11-42b-104. Notice of proposed assessment area -- Requirements.

438 words·~2 min read·/ut/title-11/chapter-42b/11-42b-104·

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Effective 5/3/2023

(1)If the legislative body of a specified county receives a petition that meets the requirements of Section 11-42b-103 , the legislative body shall give notice of the proposed assessment area.

(2)The notice under Subsection

(1)shall:

(a)include the following information:

(i)a statement that the legislative body received a petition to designate an assessment area under Section 11-42b-103 ;

(ii)a statement that the specified county proposes to:

(A)designate one or more areas within the specified county's geographic boundaries as an assessment area;

(B)contract with a third party administrator to provide beneficial activities within the proposed assessment area; and

(C)finance some or all of the cost of providing beneficial activities by an assessment on benefitted properties within the assessment area;

(iii)a summary of the contents of the proposed management plan, including the information described in Subsection 11-42b-103(2)(a)(i) ;

(iv)a statement explaining how an individual can access the petition described in Subsection (2)(a) , including the contents of the proposed management plan;

(v)a statement that contains:

(A)the date described in Section 11-42b-105 and the location at which a protest under Section 11-42b-105 may be filed;

(B)the method by which the legislative body will determine the number of protests required to defeat the designation of the proposed assessment area or implementation of the proposed beneficial activities, subject to Subsection 11-42b-107(1)(b) ; and

(C)a statement in large, boldface, and conspicuous type explaining that an owner of a benefitted property must protest the designation of the assessment area in writing if the owner objects to the area designation or being assessed for the proposed beneficial activities;

(vi)the date, time, and place of the public hearing required in Section 11-42b-106 ; and

(vii)any other information the legislative body considers appropriate; and

(b)be published for the proposed assessment area, as a class B notice under Section 63G-30-102 , for at least 20 days, but not more than 35 days, before the day of the hearing required in Section 11-42b-105 .

(a)The legislative body may record the version of the notice that is published or posted in accordance with Subsection (2)(b) with the office of the county recorder.

(b)The notice recorded under Subsection (3)(a) expires and is no longer valid one year after the day on which the legislative body records the notice if the legislative body has failed to adopt the designation ordinance or resolution under Section 11-42b-102 designating the assessment area for which the notice was recorded.

Amended by Chapter 435 , 2023 General Session