§ 268.

RECOMMENDATION THAT MAINTENANCE DISTRICT BE FORMED

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.

History

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

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