7-22-2214. Hearing -- decision. (1) On the date set for the hearing, the governing body shall hear comments on the proposed district. If objections have been filed by owners of at least 51% of the land within the district, the governing body shall deny the petition request and may not create the district. Prior to creating a district, the governing body shall make a finding that creation of the district is in the best interests of the district lands and residents. The decision on whether to grant or deny the petition request must be made within 10 days of the hearing.
     (2) The decision must be made by an order recorded in the minutes of the governing body. If the district is to be created, the order must state the name of the district, describe the district boundaries, and provide any other information needed to describe the land included within the district.
     (3) A landowner within the proposed district after the initial boundaries have been established may, by petitioning the board of county commissioners, have all or a portion of the lands owned by the person removed from consideration for inclusion within the district. However, this landowner shall agree in writing to control rodents on that land within a 250-yard buffer zone of the district boundary.

     History: En. Sec. 7, Ch. 391, L. 1981; amd. Sec. 663, Ch. 61, L. 2007.