Utah Code 11-42-104. Waiver by property owners — Requirements

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(1)

The owners of property to be assessed within an assessment area may waive:

Terms Used In Utah Code 11-42-104

Assessment area: means an area, or, if more than one area is designated, the aggregate of all areas within a local entity's jurisdictional boundaries that is designated by a local entity under 2, for the purpose of financing the costs of improvements, operation and maintenance, or economic promotion activities that benefit property within the area. See Utah Code 11-42-102
Local entity: means :

(a)	a county, city, town, special service district, or special district;

(b)	an interlocal entity as defined in Section 11-13-103;

(c)	the military installation development authority, created in Section 63H-1-201;

(d)	a public infrastructure district under Title 17D, Chapter 4, Public Infrastructure District Act, including a public infrastructure district created by a development authority;

(e)	the Utah Inland Port Authority, created in Section 11-58-201; or

(f)	any other political subdivision of the state. See Utah Code 11-42-102 Property: includes real property and any interest in real property, including water rights and leasehold rights. See Utah Code 11-42-102 Writing: includes :Utah Code 68-3-12.5
(a)	the prepayment period under Subsection 11-42-411(6);

(b)

a procedure that a local entity is required to follow to:

(i)	designate an assessment area; or

(ii)	levy an assessment; or

(c)	a period to contest a local entity action.

(2)

Each waiver under this section shall:

(a)	be in writing;

(b)	be signed by all the owners of property to be assessed within the assessment area;

(c)	describe the prepayment period, procedure, or contest period being waived;

(d)	state that the owners waive the prepayment period, procedure, or contest period; and

(e)	state that the owners consent to the local entity taking the required action to waive the prepayment period, procedure, or contest period.

Enacted by Chapter 329, 2007 General Session

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