[HISTORY: Adopted and amended as indicated in text.]
GENERAL REFERENCES
Bond sales — See Ch. 8.
Building projects — See Ch. 17.
County Commissioners — See Ch. 27.
Garbage — See Ch. 58.
Roads and bridges — See Ch. 104.
Self-liquidating projects — See Ch. 119.
Sewers and drainage systems — See Ch. 122.
Trash disposal — See Ch. 133.
Code of Ethics — See Ch. 170.
Liability indemnification — See Ch. 185.
Occupational safety and health — See Ch. 192.
Building construction — See Ch. 224.
Flood damage control — See Ch. 238.
Grading and sediment control — See Ch. 244.
Mobile homes and mobile home courts — See Ch. 257.
Stormwater management — See Ch. 274.
Streets, roads and sidewalks — See Ch. 276.
Subdivision regulations — See Ch. 278.
Trash disposal areas — See Ch. 284.
Water and sewers — See Ch. 291.
Zoning regulations — See Ch. 297.
[1969 Code, sec. 78A, P.L.L., 1975, ch. 817, sec. 78A; 1976,
ch. 149, secs. 78B(e)-78B(m);[1] 1977, ch. 63, sec. 78B(f); 1977, ch. 62, sec. 78B(i);
1978, ch. 522; 1989, ch. 140]
A.
Abolition of water or sewer authority and/or districts created; effect.
[1991, ch. 248]
(1)
Subject to Paragraph (2) of this subsection, the County Commissioners
may, by ordinance or resolution, provide for the abolition of any
water or sewer authority created by the County Commissioners pursuant
to Title 9, Subtitle 9, of the Environment Article of the Annotated
Code of Maryland and the abolition of any district created pursuant
to Title 9, Subtitle 6, of the Environment Article of the Annotated
Code of Maryland.
(2)
Effect.
(a)
Abolition of an authority or district under Paragraph (1) of
this subsection may not impair or affect the validity or enforceability
of any proceeding or action taken or any obligations or indebtedness
incurred by the authority or district or its governing body prior
to the effective date of the abolishing ordinance or resolution.
(b)
All existing obligations, whether bonded indebtedness or otherwise,
of the authority or district shall pass to and be assumed by the County
Commissioner by operation of this subsection.
(c)
A copy of the ordinance or resolution shall be filed with the
State Department of Assessments and Taxation, which shall receive
them and endorse on the copy the date and time of receipt.
(3)
On receipt of the ordinance or resolution by the State Department
of Assessments and Taxation, the corporate existence of the authority
or district ceases, and the authority or district is abolished. The
property, powers, rights, duties and obligations of the authority
or district shall pass to and be exercised by the County Commissioners.
B.
Creation of a Department of Planning and Growth Management and a
Department of Facilities; powers and duties generally.
[1991, ch. 248; 1997, ch. 88]
(1)
Where an authority or district has been abolished, the County Commissioners
may create a Department of Planning and Growth Management, Department
of Public Facilities, and Department of Utilities, provide for the
organization and functions of each department, appoint a Director
of Planning and Growth Management, a Director of Public Facilities,
and a Director of Utilities and delegate to the Departments all or
any delegable administrative duties or powers provided in Title 9,
Subtitle 9, of the Environment Article of the Annotated Code of Maryland
when an authority has been abolished or as provided in Title 9, Subtitle
6, of the Environment Article of the Annotated Code of Maryland when
a district has been abolished. The delegation may not include duties
or powers pertaining to the issuance of bonds or the imposition of
taxes, fees or charges.
(2)
A Department of Planning and Growth Management may be granted responsibility
for planning, designing, regulating, engineering and other functions
and duties as may be assigned by the County Administrator, relating
to the following:
(a)
General County public works, buildings, publicly owned water
and sewerage facilities and capital projects.
(b)
Roads, highways, bridges and streets, lanes, alleys, footways
and culverts.
(c)
Water supply facilities and projects.
