8040. Any person owning any real property fronting upon any street
or portion thereof on which such change or modification of grade is
proposed to be made, may, within 30 days after the first publication
of the notice of the passage of the ordinance of intention, or within
30 days after the first posting thereof if no publication thereof is
made, file with the clerk of the city council a written protest
against such proposed change or modification of grade.
8041. Every protest shall contain a description of the property
owned by each signer thereof, sufficient to identify the property,
and if signed by more than one person, shall be accompanied by the
affidavit of one of the signers that each signature thereto is the
genuine signature of the person whose name purports to be thereto
subscribed. If any signature is made by an agent, there shall be
attached to the protest the affidavit of the agent that he is duly
authorized to sign such protest. Any protest which does not comply
with the foregoing requirements shall not be considered by the city
council.
8042. The clerk of the city council shall indorse on every protest
the date it is filed with him and at the next regular meeting of the
city council after the expiration of the time for filing protest,
shall present to the city council all protests so filed with him.
8043. If the city council finds that such protests are signed by
the owners of a majority of the frontage of the property fronting on
the street or portion thereof on which the change or modification of
grade is proposed to be made, all further proceedings under the
ordinance of intention shall be barred for six months from and after
the filing of such majority protests, except as provided in this
chapter, unless the owners of a majority of such frontage shall in
the meantime petition the same change or modification of grade to be
made. A new ordinance of intention to make a different change or
modification of grade of the same street or portion thereof may be
passed at any time.
8044. If the ordinance of intention designates any street or
portion thereof, the grade of which is proposed to be changed or
modified, and there is included in the ordinance of intention any
other street or portion thereof, intersecting therewith or
terminating therein, the grade of which is also proposed to be
changed or modified, neither proposed change or modification of grade
shall be barred by any protests unless such protests are signed by
the owners of a majority of the total frontage of the property
fronting on all such streets or portions thereof where such change or
modification of grade is proposed to be made.
8045. If the city council finds that:
(a) Such protests are not signed by the owners of a majority of
the property fronting on the street or portion thereof on which such
change or modification of grade is proposed to be made; or
(b) The proposed change or modification of grade extends for a
distance of not more than one block, and the grade of such street for
at least one block thereof immediately adjacent to the block in
which such change or modification of grade is proposed to be made, on
each side thereof, has already been established; or
(c) The proposed change or modification of grade extends for a
distance of not more than one block at the end of a street, and the
grade thereof for at least one block thereof immediately adjacent to
such block has already been established, the city council shall
thereupon fix a time for hearing such protests, which time shall be
not less than 10 days after the meeting of the council at which such
time is so fixed.
8046. Thereupon the city council shall cause notice of the time and
place of such hearing to be published for two days in a daily
newspaper published and circulated in the city, or by one insertion
in a weekly newspaper so published and circulated. If no daily or
weekly newspaper is published and circulated in the city, then the
notice shall be posted for two days on or near the council chamber
door, and in two other public places in the city. Such publication or
posting shall be completed at least five days before the hearing.
8047. At the time and place appointed for the hearing of protests
or at any time to which the hearing thereof may be continued, the
city council shall hear and pass upon the protests, and its decision
thereon shall be final and conclusive. If the protests are sustained,
no further proceedings shall be had under the ordinance of intention
but a new ordinance of intention to make the same or a different
change or modification of grade may be passed at any time. If the
protests are denied, the proceedings shall continue as if such
protests had not been filed.
8048. Except as otherwise provided in this chapter, the person
owning the fee or the person in whom, on the day any protest or
petition is filed, the legal title to real property appears, by deed
duly recorded in the county recorder's office of the county in which
the city is situated, shall be deemed to be the owner thereof for the
purpose of this part. But any person in possession of real property
as the executor, administrator, trustee, guardian, or other legal
representative of the owner, or any person in possession of real
property under a written contract of purchase duly recorded, shall be
deemed to be the owner thereof for the purposes of this part.
8049. In the case of property held by tenancy in common, if any
cotenant signs a protest under this part, only the proportionate
share of the frontage thereof represented by his interest therein
shall be counted in determining the amount of frontage represented by
the protest. If the change or modification of grade proposed by the
ordinance of intention is only on one side of any street or portion
thereof, only the owners of the real proeprty fronting on the side of
such street or portion thereof where such change or modification of
grade is proposed to be made, shall be entitled to make or file a
protest under the provisions of this part.
