[HISTORY: Adopted by the County Council of Dorchester County 5-6-2003
by Bill No. 2003-5. Amendments noted where applicable.]
Any property in Dorchester County abutting or bordering upon any body
of natural or artificial water in Dorchester County (herein "district") may
be formed into a shore erosion control district under the provisions of this
chapter.
A.
Petition to establish; report of Department of Natural
Resources. The owners of 75% of any property or 75% of the owners of any property
may present a written petition to the County Council requesting the creation
of a district. The petition shall describe the boundaries of the property
proposed to be created as a district, and the estimated costs for the shore
erosion control project. The holders of all liens on the property requested
to be included in the district must consent in writing to the creation of
the district. Upon receiving the petition, the County Council shall refer
the petition to the Department of Natural Resources. The Department shall
review the petition and submit its report to the County Council containing
its recommendation on the feasibility and need for a district. The report
shall include the area to be included within the district, plans for erosion
control and estimated costs for the erosion control projects recommended.
B.
Public hearing. Upon receipt of the report from the Department
of Natural Resources, and unless waived by all of the property owners of the
land to be included in the district, the County Council shall conduct a public
hearing and give notice by publication thereon once a week for two successive
weeks in a newspaper of general circulation published in Dorchester County.
C.
Waiver of public hearing. The owners of all property
to be included in the district may waive the requirement of a public hearing
by instrument in writing.
D.
Authority of County Council. Upon receipt of the report
from the Department of Natural Resources and, unless waived, after the public
hearing on the petition to create a district, the County Council is authorized,
by resolution, to establish the district and to designate the law and area
to be included within the district.
A.
County Council to be a District Council. The County Council
is hereby authorized and empowered to act as the District Council for each
district, as a special and separate taxing and assessment district and, in
carrying out the provisions of this chapter, to use all the applicable power
and authority vested in the County Council by existing law and by this chapter.
B.
Acquisition of lands; condemnation. Whenever it shall
be deemed necessary by said County Council, acting as a District Council for
any said taxing and assessment districts, to take or acquire any land, structures
or buildings, as an easement for the construction, extension or maintenance
of any shore erosion control works to prevent erosion by Chesapeake Bay and
tributaries, or by any other stream or body of water in Dorchester County,
in any of said taxing and assessment districts, it may purchase the same from
the owner or owners, or, failing to agree with the owner or owners thereof,
may condemn the same and any interest of any tenant, lessee or other person
therein, by proceedings in the circuit court for Dorchester County as provided
by Title 12 of the Real Property Article. At any time after 10 days after
the return and recordation of the verdict or award in said proceedings, the
County Council, acting as the District Council for the taxing and assessment
district, may enter and take possession of the property so condemned, upon
first paying to the clerk of the court the amount of said award and all costs
taxed to date notwithstanding any appeal or further proceedings upon the part
of the defendant or defendants at the time of the payment, however, it shall
give its corporate undertaking, acting as District Council for the district
proposed to be protected by said shore erosion control works, to abide by
and fulfill any judgment on appeal or on further proceedings.
A.
Construction. After the creation of the district, the
County Council, acting as District Council for any of such districts, is hereby
authorized and empowered to construct shore erosion control works in said
districts to prevent erosion by the Chesapeake Bay and tributaries, or by
any other stream or body of water in Dorchester County.
B.
Financing. For the purposes of financing the construction
of shore erosion control works and to maintain, repair and reconstruct shore
erosion control works, the County Council is authorized to borrow money as
is provided for under Article 25, §§ 163 or 163A of the Annotated
Code of Maryland or under the provisions of Title 8, Subtitle 10 of the Natural
Resources Article, or under any other applicable law.
A.