(d)
Wastewater collection, treatment and disposal facilities and
projects.
(e)
Solid waste collection, recycling and disposal facilities and
projects.
(f)
Storm drainage, erosion and sediment control facilities and
projects.
(g)
Lighting for roads, highways, alleys and other public places.
(h)
Fire hydrants, mosquito control facilities and programs and
snow and ice removal.
(3)
A Department of Public Facilities and a Department of Utilities may
be granted responsibility for constructing, operating and maintaining
and other functions and duties as may be assigned by the County Administrator,
relating to the following:
(a)
General County public works, buildings, publicly owned water
and sewerage facilities and capital projects.
(b)
Roads, highways, bridges and streets, lanes, alleys, footways
and culverts.
(c)
Water supply facilities and projects.
(d)
Wastewater collection, treatment and disposal facilities and
projects.
(e)
Solid waste collection, recycling and disposal facilities and
projects.
(f)
Storm drainage, erosion and sediment control facilities and
projects.
(g)
Lighting for roads, highways, alleys and other public places.
(h)
Fire hydrants, mosquito control facilities and programs and
snow and ice removal.
C.
Rules and regulations may be promulgated for a new Department of
Planning and Growth Management, Department of Public Facilities, and
Department of Utilities only after a public hearing is held by the
County Commissioners. Notice of the public hearing shall be given
in a local Charles County newspaper once a week for three weeks prior
to the day of the hearing.
[1991, ch. 248; 1997, ch. 88]
D.
The completed water and sewerage system of any housing subdivision
development existing as of July 1, 1974, is exempted from the control
of the Department of Planning and Growth Management, Department of
Public Facilities, and Department of Utilities as long as it conforms
to the standards set by the Departments.
[1991, ch. 248; 1997, ch. 88]
E.
Continuance of sanitary districts as special taxing districts. When
an authority or district is abolished as provided in this section,
sanitary districts previously created in Charles County pursuant to
Title 9, Subtitle 6, of the Environment Article of the Annotated Code
of Maryland shall remain special taxing districts for the purpose
of levying charges, assessments and ad valorem taxes to retire the
principal of and interest on bonds issued on the full faith and credit
of the Charles County Sanitary District, Inc., and bonds issued by
the County Commissioners pursuant to the authority of this section.
[1991, ch. 248]
F.
Bonds.
(1)
Issuance authorized; general regulations. For the purpose of providing
funds for the design, construction, erection, repair, replacement,
addition, extension, betterment, purchase or condemnation of and to
a water system, sewerage system, solid waste disposal system and solid
waste acceptance facility, as defined in § 9-601 of the
Environment Article of the Annotated Code of Maryland, in Charles
County, the County Commissioners may issue bonds on the full faith
and credit of the County in amounts they consider necessary to make
improvements consistent with that purpose and to provide the funds
necessary to meet their cost. The cost, which shall include those
elements of cost as defined in § 9-601 of the Environment
Article of the Annotated Code of Maryland, shall be estimated at the
time of the adoption of a resolution by the County Commissioners authorizing
the bonds, but at no time shall the total issue of bonds outstanding
and unpaid, which relates to improvements in any special taxing district
for all purposes under this subsection, exceed 10% of the total value
of the property assessed for County taxation purposes within the special
taxing district. The authorizing resolution shall provide that the
bonds of each issue shall be dated, shall bear interest at a rate
or rates as may be determined by the County Commissioners, shall mature
at such time, not exceeding 40 years from the date of issue, as may
be determined by the County Commissioners, and may be made redeemable
before maturity, at the option of the County Commissioners, at a price
and under the terms and conditions as set by the County Commissioners
prior to the issuance of the bonds. The County Commissioners, by the
authorizing resolution, also shall determine the form of the bonds,
including any interest coupons to be attached, any provisions for
registration of the bonds or coupons, the manner of execution of the
bonds, the denomination or denominations of the bonds, the place of
payment of principal and interest, which may be at any bank or trust
company, and may provide for other details as are incident to the
sale, issuance and delivery of the bonds. Each of the bonds shall
be issued under the Seal of the County and shall be signed by the
chief executive officer and by the Clerk or Secretary of the County.
