Monterey Municipal Code Art. 1 Improvement Procedure Generally

All public improvements of any nature and kind whatever and the acquisition of real property for the purpose of making such public improvements, when the cost thereof is to be assessed against properties benefited, except street closings where no assessment is to be levied, shall be done pursuant to the general laws of the state or this Code or any other ordinances of the City.

Whenever any proceedings shall be taken by the City for the construction of any public improvement, for the acquisition of any property for public use or for both, where the cost thereof is to be paid in whole or in part by a special assessment levied upon property, and it appears that public convenience and necessity require the improvement, and the necessary proceedings should be taken without complying with the provisions of the Special Assessment Investigation Limitation and Majority Protest Act of 1931, a public hearing shall be held on such question of public convenience and necessity and such hearing shall be called and notice of the time and place thereof shall be given in accordance with the provisions of this Article.

This Article shall not apply to any proceeding under any ordinance or general law of the state which does not require compliance with the Special Assessment Investigation Limitation and Majority Protest Act of 1931.

Before adopting any resolution or ordinance of intention, under or pursuant to any improvement procedure act of the state, a resolution of preliminary determination shall be adopted describing the proposed improvement or acquisition and setting a time and place when and where any persons interested may appear and show cause, if any they have, why the City Council should not find and determine that the public convenience and necessity require the proposed improvement without compliance to the Special Assessment Investigation Limitation and Majority Protest Act of 1931.

The resolution required by Section 18-3 shall contain the date, hour and place of public hearing where protest shall be heard and notice that all persons interested may file written objections with the City Clerk prior to such time set for hearing, and may personally appear at such hearing. A general description shall be given of the improvement to be made or the property to be acquired and it shall set forth the state law or City regulation under which such improvement or acquisition is intended to be made.

Notice of hearing shall be given to the owners of the properties liable to be assessed to pay the cost and expense of the proposed improvement, which notice shall be given in the following manner:

a.A notice setting forth the time and place of the hearing of the public convenience and necessity shall be published twice in the official newspaper of the City at least ten (10) days before the date of such hearing. The first publication shall be before the date of such hearing and the second publication shall be not less than five (5) days before the hearing. The publication of such notice may be combined with that of the resolution of intention.

b.There shall be conspicuously posted along the line of the proposed public improvement and not more than three hundred (300) feet in distance apart, but not less than three in all, notices setting forth the time and place of such meeting. Such posting shall be completed at least ten (10) days before the day set for such hearing. Such notices shall be headed and be of a size and form required for a notice of hearing on resolution of intention, by the improvement act under which it is intended to proceed, and they shall briefly describe the proposed improvement. This notice of hearing may be combined with the notice of hearing on the resolution of intention.

Any person interested, owning or having an interest in real property within the assessment district at or before the time fixed for a hearing pursuant to this Article may file with the City Clerk a written objection to undertaking the proceedings without first complying with the provisions of the Special Assessment Investigation Limitation and Majority Protest Act of 1931. Such objection shall bear the signature of the objector and contain a description of his property and a statement of the nature of his interest therein.

If no protests are filed as provided in this Article, or when such protests have been heard and overruled, the City Council may adopt a resolution finding and determining that the public convenience and necessity require the proposed improvement or acquisitions and that the Special Assessment Investigation Limitation and Majority Protest Act of 1931 shall not apply. Such resolution shall be adopted by no less than four-fifths vote of the City Council and its findings and determinations shall be final and conclusive. Upon adoption of the resolution of convenience and necessity, the City Council shall immediately have jurisdiction to adopt a resolution of intention pursuant to the improvement act under which the improvements or acquisitions are to be made.