Utah § 42b-104 - Notice of proposed assessment area -- Requirements.
Full text of Utah Utah Code § 42b-104 — Notice of proposed assessment area -- Requirements., with citation guidance and answers to common questions.
§ 42b-104. Notice of proposed assessment area -- Requirements.
Effective 5/3/2023 11-42b-104.
Notice of proposed assessment area -- Requirements.
(1)
If the legislative body of a specified county receives a petition that meets the requirements of Section 11-42b-103, the legislative body shall give notice of the proposed assessment area.
a statement that the legislative body received a petition to designate an assessment area under Section 11-42b-103;
(ii)
a statement that the specified county proposes to:
(A)
designate one or more areas within the specified county's geographic boundaries as an assessment area;
(B)
contract with a third party administrator to provide beneficial activities within the proposed assessment area; and
(C)
finance some or all of the cost of providing beneficial activities by an assessment on benefitted properties within the assessment area;
(iii)
a summary of the contents of the proposed management plan, including the information described in Subsection 11-42b-103(2)(a)(i);
(iv)
a statement explaining how an individual can access the petition described in Subsection (2)(a), including the contents of the proposed management plan;
(v)
a statement that contains:
(A)
the date described in Section 11-42b-105 and the location at which a protest under Section 11-42b-105 may be filed;
(B)
the method by which the legislative body will determine the number of protests required to defeat the designation of the proposed assessment area or implementation of the proposed beneficial activities, subject to Subsection 11-42b-107(1)(b); and
(C)
a statement in large, boldface, and conspicuous type explaining that an owner of a benefitted property must protest the designation of the assessment area in writing if the owner objects to the area designation or being assessed for the proposed beneficial activities;
(vi)
the date, time, and place of the public hearing required in Section 11-42b-106; and
(vii)
any other information the legislative body considers appropriate; and
(b)
be published for the proposed assessment area, as a class B notice under Section 63G-30-102, for at least 20 days, but not more than 35 days, before the day of the hearing required in Section 11-42b-105.
(3)
(a)
The legislative body may record the version of the notice that is published or posted in accordance with Subsection (2)(b) with the office of the county recorder.
(b)
The notice recorded under Subsection (3)(a) expires and is no longer valid one year after the day on which the legislative body records the notice if the legislative body has failed to adopt the designation ordinance or resolution under Section 11-42b-102 designating the assessment area for which the notice was recorded.
Section 42b-104 ("Notice of proposed assessment area -- Requirements.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 42b-104?
A common citation format is "Utah Code § 42b-104" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 42b-104 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