All bonds issued under the provisions of this subsection shall have,
as between successive holders, all the qualities and incidents of
negotiable instruments under the laws of the State of Maryland. The
issuance of the bonds is not subject to any limitations or conditions
contained in any other law, including Article 31, §§ 9
to 11, inclusive, of the Annotated Code of Maryland. The County Commissioners
may sell the bonds in a manner, either at public or at private sale,
and for a price, at not less than par, as they may determine to be
in the best interest of the County. Bonds issued pursuant to the authority
of this subsection are exempt from state, County and municipal taxation
in the State of Maryland. This subsection shall be construed as a
specific grant of authority to the County Commissioners to issue and
sell bonds in the manner prescribed in this subsection.
[1991, ch. 248]
(2)
Disbursement of proceeds; issuance of additional bonds; disposition
of surplus proceeds. The proceeds of the bonds authorized in this
subsection shall be used solely for the payment of the cost of the
project or projects on account of which such bonds are issued and
shall be disbursed in such manner and under such restrictions, if
any, as the County Commissioners may provide in the authorizing resolution.
If the proceeds of such bonds, by error of estimates or otherwise,
shall be less than such cost, additional bonds may in like manner
be issued to provide the amount of such deficit and, unless otherwise
provided in the authorizing resolution, shall be deemed to be of the
same issue and shall be entitled to payment from the same fund without
preference or priority of the bonds first issued for the same purpose.
If the proceeds of the bonds of any issue shall exceed the amount
required for the purpose for which such bonds shall have been issued,
the surplus shall be used for the retirement of bonds of such issue
as in the authorizing resolution provided or, in the absence of such
provision, for application to the next maturing principal payment
on such bonds or, upon adoption of a resolution by the County Commissioners,
other projects within the special taxing district or districts for
which such bonds were issued or the purchase of bonds of the same
issue or series on the open market for such price as the County Commissioners
may determine to be in the best interest of the County, provided that
no premium in excess of 5% of the par value of such bonds shall be
paid on the purchase of such bonds, and bonds so purchased shall be
canceled.
(3)
Issuance of temporary, replacement or refund bonds. Prior to the
preparation of definitive bonds, the County Commissioners may, under
like restrictions, issue interim receipts or temporary bonds, with
or without coupons, exchangeable for definitive bonds when such bonds
have been executed and are available for delivery. The County Commissioners
may also provide, by resolution, for the replacement of any bonds
which shall be mutilated, destroyed or lost. The County Commissioners
are hereby authorized and empowered to issue bonds to refund, pay
or discharge all or any part of the outstanding bonds, notes or other
evidences of indebtedness, including interest thereon, issued as hereinabove
provided for the purpose of providing funds for water, sewage and
solid waste disposal systems or solid waste acceptance facilities
in the County. The relevant provisions of this subsection pertaining
to bonds shall be equally applicable to the authorization and issuance
of such refunding bonds, including the terms, rates and other aspects
thereof.
G.
Water or sewer connection charges. For the purpose of constructing,
maintaining, repairing and operating the County water, sewerage and
solid waste disposal system and for the purpose of paying the principal
of and interest on any bonds issued or to be issued by the County
Commissioners as in this section provided, the County Commissioners
are hereby empowered and directed to make, within each special taxing
district as established in the County, a charge for every water or
sewer connection. The charges herein provided shall not be limited
to the cost to the County for making such connections. Such charges
may be based on reasonable classifications as the County Commissioners
may determine and may vary from time to time among such districts
depending upon any special circumstances which the County Commissioners
may find to exist. The County Commissioners are empowered to determine
the manner in which such charges shall be payable.
H.
Benefit assessments.
