Article VI — Procedure Generally

Objections may be made to ordering improvements or acquisitions, to grades, an assessment, the extent of the district, to any supplemental assessment or reassessment, the legality of any act or proceeding, to changes or to any part of any thereof, at or before the hour set for hearing thereon. (Ord. 859 § 120; Formerly § 16-41)

Protests shall be in writing, signed by the protestant, contain a description of the property owned by him sufficient to identify such property and state his/her interest therein and the nature of the protest. Such protests shall be filed with the City Clerk.

Objections to illegality shall specify the illegality, and no other illegalities need be considered. (Ord. 859 §§ 121, 122; Formerly § 16-42)

The City Council, by the affirmative vote of four-fifths of its members, may overrule protests by the owners of more than half the area to be assessed. (Ord. 859 § 123; Formerly § 16-43)

No hearing need be set for a longer period than the time required for giving notice thereof. (Ord. 859 § 130; Formerly § 16-44)

At the hearing the City Council shall consider and pass upon the protests, may remedy or correct any irregularity and may order any improvement or acquisition to be completed according to the plans and specifications, and to their satisfaction. (Ord. 859 § 131; Formerly § 16-45)

A hearing may be continued. Where any matter is noticed for hearing and is not heard it shall be deemed submitted and may be acted upon at any subsequent meeting. (Ord. 859 § 132; Formerly § 16-46)

During the progress of the project, the legislative body may make changes in the improvements or acquisitions, the boundaries of the proposed assessment district, the assessment or the estimate of costs or in any of the proceedings or procedures under this title. (Ord. 859 § 140; Formerly § 16-47)

Where changes result in extending the boundaries of the assessment district, increasing the total amount to be collected, or increasing improvements or acquisitions or making substitutions therein, or in the proceedings or procedures, they shall not be ordered except after notice of intention to do so is published by one insertion in the newspaper in which the resolution of intention or notice of improvement was published, describing the proposed changes and specifying the time and place of hearing.

(Ord. 859 § 141; Formerly § 16-48)

Protests may only be made against the proposed changes. If no protests are made or such are found to be insufficient or overruled, immediately thereon the City Council may order such changes.

Such changes may be made upon the face of the plans, specifications, estimate, diagram, assessment or other document affected or by an amended or supplemental document.

The lien date of the original assessment shall not be affected by such order. The lien date of such changes shall be the date on which the original assessment was recorded. (Ord. 859 §§ 142 – 145; Formerly § 16-49)

If the first assessment for any improvement or acquisition or if the bonds issued to pay all costs, damages and expenses incurred or to be incurred, including any judgments rendered or to be rendered and the costs and expenses of such action or proceedings or the estimated amount of any thereof, are insufficient, the City Council may order a supplemental assessment to raise such deficit. (Ord. 859 § 150; Formerly § 16-50)

Supplemental assessments shall be made and collected in the same manner as the first assessment as far as possible, or a reassessment may be had therefor and such proceedings may be repeated until sufficient money is raised to pay for the same.

Notice shall be given, protests may be made and such supplemental assessment heard, confirmed and recorded as provided in SCCC § 16.05.470 through § 16.05.490 for modifications.

Proceedings for notices, demand and payment shall be had as provided for in the original assessment.

(Ord. 859 §§ 151 – 153; Formerly § 16-51)