Notice of hearing sent to real property owners. Whenever
the plans and specifications for the construction of shore erosion control
works, or any part thereof, for any of said assessment districts shall have
been completed, the County Council, acting as the District Council for such
assessment district, shall notify the owners of real property in such district
that the plans and specifications for shore erosion control works in said
district have been completed, can be inspected at its office and the probable
cost of such shore erosion control work, and that upon a day certain to be
named therein a hearing will be granted such owners at a place designated
therein. Said notice, as far as practicable, shall be mailed to each property
owner in such assessment district by placing the same in an envelope addressed
to his last known address and depositing the same, post paid, in a United
States post office, and by publication thereof once a week for two successive
weeks in a newspaper of general circulation published in the County.
B.
Waiver. The notice and publication requirements set forth in § 133-5A may be waived by an instrument m writing executed by all of the property owners in the district.
C.
Procedure for letting contracts after hearing. After
affording such hearing or after waiver of notice and hearing, the County Council,
acting as the District Council for such district, shall determine whether
or not to proceed with such shore erosion control works. In the event it shall
determine to proceed therewith, it shall advertise, once a week for two successive
weeks, in such newspaper, newspapers and technical press as it may deem proper,
for bids for the construction of such shore erosion control works, in part
or as a whole as in its judgment may appear advisable. The contract shall
be let to the lowest responsible bidder, County Council reserving the right
to reject any and all bids and to readvertise for bids in accordance with
and subject to the provisions of this chapter. Before letting any such contract,
the County Council shall require a bond, approved by it, from the successful
bidder in such penalty as the County Council shall determine, conditioned
for the completion of said work in accordance with said contract plans and
specifications with the time limited in said contract and for the payment
of all supplies and labor furnished by the contractor in the construction
of said erosion prevention works. Said bond shall be enforceable in any court
having jurisdiction.
A.
Levy made after hearing for owners on notice thereof.
After the costs of the construction of the shore erosion control works have
been fixed and ascertained, but before any construction commences, the County
Council, acting as District Council for the district, is empowered and directed
to fix and levy a benefit charge upon all real property in the district benefited
by the shore erosion control works. Before proceeding to assess such benefits,
the County Council, unless waived, shall first notify the owners of real property
in the district that it proposes to make an assessment of benefit against
their real property for such shore erosion control works, and that upon a
day certain to be named therein a hearing will be granted such owners at a
place designated therein. Said notice of the proposed assessment, as far as
practicable, shall be mailed to each property owner in the district by placing
the same in an envelope addressed to the property owners last known address
and depositing the same, post paid, in a United States post office, and by
publication thereof once a week for two successive weeks in a newspaper of
general circulation published in Dorchester County.
B.
Assessment of benefits after hearing; lien thereof. After
said hearing has been granted or waived, the County Council, acting as such
District Council, shall determine the benefits accruing to each of the lots
or parcels of land in the district from the construction of shore erosion
control works and shall fix and levy a benefit charge upon each lot or parcel
of land in the taxing and assessment district to the extent it is benefited
by the construction of the shore erosion control works, or part thereof. Said
benefit charge shall be a lien upon the real property against which it is
assessed and shall be paid annually as County taxes are required to be paid,
by all such lots or parcels of land in such district for a period of years
coextensive with the period of maturity of the notes, certificates or indebtedness
or bonds out of the proceeds of which such shore erosion control work was
done.
D.
Assessments paid in annual installments, personal obligation
of owner; first lien on property benefited priority of lien.
(1)
The annual benefit assessments levied in accordance with
this chapter shall be payable in annual installments over a period of 25 years
or any shorter time as directed by the County Council.
(2)
Annual installments shall be a personal obligation of
the owner of a benefited property at the time the installments become due.
(3)
Annual installments in default.
(a)
Any annual installments in default shall be a first lien
on the benefited property, subject only to prior state, county, and municipal
real property taxes. The outstanding balance of a benefit charge shall be
given normal lien priority.
(b)
The sale of a benefited property does not extinguish
the lien assessed against the benefited property.
(c)
The purchaser of a benefited property shall:
(d)
For the purposes of § 3-104(b) of the Real
Property Article, relating to the payment of taxes as a prerequisite to recording
any transfer of property, it is sufficient that all current annual installments
of any benefit charge levied under this subtitle have been paid.
A.
