[HISTORY: Adopted and amended as indicated in text.]
GENERAL REFERENCES
Building projects — See Ch. 17.
County Commissioners — See Ch. 27.
Land records — See Ch. 77.
Department of Facilities — See Ch. 97.
Self-liquidating projects — See Ch. 119.
Sewers and drainage systems — See Ch. 122.
Code of Ethics — See Ch. 170.
Liability indemnification — See Ch. 185.
Building construction — See Ch. 224.
Grading and sediment control — See Ch. 244.
Stormwater management — See Ch. 274.
Streets, roads and sidewalks — See Ch. 276.
Subdivision regulations — See Ch. 278.
Vehicles and traffic — See Ch. 287.
[1959 Code, sec. 239; 1965 Code, sec. 280; 1969 Code, sec.
338. P.L.L., 1886, ch. 194; 1888, Art. 9, sec. 157; 1898, ch. 284;
1908, ch. 441 (p. 740); 1910, ch. 50 (p. 751); 1918, ch. 126, sec.
157; 1930, sec. 229; 1991, ch. 248]
The County Commissioners shall control and regulate the public
roads and bridges in the County.
[1]
Editor's Note: Former § 104-2, County Commissioners designated Board of Road Commissioners [1959 Code, sec. 240; 1965 Code, sec. 281; 1969 Code, sec. 339, P.L.L., 1886, ch. 194; 1888, Art. 9, sec. 158; 1908, ch. 441 (p. 740); 1910, ch. 50 (p. 751); 1912, ch. 7; 1918, ch. 126, sec. 158; 1930, sec. 230; 1951, ch. 69; 1974, ch. 105, sec. 339(b)], was repealed by the Acts of 1991, ch. 248.
[1]
Editor's Note: Former § 104-3, Procedures for
acquiring private property for drainage outlets or watercourses or
to utilize gravel banks [1959 Code, sec. 241; 1965 Code, sec. 282;
1969 Code, sec. 340. P.L.L., 1892, ch. 678, sec. 160A; 1908, ch. 441
(p. 740); 1910, ch. 50 (p. 751), sec. 160A; 1918, ch. 126, sec. 160A;
1930, Art. 9, sec. 233], was repealed by the Acts of 1991, ch. 248.
[1]
Editor's Note: Former § 104-4, Annual levy for construction, maintenance and repair [1959 Code, sec. 242; 1965 Code, sec. 283; 1969 Code, sec. 341. P.L.L., 1892, ch. 678, sec. 160B; 1908, ch. 441 (p. 740), sec. 160B; 1910, ch. 50 (p. 751), sec. 160B; 1918, ch. 126, sec. 160B; 1922, ch. 127; 1930, Art. 9, sec. 234; 1931, ch. 129], was repealed by the Acts of 1991, ch. 248.
[1]
Editor's Note: Former § 104-5, Damage or obstruction
generally; penalty provisions. (1959 Code, sec. 244; 1965 Code, sec.
285; 1969 Code, sec. 343. P.L.L., 1870, ch. 294; 1888, Art. 9, sec.
161; 1930, sec. 236), was repealed by the Acts of 1991, ch. 248.
[1]
Editor's Note: Former § 104-6, Erection or maintenance of gates prohibited; responsibilities of Road Supervisors (1959 Code, secs. 245 through 247; 1965 Code, secs. 286 through 288; 1969 Code, secs. 344 through 346. P.L.L., 1876, ch. 291; P.L.L., 1878, ch. 324; 1888, Art. 9, secs. 162 through 164; 1930, secs. 237 through 239) was repealed by the Acts of 1991, ch. 248.
[1]
Editor's Note: Former § 104-7, Levy authorized
for mileposts and hand boards (1959 Code, sec. 248; 1965 Code, sec.
289; 1969 Code, sec. 347. P.L.L., 1900, ch. 222; 1930, Art. 9, sec.
240), was repealed by the Acts of 1991, ch. 248.
[1959 Code, sec. 249; 1965 Code, sec. 290; 1969 Code, sec.
348. P.L.L., 1947, ch. 635; 1991, ch. 248]
The County Commissioners may repair, construct and maintain
the approaches, entrances and roadways leading to any school in the
County.
[1969 Code, sec. 348A. P.L.L., 1972, ch. 650, sec. 348A;
1975, ch. 236, sec. 348A; 1976, ch. 23; 1982, ch. 287; 1989, ch. 116]
A.
The County Commissioners may construct and improve roads and drainage
incident to construction or improvements on or along private roads
after the approval of a petition of the majority of the property owners
whose property abuts on the road to be constructed or improved. The
petition shall request that the roads be taken into the County road
system. In the exercise of the powers granted by this section, the
County Commissioners, ordinance, may adopt all necessary regulations
and conditions for the acceptance, construction and maintenance of
roads or other authorized improvements by the County.
B.
