The town shall have the power to acquire, to
obtain by lease or rent, to purchase, construct, operate and maintain
all buildings and structures it deems necessary for the operation
of the town government. The town may acquire real, personal or mixed
property within the corporate limits of the town for any public prupose,[1] by purchase, gift, bequest, devise, lease, condemnation
or otherwise, and may sell, lease or otherwise dispose of any property
belonging to the town. All municipal property, funds and franchises
of every kind belonging to or in the possession of the town (by whatever
prior name known) at the time this Charter becomes effective are vested
in the town, subject to the terms and conditions thereof.
[1]
Editor's Note: So in original. Probably should
read "purpose."
The town shall have the power to condemn property
of any kind, or interest therein or franchise connected therewith,
in fee or as an easement, within the corporate limits of the town,
for any public purpose. Any activity, project or improvement authorized
by the provisions of this Charter or any other state law applicable
to the town shall be deemed to be a public purpose. The manner of
procedure in case of any condemnation proceeding shall be that established
in Article 33A of the Annotated Code of the Public General Laws of
Maryland, title "Eminent Domain."
The town shall have the power to do whatever
may be necessary to protect town property and to keep all town property
in good condition.
The term "public ways," as used in this Charter,
shall include all streets, avenues, roads, highways, public thoroughfares,
lanes and alleys.
The town shall have control of all public ways
in the town except such as may be under the jurisdiction of the Maryland
Department of Transportation, State Highway Administration on[1] the Wicomico County Roads Division. Subject to the laws
of the State of Maryland and this Charter, the town may do whatever
it deems necessary to establish, operate and maintain in good condition
the public ways of the town. The town shall have the power:
A.
To establish, regulate and change from time to time
the grade lines, width and construction materials of any town public
ways or part thereof, bridges, curbs and gutters.
B.
To grade, lay out, construct, open, extend and make
new town public ways.
C.
To grade, straighten, widen, alter, improve or close
up any existing town public way or part thereof.
D.
To pave, surface, repave or resurface any town public
way or part thereof.
E.
To install, construct, reconstruct, repair and maintain
curbs and/or gutters along any town public way or part thereof.
F.
To construct, reconstruct, maintain and repair bridges.
G.
To name town public ways.
H.
To have surveys, plans, specifications and estimates
made for any of the above activities or projects or parts thereof.
[1]
Editor's Note: So in original. Probably should
read "or."
The town shall have the power:
A.
To establish, regulate and change from time to time
the grade lines, width and construction materials of any sidewalk
or part thereof on town property along any public way or part thereof.
B.
To grade, lay out, construct, reconstruct, pave, repave,
repair, extend or otherwise alter sidewalks on town property along
any public way or part thereof.
C.
To require that the owners of any property abutting
on a sidewalk keep the sidewalk clear of all ice, snow and other obstructions.
D.
To require and order the owner of any property abutting
on any public way in the town to perform any projects authorized by
this section at the owner's expense according to reasonable plans
and specifications. If, after due notice, the owner fails to comply
with the order within a reasonable time, the town may do the work
and the expense shall be a lien on the property and shall be collectible
in the same manner as are town taxes or by suit at law.
The town shall have the power:
A.
To construct, operate and maintain a water system
and water plant.
C.
To construct, operate and maintain a stormwater drainage
system and stormwater sewers.
D.
To construct, maintain, reconstruct, enlarge, alter,
repair, improve or dispose of all parts, installations and structures
of the above plants and systems.
E.
To have surveys, plans, specifications and estimates
made for any of the above plans and systems or parts thereof or the
extension thereof.
F.
To do all things it deems necessary for the efficient
operation and maintenance of the above plants and systems, including
denial of water for rents or payments due directly or indirectly connected
with any of the above systems or to collect such sums due in any other
manner it deems fit.
The town shall have the power to extend its
water or sewerage system beyond the town limits.
Any employee or agent of the town, while in
the necessary pursuit of his official duties with regard to the water
or sewage disposal systems operated by the town, shall have the right
of entry, for access to water or sewer installations, at all reasonable
hours and after reasonable advance notice to the owner, tenant or
person in possession, upon any premises and into any building in the
town or in the county served by the town's water or sewage disposal
system. Any restraint or hindrance offered to such entry by any owner,
tenant or person in possession, or the agent of any of them, may,
by ordinance, be made a misdemeanor.
