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A copy of the Director's order declaring his intention to recommend the forming of a district shall be published for one day in the official newspaper of said City and County. Such publication shall be made at least 10 days before the date fixed in said order for hearing by the Director. A copy of said order shall be posted in the office of the Director at least 10 days before the date named in the order for action by the Director.
(a) Notice Requirements. Said Director shall cause notices of the making of said order to be conspicuously posted along all the streets within the district chargeable for the expense of the maintenance district, at not more than 300 feet in distance apart, on each street so posted, but not less than three on each street in such district. The notice shall be headed "Notice of Maintenance District" in letters of not less than one inch in height, and shall, in legible characters, state the fact of the adoption of such order of the Director declaring his intention, its date, and shall briefly describe the items proposed to be maintained, and shall refer to said order of the Director for further particulars. Said notices shall also set out the proposed district to be assessed to pay the expense of such maintenance district. Said district shall be described in the same manner in which it shall be described in the order of the Director deciding his intention as provided for in Section 264 of this Article. Said notice shall also state that it is proposed to assess the property within such district to pay the total or partial expense of such maintenance as the case may be. The notices shall also state that all objections to the proposed maintenance district or otherwise must be filed, in writing, with the Director before the day fixed in his said order for action thereon, or must be made orally on said day, or on the day to which action on said order may be postponed. The day, hour and place fixed in said order for action thereon shall also be indicated in said notices.
(b) Mailing Requirements. The Director shall cause to be mailed, at least 10 days prior to the hearing, postage prepaid, a copy of such order to each property owner whose name appears upon the assessment book of the City and County current at the time of the making of such order, and whose property is to be assessed for the proposed maintenance district. In case any lots, piece or parcel of land liable to be assessed for such maintenance district be assessed on such assessment book to "unknown owners," then no copy of such order need be mailed to the owner thereof.
The mailing of such copy of such order shall be to the address as the same appears upon the said assessment book as indicating the address of the owner of the property to be assessed for such maintenance district; and in case no such address appears upon said assessment book, then the mailing of such copy may be made either to an address designated in the last issue of the city directory having relation to a name corresponding to that of such owner, if such a name appear therein, or to an address obtainable from any other probably reliable source of information that may be conveniently available to the person performing such mailing, or such mailing to such owner may be made to the general delivery of the post office at the City and County.
The Board, before ordering the contemplated maintenance district be formed, may, if they deem it advisable, require an affidavit to be filed showing that the foregoing requirement for the mailing such copies of the said order has been complied with. Such affidavit shall be conclusive of the facts therein recited.
Such requirement for such mailing of the copies of the order of intention shall not be deemed jurisdictional, and the failure of the said property owners, or any of them, to receive said copies of the said order, or any error or omission in relation to the said mailing of the same, shall in nowise affect the validity of the proceeding or prevent the Supervisors from acquiring jurisdiction to order the proposed maintenance district. Knowledge of the making of such order of intention acquired by any such owner, prior to the date of action thereon, in any manner other than by mailing to him a copy of such order, shall be deemed the equivalent of such mailing for all purposes to be subserved thereby.
(c) Substantial Compliance. No proceeding shall be held invalid for failure to post any street or streets, as in this Section provided, if the provision of this Section has been substantially complied with. All posting hereby prescribed must be completed at least 10 days before the day set for hearing on said order of said Director declaring his intention.
(Amended by Ord. 443-74, App. 9/18/74)
At any time before the day fixed in said order of the Director for action thereon by the Director, any owner of, or person interested in, property liable to be assessed for the proposed maintenance district or the duly authorized representative of such owner, or other person, in his behalf, may make written protest against the proposed maintenance district, or to the extent of the district to be assessed therefor, or to the benefit formula proposed to be applied, or to more than one of the foregoing, or make any other protest with regard thereto. Such protest must be in writing, must contain a description of the property in which each signer thereof is interested, sufficient to identify the same, must set forth the nature of his interest therein, and must be delivered to the Department of Public Works of the City and County, the Secretary or a clerk of which shall endorse thereon the date of receipt thereof. No other protests or objections shall be considered by the Director, except oral protests made at the time at which the Director conducts the hearing mentioned in his order. At the time set for hearing protests the Director may publicly postpone action on his order from time to time, and all persons interested shall be deemed to have notice of such postponement and shall be governed thereby. The decision of the Director on all such protests shall be final and conclusive except in case of appeal to the Board as in this Article hereinafter provided for.
(Amended by Ord. 91-81, App. 2/20/81)
If any protest against the proposed district or any other protest be sustained by the Director, he shall not thereby be prevented from commencing proceedings anew hereunder which shall embrace the same work and/or the same district or any part or parts of either or both thereof; and new proceedings may be had the same as if all such prior proceedings, no matter how many times instituted, had never been commenced.
