(a) The hearing officer's report is not binding upon the city council and shall be presented to the council as a component of the regular council agenda backup materials. Prior to considering final passage of the ordinance, the council shall determine whether to accept the hearing officer's recommendation, modify it, or rehear the evidence. The parties shall be entitled to submit written objections to the hearing officer's recommendation. The recommendation and any exhibits shall be available for inspection at the council meeting. The council may adopt the hearing officer's findings or make such other findings in support of its determination as it deems appropriate.

(b) With regard to the assessment of property within a special improvement district, the council shall by ordinance assess such costs of improvements as it deems equitable, and the passage of such ordinance shall be prima facie evidence of the fact that the property assessed is benefited in the amount of the assessments and that such assessments have been lawfully levied. (Code 1979, § 34-175; Ord. No. 2010-17, § 8, 5-17-2010)