[HISTORY: Adopted by the County Council of Wicomico County 2-25-1998
by Bill No. 1998-5. Amendments noted where applicable.]
A.
The County Council of Wicomico County is hereby authorized
and empowered to create, establish, modify, amend and abolish special benefit
districts within the county, in accordance with the procedures set forth in
this chapter.
B.
Special benefit districts may be created in order to
furnish and provide for public improvements and services which confer special
privileges or benefits upon property in a limited and determinable area comprising
less than the entire county.
C.
The County Council shall have the power to levy and collect
taxes in the form of special assessments upon property in a limited and determinable
area for the special benefits conferred upon such property to provide for
the payment of all or any part of the costs of such benefits.
D.
Nothing herein contained shall be construed to permit
the modification or abolition of existing urban service districts providing
water and/or sewer to citizens of the county.
A special benefit district may be formed in order to provide public
improvements and urban services, such as water supply, sewage disposal, storm
drainage and surface water drainage, curbing and guttering, streetlighting,
police protection, fire protection, ambulance service, garbage and trash collection
and disposal; and for other municipal services, such as those purposes enumerated
in Article 25A of the Annotated Code of Maryland, as the same may be amended
from time to time.
A.
The procedure for the establishment of a special benefit
district may be commenced by the filing of a petition signed by 25% of the
property owners residing in the proposed district whose property will be affected
by the creation of the district. The petition shall be filed with the County
Council.
B.
The petition shall set forth the specific public improvement
or urban service or services desired and the boundaries of the proposed district
in which the services will be provided.
C.
The County Council shall appoint a day for a public hearing
on the petition and shall give not less than seven days' notice of the
proposed district, by publication in one or more newspapers published within
the county. The notice shall specify the boundaries of the district and the
improvement or service to be provided therein, together with the time and
place of hearing to be held, at which hearing those present shall be informed
of the probable cost of providing the service in the district, including all
fees and expenses and the estimated assessed property valuation as fixed for
county taxation within the proposed district
D.
If, at the conclusion of the public hearing held pursuant
to this section, the Council shall determine, on the basis of the estimates
of the cost of providing the service requested and the facts and comments
presented by the residents of the area during the hearing, the proposed service
is feasible, it shall set a time and place for balloting.
E.
The Council shall give public notice of the time, place and hours of the balloting, in the same manner set forth in Subsection C of this section.
F.
The owners of property lying within said proposed service
area shall have the right to vote for or against the proposed service. For
the purpose of balloting, the owner or owners of each separately assessed
parcel within the proposed district shall constitute a single unit entitled
to cast one vote for such assessed parcel. In the event of multiple owners
of a single assessed parcel, the majority of the owners of the parcel shall
be authorized to direct the vote for such parcel. In this chapter, "owner"
means each person in whose name an account with respect to a parcel of real
property stands in the records of the Supervisor of Assessments for the county
when a petition is submitted under this section. "Owner" includes each co-owner
of a parcel of real property, whether co-ownership is joint, in common or
by the entirety.
G.
If a majority of the votes cast at such balloting are
in favor of the proposed urban service in the designated area, the Council
shall promptly proceed with the introduction of legislation to establish the
district.
A.
In the event the County Council deems it necessary for
the health, safety and welfare of the residents of an area of Wicomico County
to provide any one of the public improvements or urban services enumerated
in this chapter, the Council shall first determine the boundaries of the area
requiring such improvement or service.
B.
The County Council shall then appoint a day for a public
hearing and shall give not less than seven days' notice of the proposed
district, by publication in one or more newspapers published within the county.
The notice shall specify the boundaries of the district and the improvement
or service to be provided therein; together with the time and place of hearing
to be held, at which hearing those present shall be informed of the probable
cost of providing the service in the district, including all fees and expenses
and the estimated assessed property valuation as fixed for county taxation
within the proposed district.
C.
If, at the conclusion of the public hearing held pursuant to Subsection B, the Council shall determine the proposed service is necessary for the health, safety and welfare of the residents of the proposed district, it shall promptly proceed with the introduction of legislation to establish the district.
All revenues received from special benefit taxes shall be spent in the
district from which the taxes are collected for the purposes of the district.
A.
The special benefit tax shall be based on an assessment
determined by the County Council and set forth in the bill establishing the
district. The annual rate shall be sufficient for the purpose of defraying
the cost of the services provided within the limits of the district.
B.
The amount assessed against any property for any service
shall not exceed the value of the benefits accruing to the property from such
service.
C.
When desirable, property within a district may be divided
into different classes to which different rates may be charged, but any rate
shall be uniform within each class.
D.
The special benefit tax that is assessed and levied by
the County Council shall be levied, collected and enforced in the same manner
as county real property taxes and shall have the same priority rights, bear
the same interest and penalties, constitute a lien on the real property so
assessed and be treated the same as county real property taxes.
A.
The County Council may amend, modify or dissolve a special
benefit district.
B.
Except as set forth in Subsection F of this section, an existing district may not be amended, modified or dissolved unless:
(1)
A petition is signed by the owners of a majority of the
properties in the existing district whose property will be affected by the
amendment, modification or dissolution of the district; and
(2)
The County Council gives notice by public advertisements
of the proposed amendment, modification or dissolution of the existing district
as provided for the creation of said district.
C.
Where a proposed amendment will have the effect of adding
a new area to an existing district, the petition shall be signed by the owners
of a majority of the properties in the new area as well as by the owners of
a majority of the properties in the existing district.
D.
The County Council may not make an amendment or modification
to an existing district or dissolve an existing district if the effect of
the amendment, modification or dissolution is to impair an outstanding obligation
of the district.
E.
Division of assets; distribution of uencumbered and unexpended
funds.
(1)
The dissolution of an existing special benefit district
shall provide for an equitable division of assets belonging to the district
among the persons who own property in the district on the effective date of
the resolution dissolving the district.
(2)
Unencumbered and unexpended funds remaining in the district
account on the effective date of the dissolution of the district shall be
distributed to the current property owners of the district proportionately
on the same basis as the special benefit tax was most recently collected.
F.
The County Council may amend or modify the purposes of
any district if it determines that an emergency exists and that immediate
action is required to permit a district to abate the emergency.
