(A) Notice of remonstrance.

(1) The notice of the time and place of the public hearing shall state that the City Council shall hear and consider objections or remonstrances to the proposed improvement by any parties aggrieved thereby. The notice shall be published once a week for two successive weeks in a newspaper of general circulation designated as legal publication by the City Council, and not less than ten days prior to the date set for the hearing.

(2) The notice shall state that the City Council, by resolution, has proposed to create the improvement. The notice shall also include the following:

"Unless the owners of 60% of the property within the local improvement district make and file with the Finance Director/Recorder a written objection and remonstrance against the proposed improvement within ten days from date of the publication of this notice, or present their objections at the public hearing, the Council shall be deemed to have acquired jurisdiction to order the improvement to conform in all particulars to the plans and specifications previously adopted. Any objection or remonstrance shall state the reasons therefor."

(3) The Finance Director/Recorder shall also notify the owner of each lot proposed to be assessed by registered or certified mail, or by personal delivery, of the amount of the assessment proposed for that property, or the date by which objections shall be filed with the Finance Director/Recorder, and of the date of the public hearing.

(4) Whenever a notice is required to be sent to the owner of a lot affected by a proposed assessment, the notice shall be addressed to the owner or his agent. If the address of the owner or his agent is not known, the notice shall be sent to the owner at the city where the property is located.

(5) Any mistake, error, omission or failure with respect to the mailing shall not be jurisdictional or invalidate the assessment proceedings, but there shall be no foreclosure or legal action to collect until notice has been given by personal service upon the property owner, or if personal service cannot be had, then by publication once a week for two successive weeks in a newspaper of general circulation in the city.

(B) Prevention of improvement by remonstrances or at the public hearing. If within ten days from the date of the publication of the notice, the owners of 60% or more of the property within the district file with the Finance Director/Recorder a written objection or remonstrance against the proposed improvement or if the remonstrance be made at the public hearing, the objection or remonstrance shall be a bar to any further proceeding in the making of the improvement for a period of six months, unless the owners of one half or more of the property affected shall subsequently petition.
(Ord. 431, passed 8-23-61)