§ 160A-239.3. (Expires July 1, 2013) Petition required. - North Carolina Statutes

§ 160A‑239.3.  (ExpiresJuly 1, 2013) Petition required.

(a)        Petition. – Thecity council may not impose a special assessment under this Article unless itreceives a petition for the project to be financed by the assessment signed byat least a majority of the owners of real property to be assessed who mustrepresent at least sixty‑six percent (66%) of the assessed value of allreal property to be assessed. The petition must include the following:

(1)        A statement of theproject proposed to be financed in whole or in part by the imposition of anassessment under this Article.

(2)        An estimate of thecost of the project.

(3)        An estimate of theportion of the cost of the project to be assessed.

(b)        Petition Withdrawn.– The city council must wait at least 10 days after the public hearing on thepreliminary assessment resolution before adopting a final assessmentresolution. A petition submitted under subsection (a) of this section may bewithdrawn if notice of petition withdrawal is given in writing to the councilsigned by at least a majority of the owners who signed the petition submittedunder subsection (a) of this section representing at least fifty percent (50%)of the assessed value of all real property to be assessed. The council may notadopt a final assessment resolution if it receives a timely notice of petitionwithdrawal.

(c)        Validity ofAssessment. – No right of action or defense asserting the invalidity of anassessment on grounds that the city did not comply with this section may beasserted except in an action or proceeding begun within 90 days afterpublication of the notice of adoption of the preliminary assessment resolution. (2008‑165,s. 3.)