§ 17C-4-106. Notice of community development project area plan adoption -- Effective date of plan -- Contesting the formation of the plan.

(1)

(a) Upon the community legislative body's adoption of a community development project area plan, the legislative body shall provide notice as provided in Subsection (1)(b) by:

(i)

(A) publishing or causing to be published a notice in a newspaper of general circulation within the agency's boundaries; or

(B) if there is no newspaper of general circulation within the agency's boundaries, causing a notice to be posted in at least three public places within the agency's boundaries; and

(ii) publishing or causing to be published in accordance with Section 45-1-101.

(b) Each notice under Subsection (1)(a) shall:

(i) set forth the community legislative body's ordinance adopting the community development project area plan or a summary of the ordinance; and

(ii) include a statement that the project area plan is available for general public inspection and the hours for inspection.

(2) The community development project area plan shall become effective on the date of:

(a) if notice was published under Subsection (1)(a), publication of the notice; or

(b) if notice was posted under Subsection (1)(a), posting of the notice.

(3)

(a) For a period of 30 days after the effective date of the community development project area plan under Subsection (2), any person in interest may contest the project area plan or the procedure used to adopt the project area plan if the plan or procedure fails to comply with applicable statutory requirements.

(b) After the 30-day period under Subsection (3)(a) expires, no person may contest the community development project area plan or procedure used to adopt the project area plan for any cause.

(4) Upon adoption of the community development project area plan by the community's legislative body, the agency may carry out the project area plan.

(5) Each agency shall make the adopted project area plan available to the general public at its offices during normal business hours.

Amended by Chapter 388, 2009 General Session