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Municipal Code, Complete - City of Santa Barbara

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10.70.240 Certificate <strong>of</strong> Compliance.<br />

Upon the completion <strong>of</strong> the mailing <strong>of</strong> the notices, the <strong>City</strong> Clerk shall file with the Council a certificate setting<br />

forth the time and manner <strong>of</strong> the compliance with the requirements <strong>of</strong> this chapter for publishing, posting and mailing<br />

notices. (Ord. 4062, 1980.)<br />

10.70.250 Boundary Map.<br />

The provisions <strong>of</strong> sections 3100 and 3101 and 3110 through 3117 <strong>of</strong> the Streets and Highways <strong>Code</strong> <strong>of</strong> the State<br />

<strong>of</strong> California shall apply. (Ord. 4062, 1980.)<br />

10.70.260 Protests; Filing; Presentation.<br />

Any interested person may object to the proposed formation and to the extent <strong>of</strong> the proposed district, or to the<br />

proposed special assessment or to the proposed acquisitions and improvements, or to the estimates <strong>of</strong> cost or to the<br />

proposed issuance <strong>of</strong> bonds by filing a written protest with the <strong>City</strong> Clerk at or before the time set for the hearing.<br />

Such protest must contain a description <strong>of</strong> the property in which each signer there<strong>of</strong> is interested sufficient to identify<br />

the same and, if the signers are not shown on the last equalized assessment roll as the owners <strong>of</strong> such property, must<br />

contain or be accompanied by written evidence identifying the nature <strong>of</strong> signer's interest in such property. The <strong>City</strong><br />

Clerk shall endorse on each protest the date <strong>of</strong> its receipt, and at the same time appointed for the hearing shall present<br />

to the Council all protests so filed. (Ord. 4062, 1980.)<br />

10.70.270 Oral Protests; Testimony.<br />

Oral protests, further written protests and written or oral testimony may be presented at any time prior to the<br />

closing <strong>of</strong> the hearing and shall be duly considered by the Council in reaching its decision. (Ord. 4062, 1980.)<br />

10.70.280 Waiver <strong>of</strong> Protest; Effect.<br />

Any written or oral protest not made at the time and in the manner provided in section 10.70.260 or 10.70.270<br />

shall be deemed to be waived voluntarily by any person who might have made such protest and such person shall be<br />

deemed to have consented to the proposed district, the extent there<strong>of</strong>, the proposed special assessment, the proposed<br />

acquisitions and improvements, the proposed issuance <strong>of</strong> bonds, if any, and any other act, determination, or<br />

proceeding on which protest could be made. (Ord. 4062, 1980.)<br />

10.70.290 Remedy, Revision and Correction <strong>of</strong> Error or Informality by Council.<br />

The Council may remedy, revise, and correct any error or informality in any act, determination, or proceeding <strong>of</strong><br />

the Council or any <strong>of</strong>ficer <strong>of</strong> the city. The Council may confirm, amend, alter, modify, or correct the report in such<br />

manner as to it shall be just and may instruct and direct the person or board making the same to correct it in any<br />

particular. (Ord. 4062, 1980.)<br />

10.70.300 Majority Protest; Overruling Protest; Modification or Confirmation <strong>of</strong> Proposed Assessment.<br />

If the protests filed pursuant to section 10.70.260 and on file with the <strong>City</strong> Clerk at the time fixed for hearing are<br />

against the proposed district or the proposed acquisitions and improvements and the Council finds that such protests<br />

are made by the owners <strong>of</strong> more than one-half <strong>of</strong> the area <strong>of</strong> the land to be assessed and protests are not withdrawn so<br />

as to reduce the protests to less than a majority, no further proceedings shall be taken for a period <strong>of</strong> one year from<br />

the date <strong>of</strong> the decision <strong>of</strong> the Council on the hearing, unless the protests are overruled by an affirmative vote <strong>of</strong> fourfifths<br />

<strong>of</strong> the members <strong>of</strong> the Council. Any person making a protest may withdraw the protest, in writing, at any time<br />

prior to the conclusion <strong>of</strong> the protest hearing. (Ord. 4062, 1980.)<br />

10.70.310 Protest; Hearing and Determination.<br />

At the hearing the Council shall hear and determine all protests filed. (Ord. 4062, 1980.)<br />

10.70.320 Protest; Conclusiveness <strong>of</strong> Decision; Effect <strong>of</strong> Majority Protest.<br />

The Council's decision on the protests shall be final and conclusive. (Ord. 4062, 1980.)<br />

10.70.330 Hearing; Continuances.<br />

The hearing may be continued from time to time at the discretion <strong>of</strong> the Council. (Ord. 4062, 1980.)<br />

270-4 rev. 12/31/95

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