(1)
For the purpose of acquiring or constructing County water and sewerage
systems or any parts thereof or for the purpose of paying the principal
and interest on any bonds that are issued by the County Commissioners
as provided in this section, the County Commissioners shall fix an
annual assessment on all properties, improved or unimproved, binding
upon a street, road, lane, alley or right-of-way in which a water
main or sewer has been built. The annual assessment shall be made
using the front-foot basis or an alternate basis, subject to uniform
rules and regulations as may be determined by the County Commissioners.
The first payment shall be collected during the year in which the
construction is completed on the water or sewerage system or in which
the system is purchased or acquired.
(2)
Classification of property; notification of assessment. For the purpose
of assessing benefits, the County Commissioners shall divide all properties
binding upon a street, road, lane, alley or right-of-way in which
a water pipe or sanitary sewer is to be laid into four classes, namely:
agricultural, small acreage, industrial or business, and subdivision
property. The County Commissioners may subdivide each of these classes
in such manner as they deem to be in the public interest. Whenever
any water supply or sewerage project in the special taxing district
has been completed and declared ready for service, the County Commissioners
shall fix and levy an assessment for the remainder of the fiscal year
on a pro rata basis upon all property in such district abutting upon
the water main or sewer in accordance with the classification or subdivision
thereof, and they shall notify, in writing, all owners of said properties
into which class and subdivision their respective properties fall
and the charge determined upon, naming also in the notice a time and
place when and at which the owner will be heard. Such notice may be
mailed to the last known address of the owner or served in person
upon any adult occupying the premises or, in the case of a vacant
or unimproved property, posted upon the premises.
(3)
Determination of assessment generally; assessments for agricultural
land. The classification of a benefit assessment made against any
property by the County Commissioners shall be final, subject only
to revision at the hearing as hereinbefore provided. The County Commissioners
may change the classification of properties from time to time as the
properties change in the uses to which they are put. The benefit assessment
shall be levied for both water supply and sewerage construction and
shall be based for each class of property upon the number of front
feet abutting upon the street, road, lane, alley or right-of-way in
which the water pipe or sewer is placed; provided, however, that in
the case of any irregular-shaped lot abutting upon a street, road,
lane, alley or right-of-way in which there is or is being constructed
a water main or sewer at any point, the lot shall be assessed for
such frontage as the County Commissioners may determine to be reasonable
and fair, and provided, further, that no lot in a subdivision property
may be assessed on more than one side unless it abuts upon two parallel
streets, that corner lots may be averaged and assessed upon such frontage
as the County Commissioners may deem reasonable and fair and that
all lots in the subdivision property classification shall be assessed
even though a water main or sewer may not extend along the full length
of any boundary, and provided, further, that no land classified as
agricultural by the County Commissioners shall be assessed a front-foot
benefit when it has constructed through it or in front of it a sewer
or water main until such time as the water or sewer connection is
made, and when so made and for every connection, such land shall become
liable to a front-foot assessment for such reasonable frontage, not
exceeding 300 feet, as may be determined by the County Commissioners
and shall be immediately assessed at the rate of assessment determined
by the County Commissioners for agricultural land.
(4)
Uniformity of assessments; exception. Front-foot benefit assessments
for water supply and sewerage construction shall be as nearly uniform
as is reasonable and practicable for each class or subclass of property
throughout each special taxing district for any one year; provided,
however, that whenever the County Commissioners require an existing
system, other than a municipal system, the cost of construction of
which has been added, in whole or in part, to the purchase price of
land or lots abutting upon the system and which contribution the County
Commissioners have determined to be a factor in the cost to the County
Commissioners of such system, the County Commissioners, in their discretion,
may levy a front-foot assessment less than the uniform front-foot
assessment levied in the remainder of the special taxing district
in which the system is located.
