7-11-1008. Right to protest -- procedure -- hearing. (1) An owner of property that is liable to be assessed for the program or improvements in the proposed special district has 30 days from the date of the first publication of the notice of passage of the resolution of intention to make a written protest against the proposed program or improvements.
(2) The protest must be in writing, identify the property in the district owned by the protestor, be signed by all of the owners of that property, and be delivered to the clerk of the governing body, who shall endorse on the protest the date of receipt.
(3) (a) For purposes of this section, "owner" means, as of the date a protest is filed, the record owner of fee simple title to the property or the contract buyer on file with the county clerk and recorder.
(b) The term does not include a tenant of or other holder of a leasehold interest in the property.
(4) An owner of property created as a condominium may protest pursuant to the provisions in 7-11-1027.
(5) (a) At the hearing provided for in 7-11-1007, the governing body shall consider all protests.
(b) In determining the sufficiency of protest, each protest must be weighted in proportion to the amount of the assessment to be levied against the lot or parcel with respect to which it is made.
(c) If the protest is made by the owners of property in the proposed district to be assessed for more than 50% of the cost of the proposed program or improvements, in accordance with the method or methods of assessment, further proceedings may not be taken by the governing body for at least 12 months.
(d) In determining whether or not sufficient protests have been filed in the proposed special district to prevent further proceedings, property owned by a governmental entity must be considered the same as any other property in the district.
(e) The decision of the governing body is final and conclusive.
(f) The governing body may adjourn the hearing from time to time.
History: En. Sec. 6, Ch. 286, L. 2009.
