§ 18-3-303. ABUTTING PROPERTY OWNERS - PETITION TO IMPROVE PUBLIC ROAD.

(a)

Petition filed with county; fee. The owners of property abutting a public road may request the county to improve the road to a greater extent than planned by the county by:

(1)

Submitting a petition of the owners of two-thirds of the assessable front footage; and

(2)

Depositing with the county a sufficient sum of money, as determined by the Director of Public Works, to cover the cost of surveys and other expenses necessary to examine and report on the need for and the cost of the requested improvement.

(b)

Determination by county.

(1)

After reviewing the Director's report on the need for and the cost of the requested road improvement, the county shall determine whether to make the improvement.

(2)

If the county determines that the improvement should be made, the county shall then determine the proportion of the cost of the improvement the abutting property owners shall pay, provided the proportion is not less than 15% and not more than 50% of the cost of the improvement.

(c)

Assessment of costs.

(1)

The county may:

(i)

Determine the amount of each property owner's assessment of the cost of the improvement; and

(ii)

Assess the cost.

(2)

The determination of the amount of each property owner's assessment is not final until:

(i)

The county provides notice to the person affected by the assessment; and

(ii)

The person affected by the assessment has the opportunity to be heard by the County Administrative Officer or designee.

(3)

The decision by the County Administrative Officer or designee is final.

(1988 Code, § 31-48) (Bill No. 3, § 2, 3-30-1990; Bill No. 66-01, § 2, 7-1-2004)