six miles outside the limits of any city shall first be submitted to the city planning commission or, if no such commission exists, to the city engineer of the city and approved by the commission or engineer before they shall be recorded. However, 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, if the county governing body has adopted ordinances or regulations for subdivisions and partitions under ORS 92.044, land within the six-mile limit shall be under the jurisdiction of the county for those purposes.
(2) It shall be unlawful to receive or record such plat or replat or deed in any public office unless the same bears thereon the approval, by indorsement, of such commission or city engineer. However, the indorsement of the commission or city engineer of the city with boundaries nearest the land such document affects shall satisfy the requirements of this section in case the boundaries of more than one city are within six miles of the property so mapped or described. If the governing bodies of such cities mutually agree upon a boundary line establishing the limits of the jurisdiction of the cities other than the line equidistant between the cities and file the agreement with the recording officer of the county containing such boundary line, the boundary line mutually agreed upon shall become the limit of the jurisdiction of each city until superseded by a new agreement between the cities or until one of the cities files with such recording officer a written notification stating that the agreement shall no longer apply. [Amended by 1955 c.756 §27; 1983 c.570 §5; 1991 c.763 §25]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 227 - City Planning and Zoning › Section 227.120 - Procedure and approval for renaming streets.

Within six miles of the limits of any city, the commission, if there is one, or if no such commission legally exists, then the city engineer, shall recommend to the city council the renaming of any existing street, highway or road, other than a county road or state highway, if in the judgment of the commission, or if no such commission legally exists, then in the judgment of the city engineer, such renaming is in the best interest of the city and the six mile area. Upon receiving such recommendation the council shall afford persons particularly interested, and the general public, an opportunity to be heard, at a time and place to be specified in a notice of hearing published in a newspaper of general circulation within the municipality and the six mile area not less than once within the week prior to the week within which the hearing is to be held. After such opportunity for hearing has been afforded, the city council by ordinance shall rename the street or highway in accordance with the recommendation or by resolution shall reject the recommendation. A certified copy of each such ordinance shall be filed for record with the county clerk or recorder, and a like copy shall be filed with the county assessor and county surveyor. The county surveyor shall enter the new names of such streets and roads in red ink on the county surveyor’s copy of any filed plat and tracing thereof which may be affected, together with appropriate notations concerning the same. The original plat may not be corrected or changed after it is recorded with the county clerk. [Amended by 2001 c.173 §4]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 227 - City Planning and Zoning › Section 227.160 - Definitions for ORS 227.160 to 227.186.

As used in ORS 227.160 to 227.186:
(1) "Hearings officer" means a planning and zoning hearings officer appointed or designated by a city council under ORS 227.165.
(2) "Permit" means discretionary approval of a proposed development of land, under ORS 227.215 or city legislation or regulation. "Permit" does not include:
(a) A limited land use decision as defined in ORS 197.015;
(b) A decision which determines the appropriate zoning classification for a particular use by applying criteria or performance standards defining the uses permitted within the zone, and the determination applies only to land within an urban growth boundary;
(c) A decision which determines final engineering design, construction, operation, maintenance, repair or preservation of a transportation facility which is otherwise authorized by and consistent with the comprehensive plan and land use regulations; or
(d) An expedited land division, as described in ORS 197.360. [1973 c.739 §6; 1975 c.767 §5; 1991 c.817 §8a; 1995 c.595 §13; 2015 c.260 §5]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 227 - City Planning and Zoning › Section 227.165 - Planning and zoning hearings officers; duties and powers.

A city may appoint one or more planning and zoning hearings officers, to serve at the pleasure of the appointing authority. Such an officer shall conduct hearings on applications for such classes of permits and zone changes as the council designates. [1973 c.739 §7; 1975 c.767 §6]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 227 - City Planning and Zoning › Section 227.170 - Hearing procedure; rules.

(1) The city council shall prescribe one or more procedures for the conduct of hearings on permits and zone changes.
(2) The city council shall prescribe one or more rules stating that all decisions made by the council on permits and zone changes will be based on factual information, including adopted comprehensive plans and land use regulations. [1973 c.739 §8; 1975 c.767 §7; 1997 c.452 §3]