Sacramento Municipal Code Art. III Notice, Protests and Hearing

The city council shall cause notice of the time, place and purpose of the hearing on the creation of the proposed maintenance benefit area, or on a proposed change of geographical boundary, to be given by the city clerk in accordance with the provisions of Government Code Section 54954.6. Where service fees are proposed to be increased, notice shall also be given in accordance with Government Code Section 54954.6. (Prior code § 55.03.301)

In addition to the requirements specified in Government Code Section 54954.6, the notice shall contain a description of the proposed maintenance benefit area, including any proposed change in geographical boundary area, its proposed services, the information required by Section 3.128.200 of this chapter, and a statement of the time and place of hearing. In lieu of the written description of the boundaries of the proposed maintenance benefit area, the boundary may be shown by means of a diagram or diagrams printed on the notice. (Prior code § 55.03.302)

At any time not later than the close of the hearing on objections to the formation of the proposed maintenance benefit area, or a change of geographical boundary area, or an increase in the service fees, any owner of property liable to be assessed may make written protest against the formation of the proposed maintenance benefit area, or the change in geographical boundary area, or the increased fees. Such protest must be in writing, must contain a description of the property in which each signer thereof is interested sufficient to identify the same and, if the signers are not shown on the last equalized assessment roll of the county of Sacramento as the owners of such property, must contain or be accompanied by written evidence that such signers are the owners of such property. All such protests shall be delivered to the city clerk, and no other protests or objections shall be considered. (Prior code § 55.03.303)

At the time set for hearing protests, the city council shall proceed to hear and pass upon all protests made as required by Section 3.128.130 of this chapter and its decision shall be final and conclusive. The city council may adjourn the hearing from time to time, any such protest may be withdrawn by the owner making same, in writing, at any time prior to the conclusion of said protest hearing or any such adjournment thereof. (Prior code § 55.03.304)

In lieu of hearing and passing upon protests as provided in Section 3.128.140 of this chapter, the city council may close the hearing on receipt of protests, continue consideration of protests received to a day certain, and refer the protests to the city manager for investigation, report and recommendation as to the matters included in the protests. The city manager may delegate the investigation, report and recommendation to other city staff, as appropriate. The report and recommendation shall be in writing, and a copy thereof shall be mailed not less than five days prior to the continued date for consideration of protests to each person who has made a written protest. At the time set for the continued consideration of protests, the city council shall hear and pass upon the report and recommendation, and its decision shall be final. The city council may adjourn the hearing from time to time. Protests may be withdrawn in the same manner as provided in Section 3.128.140 of this chapter. (Prior code § 55.03.305)

If the city council finds that a majority protest has been filed, the proceeding shall be terminated, unless the majority protest is overruled or denied by a vote of four-fifths of the members of the city council. As used herein the term "majority protest" means any protest filed by the owner or owners of real property within the proposed maintenance benefit area who would pay the majority of the estimated service fee stated in the resolution of intention. In the case of a change in geographical boundary area, the term "majority protest" shall also include protests filed by owners within both the area affected by and the area unaffected by the change in geographical boundary area, and who are or will be liable for payment of the majority of the service fee. (Prior code § 55.03.306)

If no protests or objections in writing have been delivered to the city clerk up to the hour set for the hearing thereon or if protests have been found by the city council to be insufficient to constitute a majority protest or if a majority protest is overruled or denied by a vote of four-fifths of the members of the city council, immediately thereupon the legislative body shall acquire jurisdiction to order to formation of the proposed maintenance benefit area or the change in geographical boundary area. Such action shall be taken by resolution adopted by the city council and said resolution shall specify the date upon which the maintenance benefit area so formed or changed shall commence to perform its function. (Prior code § 55.03.307)

If it shall be necessary, in order to find out whether a majority protest exists, to determine whether any or all of the signers of written protests are the "owners" of property included within a proposed or existing maintenance benefit area, the city council may make such determination from the last equalized assessment roll, any written evidence submitted with a written protest, any report made by the city manager concerning the sufficiency of the protest following his or her examination of the last equalized assessment roll, and any other evidence received at the hearing. The city council shall be under no duty to obtain or to consider any other evidence as to ownership of property and its determination or ownership shall be final and conclusive. (Prior code § 55.03.308)