A. The owner of any property within the proposed district may, not less than two days preceding the hearing, file with the clerk his specific objections in writing. Any objection to the regularity, validity and correctness of the proceedings, including the validity and amount of the preliminary fund assessment, shall be deemed waived unless presented at the time and in the manner specified in this subsection.
B. At the time and place designated for hearing the objections, the governing body of the city shall hear and determine all objections that have been filed. The governing body shall have the power to adjourn the hearing and shall have power by resolution, in its discretion, to revise, correct or confirm any proceedings previously taken.
C. Within fifteen days after the publication of the ordinance forming the parking district, a person who has filed an objection, as provided in Subsection A of this section, shall have the right to appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
History: 1953 Comp., § 14-52-10.2, enacted by Laws 1971, ch. 173, § 7; 1998, ch. 55, § 15; 1999, ch. 265, § 15.
Cross references. — For procedures governing administrative appeals to the district court, see Rule 1-074 NMRA.
The 1999 amendment, effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1" in Subsection C.
The 1998 amendment, effective September 1, 1998, in Subsection A, deleted "or owners" following "owner" and "herein" following "manner", and inserted "in this subsection"; in Subsection B, deleted "so" following "place" and "been", substituted "The" for "and said", deleted "from time to time" following "hearing", and substituted "previously" for "theretofore"; and rewrote Subsection C.
Structure New Mexico Statutes
Article 51 - Greater Municipality Parking
Section 3-51-1 - Greater Municipality Parking Law; short title.
Section 3-51-2 - Finding and declaration of necessity.
Section 3-51-4 - Creation of parking authorities.
Section 3-51-5 - Powers of city.
Section 3-51-6 - Interested officers and employees.
Section 3-51-7 - Planning, zoning and building laws.
Section 3-51-8 - Lease of parking facilities.
Section 3-51-9 - Formation of district by governing body; provisional order.
Section 3-51-10 - Formation of district by petition.
Section 3-51-11 - Formation of district; provisional order hearing; notice.
Section 3-51-12 - Formation of district; provisional order hearing; conduct; appeal.
Section 3-51-13 - Formation of district; ordinance forming district.
Section 3-51-14 - Preliminary fund assessment; purpose; limit.
Section 3-51-15 - Levying, collecting and use of preliminary fund assessment.
Section 3-51-16 - Determination of location, size and nature of project.
Section 3-51-17 - Preparation of plans and estimates.
Section 3-51-19 - Appraisal of benefits.
Section 3-51-20 - Preparation of assessment rolls.
Section 3-51-21 - Inclusion of benefited property not within the proposed boundaries.
Section 3-51-22 - Notice of hearing; revision or confirmation of assessment; levy; court action.
Section 3-51-23 - Alternative assessment procedure; annual levies.
Section 3-51-24 - Lien for assessments.
Section 3-51-25 - Payment; interest; penalties.
Section 3-51-26 - Personal liability of owners for indebtedness.
Section 3-51-27 - Recording of claim of lien.
Section 3-51-28 - Enforcement of lien.
Section 3-51-29 - Real property in more than one district.
Section 3-51-30 - Real property in more than one district; maximum assessments.
Section 3-51-31 - Real property in more than one district; objections; notice; hearing.
Section 3-51-32 - Power to issue bonds.
Section 3-51-33 - Refunding bonds.
Section 3-51-34 - Liability of bonds; prohibition on impairment of payment.
Section 3-51-35 - Bonds; special funds from which payable.
Section 3-51-36 - Form and sale of bonds.
Section 3-51-37 - Provisions of bonds and trust indentures.
Section 3-51-38 - Construction of bond provisions.
Section 3-51-39 - Filing proceedings with attorney general.
Section 3-51-40 - Remedies of an obligee.
Section 3-51-41 - Additional remedies conferrable to an obligee.
Section 3-51-42 - Bonds; exemption from taxation.
Section 3-51-43 - Aid from federal government.
Section 3-51-44 - Contracts; leases; increase of revenue.
Section 3-51-45 - Greater Municipality Parking Law controlling.
Section 3-51-46 - Passenger motor vehicle of a person with a disability; parking privilege.