Arizona § 48-2047 - Protest against proposed improvement; protest as bar to improvement proceedings; objection to extent of assessment district; special action

§ 48-2047. Protest against proposed improvement; protest as bar to improvement proceedings; objection to extent of assessment district; special action

A. The owners of a majority of the property fronting on the proposed improvement or, if the cost of the improvement is chargeable on a district, the owners of a majority of the property fronting on the proposed improvement in the assessment district may make a written protest against the improvement within fifteen days after the date of the last publication of the resolution of intention or within fifteen days after the completion of the posting of notices, if such date is after the date of the last publication.

B. The protest shall show a description of the property and the amount of the frontage owned by each signer together with his post office address and shall be filed with the clerk. The clerk shall endorse on the protest the date of delivery to him. The protests so delivered and endorsed, if sufficient, are a bar to further proceedings in making the improvement for six months from the date the protest is filed, unless the owners of one-half or more of the frontage meanwhile petition for the work to be done. No portion of the improvement included in any proceeding barred by the protest may be included in any new proceeding within six months from the date of filing the protest, unless the owners of one-half or more of the property fronting on such portion petition for the work to be included in the new proceeding.

C. If the cost of the improvement is made chargeable on a district, objections to the extent of the district to be assessed to pay the expenses of the improvement may be made by an owner in the assessment district within the time provided for the filing of protests against the work. The objections shall show the amount of frontage owned by each signer and his post office address.

D. If an objection to the extent of the proposed assessment district has been filed, the board shall fix a time for hearing the objection. At least ten days before the hearing the board shall notify the objectors by mail, at the address given by each objector, of the date and location of the hearing.

E. At the hearing, which may be adjourned, the board shall hear and pass on the objections. The board may modify the extent of the proposed assessment district, in which event a new resolution of intention shall be passed containing a description of the modified district. The new resolution shall be published and notice shall be posted as required for an original resolution of intention.

F. A property owner who is damaged or aggrieved by a decision of the board under this section may have the decision reviewed by filing a special action in the superior court in the county in which the district is located.