8040. Any person owning any real property fronting upon any street
or portion thereof on which such change or modification of grade is
proposed to be made, may, within 30 days after the first publication
of the notice of the passage of the ordinance of intention, or within
30 days after the first posting thereof if no publication thereof is
made, file with the clerk of the city council a written protest
against such proposed change or modification of grade.
8041. Every protest shall contain a description of the property
owned by each signer thereof, sufficient to identify the property,
and if signed by more than one person, shall be accompanied by the
affidavit of one of the signers that each signature thereto is the
genuine signature of the person whose name purports to be thereto
subscribed. If any signature is made by an agent, there shall be
attached to the protest the affidavit of the agent that he is duly
authorized to sign such protest. Any protest which does not comply
with the foregoing requirements shall not be considered by the city
council.
8042. The clerk of the city council shall indorse on every protest
the date it is filed with him and at the next regular meeting of the
city council after the expiration of the time for filing protest,
shall present to the city council all protests so filed with him.
8043. If the city council finds that such protests are signed by
the owners of a majority of the frontage of the property fronting on
the street or portion thereof on which the change or modification of
grade is proposed to be made, all further proceedings under the
ordinance of intention shall be barred for six months from and after
the filing of such majority protests, except as provided in this
chapter, unless the owners of a majority of such frontage shall in
the meantime petition the same change or modification of grade to be
made. A new ordinance of intention to make a different change or
modification of grade of the same street or portion thereof may be
passed at any time.
8044. If the ordinance of intention designates any street or
portion thereof, the grade of which is proposed to be changed or
modified, and there is included in the ordinance of intention any
other street or portion thereof, intersecting therewith or
terminating therein, the grade of which is also proposed to be
changed or modified, neither proposed change or modification of grade
shall be barred by any protests unless such protests are signed by
the owners of a majority of the total frontage of the property
fronting on all such streets or portions thereof where such change or
modification of grade is proposed to be made.
8045. If the city council finds that:
(a) Such protests are not signed by the owners of a majority of
the property fronting on the street or portion thereof on which such
change or modification of grade is proposed to be made; or
(b) The proposed change or modification of grade extends for a
distance of not more than one block, and the grade of such street for
at least one block thereof immediately adjacent to the block in
which such change or modification of grade is proposed to be made, on
each side thereof, has already been established; or
(c) The proposed change or modification of grade extends for a
distance of not more than one block at the end of a street, and the
grade thereof for at least one block thereof immediately adjacent to
such block has already been established, the city council shall
thereupon fix a time for hearing such protests, which time shall be
not less than 10 days after the meeting of the council at which such
time is so fixed.
8046. Thereupon the city council shall cause notice of the time and
place of such hearing to be published for two days in a daily
newspaper published and circulated in the city, or by one insertion
in a weekly newspaper so published and circulated. If no daily or
weekly newspaper is published and circulated in the city, then the
notice shall be posted for two days on or near the council chamber
door, and in two other public places in the city. Such publication or
posting shall be completed at least five days before the hearing.
8047. At the time and place appointed for the hearing of protests
or at any time to which the hearing thereof may be continued, the
city council shall hear and pass upon the protests, and its decision
thereon shall be final and conclusive. If the protests are sustained,
no further proceedings shall be had under the ordinance of intention
but a new ordinance of intention to make the same or a different
change or modification of grade may be passed at any time. If the
protests are denied, the proceedings shall continue as if such
protests had not been filed.
8048. Except as otherwise provided in this chapter, the person
owning the fee or the person in whom, on the day any protest or
petition is filed, the legal title to real property appears, by deed
duly recorded in the county recorder's office of the county in which
the city is situated, shall be deemed to be the owner thereof for the
purpose of this part. But any person in possession of real property
as the executor, administrator, trustee, guardian, or other legal
representative of the owner, or any person in possession of real
property under a written contract of purchase duly recorded, shall be
deemed to be the owner thereof for the purposes of this part.
8049. In the case of property held by tenancy in common, if any
cotenant signs a protest under this part, only the proportionate
share of the frontage thereof represented by his interest therein
shall be counted in determining the amount of frontage represented by
the protest. If the change or modification of grade proposed by the
ordinance of intention is only on one side of any street or portion
thereof, only the owners of the real proeprty fronting on the side of
such street or portion thereof where such change or modification of
grade is proposed to be made, shall be entitled to make or file a
protest under the provisions of this part.
