Chapter 559 Oregon Laws 2003

AN ACT

HB 3259

Relating to notification of real property not fit for use; amending ORS 93.275 and 453.876.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 453.876 is amended to read:

453.876. (1) The Director of Human Services or a designee thereof, the State Fire Marshal or a designee thereof or any law enforcement agency may determine that property is not fit for use pursuant to ORS 105.555, 431.175 and 453.855 to 453.912 and applicable rules adopted by the Department of Human Services and may make that determination on site. The determination is effective immediately and renders the property not fit for use.

(2) The owner may appeal the determination, to the agency that made the determination, within 30 working days after the determination, pursuant to rules of the agency, or to circuit court.

(3) The appeal to the agency is not a contested case under ORS 183.310 to 183.550. The question on appeal is limited to whether the site is an illegal drug manufacturing site.

(4) If a determination that property is not fit for use is made under subsection (1) of this section, a local government or the state may provide notice that the real property has been determined to be an illegal drug manufacturing site and not fit for use to:

(a) A person in each residence located within 300 feet of the real property if the real property is located within an urban growth boundary; or

(b) A person in each residence located within one quarter mile of the real property if the real property is not located within an urban growth boundary.

(5) The notice described in subsection (4) of this section shall be in writing and shall include:

(a) The address of the real property that is determined to be not fit for use;

(b) A statement that the determination is subject to appeal and that the real property may be determined to be fit for use if the appeal is successful or if the real property is certified as decontaminated;

(c) The telephone number of the office of the Department of Human Services that is responsible for overseeing the decontamination of illegal drug manufacturing sites; and

(d) The website for the Department of Human Services office responsible for overseeing the decontamination of illegal drug manufacturing sites that contains information on the dangers associated with real property that has been used as an illegal drug manufacturing site.

SECTION 2. ORS 93.275 is amended to read:

93.275. (1) The following are among incidents that are not material facts to a real property transaction:

(a) The fact or suspicion that the real property or a neighboring property was the site of a death by violent crime, by suicide or by any other manner;

(b) The fact or suspicion that the real property or a neighboring property was the site of a crime, political activity, religious activity or any other act or occurrence that does not adversely affect the physical condition of or title to real property;

(c) The fact or suspicion that an owner or occupant of the real property has or had human immunodeficiency virus or acquired immune deficiency syndrome; [and]

(d) The fact or suspicion that a convicted sex offender registered under ORS 181.595, 181.596 or 181.597 resides in the area; and

(e) The fact that a notice has been received that a neighboring property has been determined to be not fit for use under ORS 453.876.

(2) The Legislative Assembly finds that there is no known risk of the transmission of human immunodeficiency virus or acquired immune deficiency syndrome by casual contact.

Approved by the Governor July 8, 2003

Filed in the office of Secretary of State July 8, 2003

Effective date January 1, 2004

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