Hearing.

San José Municipal Code § 18.20.170

in effect

18.20.170 - Hearing. A. At the time and place established in the resolution of intention, the city council shall hear and consider protests filed against the proposed public facilities project, the extent of the area of benefit, the amount of the facilities benefit assessments proposed to be levied within the area of benefit, or any or all of the foregoing. The hearing may be continued from time to time. B. If the owners of more than one-half of the area of the property proposed to be included within the area of benefit file protests, and sufficient protests are not withdrawn so as to reduce the area represented to less than one-half, the proposed proceedings shall be abandoned unless the protests are overruled by an affirmative vote of four-fifths of the members of the city council. C. The city council shall not overrule a majority protest unless it finds that the public health, safety or general welfare require that provision be made for the installation of the proposed public facilities project(s). D. The city council may deny the public facilities project(s) and establishment of the area of benefit without first approving or overriding the majority protest. E. In the event a majority protest is not withdrawn or overruled, the city council shall not, for one year from the filing of that written protest, commence or carry on any proceedings for the same public facilities project under the provisions of this part. F. If any majority protest which is not withdrawn or overruled is directed against only a portion of the public facilities project, then all further proceedings under the provisions of this part to construct that portion of the public facilities project so protested against shall be barred for a period of one year; but the city council shall not be barred from commencing new proceedings, not including any part of the public facilities project so protested against. G. Nothing in this section shall prohibit the city council within a one-year period from commencing and carrying on new proceedings for the construction of a portion of the public facilities project 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 public facilities project. (Ord. 24187.)

Source: City of San José, Municipal Code (Municode Library, library.municode.com)URL: https://library.municode.com/ca/san_jose/codes/code_of_ordinances?nodeId=TIT18LOPL_CH18.20SPPL_PT2SPPLBEAS_18.20.170HEFetched: 11/1/2026