Section 980-E. Notice and hearing  


Latest version.
  • (a) After the filing of the district plan
      in  the  office of the municipal clerk, the legislative body may adopt a
      resolution and shall enter the same in the minutes of  its  proceedings.
      This resolution shall contain a copy of the district plan, any report of
      the  planning  commission  or board, the fact that a district plan is on
      file in the municipal clerk's office for public inspection and the  time
      when  and  the  place  where  the  legislative body will meet and hold a
      public hearing to hear all persons interested in the subject thereof.
        (b) The resolution shall also contain a statement that  any  owner  of
      real  property,  deemed  benefited  and  therefore  within the district,
      objecting to the plan must file  an  objection  at  the  office  of  the
      municipal  clerk  within thirty days of the conclusion of the hearing on
      forms made available by the clerk, and, further, that if (1)  owners  of
      at  least  fifty-one  percent  of  the  assessed  valuation  of  all the
      benefited real property situated within the boundaries of  the  district
      proposed  for  establishment  or  extension,  as  shown  upon the latest
      completed assessment roll of the municipality, or (2) at least fifty-one
      percent of the  owners  of  benefited  real  property  within  the  area
      included  in  the  district  proposed for establishment or extension, so
      file their objections, the district will not be established or extended.
        (c) The legislative body shall cause a copy of  the  resolution  or  a
      summary thereof to be published at least once in the official paper or a
      newspaper   in  general  circulation  in  the  municipality,  the  first
      publication to be not less than ten nor more than thirty days before the
      day set for the hearing required by this section. In addition, not  less
      than  ten nor more than thirty days before the date set for the hearing,
      the legislative body shall cause a copy of the resolution or  a  summary
      thereof  to be mailed to each owner of real property within the proposed
      district at the address shown on the latest municipal  assessment  roll,
      to such other persons as are registered with the municipality to receive
      tax  bills  concerning real property within the proposed district and to
      the tenants of each  building  within  the  proposed  district.  If  the
      legislative  body  publishes  or mails a summary of the resolution, such
      summary shall include the business address of  the  municipal  clerk,  a
      statement  that copies of the resolution shall be made available free of
      charge to the public, the improvements proposed  and  the  maximum  cost
      thereof,   the   total   annual  amount  proposed  to  be  expended  for
      improvements, maintenance and operation, and a statement indicating  the
      rights of owners to object pursuant to subdivision (b) of this section.
        (d)  The  resolution  may  further  state  the  place,  other than the
      municipal clerk's office, where the district plan may  be  inspected  in
      advance  of the hearing, if the legislative body determines that, in the
      public interest, any additional place  of  inspection  is  necessary  or
      desirable.