Or. Admin. Code § 736-050-0135

Current through Register Vol. 63, No. 12, December 1, 2024

Section 736-050-0135 - Removal of Special Assessments

(1) The SHPO may investigate a property's continued qualification for special assessment by its own initiative or at the request of other parties as described in ORS 358.509. SHPO may contact the property owner informally to determine the basic merits of the concerns.

(2) If changes to the property have been approved by the local governing body in accordance with ORS 358.500(4) and are part of the approved Preservation Plan, then SHPO cannot disqualify the property, and no further investigation will be pursued.

(3) If, in the opinion of SHPO, further investigation is warranted, SHPO shall contact the property owner in a timely manner by certified letter to request a report as authorized by ORS 358.500(3), and, if deemed appropriate, a site inspection. The letter shall include:

(a) Property identification;

(b) Reason for request of information;

(c) Request for a detailed response; and

(d) Information on appeal process.

(4) The property owner must submit a written report to SHPO within 30 days of receipt of the letter addressing all of the issues outlined in the letter. Failure to respond or to address all of the issues may be grounds for disqualification of the property from special assessment.

(5) SHPO shall respond to the property owner's report within 30 days with one of the following determinations:

(a) Continues to qualify;

(b) Continues to qualify with conditions (if the conditions are not met within the specified time, SHPO may initiate disqualification without further notice); or

(c) No longer qualifies.

(6) The determination by SHPO shall be in writing and shall be sent to the property owner, the county assessor, and the governing body.

(7) A property owner may appeal the SHPO determination to the Historic Assessment Review Committee (HARC) (ORS 358.511) in accordance with the appeal process described in OAR 736-050-0140.

Or. Admin. Code § 736-050-0135

PR 7-1984, f. & ef. 12-6-84; PR 2-1992, f. & cert. ef. 5-1-92; PR 11-1995, f. & cert. ef. 12-21-95; PRD 4-2002, f. & cert. ef. 4-10-02; PRD 3-2006, f. & cert. ef. 5-8-06; PRD 14-2009(Temp), f. & cert. ef. 9-28-09 thru 3-26-10; PRD 4-2010, f. & cert. ef. 2-3-10

Stat. Auth.: ORS 358.545

Stats. Implemented: ORS 358.500, 358.509, 358.515 & 358.525