Annual levy; amount. For the purpose of providing additional
funds to pay the semiannual interest on such notes, certificates of indebtedness
or bonds, and the principal thereof, of each of said districts, when and as
they mature, and providing all the funds necessary to pay the costs and expenses
of each district to carry into effect the provisions of this chapter and the
entire cost of repairing and keeping in repair each district and the shore
erosion control works constructed therein, the County Council, acting as District
Council for each district, shall annually levy against all assessable property
in each district so improved, a tax which, with the money collected from the
benefit charges, will be sufficient to meet the interest on said notes, certificates
of indebtedness or bonds as it becomes due, the principal thereof when and
as they mature, and to pay the entire cost of all necessary expenses of each
district to carry into effect the provisions of this chapter and the entire
cost of repairing and keeping in repair the shore erosion control works constructed
in each district, including reimbursement to the County Council, acting as
District Council for each district, of the expenses incurred by the County
annually, in the inspection of the various bulkheads, and in the performance
of other duties required in the administration of the provisions of this chapter.
The County Council, acting as District Council for each district, shall, each
year, prior to its annual levy, determine the number of cents per $100 necessary
to raise the amount of money so required, and each year, in its annual levy
shall levy the tax abovementioned until all of said notes, certificates of
indebtedness or bonds, and the interest thereon, and all other indebtedness
incurred in carrying into effect the provisions of this chapter shall have
been paid. Thereafter, it shall levy a tax sufficient only to keep in repair
the shore erosion control works.
B.
Method of making levy; disposition of proceeds. Said
tax shall be levied and collected as County taxes now are, or may hereafter
be, by law levied and collected, and shall have the same priority rights,
bear the same interest and penalties and in every respect be treated the same
as County taxes. The taxes so levied shall be collected by the taxing authority
of the County, and every 60 days he shall remit the whole amount of taxes
so collected from each district to the County Council, acting as District
Council for such district. The money so received shall be deposited in such
bank or banks in the County as the County Council shall determine, to the
credit of the County Council as District Council for the district from which
said moneys were collected at the rate of interest paid for County funds.
Out of the benefit charges and taxes so collected, the County Council, acting
as District Council for the district paying said benefit charges and taxes,
shall first pay the interest on the notes, certificates of indebtedness or
bonds issued for the benefit of said district as it matures, and such notes,
certificates of indebtedness or bonds when and as they mature. Out of the
remaining money so collected by taxes, the County Council shall then pay all
other indebtedness incurred in carrying out the provisions of this chapter
and the cost of keeping in repair the erosion prevention works in such district.
C.
Deficiencies added to levy of following year; penalty
for failure to perform duties. Should receipts from said benefit charges and
taxes for any district be inadequate to meet said payments in any year by
reason of default or otherwise, such deficiency shall be added to the next
year's tax levy for such district, but nothing herein contained shall
be construed to release the County, guaranteeing any bonds hereunder, from
its obligation under such guaranty to levy ad valorem taxes upon assessable
property within the County sufficient in rate and amount at any time to pay
the maturing principal and interest of any such bonds, should the aforementioned
benefit charges and district taxes prove insufficient for said purpose for
any reason. In order that the prompt payment of interest on such notes, certificates
of indebtedness or bonds and the prompt payment of interest on said notes,
certificates of indebtedness or bonds as they shall mature, shall be assured,
the prompt and proper performance of the respective acts and duties heretofore
defined is specifically enjoined, and any failure upon the part of any person,
persons, body corporate or agency, to perform the necessary acts and duties
in this chapter set forth and to pay over said funds as required, or the use
of said funds or any part thereof for any other purpose than is required by
this chapter is hereby declared a crime and, upon indictment and conviction
in the Circuit Court for the County, shall be punishable by a fine not exceeding
$1,000 or imprisonment not exceeding three years, or both, in the discretion
of the court.
The County Council shall keep a separate record of its proceedings as
District Council for each taxing and assessment district; shall deposit all
money received by it on account of each district to the credit of the County
Council as District Council for such district.
