17B-1-643. Imposing or increasing a fee for service provided by special district.
(1) Before imposing a new fee or increasing an existing fee for a service provided by a special district, each special district board of trustees shall first hold a public hearing at which: the special district shall demonstrate its need to impose or increase the fee; and any interested person may speak for or against the proposal to impose a fee or to increase an existing fee. Each public hearing under Subsectionshall be held in the evening beginning no earlier than 6 p.m. (1)(a) A public hearing required under this Subsectionmay be combined with a public hearing on a tentative budget required under Section. (1) 17B-1-610 Except to the extent that this section imposes more stringent notice requirements, the special district board shall comply with Title 52, Chapter 4, Open and Public Meetings Act, in holding the public hearing under Subsection. (1)(a)
(2) Each special district board shall give notice of a hearing under Subsectionas provided in Subsectionsandor Subsection. (1) (2)(b) (c) (2)(d) The special district board shall publish the notice described in Subsectionfor the special district, as a class A notice under Section, for at least seven days. (2)(a) 63G-30-102 The notice described in Subsectionshall state that the special district board intends to impose or increase a fee for a service provided by the special district and will hold a public hearing on a certain day, time, and place fixed in the notice, which shall be not less than seven days after the day the notice is first posted as provided in Subsectionfor the purpose of hearing comments regarding the proposed imposition or increase of a fee and to explain the reasons for the proposed imposition or increase. (2)(b) (2)(b) In lieu of providing notice under Subsection, the special district board of trustees may give the notice required under Subsectionby mailing the notice to those within the district who: (2)(b) (2)(a) will be charged the fee for a district service, if the fee is being imposed for the first time; or are being charged a fee, if the fee is proposed to be increased. Each notice under Subsectionshall comply with Subsection. (2)(d)(i) (2)(c) A notice under Subsectionmay accompany a district bill for an existing fee. (2)(d)(i) If the hearing required under this section is combined with the public hearing required under Section, the notice required under this Subsection: 17B-1-610 (2) may be combined with the notice required under Section; and 17B-1-609 shall be posted or mailed in accordance with the notice provisions of this section. Proof that notice was given as provided in Subsectionoris prima facie evidence that notice was properly given. (2)(b) (d) If no challenge is made to the notice given of a hearing required by Subsectionwithin 30 days after the date of the hearing, the notice is considered adequate and proper. (1) After holding a public hearing under Subsection, a special district board may: (1) impose the new fee or increase the existing fee as proposed; adjust the amount of the proposed new fee or the increase of the existing fee and then impose the new fee or increase the existing fee as adjusted; or decline to impose the new fee or increase the existing fee. This section applies to each new fee imposed and each increase of an existing fee that occurs on or after July 1, 1998. This section does not apply to an impact fee. The imposition or increase of an impact fee is governed by Title 11, Chapter 36a, Impact Fees Act.
(3) This section does not apply to a fee or fee increase that is equal to the amount needed to pay a fee imposed on a special district under Sectionsand. 19-4-116 73-10g-607