(5)
Changes in assessments; payment. The amount of the assessment per
front foot for each class of property for both water mains and sewers
may be changed from time to time by the County Commissioners, in their
discretion, in order to provide revenues for the purpose as specified
in this section. The benefit assessments shall be paid annually by
all properties located as above specified for a period of years coextensive
with the period of maturity of the bonds out of the proceeds of which
such construction was done.
(6)
Connection and assessment of nonabutting property. The County Commissioners
may at any time permit a connection with a water main or sewer by
a property owner whose property does not abut on a water main or sewer
and who has not previously paid a benefit assessment for the construction
of the water main or sewer, provided that the County Commissioners
classify the property and determine a front-foot assessment to be
paid by the property owner as though the property abutted upon a water
main or sewer, and if the connection is made, the property owner and
the property, as to all charges, rates and benefits, stand in each
respect in the same position as if the property abutted upon a water
main or sewer.
I.
Service charges.
(1)
For the purpose of providing funds for maintaining, repairing and
operating the County water, sewerage and solid waste disposal systems
and for other expenses, including proper depreciation allowances,
and for interest on and the retirement of bonds as provided in this
section, the County Commissioners are hereby empowered to make the
following charges:
(a)
Water service charges. Rates for water service shall consist
of a minimum or ready-to-serve charge, which shall be based upon the
size of the meter on the water connection leading to the property,
and of a charge for water used, which shall be based upon the water
passing through the meter during the period between the last two readings.
A meter shall be required to be placed on each water connection by
and at the sole expenses of the County, and it shall remain the property
of the County. Such rates shall be uniform throughout each special
taxing district, but the County Commissioners may make such classifications
as they deem advisable within any such district based upon quantities
of water used. If the County at any time shall not have meters available
to install in all the properties in a given locality that are connected
to the system, then a flat rate shall be charged on properties in
which meters have not yet been installed, which rate shall be uniform
in each special taxing district and based upon the ready-to-serve
charge and the amount of water used. If any bill for such charges
remains unpaid after 30 days from date of sending, the County Commissioners,
after written notice left upon the premises or mailed to the last
known address of the owner, shall turn off the water from the property
in question, and the water shall not be turned on again until the
bill has been paid, including a penalty of $5.
(b)
Sewer service charges and solid waste disposal charges. Sewer
service charges and charges for the operation of a solid waste disposal
system may be made on whatever reasonable basis the County Commissioners
select, such charges being chargeable against all properties served
by a County solid waste disposal system or having a connection with
any sewer pipe under the supervision or ownership of the County Commissioners.
Neither the dates of collection nor the intervals between such dates
need be uniform throughout a special taxing district.
(c)
Charges for the upkeep of sewerage systems. Charges for the
upkeep of sewerage systems shall be made upon such reasonable basis
as the County Commissioners may determine and shall be collected annually
in the same manner as are front-foot benefit assessments against all
property having a connection with a sewer under supervision or ownership
of the County Commissioners. The charges shall be based upon such
classifications as the County Commissioners from time to time may
establish and shall be uniform throughout each special taxing district
within each such classification.
(2)
Bills for all or any of the charges described in this subsection
shall be sent to the property served on an annual, semiannual or quarterly
basis, in the discretion of the County Commissioners, and shall thereupon
be payable at the office of the County Commissioners or such other
place as they may designate. Any such bill remaining unpaid for 60
days after being sent shall be collectible, together with any penalty
thereon, from the owner of the property served in the same manner
and subject to the same interest as taxes are collectible in the County.
J.
Publication and hearing requirements for proposed rates, charges
or assessments. At such time as the County Commissioners may decide
to exercise the powers under this section and establish rates, charges
or assessments as provided herein or may decide to modify rates, charges
or assessments which they have previously established, they shall
promptly after each such decision, give notice of the proposed rates,
charges or assessments, and their intention to hold a public hearing
relating thereto, in at least one newspaper of general circulation
in the County. The County Commissioners shall thereafter conduct a
public hearing on the necessity or advisability of the proposed rates,
charges or assessments.
