Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 45 - CITIZEN-INITIATED ENFORCEMENT ORDERS › Section 660-045-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Affected local government or district
means a
			 local government, as defined in ORS
			 197.015(13), or
			 a special district, as defined in ORS
			 197.015(19),
			 against which a requester seeks an enforcement order.
(2)
Commission
means the Land Conservation and Development Commission.
(3)
Corrective
			 action
means an action sought by a requester or required of an
			 affected local government or district by an enforcement order under ORS
			 197.335(1)(c).
			 The term includes revisions to an affected local government or district's
			 comprehensive plan, land use regulations, special district cooperative
			 agreement, urban service agreement, or decision-making process. A corrective
			 action is the remedy for the noncompliance specified by an enforcement
			 order.
(4)
Department
means the Department of Land
			 Conservation and Development.
(5)
Enforcement order
means a final order adopted by
			 the commission in accordance with the provisions of ORS
			 197.319 to
			 197.335 and
			 197.646.
(6)
Interim
			 measure
means a temporary measure required of an affected local
			 government or district by an enforcement order in accordance with ORS
			 197.335(3) to
			 197.335(5). An
			 interim measure is one in effect only while an affected local government or
			 district is bringing itself into compliance with an enforcement order. Interim
			 measures include (but are not limited to) limitations on land use permits,
			 withholding of state-shared revenues, and review of local land use decisions by
			 a hearings officer or by the department.
(7)
Mail
means
			 to convey a document by any of the following means: first-class mail via the
			 United States Postal Service, if verified with a certificate of mailing;
			 certified or registered mail via the United States Postal Service; delivery by
			 commercial carrier, if the carrier guarantees delivery within three days and
			 issues a receipt of transmittal. As used in this division, the word
mail
does not include the transmitting of documents by
			 facsimile (fax), electronic mail (e-mail), or telephone.
(8)
Mediation
means a process in which a collaborative dispute resolution provider, as
			 defined in OAR 137-001-0005(4), assists the requester and the affected local
			 government or district in reaching a mutually acceptable resolution of issues
			 raised in a petition for enforcement. Mediation is a voluntary process
			 available to parties at any stage of an enforcement proceeding.
(9)
Noncompliance
means a state of not being in
			 compliance with a currently applicable comprehensive plan, land use regulation,
			 special district cooperative agreement, urban growth management agreement,
			 goal, rule, or other regulation or agreement, as described in ORS
			 197.320(1) to
			 197.320(10) or
			 in ORS 197.646. The term includes a
			 failure to comply with applicable case law in making a land use decision. The
			 term includes a pattern or practice of decision making that violates an
			 acknowledged comprehensive plan or land use regulation. Noncompliance is the
			 problem that an enforcement order seeks to eliminate through corrective action.
(10)
Pattern of
			 decision making
means a mode, method, or instance of decision
			 making representative of a group of decisions with these characteristics:
(a) The decisions involve the same or related
			 provisions of an acknowledged comprehensive plan, land use regulation, or
			 special district cooperative agreement;
(b) The decisions involve the same or similar
			 geographic areas, plan designations, zones, or types of land use; and
(c) The decisions occurred within the three
			 years preceding the date on which the requester sent the affected local
			 government or district the request described in OAR 660-045-0040, or the
			 decisions are likely to occur after that date.