State Codes and Statutes
Statutes > North-carolina > Chapter_153A > GS_153A-210_3§ 153A‑210.3. (ExpiresJuly 1, 2013) Petition required.
(a) Petition. Theboard of commissioners may not impose a special assessment under this Articleunless it receives a petition for the project to be financed by the assessmentsigned by at least a majority of the owners of real property to be assessed whomust represent at least sixty‑six percent (66%) of the assessed value ofall real property to be assessed. The petition must include the following:
(1) A statement of theproject proposed to be financed in whole or in part by the imposition of anassessment under this Article.
(2) An estimate of thecost of the project.
(3) An estimate of theportion of the cost of the project to be assessed.
(b) Petition Withdrawn. The board of commissioners must wait at least 10 days after the publichearing on the preliminary assessment resolution before adopting a finalassessment resolution. A petition submitted under subsection (a) of thissection may be withdrawn if notice of petition withdrawal is given in writingto the board signed by at least a majority of the owners who signed thepetition submitted under subsection (a) of this section representing at leastfifty percent (50%) of the assessed value of all real property to be assessed.The board may not adopt a final assessment resolution if it receives a timelynotice of petition withdrawal.
(c) Validity ofAssessment. No right of action or defense asserting the invalidity of anassessment on grounds that the county did not comply with this section may beasserted except in an action or proceeding begun within 90 days afterpublication of the notice of adoption of the preliminary assessment resolution. (2008‑165,s. 2.)
