48-579. Protest against proposed improvement; protest as bar to improvement proceedings; objection to extent of assessment district
451 words·~2 min read·
/az/title-48/48-579A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. The owners of a majority of the frontage of the property fronting on the proposed improvement, or, when the cost of the improvement has been made chargeable upon a district, the owners of a majority of the frontage of property contained within the limits of the assessment district, may make a written protest against the improvement within fifteen days after the date of the last publication of the resolution of intention, or within fifteen days after the completion of the posting of notices by the superintendent of streets if such date is subsequent to the day of the last publication.
B. The protest shall show a description of the property and the amount of the frontage owned by each signer together with his post office address, and shall be filed with the clerk who shall endorse thereon the date of delivery to him, and the protests so delivered and endorsed, if sufficient, shall be a bar to any further proceedings in making the improvement for six months from the date the protest is filed, unless the owners of one half or more of the frontage as aforesaid shall meanwhile petition for the work to be done.
No portion of the improvement included in any proceeding barred by the protest shall be included within a new proceeding within six months from filing the protest, unless the owners of one half or more of the frontage of property fronting upon such portion petition for the work to be included in the new proceeding.
C. When the cost of the improvement has been made chargeable upon a district, objections to the extent of the district to be assessed to pay the expenses of the improvement may be made by an owner in the assessment district within the time provided for the filing of protests against the work. The objections shall show the amount of frontage owned by each signer, and his post office address.
D. When an objection to the extent of the proposed assessment district has been filed, the governing body of the municipality shall fix a time for hearing the objection, and the clerk shall notify the objectors by mail at the address given by each objector of the date of the hearing at least ten days prior to the hearing.
E. At the hearing, which may be adjourned, the governing body shall hear and pass upon the objections, and its decision shall be final and conclusive. It may modify the extent of the proposed assessment district, in which event a new resolution of intention shall be passed containing a description of the modified district, which shall be published, and notices thereof posted as required of an original resolution of intention.