Chapter 14.44 HEARING NOTICE REQUIREMENTS

14.44.010 Manner of giving notice.

14.44.020 Proposed improvement--Contents.

14.44.030 Proposed assessment--Contents.

14.44.040 Combined hearing--Contents.

14.44.050 Publication.

14.44.060 Posting.

14.44.070 Irregularities in posting.

14.44.080 Mailing.

14.44.090 Effect of error in mailing.

14.44.100 Proposed changes or modifications--Hearing.

14.44.110 Affidavits of compliance.

14.44.120 Adjournment of hearings.

14.44.130 Failure of hearing or adjournment--Council powers.

14.44.140 Applicability.


14.44.010 Manner of giving notice.

Notice of the public hearings, or hearing, upon the proposed improvement and upon the proposed assessments shall be given by publication, posting and mailing as provided in this chapter; and notice of hearings upon proposed changes and modifications shall be given by publication and mailing as provided in Section 14.44.100. The county clerk shall cause such notices to be so given. (Ord. 801 § 1 (part), 1974: prior code § 25-4.1)

14.44.020 Proposed improvement--Contents.

A. The notices of the hearing upon the proposed improvement shall contain:

1. A statement of the fact and date of adoption of the resolution proposing to make the improvements;

2. A brief description of the proposed improvement;

3. A statement of the total estimated cost of the proposed improvement, and of any portions thereof to be paid by the county or contributed by the county or others;

4. A statement of the date, time and place fixed for the hearing;

5. A statement that any person interested may file a protest in writing as provided in Section 14.46.010;

6. A statement of where the resolution and preliminary report may be seen and examined, and referring thereto for further particulars.

B. Each notice to be mailed shall also contain a description of the property in which the addressee appears to have an interest, by Tax Map Key Number or otherwise, and a statement that the property so described is proposed to be assessed to pay a portion of the cost of the proposed improvement. (Ord. 801 § 1 (part), 1974: prior code § 25-4.2)

14.44.030 Proposed assessment--Contents.

A. The notices of hearing upon the proposed assessments shall contain:

1. A brief description of the proposed improvement;

2. A statement of the total estimated cost of the proposed improvement, and of any portions thereof to be paid by the county or contributed by the county or others, as set forth in the assessment report;

3. A statement of the date, time and place fixed for the hearing, and that at such hearing the council will sit as a board of equalization to receive complaints or objections respecting the proposed assessments;

4. A statement of where the assessment report, including the preliminary assessment roll, may be seen and examined, and a reference thereto for further particulars.

B. Each notice to be mailed shall also contain a description of the property in which the addressee appears to have an interest, by Tax Map Key Number or otherwise, and a statement of the amount proposed to be assessed against the property so described. (Ord. 801 § 1 (part), 1974: prior code § 25-4.3)

14.44.040 Combined hearing--Contents.

In the event the public hearings upon the proposed improvement and upon the proposed assessments are combined into a single hearing pursuant to Section 14.46.100, the notices thereof shall be combined and contain all of the matters required by Sections 14.44.020 and 14.44.030, except that the statement provided for in subdivisions A3 and A2 of such sections, respectively, shall be as set forth in the assessment report. (Ord. 801 § 1 (part), 1974: prior code § 25-4.4)

14.44.050 Publication.

Notices to be given by publication shall be published twice a week for two successive weeks in a newspaper of general circulation in the county, the first publication thereof being at least fifteen days prior to the hearing date. (Ord. 801 § 1 (part), 1974: prior code § 25-4.5)

14.44.060 Posting.

Notices to be given by posting shall be posted as conspicuously as possible at least ten days prior to the hearing date, approximately every two hundred and fifty feet along all open streets or highways within the proposed improvement district; provided, that in no event shall less than three such notices be posted, and if there are no such streets or highways, such three notices shall be posted at various places within the proposed improvement district. (Ord. 801 § 1 (part), 1974: prior code § 25-4.6)

