NRS271.643. Modification if protest hearing required: Conduct of hearing; consideration and waiver of complaints, protests and objections concerning modification; procedure for termination of proceedings.

      1.  On the date and at the place fixed for the hearing, any and all property owners and other interested persons may present their views to the governing body with respect to the proposed modification. The governing body may adjourn the hearing from time to time.

      2.  After the hearing has been concluded, all written complaints, protests and objections have been read and considered, and all persons desiring to be heard in person have been heard, the governing body shall consider the arguments, if any, and any other relevant material put forth, and shall by resolution or ordinance, as the governing body determines, pass upon the merits of each such complaint, protest or objection.

      3.  If the governing body determines that it is not in the public interest that the proposed modification of the project and, if applicable, the assessments, the assessment installments and the due dates of the assessment installments be made, the governing body shall make an order by resolution to that effect, and thereupon the proceedings for the modification of the project and, if applicable, the assessments, the assessment installments and the due dates of the assessment installments determined against by the order must stop and must not be begun again until the adoption of a new resolution.

      4.  Any complaint, protest or objection to:

      (a) The modification of the project or, if applicable, the assessments, the assessment installments or the due dates of the assessment installments;

      (b) The estimated cost of the project, as modified;

      (c) The method used to estimate the special benefits to be derived from the project, as modified, generally or by any tract in the improvement district;

      (d) The basis established for the apportionment of the assessments based on the project, as modified; or

      (e) The regularity, validity and correctness of any other proceedings or instruments taken, adopted or made before the date of the hearing,

Ê shall be deemed waived unless presented at the hearing described in this section or in writing at the time and in the manner provided by NRS 271.6425.

      (Added to NRS by 2011, 2910)