§ 37-13-116 — Notice of public hearing on proposed assessments

Notice of a public hearing on the proposed assessment resolution
shall be given. At least twenty (20) days before the date fixed
for the hearing, the notice shall be published one (1) time in a
newspaper in which the first notice of hearing was published.
Notice shall also be mailed to each owner of real property whose
property will be assessed for part of the cost of the
improvement at the last known address of the owner as shown on
the last completed real property assessment rolls of the county
wherein the affected property is located. In addition, a copy of
the notice shall be addressed and mailed to "owner" at the
street number of each piece of property affected by the
assessment. Each notice shall state that at the specified time
and place the governing body will hold a hearing upon the
proposed assessments and that the owner of any property to be
assessed pursuant to the resolution will be heard on the
question of whether his property will be benefited by the
proposed improvement to the amount of the proposed assessment
against his property and whether the amount assessed against his
property constitutes more than his proper proportional share of
the total cost of the improvement. The notice shall further
state that the owner or owners of any property assessed must
file a written objection pursuant to section 37-303 [§ 37-13-
131] of the statutes if the owner or owners wish to do the
trenching and backfilling on their own property outside of
utility easements and thereby not be obligated to pay the public
utility therefor, if such is permitted by the district and
public utility tariff. The notice shall further state where a
copy of the proposed resolution levying the assessments against
all real property in the district is on file for public
inspection, and that subject to such changes and corrections as
may be made by the governing body, it is proposed to adopt the
resolution at the conclusion of the hearing. The published
notice shall describe the boundaries or area of the district
with sufficient particularity to permit each owner of real
property therein to ascertain that his property lies in the
district. The mailed notice may refer to the district by name
and date of creation and shall state the amount of the
assessment proposed to be levied against the real property of
the person to whom the notice is mailed. In the absence of
fraud, the failure to mail any notice does not invalidate any
assessment or any proceeding under this chapter.