If no protests be made against the proposed district, or if all protests made against the same be overruled by the Director, the Director shall accompany his recommendation to the Board that the proposed district be formed, with a diagram on which shall be delineated each separate parcel of land within the limits of such district, the approximate dimensions of each such parcel and its relative location to the work proposed to be done. The correctness of such diagram shall be certified by the City Engineer.
(Amended by Ord. 443-74, App. 9/18/74)
If the protests to the proposed district or other protests be all overruled, or if no protests be made, the Director shall, within five days from the date of his action upon his order declaring his intention, make an order recommending to the Board that it order such district be formed, and the Director shall cause a copy of said last mentioned order to be transmitted to the Board.
(a) Appeal to Supervisors-Procedure. When any protests by persons having any interest in the property to be assessed have been overruled by the Director, an appeal may be taken separately by each such protestant to the Board from the decision of the Director. Each such appeal shall be in writing, and shall be signed by each protestant participating therein with his place of residence set down opposite his signature and with a description of the property in which he is interested sufficient for identification of the same. Such appeal must be filed in the office of the Clerk of the Supervisors within 10 days from the date of said Director's order recommending to the Board that the district be formed, and a copy of such appeal must be filed in the office of the Director within two days after the date of filing such appeal with the Clerk of the Supervisors. No appeal shall be considered by the Board unless the same be taken and perfected in the manner and within the time herein provided.
(b) Order Overruling Protests. When the Director has overruled all such protests, he shall within five days after the date of such action make his order reciting such action, and therein recommend to the Supervisors that they order the proposed maintenance district be formed and transmit a copy of such order to the Board.
(c) Hearing of Appeal-Notice. When an appeal or appeals shall have been taken as herein provided, the Board shall fix a time for hearing. The Clerk of the Supervisors shall thereupon notify the persons filing such an appeal or appeals of the time fixed for the hearing by mailing a notice thereof, postage prepaid, addressed to each of said persons at his address as given in such notice of appeal. The affidavit of said Clerk of said mailing shall be conclusive of the fact.
At the time so fixed for hearing the appeal, the Board shall hear and pass upon the same. Such hearing may be continued from time to time and all persons interested shall be deemed to have notice thereof and shall be governed thereby.
(Amended by Ord. 443-74, App. 9/18/74)
The Board, if they do not deny such appeal, may by resolution delay further proceedings in relation to the proposed maintenance district for not more than one year from the date of the adoption of such resolution.
Upon petition of the appellants the Board may continue with the proceedings from time to time during said period of delay.
Upon expiration of the period of delay so fixed by the Board, the Director may again recommend to the Board that the proposed district be formed, and thereupon the Board, after notice to the appellants as provided for in Section 268 of this Article, shall order the district be formed or may declare an abandonment of all proceedings theretofore had in the manner.
The ordering of any proposed maintenance district shall be by ordinance.
(Amended Ord. by 443-74, App. 9-18-74)
The Director at any stage of the proceedings for any proposed maintenance district prior to action by the Board upon his recommendation that they order the same done, may by order abandon any or all proceedings theretofore had in relation to such proposed district; and the Director may commence said proceedings anew and continue the same from any part of said proceedings not so abandoned. If the Director abandons any or all proceedings after his making an order of recommendation and before action thereon by the Board, he shall cause notice of such fact forthwith to be transmitted to the Board, and the Board shall take no action upon the recommendation in such case.
If the Board pass an ordinance ordering any proposed maintenance district formed pursuant to this Article, it may upon recommendation of Director repeal such ordinance ordering such maintenance district.
The Director, from time to time after he has abandoned any proceedings for any proposed maintenance district pursuant to this Article, may institute and continue proceedings hereunder for the maintenance district theretofore proposed and abandoned, or for such district or modified maintenance district as he may determine the public interest or convenience requires, all in accordance with the procedure prescribed in this Article.
(Amended by Ord. 443-74, App. 9/18/74)
The Board shall thereafter, in each year, prior to the time of fixing the City and County tax rate, estimate the cost of maintaining and operating the said items to be maintained and operated within said maintenance district during the ensuing year. The Board shall decide whether or not the cost of the same shall be borne wholly or partially by the said maintenance district and shall, in addition to all other taxes and assessments, fix annual special assessments for the real property within said maintenance district sufficient to raise an amount of money to cover the entire expense of maintaining said improvements during the ensuing years, or such portion of said amount as the Board shall determine shall be borne by said district, and the Supervisors shall levy a special assessment each year upon the real property in such district, allocated to individual properties within the district according to the benefit formula for that district, in an amount sufficient to pay such entire annual expense, or the portion thereof which must be paid by the district.
(Amended by Ord. 91-81, App. 2/20/81)
The special assessments shall be levied and collected at the same time and in the same manner as the general ad valorem real property tax levy for City and County purposes and when collected shall be paid into the City Treasury to the credit of the fund of the maintenance district and be used for the payment of the expenses of such district. The Board may control and order the expenditure thereof for such purposes.
(Amended by Ord. 91-81, App. 2/20/81)
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