K.
Payment and collection of charges and assessments.
(1)
Billing; subsequent action upon nonpayment.
(a)
Annual benefit assessments shall be included on the annual state
and County real estate tax bills issued by the County Treasurer. Annual
benefit assessments shall bear interest at the same rate as County
real estate taxes and are due and payable at the same time as County
real estate taxes.
(b)
The County Treasurer may not accept payment of state or County
real estate taxes for any property unless payment of any annual benefit
assessment is made at the same time.
(c)
An annual benefit assessment or other charge as above specified,
including any penalty or interest thereon, shall be a first lien upon
the property against which it is assessed until paid, any statute
of limitations to the contrary notwithstanding. It shall be subject
only to prior state and County taxes. If any property is sold for
state or County taxes by the County Treasurer and if, after sale,
there is a surplus after all costs and expenses incident to such sale
shall have been paid, the County Commissioners, upon proper petition
to the Circuit Court for Charles County, shall be allowed any balance
from the surplus and shall be a preferred lienor to the extent of
their lien.
(d)
Unpaid and overdue annual benefit assessments may be collected
by a tax sale in the same manner as County or state real estate taxes.
(2)
Notice of existing liens; maintenance of public records. For the
purpose of giving notice to the general public as to existing liens
and charges against any property within the special taxing district
abutting upon any water or sewer main or connected thereto, the County
Commissioners shall keep a public record of all names of owners of
property, locations of all property, lot numbers when of record and
the amount of any benefit assessments, water service charges or other
charges that may become liens from time to time. These records shall
be kept as a public record in the office of the County Commissioners
or in any other place they may designate and among the land records
of the County. They shall be legal notice of all existing liens within
the special taxing district.
(3)
Collection of unpaid charges; legal procedures and judgments. If
bills for any charges other than benefit assessments, including any
penalties or interest thereon, shall remain unpaid for 60 days after
becoming due, they may be collected by an action of assumpsit or by
a bill in equity to enforce the liens created and any judgment or
decree obtained, where the defendants have been served by a subpoena
or in any other manner provided by law, shall have the force and effect
of a judgment in personam, and the County Commissioners may sue or
file a bill in equity to enforce said liens against the owner of record
at the time that suit is filed, or any owner of record between said
dates, and publication thereon shall be notice to all persons having
any interest in the property.
L.
Payment of interest and principal expenses; levy of ad valorem taxes. The payment of the principal of and interest on any bonds issued pursuant to this section shall be provided out of the funds received under the provisions of Subsections G, H and I, respectively, of this section and, to the extent necessary, by a levy annually against all taxable property in the special taxing district, less the benefit assessments, connection charges and other available funds on hand or estimated to be received during such year applicable to the payment of interest and principal expenses for all bonds issued, provided that in the event that such sum so levied shall not provide a sufficient fund to pay the aforesaid interest and principal, respectively, then the County Commissioners shall levy annually an ad valorem tax upon all assessable property within the corporate limits of the County in rate and amount sufficient to provide for such payment when due, together with all accrued interest to the date of payment. In the event that the proceeds from such ad valorem taxes so levied in any fiscal year shall prove inadequate for the payment of principal of and interest on such bonds, the County Commissioners shall levy additional taxes in the succeeding fiscal years to make up such deficiency.
[1]
Editor's Note: Chapter 149 of 1976 added new Subsections (e)
to (m). Section 2 of this Act provided that "the authority to issue
bonds conferred on the County Commissioners by this Act shall be deemed
to provide an additional and alternative authority for borrowing money
and shall be regarded as supplemental and additional to powers conferred
upon the County by other laws and shall not be regarded as in derogation
of any power now existing, and all Acts of the General Assembly of
Maryland heretofore passed authorizing the County to borrow money
are hereby continued to the extent that the powers contained in such
Acts have not heretofore been exercised, and nothing herein contained
shall be construed to impair, in any way whatsoever, the validity
of the bonds which may have been issued by the County under the authority
of any of said Acts, and the validity of said bonds is hereby ratified,
confirmed and approved. This Act, being necessary for the welfare
of the inhabitants of Charles County, shall be liberally construed
to effect the purposes hereof. All Acts and parts of Acts inconsistent
with the provisions of this Act are hereby repealed to the extent
of such inconsistency.