The ordinance passed under Subsection A of this section also shall provide for:
(1)
The method of determination of the annual benefit assessments to
be levied against the abutting properties for the purpose of reimbursing
the County for the cost of the improvements.
(2)
The time and manner of payment, which may not exceed 30 years. The
County Commissioners shall charge interest on the amount of County
funds provided to make the improvements provided for in this section.
The County Commissioners shall determine any rate of interest imposed.
Annual benefit assessments shall be a first lien upon the property
against which they are assessed until paid, subject only to prior
state and County taxes, and if any property shall be sold for state
and County taxes and a surplus remains, then the County Commissioners,
upon petition to the Circuit Court, may be allowed the payment of
their lien.
[Amended 6-7-2016 by Bill
No. 2016-04]
[1969 Code, sec. 348B. P.L.L., 1972, ch. 650, sec. 348B]
For the purpose of giving notice to the general public as to
the existing liens and charges against any property for benefit assessments,
the County Commissioners shall keep a public record of all names of
property owners and the locations of the property and the amount of
the benefit charges among the land records of Charles County under
the supervision of the Clerk of the Circuit Court, and the recordation
with the Clerk of the benefit assessment shall be legal notice of
the liens.
[1969 Code, sec. 348C, P.L.L., 1972. ch. 650, sec. 348C]
The County Commissioners shall, on or before July 1 of each
year, certify its benefit assessments hereunder to the Treasurer of
Charles County for collection from the property owners affected, and
the Treasurer shall add the benefit assessments to the state and County
property tax bills for collection, subject to discount and interest
allowances or charges as now provided by law for Charles County taxes
on real property, and upon failure of payment of the benefit assessments,
they may be deducted from any surplus in the hands of the Treasurer
after sale for nonpayment of state and County property taxes under
proper order of the Circuit Court. In the alternative, the lien created
in favor of the annual benefit assessments may be enforced by bill
in equity or by action at law. No deed or conveyance of real property
shall be transferred by the Assessor's office until proof of
payment of all benefit assessments has been exhibited to the Transfer
Clerk.
[1969 Code, sec. 348D, P.L.L., 1972, ch. 650, sec. 348D;
1975, ch. 236, sec. 348D; amended 6-7-2016 by Bill No. 2016-04]
Before the powers granted by this article can be exercised, there must first be the petition of the property owners as hereinbefore provided requesting improvements, a recommendation by the Director of the Department of Fiscal and Administrative Services to the County Commissioners on the length of the assessment based on the length and characteristics of any debt service required to finance the construction or improvement, a public hearing upon the petition after 10 days’ notice in a newspaper regularly published in Charles County, approval of the petition by the County Commissioners and the passage of an appropriate ordinance pursuant to the authority of § 104-9 of this article setting forth the improvements being constructed, the property owners affected and all material terms of the annual benefit assessments levied to pay the cost of the improvements or any reasonable portion thereof as determined by the County Commissioners.
[1969 Code, sec. 348E. P.L.L., 1972, ch. 650, sec. 348E]
Any interested person feeling aggrieved by the levying of any
benefit assessment under this article shall have the right to appeal
to the Circuit Court for Charles County within 30 days after the final
adoption of the ordinance by the County Commissioners, and the Court,
sitting without a jury, is authorized to hear and determine whether
the County Commissioners acted pursuant to the authority granted herein
and whether the benefit assessments levied pursuant to the provisions
of this article are imposed according to law.[1]
[1]
Editor's Note: Original Sections 348 F and G were renumbered by Acts of 1978, ch. 249, and removed to present Chapter 122, Sewers and Drainage Systems. In addition, since the content of original Sections 348H through K pertains to the subject matter included in original Sections 348 F and G, these sections were also removed from this chapter and included in present Chapter 122.
[P.L.L., 1989, ch. 320]
A.
In addition to their other powers and in accordance with this section,
the County Commissioners may provide for the construction and maintenance
of sidewalks along all or any part of the streets, lanes, alleys and
public ways of the County and enter into agreements with any person,
partnership or corporation for their construction and maintenance.
B.
In accordance with this section, the costs of the construction and
maintenance of sidewalks provided under the authority of this section
shall be paid by a special assessment levied upon the property within
the district to be served by the construction and maintenance of sidewalks.
C.
A sidewalk district may be created by the County Commissioners after
a public hearing at which time the residents and taxpayers within
the proposed sidewalk district shall be given an opportunity to be
heard.
D.
Notice of the hearing shall be:
(1)
Not more than two weeks before the public hearing, published at least
once in a newspaper of general circulation in the area where the proposed
sidewalk district is to be located.
E.
Following the hearing, the County Commissioners may establish the
sidewalk district and levy on all property that is subject to ordinary
County taxes and located within the district a special assessment
over a fifteen-year period to recover the costs of the construction
and maintenance of the sidewalks.
F.
All such special assessments shall be levied in the same manner on
the same assessments for the same period or periods and as of the
same date or dates of finality as are prescribed by law.
