§ 94-5. Same—Response time and re-petition.
(a)
The county shall furnish, via certified mail, return receipt requested, a letter to the owner(s) of each specially benefited property, notifying said owner(s) of the petition, and providing an estimate of the number of assessment units and estimated dollar value of the assessment against the property of the owner(s). Refusal or failure to acknowledge receipt of said notification letter shall be deemed adequate notice and receipt for purposes of this notification requirement. The owner(s) of each specially benefited property will be allowed 45 calendar days from the date the letter is mailed to respond favorably or unfavorably to the petition, and the owner(s) of each property shall be entitled to one favorable or unfavorable vote per assessment unit assigned to the owner(s) of said property. Those owners of benefited property who do not respond in writing, or whose responses have not been received within 45 calendar days from the date the letter was mailed, may not be considered in the findings of the commission or county staff.
(b)
If the county staff determines that greater than 50 percent of the votes received are not favorable, the staff shall make a determination that the petition failed, and shall not be required to present the petition to the county commission. If, however, the county staff determines that 50 percent or more of the votes received in response to the petition are favorable, the staff must present the petition to the county commission for its consideration.
(c)
Should the county staff determine that the petition failed under this section, the county administrator or his designee may present the petition to the county commission if he determines, in his sole discretion, that consideration of the petition by the board of county commissioners would address a specific need within the area of the proposed improvement.
(d)
Should the staff determines that the petition failed under this section, and the county administrator or his designee has not presented the petition to the county commission pursuant to subsection (c) of this section within 60 days from submission, then the property owners shall not be entitled to initiate any petition to make such improvements or provide the services designated within this article for one year subsequent to the date on which all votes are due to be received by the county.
(Ord. No. 97-08, § IV, 6-10-97; Ord. No. 02-17, § 1, 7-30-02)