4.04.160 Notice of hearing on proposed adoption of resolution of necessity.

(A) Persons Entitled to Notice of Hearing. Before adopting a resolution of necessity, the city shall give each person whose property is sought to be acquired by the city and whose name and address appears on the last equalized county assessment roll notice a reasonable opportunity to appear and be heard at a hearing on the adoption of the proposed resolution of necessity.

(B) Contents of Notice. The city shall send a

written notice by first-class mail to each person described in subsection A of this section at least

sixteen days before the hearing on the adoption of the resolution of necessity, which states all of the following:

(1) The intent of the city council to adopt the resolution of necessity and a description of the property that would then be subject to acquisition by the city by eminent domain;

(2) The right of each person who receives a notice to appear and speak or offer written comments at the hearing on the adoption of the resolution of necessity, upon the timely filing of a written request to appear and be heard with the city clerk, and the date, time, and place of the hearing;

(3) If the recipient of the notice fails to file with the city cleric a written request to appear and be heard at the hearing on the adoption of the resolution of necessity within fifteen days after the mailing of the notice by the city, he or she shall be deemed to have waived the right to appear and be heard at the hearing on the resolution of necessity.

(C) Additional Notice of Hearing. The city may give additional notice of the hearing on the proposed adoption of the resolution of necessity to affected persons and the public.