(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]
Structure 2021 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.
Section 226.210 - General powers of board; rules.
Section 226.220 - Vote required for special tax levy.
Section 226.310 - Definition of "city" for ORS 226.320 to 226.400; public use.
Section 226.320 - Authority to acquire land for certain purposes.
Section 226.340 - Terms of appropriation ordinance.
Section 226.400 - Construction of memorials or veterans’ facilities in parks within city limits.
Section 226.520 - Definitions for ORS 226.510 to 226.640.
Section 226.530 - Powers of city to acquire and remove cemeteries to another site.
Section 226.540 - Public hearing concerning abandoned or neglected cemetery.
Section 226.610 - Compensation for condemned property determined by jury; factors to be considered.
Section 226.640 - Issuance of permit to restore, maintain and preserve abandoned cemetery; rules.