The town, if it deems it advisable, may contract
with any party or parties, inside or outside the town, to obtain water
or to provide for the removal or[1] sewage.
[1]
Editor's Note: So in original. Probably should
read "of."
All individuals, firms or corporations having mains, pipes, conduits or other structures in, on or over any public way in the town or in the county which impede the establishment, construction or operation of any town sewer or water main shall, upon reasonable notice, remove or adjust the obstruction at their own expense to the satisfaction of the town. If necessary to carry out the provisions of this section, the town may use its condemnation powers provided in § WC-68. Any violation of any ordinance passed under the provisions of this section may be made a misdemeanor.
The town may enter upon or do construction in,
on or over any county public way for the purpose of installing or
repairing any equipment or doing any other things necessary to establish,
operate and maintain the water system, water plant, sanitary sewerage
system, sewage treatment plant or stormwater sewers provided for in
this Charter. Unless required by the county, the town need not obtain
any permit or pay any charge for these operations, but it must notify
the county of its intent to enter on the public way and must leave
the public way in a condition not inferior to that existing before.
Any public service corporation, company or individual,
before beginning any construction of, or placing of, or changing the
location of any main, conduit, pipe or other structure in the public
ways of the town, shall submit plans to the town and obtain written
approval upon such conditions and subject to such limitations as may
be imposed by the town. Any public service corporation, company or
individual violating the provisions of this section shall be guilty
of a misdemeanor. If any unauthorized main, conduit, pipe or other
structure interferes with the operation of the water, sewerage or
stormwater systems, the town may order it removed.
A.
The town shall provide a connection with water and
sanitary sewer mains for all property abutting on any public way in
which a sanitary sewer or water main is laid. When any water main
or sanitary sewer is declared ready for operation by the town, all
abutting property owners, after reasonable notice, shall connect all
fixtures with the water or sewer main. The town may require that,
if it considers exsiting[1] fixtures unsatisfactory, satisfactory ones be installed
and may require that all cesspools, sinkdrains and privies be as abandoned,
filled, removed or left in such a way as not to injure public health.
[1]
Editor's Note: So in original. Probably should
read "existing."
B.
In order to prevent any leakage or waste of water
or other improper use of the town's water system or sewage disposal
system, the town may require such changes in plumbing, fixtures or
connections as it deems necessary to prevent such waste or improper
use.
The town may make a charge, the amount to be
determined by the Council, for each connection made to the town's
water or sewer mains. This charge shall be uniform throughout the
town, but may be changed from year to year. Arrangements for the payment
of this charge shall be made before the connection is made.
All wells found to be polluted or a menace to
health may be ordered to be abandoned and closed. The town may, by
ordinance, provide that no water supply, sewerage or stormwater drainage
system, and no water mains, sewers, drains or connections therewith,
shall be constructed or operated by any person or persons, firm, corporation,
institution or community, whether upon private premises or otherwise,
and may provide that cesspools or other private methods of sewage
disposal affecting or likely to affect adversely the public comfort
and health may be deemed a nuisance and may be abated by the town.
Any violation of an ordinance passed under the provisions of this
section may be made a misdemeanor, and a continuing offense punishable
separately for each day's failure to perform.
No person shall do anything which will discolor,
pollute or tend to pollute any water used or to be used in the town
water supply system. Any violation of the provisions of this section
shall be a misdemeanor.
The town shall have the power to charge and
collect such service rates, water rents, ready-to-serve charges or
other charges as it deems necessary for water supplied and for the
removal of sewage. These charges are to be billed and collected by
the Clerk-Treasurer, and if bills are unpaid within thirty (30) days,
the service may be discontinued. All charges shall be a lien on the
property, collectible in the same manner as town taxes or by suit
at law, and/or by denial of water supply.
The provisions of this subtitle shall not extend
to any situation in which a sanitary district or special tax area
or district has been authorized, as to the particular powers included
in the authorization to discharge the powers provided in this subtitle.
