A. The preliminary assessment reimbursement area and the preliminary assessment amounts formulated by the public works department shall be sent by certified mail to the developer and the property owners of record within the preliminary assessment reimbursement area.

B. The developer or any property owner within the preliminary assessment reimbursement area may, in writing within 20 days of mailing the notice, request a hearing to be held before the hearing examiner pursuant to BMC 2.56.050(C) to contest the preliminary assessment reimbursement area and/or preliminary assessment amounts. Notice of such hearing shall be given to the developer and all property owners within the preliminary assessment reimbursement area and the hearing before the hearing examiner shall be conducted as soon as is reasonably practical. The procedure contained in Chapter 2.56 BMC shall govern the hearing. After the hearing, the hearing examiner shall develop a report with findings of fact, conclusions of law and recommendations to the city council regarding establishing the assessment reimbursement area and the assessment for each property within the assessment reimbursement area. The city council shall consider the record developed before the hearing examiner and the hearing examiner’s report. City council shall allow public comment on the hearing examiner’s report and, if a majority of the council finds the record insufficient, may add to the record. After considering the record, the hearing examiner’s report and public comment thereon, if any, city council may adopt or reject the hearing examiner’s recommendations in whole or in part or it may render its own findings and conclusions. City council is the final authority to establish the assessment reimbursement area and the assessment for each property within the assessment reimbursement area. The city council’s determination of the assessment reimbursement area and the assessment shall be as provided by BMC 1.26.040 and 1.26.050 and shall be determinative and final.

C. In the event no written request for a hearing is received within the allotted time, the determination of the public works department shall be final. [Ord. 2016-09-034 § 1; Ord. 2014-06-033; Ord. 2004-01-003 § 5; Ord. 2002-10-069 § 31; Ord. 10906 § 2, 1997. Formerly 14.02.060].