Chapter 1.10


1.10.010    Definitions.

1.10.020    Adoption procedure for administrative ordinance.

1.10.030    Automatic stay of administrative ordinance.

1.10.010 Definitions.

“Administrative ordinance” means an ordinance authorized by a state statute other than ORS 203.035. The authorizing statute shall be cited in the administrative ordinance.

“Legislative ordinance” means an ordinance adopted pursuant to ORS 203.035. A legislative ordinance is the exercise of authority by the board of commissioners over matters of county concern, to the fullest extent allowed by the Constitution and laws of the United States and of this state. [Ord. 669 § 1, 1984.]

1.10.020 Adoption procedure for administrative ordinance.

A. An administrative ordinance must contain an ordaining clause which shall read as follows: “The Marion County Board of Commissioners ordains as follows:” and must be entitled an administrative ordinance.

B. If no commissioner present at the public meeting objects, the administrative ordinance shall be read by title only.

C. At least one week before the first reading of the ordinance, notice shall be given by the inclusion of an administrative ordinance on the agenda of the Marion County board of commissioners for a regularly scheduled public meeting.

D. Written notice that the board will consider adoption of an administrative ordinance shall be posted in the reception area of the board of commissioners’ offices and on the county’s web site at least seven days prior to the date set for the first reading of the administrative ordinance.

E. Written notice of the administrative ordinance shall be forwarded to all members of the public and/or news media who so request.

F. Except as provided in subsection (G) of this section, at least six days following the first reading of the administrative ordinance, the board of commissioners shall read the ordinance a second time and a final vote on the administrative ordinance shall be taken.

G. If a public hearing has been held on the subject matter of the administrative ordinance, the board may adopt the ordinance after first reading.

H. An administrative ordinance adopted becomes effective on the date of adoption, except as provided in MCC 1.10.030. [Ord. 1144 § 2, 2001; Ord. 669 § 2, 1984.]

1.10.030 Automatic stay of administrative ordinance.

Any administrative ordinance adopted following a quasi-judicial public hearing for a comprehensive plan change or zone change or a combination of the two shall be automatically stayed for a period of 21 days. No building permits, septic tank permits, floodway permits, approach road permits, greenway management permits, or any other land use permit shall be issued during the stay. [Ord. 669 § 3, 1984.]