72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2289
 
                           B-Engrossed
 
                         House Bill 3259
                  Ordered by the Senate June 12
 Including House Amendments dated April 28 and Senate Amendments
                          dated June 12
 
Sponsored by Representative DINGFELDER; Representatives AVAKIAN,
  BARKER, HANSEN, HASS, HUNT, MACPHERSON, MERKLEY, TOMEI, Senator
  WALKER
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Authorizes local government or state to give written notice to
person who resides near former illegal drug manufacturing site
that real property is determined to be not fit for use. Declares
that receipt of such notice is not material fact to real property
transaction.
 
                        A BILL FOR AN ACT
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.
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