# Title 11 — Counties

## Chapter 11-28.1 — County Special Service Districts

### § 11-28.1-01. Board of county park commissioners may establish service districts.

For the purpose of providing police protection and garbage removal services and defraying
the cost thereof, any board of county park commissioners may create police protection and
garbage removal service districts, and may extend any such district when necessary. The
appropriate police protection or garbage removal district shall be created by resolution. The
district shall be designated by a name appropriate to the type of service provided for which it is
created, and by a number distinguishing it from other service districts. A police protection or
garbage removal district may be composed in part or entirely of or include real property which is
not otherwise under the jurisdiction of the board of county park commissioners, but which is
contiguous to real property under the jurisdiction of the park commissioners and directly
benefited by the proposed police protection and garbage removal. The county park
commissioners may provide garbage collection services in such district as designated in the
resolution, and may designate police officers who shall have police powers for the enforcement
of the laws of this state within such district, such police authority to be executed concurrently
with other law enforcement officers having jurisdiction over such area.
### § 11-28.1-02. Plans and specifications required - Approval.

Following the creation of a service district as provided in section 11-28.1-01, the board of
county park commissioners shall prepare plans and specifications for such project, including an
estimate of the probable cost. The plans, specifications, and estimates provided for shall be
approved by a resolution of the board of county park commissioners. The plans, specifications,
and estimates shall be the property of the county and shall be filed in the office of the county
auditor and shall remain on file in the auditor's office subject to inspection by interested persons.
### § 11-28.1-03. Hearing - Notice.

The board of county park commissioners shall cause the resolution adopting the plans,
specifications, and estimates for the police protection or garbage removal district to be
published once each week for two consecutive weeks in the official county newspaper, together
with a notice of the time and place where the board of county park commissioners will meet to
hear objections made by any interested party or an interested party's agent or attorney. The
date set for such hearing shall be not less than fifteen days after the first publication of the
notice.
### § 11-28.1-04. Protest against establishing service district - Hearing to determine

sufficiency - When protest a bar to proceeding.
If, within thirty days after the hearing provided for in section 11-28.1-03, written protests
signed by the owners of more than half of the area of the property included within the service
district are filed in the offices of the county auditor, the protests shall be a bar against
proceeding further with the project described in the specifications. The board of county park
commissioners, at its next meeting after the expiration of the time for filing such protests, shall
consider and determine the sufficiency of any protests filed. If no protests are filed or the
protests are found to be insufficient or invalid, the board of county park commissioners may
initiate and carry on the project.
### § 11-28.1-05. Assessment of expenses.

The expenses of maintaining the service provided by the service district shall be assessed
against the parcels of land properly chargeable therewith, in amounts to be determined by and
in accordance with the provisions of section 40-23-05. For the purpose of assessing the
expenses of a service district, the board of county park commissioners shall serve as the
special assessment commission.

### § 11-28.1-06. Assessment list to be prepared - Contents - Certificate attached to

assessment list.
The board of county park commissioners, serving as the special assessment commission,
shall make or cause to be made a complete list of the annual benefits and assessments setting
forth each lot or tract of land assessed, the amount each lot or tract is annually benefited by the
service, and the amount annually assessed against each. There shall be attached to the list of
assessments a certificate signed by a majority of the members of the special assessment
commission certifying that the same is a true and correct assessment of the property therein
described to the best of their judgment, and stating the several items of expense included in the
assessment.
### § 11-28.1-07. Publication of assessment list and notice of hearing of objections to list.

The special assessment commission shall cause the assessment list, which list shall not
include the amount each lot or tract is benefited by the improvement, to be published once each
week for two consecutive weeks in the official newspaper of the county, together with a notice of
the time when and the place where the commission will meet to hear objections made to any
assessment by any interested party or an interested party's agent or attorney. In lieu of
publication of an assessment list, if it includes more than five thousand lots or tracts, the
commission may cause it to be filed and made available for public inspection at all times after
the first publication of the notice, during reasonable business hours, at such place as shall be
designated in the published notice. The date set for such hearing shall be not less than fifteen
days after the first publication of the notice.
### § 11-28.1-08. Alteration of assessments at hearing - Limitations.

At the hearing, the special assessment commission may make such alterations in the
assessments as in its opinion may be just or necessary to correct any error in the assessment
list. The commission may increase or diminish any assessment as may be just and necessary to
make the aggregate of all assessments equal to the total amount required to pay the entire cost
of the service for which such assessments are made. No assessment shall exceed the benefits
as determined by the commission to the parcel of land assessed.
### § 11-28.1-09. Confirmation of assessment list after hearing - Filing list.

The special assessment commission, after the hearing, shall confirm the list and attach
thereto its further certificate certifying that the list is correct as confirmed by it. The commission
thereafter shall file the assessment list in the office of the county auditor.
### § 11-28.1-10. Publication of notice of confirmation of assessment list and meeting for

action upon assessments.
The county auditor shall publish at least once in the official newspaper of the county a
notice stating that the assessment list has been confirmed by the special assessment
commission and filed in the auditor's office and is open to public inspection. The notice also
shall state the time when and the place where the board of county commissioners will act upon
such assessment list. The assessment list shall be acted upon by the board of county
commissioners at a regular or special meeting occurring more than fifteen days after the
publication of such notice.
### § 11-28.1-11. Aggrieved person may file notice of appeal.

Prior to the meeting at which the board of county commissioners will act upon the
assessment, any aggrieved person may appeal from the action of the special assessment
commission by filing with the county auditor a written notice of the appeal, stating therein the
grounds upon which the appeal is based.

### § 11-28.1-12. Board of county commissioners to hear and determine appeals and

objections to assessments - Altering assessments - Limitations.
At the regular meeting of the board of county commissioners at which the assessment list is
to be acted upon, any person aggrieved by the determination of the special assessment
commission in regard to any assessment who has appealed therefrom as provided in section
reasons why the action of the commission should not be confirmed. The board of county
commissioners shall hear and determine the appeals and objections and may increase or
diminish any of such assessments as it may deem just, except that the aggregate amount of all
the assessments returned by the special assessment commission shall not be changed and no
assessments as adjusted shall exceed the benefits to the parcel of land on which it is assessed
as determined by the special assessment commission.
### § 11-28.1-13. Confirmation of assessment list by board of county commissioners -

Certifying list - Filing.
The board of county commissioners shall confirm the assessment list, and the county
auditor shall attach to the list the auditor's certificate that the same is correct as confirmed by
the board of county commissioners and thereupon shall file the list in the auditor's office.
### § 11-28.1-14. Use of collections of assessments.

All collections of special assessments levied pursuant to this chapter shall be credited as
received to the special fund maintained by the county for the payment of any obligations for
which the assessments were levied.
### § 11-28.1-15. Board of county park commissioners may contract - Contents.

Any board of county park commissioners may contract with one or more political
subdivisions for the participation in or the performance of police protection and garbage removal
services in accordance with section 54-40-08. Any such contract shall set forth fully the purpose,
powers, rights, obligations, and the responsibilities, financial and otherwise, of the contracting
parties.
### § 11-28.1-16. Service assessment funds and the disbursements thereof.

The provisions of chapter 40-24 shall be followed in the collection and disbursement of the
funds to be collected to cover the cost of operating a service district; provided, however, that
nothing in chapter 40-24 shall limit the length of time for which assessments for police protection
and garbage removal services may be levied. Such assessments may be levied so long as the
service is rendered.
