(A) (l) Whenever the Board of Commissioners shall determine to improve any street, avenue, alley, highway, public place, or square, or any portion thereof, within the corporate limits of the city, by excavating, filling, grading, raising, paving, or repaving same in a permanent manner, or by the construction or reconstruction of sidewalks, curbs, and gutters to the extent and out of such materials as the Board of Commissioners may decide upon, and shall propose that part of the cost of such improvement shall be assessed against the property, and the owners of property abutting on said street, avenue, alley, highway, public square, or portion thereof so to be improved, in accordance with the provisions of applicable state law; and shall propose to assess against the owner of any railroad or street railroad occupying any such street, avenue, highway, public square, or portion thereof so to be improved, the cost of the improvement between and under the rails and tracks of that railroad or street railroad, and two feet on the outside thereof, as provided by that Chapter, then in all such cases, before a special assessment is actually levied, or finally determined upon, a full and fair hearing shall be given to the owners of property abutting on such street, avenue, alley, highway, public place, or square, or portion thereof, and to the owner or owners of any railroad or street railroad occupying any portion of the same, preceded by a reasonable notice thereof given to such owners, their agents, or attorneys.
(2) Such notice shall be by advertisement inserted at least three times in some newspaper published in the city, the first publication to be made at least ten days before the date of the hearing.
(B) In addition to the notice by publication as provided by division (A) of this section, the Board of Commissioners may, by resolution, provided also for the mailing to the owners a copy of such notice by registered letter deposited in the United States mail and directed to the owners, if known, or by the service upon such owners in person, or upon the president, general manager, or any agent of any such railroad or street railroad, in person, by any person over the age of 14 years, of a copy of the notice. However, the methods of notice provided by this section shall be merely cumulative of the service of notice by publication mentioned in division (A) of this section. The notice so to be served shall state the time and place of the hearing, the general character of improvements determined upon by the Mayor and Board of Commissioners, the street, avenue, alley, highway, public place, or square, or portion thereof, to be improved, and against the owners thereof, and an estimate of the portion of such cost proposed to be assessed against the owner or owners of any railroad or street railroad occupying such street, avenue, alley, highway, public place or square, or portion thereof.
(C) (1) On the day at the time stated in the notice, any person, firm, or corporation or association interest in any property that may be claimed to be subject to assessment for the purpose of paying the cost of any such improvement or any part thereof, including any railroad or street railroad against the properties of which and/or the owners of which an assessment is proposed, shall be entitled to and shall be afforded a full and fair hearing before the Board of Commissioners, as to all matters affecting the property or any claim of personal liability or objection to any irregularity or invalidity of any of the proceedings with reference to the making of the improvements, or any other objection thereto. At such time such owner shall have the right to contest any assessment proposed to be levied and any personal liability, the regularity of the proceedings with reference to the improvement and the benefit of the improvement to their property, and no assessment shall be made against the owner of any abutting property or against his property in any event, in excess of the benefit to such owner in the enhanced value of his property by means of such improvement, as ascertained at such hearing.
(2) At the hearing aforesaid, the persons, firms, corporations, or associations making objections shall be afforded opportunity to appear in person or by representative or attorney, and produce evidence, and the hearing may be adjourned from time to time by the Board of Commissioners until fully completed, and the Board of Commissioners shall inquire into and determine all such objections.
(D) Nothing herein contained shall be construed as limiting or in any manner affecting any right or privilege granted or afforded any such owners of abutting property or of any railroad or street railroad by the provisions of applicable state law.
(Ord. 131, passed 4-21-24)