Oregon Revised Statutes Chapter 478 § 478.702 — Annexing lands to district

Annexing lands to district. (1) As used in this section: (a) “Annex” means to add lands to a district. (b) “Coverage area” means an area established by a district pursuant to this section that consists of the following: (A) Lands that are included in the district; and (B) Some or all of the lands that are within seven road miles of a fire station in the district and are not included in any other district. (c) “Fire station” means a fire station recognized by a fire insurance rating organization as a fire station that is equipped and has personnel who respond to calls. (d) “Road” means any public or private thoroughfare that may be used for vehicular traffic. (2) A district may establish the coverage area of the district one or more times, subject to the requirements of subsection (3) of this section. (3)(a) If a district intends to establish a coverage area that includes lands that are within seven road miles of a fire station in any other district: (A) Before establishing the coverage area, the district intending to include the lands must send notice to the other district or districts. (B) The notified district or districts must: (i) Reply not more than 90 days after the notice described in subparagraph (A) of this paragraph is sent; and (ii) State whether the notified district or districts intend to include the lands in the coverage area or areas of the notified district or districts. (b) If the district that provided notice under paragraph (a)(A) of this subsection does not receive a reply or replies within 90 days, as described in paragraph (a)(B) of this subsection, or receives a reply or replies within 90 days indicating that the notified district or districts do not intend to include the lands, the district that provided the notice may include the lands. (c) If the district that provided notice under paragraph (a)(A) of this subsection receives a reply or replies within 90 days, as described in paragraph (a)(B) of this subsection, that states that the other district or districts also intend to include the lands, the districts shall all: (A) Negotiate in good faith to determine which district will include the lands; and (B) Attempt to reach a resolution not more than 90 days after the reply, or after the latest multiple replies, described in paragraph (a)(B) of this subsection is sent. (d) If districts do not reach a resolution described in paragraph (c) of this subsection within 90 days after the reply, or after the latest of multiple replies, described in paragraph (a)(B) of this subsection is sent, the district in which the fire station that is closest to the lands is located shall include the lands. (4) If a district establishes the coverage area of the district, after any applicable requirements in subsection (3) of this section are met, the district shall send notice to any owners of lands within the coverage area that are not included in a district that: (a) Within 90 days after the notice is sent, the owners may consent to add the lands of the owners to the district as described in ORS 478.140 at no cost for adding the lands; and (b) After sending the notice and before consent from the owners is received, or more than 90 days after sending the notice if the district does not receive consent from the owners as described in paragraph (a) of this subsection within the 90 days, the district may decide not to protect the owners’ lands and, if the district provides services at the lands, may bill the owners at three times the cost of the services, as determined based on a state standardized-costs schedule approved by the State Fire Marshal. (5) Notwithstanding any contrary provision of law: (a) A district or county may not charge a fee for adding lands to a district under subsection (4) of this section, including a fee for filing paperwork related to adding the lands. (b) A person or a public body, as defined in ORS 174.109, may not bring an action against a district for declining to protect the lands of owners that do not consent to add the lands of the owners to the district under subsection (4) of this section. (6)(a) If a district bills an owner as described in subsection (4)(b) of this section and the owner does not pay the bill within 60 days, the district may secure payment of the claim by filing an itemized and sworn statement, setting forth the dates of performance and the nature of the services performed, with the county clerk of the county in which the services were rendered. (b) The claim shall constitute a valid lien against the interest of the owner that may be established and enforced in the same manner as provided by law for the enforcement of mechanic’s liens. (c) The county may not charge a fee related to the claim, including a fee related to filing or processing the claim. (7) A person that insures lands within the coverage area of a district: (a) Shall confirm with the district whether the lands are included in