1. (1) The governing body of a municipal corporation may hold a public hearing regarding an abandoned cemetery, or deteriorated and neglected cemetery, that is within the boundaries of the municipal corporation if:

   1. (a) The cemetery could, because of its location, endanger the health, welfare, comfort or safety of the public;

   2. (b) The municipal corporation verifies that the State Parks and Recreation Department:

      1. (A) Has not issued a permit to an entity under ORS 226.640 (1) to (5); and
      2. (B) No application for a permit under ORS 226.640 (1) to (5) is pending with the department;
   3. (c) At least 10 percent of the electors of the municipal corporation sign and file a petition for a hearing; and
   4. (d) The municipal corporation publishes notice of the date of the hearing once per week for two weeks prior to the hearing in a newspaper that is generally circulated in the county where the municipal corporation is located.
2. (2) The governing body of the municipal corporation shall hold the hearing within 60 days after the date on which a petition described in subsection (1) of this section is filed.

[1953 c.298 §4; 2005 c.22 §174; 2017 c.160 §5]