Chapter 35 Business Improvement Districts

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BUSINESS IMPROVEMENT DISTRICTS § 35-11 (b) When the ordinance establishing the district is passed on second reading, the council shall determine whether all proceedings were valid and in conformity with the requirements of this chapter. If the council so determines, it shall make a finding to that effect. The finding shall be final and conclusive. (2004, ord 04-94, sec 1.) Section 35-12. Mailed notice of hearing. (a) The council shall fix the time and place for a hearing on the proposed ordinance establishing the district. The date of the hearing shall not be less than thirty or more than ninety days from the date of introduction of the proposed ordinance. (b) In addition to the public notice given pursuant to applicable law, the County clerk shall also send by first-class mail notice of the council public hearing to each owner of land proposed to be included and assessed in the proposed district. The notice shall be sent to the same address to which the real property tax assessment notice is sent. When more than one person is listed as fee owner or as lessee, one notice sent to one fee owner and to one lessee, as applicable, shall be 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 all interested persons and landowners for or against the establishment of the district, the extent of the district, and the levy 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 this chapter or any special assessment levied under this chapter if the council determines that a reasonable effort 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. (2004, ord 04-94, sec 1.) 35-7