§ 8209-1.4. Protests.  


Latest version.
  • Written protests to the establishment of any proposed area of benefit for any particular improvement under Section 8209-1 of this Code and Section 66484 of the Subdivision Map Act may be filed with the Clerk of the Board of Supervisors by the owners of real property within the proposed area of benefit at any time prior to the close of the required public hearing. If such written protests are filed by the owners of more than one-half of the area of the property to be benefitted by an improvement, and sufficient protests are not withdrawn so as to reduce the area represented to less than one-half of that to be benefitted, then the proposed proceedings shall be abandoned, and the Board of Supervisors shall not, for one year from the filing of that written protest, commence or carry on any proceedings for the same improvement or acquisition under the provisions of Section 8209-1 of this Code and Section 66484 of the Subdivision Map Act.

    Nothing in this Section shall preclude the processing and recordation of maps in accordance with other provisions of this Code and Subdivision Map Act if proceedings are abandoned.

    Any protests may be withdrawn in writing by the property owner making the same at any time prior to the conclusion of the required public hearing.

    If any majority protest is directed against only a portion of the improvement, then all further proceedings under the provisions of Section 8209-1 of this Code and Section 66484 of the Subdivision Map Act to construct that portion of the improvement so protested against shall be barred for a period of one year, but the Board of Supervisors shall not be barred from commencing new proceedings not including any part of the improvement or acquisition so protested against. Nothing in this subsection shall prohibit the Board of Supervisors, within such one-year period, from commencing and carrying on new proceedings for the construction of a portion of the improvement so protested against if it finds, by the affirmative vote of four-fifths of its members, that the owners of more than one-half of the area of the property to be benefitted are in favor of going forward with such portion of the improvement or acquisition.