§ 433.142 — Petition for isolation of contaminated property; contents; hearing; court order

Oregon § 433.142

• Jurisdiction: Oregon
• Vol.: 12
• Title 36: Public Health and Safety
• Ch. 433: Disease and Condition Control; Mass Gatherings; Indoor Air

Text

(1) As used in this section, “to isolate property” means to restrict access to property in a manner that reduces or prevents exposure to a toxic substance by persons.
(2) The Public Health Director or a local public health administrator may petition the circuit court to isolate property if there is reason to believe the property is contaminated with a toxic substance that poses a serious risk to the health and safety of others.
(3) The petition must:
(a) Describe the property subject to isolation;
(b)(A) Describe the reasonable efforts made to obtain voluntary compliance from the owner or custodian of the property with public health measures necessary to isolate the property; or
(B) Explain why reasonable efforts to obtain voluntary compliance are not possible and why the pursuit of these efforts creates a risk of serious harm to others;
(c) Describe the suspected toxic substance and the health effects of exposure to the toxic substance;
(d) Provide information supporting the reasonable belief of the Public Health Director or the local public health administrator that the toxic substance could spread to or contaminate others if remedial action is not taken;
(e) Provide information supporting the reasonable belief of the Public Health Director or the local public health administrator that the toxic substance poses a serious risk to the health and safety of others if the property is not isolated;
(f) Explain why isolation of the property is the least restrictive means available to prevent a serious risk to the health and safety of others; and
(g) Explain whether the property subject to isolation can be decontaminated or whether the property must be destroyed.
(4) The petition must be personally served on the owner or custodian of the property.
(5)(a) The court shall hold a hearing within 72 hours of the filing of the petition, exclusive of Saturdays, Sundays and legal holidays.
(b) For good cause shown, or with consent of the affected owner or custodian of the property, the Public Health Director or the local public health administrator may apply to continue the hearing date for up to 10 days, which continuance the court may grant at its discretion giving due regard to the rights of the affected owner or custodian of the property, the protection of the public health, the severity of the public health threat and the availability of necessary witnesses and evidence.
(c) A hearing may be waived by the owner or custodian of the property.
(6) The court shall grant the petition if, by clear and convincing evidence, the court finds that isolation of property contaminated with a toxic substance is necessary to prevent a serious risk to the health and safety of others. An order authorizing isolation remains in effect until the toxic substance no longer poses a serious risk to the health and safety of others.
(7) The court order must:
(a) Identify the property to be isolated;
(b) Specify factual findings warranting isolation, including a description of the toxic substance believed to be contaminating the property;
(c) Include any conditions necessary to ensure that isolation is carried out within the stated purposes and restrictions of this section; and
(d) Describe the remedial actions necessary to neutralize or remove the contamination.

Legislative History

2007 c.445 §17; 2011 c.721 §7