§ 11-36-403. Resolution of necessity - Assessment of cost - Notice of hearing.

Section 36-403. The proposed assessment roll shall be submitted by the engineer to the governing body, which shall examine the same and correct any errors which may appear therein.  The governing body shall adopt a resolution approving the assessment roll and declaring the work of improvement necessary to be done.  The resolution shall:  1.  State that the assessment roll, as approved, is on file in the municipal clerk's office;

2.  Set forth the time and place that the governing body will hold a hearing on any complaints or objections that may be made concerning the apportionment and assessment of costs for the improvement.  The date of the hearing shall be not less than five (5) nor more than fifteen (15) days after the date of the last publication; and

3.  Direct that notice be given by publication of the resolution for not less than five (5) nor more than ten (10) days in a daily newspaper of general circulation in the municipality, or by publication for four (4) consecutive weeks in a weekly newspaper of general circulation in the municipality.

A copy of the notice of the nature and amount of the assessment shall also be mailed by restricted delivery mail to the owners of land liable to assessment for the cost of the improvement, directed to the address of such owner as shown on the assessment roll, which mailing shall be not less than ten (10) days before the first hearing.  The notice by restricted delivery mail shall be considered cumulative of the notice by publication.

Laws 1977, c. 256, § 36-403, eff. July 1, 1978; Laws 1978, c. 196, § 2, eff. July 1, 1978. der