§ 26-176. Book of assessments; hearing; effect of objections.  


Latest version.
  • When the amount to be assessed against each lot or parcel of land for any improvement shall have been ascertained, the county engineer or other engineer employed by the county mayor shall cause the same to be entered in a well-bound book, prepared for the purpose, and provided by the county mayor, which shall be kept by the county trustee, after the final confirmation of the assessments levied, and which shall show the names of the owners of the property assessed, if known, and opposite each name the description of each lot or parcel of land assessed belonging to such owner, and the amount assessed against each, and shall contain appropriate columns in which payment may be credited and the lien of the assessment market satisfied, and if the name of the owner of the property proposed to be assessed is unknown, such book shall contain under the heading of "owner unknown" a list of the property to be assessed, the owners of which are unknown. After the completion of the proper entries of each improvement the county mayor shall give notice by publication in some daily newspaper of general circulation in the county that the book of assessment for public improvements is in his custody and possession and is open for inspection at his office, and at a time and place named therein, not less than ten days from the date of publication, the county mayor shall hear and determine any objections or defense that may be filed in his office by any owner of property proposed to be assessed against the assessment. The notice shall also state the general character of the improvement, the terminal points thereof, and the general course along which it is to run. All persons whose property it is proposed to assess for the costs of such improvement may at any time on or before the date named in the notice and before the meeting, file in writing with the county mayor any objections or defenses to the proposed assessment against their property, or to the amount thereof, or to the establishment of such improvement district so as to include the property of such objector. If the owners of a majority of the number of acres to be included within the improvement district to be assessed for the construction of such parkway, boulevard or highway, shall object to the establishment of same, or to the assessment of their property for the establishment of same, the establishment of such improvement district shall be abandoned or modified and the course of same changed, so that before final confirmation the establishment of same shall not be objected to by the owner of the majority of the number of acres to be included within the improvement district as finally established. The county mayor, at a meeting on the date named in such notice, or any date to which the meeting may be adjourned, shall hear and determine the objections or defenses of the landowners and after so doing, shall confirm or modify or set aside the assessment, subject to the limitations herein. If no objections or defenses to the assessment or to the amount thereof is filed, or if the property owners objecting fail to appear in person or by attorney, and insist upon same, the assessment shall be confirmed and made final, subject to the limitations set out in this section that no improvement district under the provisions of this article shall be established over the objections or protest of the owners of a majority of the number of acres to be included within the improvement district as finally established.

(Code 1992, § 25-218; Priv. Acts 1925, ch. 423, § 7)