                                 CODE OF VIRGINIA

HEARING ON A PROPOSED BUSINESS IMPROVEMENT AND RECRUITMENT DISTRICT (§
15.2-2413.15)

A. After the filing of the business improvement and recruitment district plan
pursuant to § 15.2-2413.13 and the submission of a petition pursuant to §
15.2-2413.14, a locality may adopt a resolution containing:

   1. A copy of the business improvement and recruitment district plan;

   2. A statement that the business improvement and recruitment district plan is
   on file in the clerk&#8217;s office for public inspection;

   3. The time and place the locality will meet and hold a public hearing to hear
   all persons interested in the subject of the business improvement and
   recruitment district plan;

   4. A statement that any business owner who is to be charged a fee under the
   business improvement and recruitment district plan who objects to the plan
   shall file an objection with the clerk within 30 days of the conclusion of the
   hearing on forms made available by the clerk; and

   5. The place, if any, other than the clerk&#8217;s office, where the business
   improvement and recruitment district plan may be inspected in advance of the
   hearing if the locality determines that, in the public interest, any
   additional place of inspection is necessary or desirable.

B. Any objection shall be made orally or in writing by any interested person.
Every written objection shall be filed with the clerk at or before the time
fixed for the public hearing. The locality may waive any irregularity in the
form or content of any written objection. A written objection may be withdrawn
in writing at any time before the conclusion of the public hearing. Each written
objection shall contain a description of the business in which the person filing
the objection is interested, sufficient to identify the business, and, if a
person filing is not shown on the official records of the locality as the owner
of the business, the objection shall contain or be accompanied by written
evidence that the person subscribing is the owner of the business or the
authorized representative. A written objection that does not comply with this
section shall not be counted in determining a majority objection. If written
objections are received from the owners or authorized representatives of
businesses in the proposed business improvement and recruitment district that
will pay 50 percent or more of the fees proposed to be charged and objections
are not withdrawn so as to reduce the objections to less than 50 percent, no
further proceedings to charge the proposed fee against such businesses, as
contained in the proposed business improvement and recruitment district plan,
shall be taken for a period of one year from the date of the finding by the
locality of such majority objection.

C. The locality shall cause a copy of the resolution adopted under subsection A,
or a summary thereof, to be published at least once in a newspaper in general
circulation in the locality, the first publication to be not less than 10 days
and not more than 30 days before the date set for the hearing. Not less than 10
days and not more than 30 days before the date set for the hearing, the locality
shall mail a copy of the resolution or a summary thereof to each owner of a
business that is proposed to be charged a fee within the proposed business
improvement and recruitment district at the address shown on the
locality&#8217;s most recent list of businesses. If the locality publishes or
mails a summary of the resolution, such summary shall include the address of the
clerk, a statement that copies of the resolution shall be made available free of
charge to the public, the activities proposed, the total estimated annual amount
proposed to be expended for activities, and a statement indicating the rights of
owners to object pursuant to subsection B.

D. If a business improvement and recruitment district includes multiple
localities or portions thereof, the notice and hearing process set forth in this
section shall be conducted by the lead locality. A lead locality may not form a
business improvement and recruitment district within the territorial
jurisdiction of another locality without that locality granting by majority vote
of the governing body consent to the lead locality.

HISTORY: 2023, c. 745.