ORD 2004-094 2002-2004 - Laserfiche WebLink

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sufficient for this subsection. The notice shall be mailed at least fifteen days before the council public hearing and shall contain the following information: (1) A summary of the ordinance establishing the district and the fact that the ordinance and the district plan are on file in the county clerk's office for public inspection; (2) The time and place of the first public hearing on the establishment of the district; (3) A statement that, at the hearing, the testimony of al I interested persons and landowners for or against the establishment of the district, the extent of the district, and the leery of a special assessment will be heard; and (4) A summary of the protest procedure and the form of any protests. (c) Failure to give notice to any owner or failure of any owner to receive such notice shall not affect the validity or effectiveness of the hearing or any other proceedings taken under [his chapter or any special assessment levied under this chapter if the council determines that a reasonable eftiirt was made to give such notice. The council's determination shall be final and conclusive. (d) The hearing may be continued from time to time, but shall be completed within thirty days; except that, if the council finds that the complexity of the proposed changes or the need for public participation requires additional time, the hearing may be continued from time to time for a period not to exceed ninety days from the date of the original hearing. At the conclusion of the hearing, the council, after considering all protests and such other relevant factors (such as the general plan or development plan) as it deems appropriate, may approve the ordinance establishing the district. Section -13. Protest by a majority or more. (a) Protests against the proposed ordinance establishing the district may be made in writing by landowners and if made shall be in such form as may be prescribed by the county clerk. All written protests shall be filed with the county clerk before or at the hearing. The council may waive any irregularities in the form or content of any written protest. Written protests may be withdrawn in writing by the owner who protested at any time before the conclusion of [hc hearing. (b) If the landowners owning lands proposed to be assessed within the district that have a real property tax assessed value of fifty-one percent or more of the total real property tax assessed value of all land proposed to be assessed in the district or if a majority of the owners of land proposed to be assessed in the district file written protests with the council before or at the public hearing against the proposed ordinance establishing the district and if protests are not withdrawn so as to reduce the amount of the protests to less than a majority, the proceedings to create the specified district shall cease. No proceedings to create the district shall again be undertaken for a period of ninety days from the date on which proceedings cease. Council may continue the public hearing or recess the meeting to provide the county clerk time to count the protests and any withdrawals. (c) For the purpose of determining whether the majority of the owners of land have filed protests, the owner of each apartment in a condominium property regime that is specially assessed or proposed to be specially assessed shall have a vote equal to the following fraction: I/the number of apartments in the condominium property regime which are, or are proposed to be, specially assessed. (d) For the purpose of a protest regarding a parcel of land for which a fee owner and lessee appear on the real property assessment list, a protest by the fee owner, the lessee, or both, shall be counted as a protest for that parcel of land. Section -14. District boundaries. (a) A special improvement district may include areas of land that are not contiguous. (b) Land may be included in more than one special improvement district. 6