Effective 5/4/2022 11-42b-102. Designating an assessment area — Levying and paying an assessment – Requirements and prohibitions. (1) Subject to the requirements of this part, the legislative body of a specified county intending to levy an assessment on benefitted properties to pay for beneficial activities shall adopt an ordinance or resolution designating an assessment area. […]
Effective 5/4/2022 11-42b-103. Petition to designate assessment area — Requirements — Management plan contents. (1) The process for a specified county to designate an assessment area is initiated by the filing of a petition with the legislative body of the specified county. (2) A petition under Subsection (1) shall: (a) include a proposed management plan […]
Effective 5/4/2022 11-42b-104. Notice of proposed assessment area — Requirements. (1) If the legislative body of a specified county receives a petition that meets the requirements of Section 11-42b-103, the legislative body shall give notice of the proposed assessment area. (2) The notice under Subsection (1) shall: (a) include the following information: (i) a statement […]
Effective 5/4/2022 11-42b-105. Protests. (1) An owner of a benefitted property that is proposed to be assessed and who does not want the benefitted property to be included in the assessment area may, within 30 days after the day of the hearing described in Section 11-42b-106, file a written protest with the legislative body: (a) […]
Effective 5/4/2022 11-42b-106. Public hearing. (1) On the date and at the time and place specified in the notice under Section 11-42b-104, the legislative body shall hold a public hearing. (2) (a) The legislative body: (i) subject to Subsection (2)(a)(ii), may continue the public hearing from time to time to a fixed future date and […]
Effective 5/4/2022 11-42b-107. Public meeting — Adoption of ordinance or resolution regarding proposed assessment area — Limitations. (1) (a) After holding a public hearing under Section 11-42b-106 and within 90 days after the day that the protest period expires in accordance with Section 11-42b-105, the legislative body shall: (i) count the written protests filed or […]
Effective 5/4/2022 11-42b-108. Amendments to management plan — Procedure — Notice requirements. (1) After the legislative body adopts an ordinance or resolution approving a management plan as provided in Subsection 11-42b-107(1)(c)(ii) and contracts with a third party administrator to provide beneficial activities within the assessment area, the legislative body may amend the management plan if: […]
Effective 5/4/2022 11-42b-109. Renewal of assessment area designation — Procedure — Disposition of previous revenues. (1) Upon the expiration of an assessment area, the legislative body may, for a period not to exceed 10 years, renew the assessment area as provided in this section. (2) (a) If there are no changes to the management plan […]
Effective 5/4/2022 11-42b-110. Dissolution of assessment area — Procedure — Disposition of revenues. (1) The legislative body may dissolve an assessment area before the assessment area expires as provided in this section. (2) The legislative body may not dissolve an assessment area under Subsection (1) unless: (a) (i) the legislative body determines there has been […]
Effective 5/4/2022 11-42b-111. Action to contest assessment or proceeding. (1) A person who contests an assessment or any proceeding to designate an assessment area may commence a civil action against the specified county to: (a) set aside a proceeding to designate an assessment area; or (b) enjoin the levy or collection of an assessment. (2) […]
Effective 5/4/2022 11-42b-112. No limitation on other county powers. (1) This chapter does not limit a power that a specified county has under other applicable law to: (a) make an improvement or provide a service; (b) create a district; (c) levy an assessment or tax; or (d) issue a bond or a refunding bond. (2) […]
Effective 5/4/2022 11-42b-113. Severability. A court’s invalidation of any provision of this chapter does not affect the validity of any other provision of this chapter. Enacted by Chapter 376, 2022 General Session