14.44.070 Irregularities in posting.

No proceeding shall be held invalid for failure to post any street or streets if Sections 14.44.050 and 14.44.060 have been substantially complied with. (Ord. 801 § 1 (part), 1974: prior code § 25-4.6.1)

14.44.080 Mailing.

Notices to be given by mailing shall be mailed, postage prepaid, to all owners and lessees of land within the proposed improvement district and proposed to be assessed, as named in and at the addresses set forth in the latest filed report of the director of public works, at least two weeks prior to the hearing date. (Ord. 801 § 1 (part), 1974: prior code § 25-4.7)

14.44.090 Effect of error in mailing.

The failure to mail any notice to any owner or lessee of property within the proposed improvement district and proposed to be assessed, or the failure of any such owner or lessee to receive any notice shall not affect the validity of any proceeding taken pursuant to this article, unless a failure to mail any particular notice occurs with respect to a sufficient number of owners or lessees to demonstrate gross negligence or lack of good faith effort in the mailing thereof. (Ord. 801 § 1 (part), 1974: prior code § 25-4.7.1)

14.44.100 Proposed changes or modifications--Hearing.

A. In the event of a hearing pursuant to Section 14.46.130, a copy of the resolution fixing the date and place of hearing upon the proposed changes or modifications shall be published once a week for two successive weeks in a newspaper of general circulation in the county, the first publication of which shall be not less than fifteen days before the hearing date; and copies of the resolution shall be mailed at least two weeks prior to the hearing date in the same manner, and with the same effect with respect to failure to mail or receive, as provided in Section 14.44.080 and 14.44.090, respectively. In the event that the proposed changes or modifications include an increase of the amount to be assessed against any property above the amount set forth therefor in the mailed notice of hearing upon the proposed assessments, the copy of the resolution mailed to the owner or owners, and lessee or lessees, if any, of the property shall contain a description of the property and a statement of the proposed increase of the amount to be assessed against the property.

B. If the proposed changes or modifications relate only to addition of assessable land to the improvement district, or to the increase of any assessment, the resolution need only to be mailed to all owners, and lessees, if any, of property within such additional territory, or whose assessments are to be increased, or both, as the case may be. (Ord. 801 § 1 (part), 1974: prior code § 25-4.8)

14.44.110 Affidavits of compliance.

Upon completion of the publication, posting and mailing of any notices required to be given by the provisions of this chapter, affidavits setting forth the time and manner of giving such notices shall be filed with the county clerk. (Ord. 801 § 1 (part), 1974: prior code § 25-4.9)

14.44.120 Adjournment of hearings.

Any hearing that has been duly commenced, at the date and place fixed therefor, and at the time fixed therefor or as soon thereafter as those interested may be heard, may be adjourned, from time to time, to a date, time and place fixed at the time of adjournment thereof, until such hearing has been duly closed. (Ord. 801 § 1 (part), 1974: prior code § 25-4.10)

14.44.130 Failure of hearing or adjournment--Council powers.

Whenever in any proceedings under this article, a time and place for any hearing by the council is fixed and, from any cause, the hearing is not then and there held or regularly adjourned to a time and place fixed, the power of the council in the premises shall not thereby be divested or lost, but the council may proceed anew to fix a time and place for the hearing, and cause notice thereof to be given by publication at least once in a newspaper of general circulation in the county, such publication to be at least one week before the new date of the hearing, and thereupon the council shall have power to act as in the first instance. (Ord. 801 § 1 (part), 1974: prior code § 25-4.11)

14.44.140 Applicability.

No proceeding shall be invalidated or affected by any error or mistake or departure from the provisions of this article or any other ordinance or resolution as to the officer or person publishing, posting, mailing, or procuring the publication or posting or mailing of any notice, resolution, ordinance or other matter required by this article to be published, posted or mailed when the same is actually published, posted, or mailed as required by this article. (Ord. 801 § 1 (part), 1974: prior code § 25-4.12)