Section 402 – Notice of assessment and board of equalization hearing.
Effective 7/1/2021 11-42-402. Notice of assessment and board of equalization hearing. Each notice required under Subsection 11-42-401(2)(a)(iii) shall: (1) state: (a) that an assessment list is completed and available for examination at the offices of the local entity; (b) the total estimated or actual cost of the improvements; (c) the amount of the total estimated […]
Section 107 – Accepting donation or contribution.
11-42-107. Accepting donation or contribution. A local entity may accept any donation or contribution from any source for the payment or the making of an improvement in an assessment area. Enacted by Chapter 329, 2007 General Session
Section 108 – Utility connections before paving or repaving is done — Failure to make connection.
11-42-108. Utility connections before paving or repaving is done — Failure to make connection. (1) The governing body may require: (a) that before paving or repaving is done within an assessment area, all water, gas, sewer, and underground electric and telecommunications connections be made under the regulations and at the distances from the street mains […]
Section 109 – Severability.
11-42-109. Severability. A court’s invalidation of any provision of this chapter may not be considered to affect the validity of any other provision of this chapter. Enacted by Chapter 329, 2007 General Session
Section 201 – Resolution or ordinance designating an assessment area — Classifications within an assessment area — Preconditions to adoption of a resolution or ordinance.
Effective 5/5/2021 11-42-201. Resolution or ordinance designating an assessment area — Classifications within an assessment area — Preconditions to adoption of a resolution or ordinance. (1) (a) Subject to the requirements of this part, a governing body of a local entity intending to levy an assessment on property to pay some or all of the […]
Section 202 – Requirements applicable to a notice of a proposed assessment area designation.
Effective 7/1/2021 11-42-202. Requirements applicable to a notice of a proposed assessment area designation. (1) Each notice required under Subsection 11-42-201(2)(a) shall: (a) state that the local entity proposes to: (i) designate one or more areas within the local entity’s jurisdictional boundaries as an assessment area; (ii) provide an improvement to property within the proposed […]
Section 203 – Protests.
Effective 5/12/2015 11-42-203. Protests. (1) An owner of property that is proposed to be assessed and who does not want the property to be included in an assessment area may, within 60 days after the day of the hearing described in Subsection 11-42-204(1), file a written protest: (a) against: (i) the designation of the assessment […]
Section 204 – Hearing.
Effective 5/12/2015 11-42-204. Hearing. (1) On the date and at the time and place specified in the notice under Section 11-42-202, the governing body shall hold a public hearing. (2) (a) The governing body: (i) subject to Subsection (2)(a)(ii), may continue the public hearing from time to time to a fixed future date and time; […]
Section 205 – Unimproved property.
11-42-205. Unimproved property. (1) (a) Before a local entity may designate an assessment area in which more than 75% of the property proposed to be assessed consists of unimproved property, and designation of the assessment area would require that the local entity issue bonds, the local entity shall obtain: (i) an appraisal: (A) of the […]
Section 206 – Public meeting — Adoption of a resolution or ordinance regarding a proposed assessment area — Designation prohibited if adequate protests filed — Recording of resolution or ordinance and notice of proposed assessment.
Effective 5/12/2015 11-42-206. Public meeting — Adoption of a resolution or ordinance regarding a proposed assessment area — Designation prohibited if adequate protests filed — Recording of resolution or ordinance and notice of proposed assessment. (1) (a) After holding a public hearing under Section 11-42-204 and within 15 days after the day that the protest […]