2006 Utah Code - 17A-3-207 — Protests -- Hearing -- Alteration of proposal by resolution -- Adding property to district -- Removal of protesters\' property from district -- Recording requirements -- Waiver of objections.

     17A-3-207.   Protests -- Hearing -- Alteration of proposal by resolution -- Adding property to district -- Removal of protesters' property from district -- Recording requirements -- Waiver of objections.
     (1) (a) Any person who is the owner of property to be assessed in the special improvement district described in the notice of intention may, within the time designated in the notice, file in writing a protest to the creation of the special improvement district or make any other objections relating to it.
     (b) The protest shall describe or otherwise identify the property owned by the person or persons making the protest.
     (2) (a) On the date and at the time and place specified in the notice of intention, the governing body shall, in open and public session, consider all protests filed and hear all objections relating to the proposed special improvement district.
     (b) The governing body may adjourn the hearing from time to time to a fixed future time and place.
     (c) After the hearing has been concluded and after all persons desiring to be heard have been heard, the governing body shall consider the arguments and the protests made.
     (d) The governing body may:
     (i) make deletions and changes in the proposed improvements; and
     (ii) make deletions and changes in the area to be included in the special improvement district that it considers desirable or necessary to assure that adequate improvements will be made in the district.
     (e) The governing body may not provide for the making of any improvements that are not stated in the notice of intention nor for adding to the district any property not included within the boundaries of the district as stated in the notice of intention unless a new notice of intention is given and a new hearing held.
     (3) (a) (i) After consideration and determination as provided in Subsection (2), the governing body shall adopt a resolution either abandoning the district or creating the district either as described in the notice of intention or with deletions and changes made as authorized in this section.
     (ii) The governing body shall abandon the district and not create it if the necessary number of protests as provided in Subsection (b) have been filed on or before the time specified in the notice of intention for the filing of protests, after eliminating from the filed protests:
     (A) protests relating to property or relating to a type of improvement that has been deleted from the district; and
     (B) protests that have been withdrawn in writing prior to the conclusion of the hearing.
     (b) For purposes of this section, the necessary number of protests means any one or more of the following:
     (i) protests representing one-half of the front footage of property to be assessed in cases where an assessment is proposed to be made according to frontage;
     (ii) protests representing one-half of the area of the property to be assessed where an assessment is to be made according to area;
     (iii) protests representing one-half of the taxable value of the property to be assessed where an assessment is proposed to be made according to taxable value;
     (iv) protests representing one-half of the lots to be assessed where an assessment is proposed to be made according to lot; or

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     (v) protests representing one-half of connections to be assessed where an assessment is proposed to be made according to number of connections.
     (c) If less than the necessary number of protests are filed by the owners of the property to be assessed, the governing body may create the special improvement district and begin making improvements.
     (4) Before the completion of construction of the proposed improvements, the governing body may add additional properties to be improved and assessed, but only after:
     (a) the governing body finds that the inclusion of the additional property within the district will not adversely affect the owners of properties already included within the district;
     (b) the governing body obtains a written consent from each owner of the property to be added and improved that includes the legal description and tax identification number of the property, a waiver of any right to protest against the creation of the district, consent to being included within the district, and consent to the making of the proposed improvements with respect to the property to be added; and
     (c) the governing body approves for recording an addendum to the resolution that created the district.
     (5) (a) If the proposed special improvement district is structured to include only properties whose owners have voluntarily consented to an assessment, all properties of owners that have not consented to an assessment by the date specified in the notice of intention shall be deleted from the district.
     (b) The governing body shall then determine whether or not to create the special improvement district considering:
     (i) the amount of the proposed assessment to be levied against the remaining properties within the district; and
     (ii) the benefits to be received by those properties from the improvements proposed to be constructed within the district.
     (6) (a) Any person who fails to file a protest within the time specified, or having filed withdraws the protest, is considered to have waived any objection to the creation of the district, the making of the improvements, and the inclusion of the person's property in the district.
     (b) A waiver does not preclude a person's right to object to the amount of the assessment at the hearing provided for in Section 17A-3-217.
     (7) (a) If the governing entity creates the special improvement district, it shall, within five days from the date of creating the district, file in the county recorder's office in the county in which the district is located a copy of the notice of intention and the resolution creating the district, as finally approved, together with a list of properties proposed to be assessed described by tax identification number and a valid legal description of property within the district.
     (b) If the governing body adds additional properties to be assessed to the district under this section, it shall, within five days from the date of adding these properties, file in the county recorder's office a copy of the addendum referenced in Subsection (4) that includes the legal description and tax identification number of the added property.
     (c) If the governing body deletes any property to be assessed within the district after the district has been created, it shall issue and record a release and discharge of the recorded encumbrance created as a result of the filing required by this section in a form that includes the legal description of the property and otherwise complies with the recording statutes.
     (d) The fee for filing shall be included in the overhead costs of setting up the district as

provided in Section 17A-3-213.

Amended by Chapter 181, 1991 General Session