§ 193.

ORDER DECLARING INTENTION-PROCEEDINGS

A copy of the order of said Director declaring his intention to recommend to the Supervisors that they order work to be done 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 thereon by said Director. A copy of said order shall be posted in the office of said Director at least 10 days before the date named in said order for action thereon by said 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 work, 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.

No proceeding shall ever 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.

Said notice shall be headed “Notice of Improvement” 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 said Director declaring his intention, its date, and shall briefly describe the work proposed to be done, and shall refer to said order of said Director for further particulars. Said notices shall also set out the proposed district to be assessed to pay the expense of such work. Said district shall be described in the same manner in which it shall be described in the order of said Director declaring his intention as provided for in Section 191 of this Article. Said notices shall also state that it is proposed to assess the property within such district to pay the total or partial expense of such work, as the case may be. Said notices shall also state that all objections to the proposed work or district or otherwise must be filed, in writing, with said 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 Secretary of the Department of Public Works 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 work or improvement. In case any lot, piece or parcel of land liable to be assessed for such work or improvement 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 work or improvement; 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 to such owner may be made to the general delivery of the post office at the City and County.

The Supervisors, before ordering the contemplated work to be done or improvement made, may, if they deem it advisable, require an affidavit to be filed showing that the foregoing requirement for the mailing of such copies of the said order has been complied with. Such affidavit showing such mailing 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 work or improvement. 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.

History

Download

  • Plain Text
  • JSON

Comments