8040. Any person owning any real property fronting upon any street
or portion thereof on which such change or modification of grade is
proposed to be made, may, within 30 days after the first publication
of the notice of the passage of the ordinance of intention, or within
30 days after the first posting thereof if no publication thereof is
made, file with the clerk of the city council a written protest
against such proposed change or modification of grade.
8041. Every protest shall contain a description of the property
owned by each signer thereof, sufficient to identify the property,
and if signed by more than one person, shall be accompanied by the
affidavit of one of the signers that each signature thereto is the
genuine signature of the person whose name purports to be thereto
subscribed. If any signature is made by an agent, there shall be
attached to the protest the affidavit of the agent that he is duly
authorized to sign such protest. Any protest which does not comply
with the foregoing requirements shall not be considered by the city
council.
8042. The clerk of the city council shall indorse on every protest
the date it is filed with him and at the next regular meeting of the
city council after the expiration of the time for filing protest,
shall present to the city council all protests so filed with him.
8043. If the city council finds that such protests are signed by
the owners of a majority of the frontage of the property fronting on
the street or portion thereof on which the change or modification of
grade is proposed to be made, all further proceedings under the
ordinance of intention shall be barred for six months from and after
the filing of such majority protests, except as provided in this
chapter, unless the owners of a majority of such frontage shall in
the meantime petition the same change or modification of grade to be
made. A new ordinance of intention to make a different change or
modification of grade of the same street or portion thereof may be
passed at any time.
8044. If the ordinance of intention designates any street or
portion thereof, the grade of which is proposed to be changed or
modified, and there is included in the ordinance of intention any
other street or portion thereof, intersecting therewith or
terminating therein, the grade of which is also proposed to be
changed or modified, neither proposed change or modification of grade
shall be barred by any protests unless such protests are signed by
the owners of a majority of the total frontage of the property
fronting on all such streets or portions thereof where such change or
modification of grade is proposed to be made.
8045. If the city council finds that:
(a) Such protests are not signed by the owners of a majority of
the property fronting on the street or portion thereof on which such
change or modification of grade is proposed to be made; or
(b) The proposed change or modification of grade extends for a
distance of not more than one block, and the grade of such street for
at least one block thereof immediately adjacent to the block in
which such change or modification of grade is proposed to be made, on
each side thereof, has already been established; or
(c) The proposed change or modification of grade extends for a
distance of not more than one block at the end of a street, and the
grade thereof for at least one block thereof immediately adjacent to
such block has already been established, the city council shall
thereupon fix a time for hearing such protests, which time shall be
not less than 10 days after the meeting of the council at which such
time is so fixed.
8046. Thereupon the city council shall cause notice of the time and
place of such hearing to be published for two days in a daily
newspaper published and circulated in the city, or by one insertion
in a weekly newspaper so published and circulated. If no daily or
weekly newspaper is published and circulated in the city, then the
notice shall be posted for two days on or near the council chamber
door, and in two other public places in the city. Such publication or
posting shall be completed at least five days before the hearing.
8047. At the time and place appointed for the hearing of protests
or at any time to which the hearing thereof may be continued, the
city council shall hear and pass upon the protests, and its decision
thereon shall be final and conclusive. If the protests are sustained,
no further proceedings shall be had under the ordinance of intention
but a new ordinance of intention to make the same or a different
change or modification of grade may be passed at any time. If the
protests are denied, the proceedings shall continue as if such
protests had not been filed.
8048. Except as otherwise provided in this chapter, the person
owning the fee or the person in whom, on the day any protest or
petition is filed, the legal title to real property appears, by deed
duly recorded in the county recorder's office of the county in which
the city is situated, shall be deemed to be the owner thereof for the
purpose of this part. But any person in possession of real property
as the executor, administrator, trustee, guardian, or other legal
representative of the owner, or any person in possession of real
property under a written contract of purchase duly recorded, shall be
deemed to be the owner thereof for the purposes of this part.
8049. In the case of property held by tenancy in common, if any
cotenant signs a protest under this part, only the proportionate
share of the frontage thereof represented by his interest therein
shall be counted in determining the amount of frontage represented by
the protest. If the change or modification of grade proposed by the
ordinance of intention is only on one side of any street or portion
thereof, only the owners of the real proeprty fronting on the side of
such street or portion thereof where such change or modification of
grade is proposed to be made, shall be entitled to make or file a
protest under the provisions of this part.
