A. For any public hearing held pursuant to this section prior to January 1, 2009, the following provisions shall apply:
Not less than forty-five (45) days after mailing the notice of the proposed property related fee or charge in accordance with this chapter, the city council shall hold a public hearing on the proposed fee or charge. At the public hearing the city council shall consider all protests against the proposed fee or charge. If written protests against the proposed fee or charge are presented by a majority of record owners of each of the parcels that will be subject to the fee or charge, the fee or charge shall not be imposed. In the case of an increase in an existing fee or charge, a successful majority protest shall have no effect upon the existing fee or charge. Any protest that is irregular for any reason, including, but not limited to, those that are made by persons or entities not the record owner of a parcel that will be subject to the fee or charge, may be rejected by the city council.
B. For any public hearing held pursuant to this section on or after January 1, 2009, the following provisions shall apply:
Not less than forty-five (45) days after mailing the notice of the proposed property related fee or charge in accordance with this chapter, the utilities rate advisory commission established pursuant to Chapter 13.02 of this code shall hold a public hearing on the proposed fee or charge. At the public hearing the commission shall consider all protests against the proposed fee or charge. If written protests against the proposed fee or charge are presented by a majority of record owners of each of the parcels that will be subject to the fee or charge, the fee or charge shall not be imposed. In the case of an increase in an existing fee or charge, a successful majority protest shall have no effect upon the existing fee or charge. Any protest that is irregular for any reason, including, but not limited to, those that are made by persons or entities not the record owner of a parcel that will be subject to the fee or charge, may be rejected by the commission. (Ord. 2008-001 § 4; Prior code § 62.08.803)