Laserfiche WebLink
ORDINANCE NO. NS- <br />Page three <br />(1) Such apportioned fees shall be <br />applicable to all property within the area of <br />benefit and shall be payable as a condition of <br />issuing a building permit for such property or <br />portions thereof. Where the area of benefit <br />includes lands not subject to the payment of fees <br />pursuant to this section, the City Council shall <br />make provisions for payment of the share of im- <br />provement cost apportioned to such lands from other <br />sources. <br />(2) Written protests shall be received <br />by the City Clerk at any time prior to the close of <br />the public hearing. If written protests are filed <br />by the owners of more than one -half of the area of <br />the property to be benefitted by the improvement, <br />and sufficient protests are not withdrawn so as to <br />reduce the area represented by the protests to less <br />than one -half of the area to be benefitted, then <br />the proposed proceedings shall, be abandoned, and <br />the City Council shall not, for one year from the <br />filing of said written protests, commence or carry <br />on any proceedings for the same improvement under <br />the provisions of this section. Any protests may <br />be withdrawn by the owner making the same, in <br />writing, at any time prior to the close of the <br />public meeting. <br />(3) If any majority protests are direc- <br />ted against only a portion of the improvement, <br />then all future proceedings under the provisions <br />of this section to construct that portion of the <br />improvement so protested against shall be barred <br />for a period of one year, but the City Council <br />shall not be barred from commending new proceedings <br />not including any part of the improvement so pro- <br />tested against. Such proceedings shall be commenced <br />by a new notice and public hearing as',set .forth in <br />subsection (f) above. <br />(4) Nothing in this section shall pro - <br />hibit the City Council, within such one -year period, <br />from commencing and carrying on new proceedings for <br />the construction of an improvement or portion of <br />the improvements so protested against if it finds, <br />by the affirmative vote of four - fifths of its <br />members, that the owners of more than one -half of <br />the area of the property to be benefitted are in <br />favor of going forward with such improvement or <br />portion thereof. <br />