§ 94-22. Abandonment of board-approved projects.  


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  • In the event a service or improvement is abandoned prior to completion because of issues relating to the cost of the project, or for other good cause as determined by the board of county commissioners, all costs incurred to the point of abandonment may be assessed against the properties in the project area.

    Factors that may be utilized in determining whether the costs of an abandoned project should be assessed in full, reduced or eliminated include:

    (1)

    Whether the county administrator or his designee has recommended the discontinuance of the project for lack of revenue, or manpower, or both, to complete the project;

    (2)

    Whether the discontinuation of the project would be of convenience to the county;

    (3)

    Whether actual or potential engineering, legal or fiscal problems developed, thereby making the continuance of the project unfeasible, impracticable, or undesirable due to no fault of the property owners;

    (4)

    Whether collecting the assessments for the discontinued project would result in undue hardship to the subject property owners due to the high cost of the project;

    (5)

    Whether there exist other circumstances, unique to the individual project, which would render an assessment unduly burdensome and oppressive to property owners;

    (6)

    Whether the assessment appears to exceed the special benefits property owners will receive.

    If any of the above factors are found to exist, the board of county commissioners may forgive the cost incurred to the date of abandonment.

(Ord. No. 97-08, § XXI, 6-10-97; Ord. No. 02-17, § 1, 7-30-02)