§ 265.

ORDER DECLARING INTENTION-PROCEEDINGS

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.

History

(Amended by Ord. 443-74, App. 9/18/74)

Download

  • Plain Text
  • JSON

Comments