§ 28-5. Determination on the project, notice.  


Latest version.
  • (a)

    After the city manager has presented the report required in section 28-4 for making any public improvement as requested in the resolution of the council, and the council has reviewed the report, a resolution may be passed determining the necessity of the improvement; setting forth the nature thereof; prescribing what part or proportion of the cost of such improvement shall be paid by special assessment upon the property especially benefited, determination of benefits received by affected properties and what part, if any, shall be paid by the city at large; designating the limits of the special assessment district to be affected; designating whether to be assessed according to frontage or other benefits; placing the complete information on file in the office of the clerk where the same may be found for examination; and directing the clerk to give notice of public hearing on the proposed public improvement at which time and place opportunity will be given interested persons to be heard. Such notice shall be given by one publication in a newspaper published or circulated within the city at least seven (7) days prior to the date of the hearing, and by first class mail addressed to each person having an interest in property to be assessed as shown by the last general tax assessment roll of the city, the mailing to be made at least ten (10) full days prior to the date of hearing. The hearing required by this section may be held at any regular, adjourned, or special meeting of the council.

    (b)

    Pursuant to the provisions of section 10.2(a)(3) of the Charter, no public hearing shall be required when a petition for a public improvement is signed by all of the owners of property to be assessed therefore and the council may adopt the resolution to proceed with the public improvement as provided in section 28-6 as though a public hearing had been held.

(Code 1977, § 1.225; Ord. No. 624, § 1, 3-3-03)

State law reference

Special assessment notices and hearings, MCL 211.741 et seq., MSA 5.3534(1) et seq.