7-13-2282. Hearing on assessment. (1) At the time fixed, the board of directors shall meet and hear all objections and for that purpose may adjourn from day to day.
(2) The board of directors may by resolution modify the assessment in whole or in part. A copy of the resolution, certified by the secretary, must be delivered to the county clerk and recorder of the county in which the lot, tract, or parcel is located within 2 days after passage of the resolution.
(3) At any time within 30 days after the date of the first publication of the notice of proposed assessments, any owner of property to be assessed for the costs of making the improvements may make written protest against the levy of assessments. The protest must be in writing, identify the property in the district owned by the protestor, and be signed by all owners of the property except as provided in 7-13-2290. The protest must be delivered to the secretary of the district not later than 5 p.m. of the last day of the 30-day period provided for in this subsection. The secretary shall endorse the date and hour of receipt on the protest.
(4) If the board of directors finds that a protest with respect to the method or methods of assessment described in the resolution is made by the owners of property in the district to be assessed for more than 50% of the cost of improvements, the board of directors may not use the method or methods of assessment described in the resolution. A protest does not bar the board of directors from adopting subsequent resolutions pursuant to 7-13-2280, using a different method of assessment, and levying the assessments following notice and hearing as provided in 7-13-2281 and this section or, not less than 6 months after the receipt of sufficient protests, instituting proceedings under 7-13-2280, 7-13-2281, and this section proposing the same method of assessment.
History: En. Sec. 4, Ch. 351, L. 1999; amd. Sec. 6, Ch. 341, L. 2005; amd. Sec. 7, Ch. 214, L. 2011.
Structure Montana Code Annotated
Part 22. County Water and/or Sewer Districts
7-13-2203. County water and/or sewer districts authorized
7-13-2204. Petition to create water and/or sewer district
7-13-2205. Notice of petition -- hearing required
7-13-2206. Hearing on petition -- protest
7-13-2207. Effect of certain irregularities
7-13-2208. Decision on petition -- election required -- exception
7-13-2209. Application to include benefited lands
7-13-2211. Ballot question for creating district
7-13-2212. Qualifications to vote
7-13-2213. Effect of insufficient favorable vote
7-13-2214. Order creating district upon sufficient favorable vote
7-13-2215. Certificate of incorporation from secretary of state
7-13-2216. Limitations on lawsuits challenging formation of district
7-13-2217. General powers of water and/or sewer district
7-13-2218. District powers related to water and sewer projects
7-13-2219. Power to construct works across roads and other obstacles
7-13-2220. Right-of-way across state lands
7-13-2221. Powers related to district finances -- audits
7-13-2222. Conduct of elections
7-13-2225. Combination of elections
7-13-2226. through 7-13-2230 reserved
7-13-2231. Election or appointment of board of directors
7-13-2232. Composition of board of directors
7-13-2233. Qualifications of directors
7-13-2241. Filing declaration of candidacy
7-13-2258. Effect of failure to qualify for office
7-13-2259. Manner of making appointments
7-13-2260. Provision for municipalities not having mayor
7-13-2262. Vacancies on board of directors -- appointment
7-13-2264. through 7-13-2270 reserved
7-13-2271. Organization of board of directors
7-13-2272. Duties of board president
7-13-2273. Compensation of members of board -- approval by voters of district -- public notice
7-13-2274. Conduct of business
7-13-2275. Procedure relating to ordinances and resolutions -- rates, fees, and charges established
7-13-2276. Right of initiative and referendum
7-13-2277. Appointment of administrative personnel
7-13-2278. Duties of administrative personnel
7-13-2279. Performance bonds for administrative personnel
7-13-2280. Levy of special assessments
7-13-2281. Notice of resolution for levy of assessment hearing
7-13-2282. Hearing on assessment
7-13-2283. Collection of assessments by county treasurer -- delinquencies
7-13-2284. Payment of assessment under protest -- action to recover
7-13-2285. Procedure to correct assessment and to relevy
7-13-2286. Certain errors not to invalidate assessments or liens
7-13-2287. Term of payment of assessments
7-13-2288. Interest rate on unpaid assessments