72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
HA to HB 3259
 
LC 2289/HB 3259-2
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 3259
 
                    By COMMITTEE ON JUDICIARY
 
                            April 28
 
  On page 1 of the printed bill, line 2, delete 'creating new
provisions; and'.
  In line 3, after '93.275' insert a comma and delete 'and ' and
before the period insert 'and 453.876'.
  Delete lines 5 through 28 and insert:
  '  { +  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 residence located within 300 feet of the real property
if the real property is in a city; or
  ' (b) A residence located within one quarter mile of the real
property if the real property is in a rural area.
  ' (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. + } ' .
  In line 29, delete '3' and insert '2'.
  On page 2, line 15, delete '4' and insert '3'.
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