A city referred to the housing acceleration program under OAR
660-008-0310 to OAR 660-008-0320 and the department must enter into a housing
acceleration agreement under ORS 197A.130(6) within six months of the
publication of an audit by the department. Under an adopted housing
acceleration agreement, the city must take actions by deadlines specified in
the housing acceleration agreement as described in OAR 660-008-0330. The
department will take the following actions in response to non-compliance with a
housing acceleration agreement in furtherance of timely and effective
implementation of a housing acceleration agreement:
(1) If the city fails to enter or abide the
terms of a housing acceleration agreement under OAR
660-008-0330 by the
prescribed deadline, the department must issue written notice to the city
within 30 days.
(a) If the department does not
provide a housing acceleration agreement to the city at least 90 days before
the deadline under OAR
660-008-0330(1), the city has not materially breached a
term of the housing acceleration agreement.
(b) If the department does not fulfill an
action specified in an adopted housing acceleration agreement necessary for the
local fulfilment of the agreement, including the provision of technical
assistance or funding under OAR
660-008-0330(2)(a)(A), the city has not
materially breached a term of the housing acceleration agreement.
(2) In any notice under section
(1), the department must include:
(a) The date
of the notice;
(b) The specific
delinquent actions and deadlines that the city is required to
fulfill;
(c) A description of the
action or actions the city can take to remedy the delinquency, including
timelines by which the action or actions must be taken;
(d) An offer to enter formal mediation
between the department and the city under section (3);
(e) A description of the enforcement actions
that the department will take against the city if action is not taken within 90
days, including the initiation of an enforcement order under ORS 197.320(13);
and
(f) A description of the
potential enforcement tools provided in ORS 197.335(6) that could be applied in
an enforcement order.
(3) Within 30 days of the notice date, a city
may request formal mediation with the department to remedy the identified
delinquency.
(a) If requested, the department
will enter formal mediation with the city to identify specific actions and
resources needed to remedy the delinquency.
(b) The department may grant a limited
extension to a city's prescribed deadline in a housing acceleration agreement
under OAR
660-008-0330 to accommodate the implementation of actions and
resources identified in mediation.
(4) Within 90 days of notice under section
(1), if a local government has not taken action to remedy the delinquency
described in subsection (2)(c) and has not entered formal mediation with the
department, the department will initiate an enforcement order under ORS
197.320(13). In initiating an enforcement order, the department will recommend
an order to the commission as authorized under 197.335(6), including:
(a) The specific action or actions necessary
to remedy the identified delinquency;
(b) Required application of model ordinances
and procedures developed by the department to all residential development
within the city until the specific action or actions identified in the order
are undertaken; and
(c) Other
enforcement provisions under ORS 197.335(6) that are relevant and necessary to
remedy the identified delinquency.
(5) The department may grant limited
extensions to any of the deadlines of this rule for emergencies, good cause, or
other factors outside of the city's control. The department must provide a
written decision within 30 days of the city's request for a timeline extension,
specifying the rationale for the extension and any revised timeline.
