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(1) Scheduling

a. If an application is subject to a public hearing per Table 8.1, Summary Table of Review Procedures, the Director shall schedule the public hearing for either a regularly scheduled meeting or special meeting of the appropriate decision-making body.

b. The public hearing shall be scheduled to allow sufficient time to prepare a staff report per Section 8.3.E, Staff Review and Action.

(2) Public Hearing Notice

a. General Notice Requirements

All public hearings required by this Code shall be preceded by the notices identified in Table 8.1, Summary Table of Review Procedures. Persons with specific issues or concerns regarding a proposed application are encouraged to contact the Community Development Department in writing, by phone, or in person prior to the hearing.

b. Responsibility for Notice

The City shall be responsible for the accuracy of and proper publication, mailing, and posting of notice of the public hearing. The applicant shall be responsible for maintaining the posted notice once posted on the site by the City.

c. Notice to Adjacent Governmental Entities

In a proceeding involving an application for property that abuts unincorporated areas of the county, copies of the notice of public hearing shall be transmitted by the City to the planning agency of the governmental unit abutting such land.

(3) Notice Format and Content

a. Published and Mailed Notice

1. Required published or mailed notices shall:

i. Identify the application type;

ii. Describe the nature and scope of the proposed project;

iii. Identify the location subject to the application;

iv. Identify the date, time, and location of the hearing being noticed;

v. Identify where and when the application and associated materials may be inspected; and

vi. Indicate opportunity to appear at the public hearing.

2. Published notice shall appear in a newspaper of general circulation in the City at least 15 days prior to the scheduled hearing.

3. Mailed notices shall be sent via first-class mail to all property owners as listed in the records of the county tax assessor’s office within 300 feet of the subject property, as measured from property boundaries.

b. Posted Notice

1. Required posted notice shall include at least one sign on the subject property at least 15 days prior to the public hearing. The City is responsible for posting the sign(s). The applicant is responsible for maintaining the sign(s) once erected. The sign(s) shall be clearly visible from adjacent streets or public rights-of-way and shall remain on the property until after the hearing.

2. The Director may require additional signs based on access and configuration of the property.

3. Required posted notice shall:

i. Identify the application type;

ii. Describe the nature and scope of the proposed project;

iii. Identify the date, time, and location of the hearing being noticed; and

iv. Identify a telephone number for additional information.

(4) Constructive Notice

a. Minor Defects in Notice Shall Not Invalidate Proceedings

Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Minor defects in notice shall be limited to errors in a legal description or typographical or grammatical errors that do not impede communication of the notice to affected parties. In all cases, however, the requirements for the timing of the notice and for specifying the time, date, and place of a hearing shall be strictly construed.

b. Failure to Receive Notice Shall Not Invalidate City Action

As provided in A.R.S. § 9-462.04(A)(7), or any successor statute, the failure of any person or entity to receive notice as set forth in the statute or this subsection shall not constitute grounds for any court to invalidate the actions of the City.

(5) Additional Notice

In addition to notice by the means set forth above, the City may give notice of the hearing in a specific case in such other manner as it deems necessary or appropriate.