[P.L.L., 1989, ch. 319; 1991, ch. 248; 1997, ch. 88; 1997,
ch. 464]
A.
In accordance with this article, the County Commissioners may:
(1)
Acquire and improve private water or sewer systems or stormwater
management areas after receiving a request that the private water
or sewer system or stormwater management area be taken into the County
system.
(2)
Construct new or extend existing water or sewer systems or stormwater
management areas after receiving a request for the construction of
a new or the extension of an existing water or sewer system or stormwater
management area.
(3)
Levy an annual benefit assessment on the properties served or to
be served by the water or sewer system or stormwater management area
to reimburse the County for the costs of acquisition and improvement,
and construction or extension.
B.
After acquisition of a private water or sewer system or stormwater
management area, or construction of a new or extension of an existing
water or sewer system or stormwater management area, it shall be operated
and maintained by the Department of Facilities pursuant to the Department's
rates and regulations.
C.
In the exercise of the powers granted by the Article, the County
Commissioners, by ordinance, may adopt all necessary regulations and
conditions for the acceptance, acquisition, improvement and maintenance
of private water or sewer systems or stormwater management areas and
for the construction of a new or extension of existing water or sewer
systems or stormwater management areas. The ordinance shall provide
for the method of determining the annual benefit assessments to be
levied against the properties served or to be served by the private
water or sewer system for the purpose of reimbursing the County for
all costs of the improvement and acquisition or to be served by the
constructed or extended water or sewer system to reimburse the County
for the costs of construction or extension. The ordinance shall specify
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 acquire, improve, construct or extend a water or
sewer system or stormwater management area and shall determine the
rate of interest imposed.
[Amended 6-7-2016 by Bill
No. 2016-04]
D.
Unpaid annual benefit assessments shall be a first lien upon the
properties against which they are assessed until paid, subject only
to prior state and County taxes. If any property is sold for state
and County taxes and a surplus remains after the sale, then the County
Commissioners, upon petition to the Circuit Court, may be allowed
the payment of their lien.
[Amended 6-2-2020 by Bill No. 2020-01]
[P.L.L., 1989, ch. 319; amended 6-2-2020 by Bill No. 2020-01]
[P.L.L., 1989, ch. 319; amended 6-2-2020 by Bill No. 2020-01]
A.
On or before June 30 of each year, the County Commissioners shall
certify its annual benefit assessments to the County Treasurer for
collection from the property owners affected in the upcoming fiscal
year. Upon certification, the County Treasurer shall levy the annual
benefit assessment due for the upcoming fiscal year. The annual benefit
assessment levied each fiscal year must be paid prior to the end of
that same fiscal year.
B.
The Treasurer shall add the annual benefit assessment levied at the
beginning of each fiscal year to the state and County property tax
bills for collection, subject to discount and interest allowances
or charges as are provided by law for Charles County taxes on real
property. If a property owner fails to pay the annual benefit assessment
before the end of the same fiscal year in which it was levied, the
assessment sum may be deducted from any surplus in the hands of the
Treasurer after sale, under order of the Circuit Court, for nonpayment
of state and County property taxes. In the alternative, the lien created
in favor of the annual benefit assessment may be enforced by bill
in equity or by action at law.
C.
Transfer of property subject to benefit assessment.
(1)
A deed or conveyance of real property may not be approved for transfer
by the Assessor's office until proof of payment of all annual benefit
assessments levied in prior fiscal years up to and including the fiscal
year in which the transfer occurs has been submitted to the Transfer
Clerk. The remaining annual benefit assessments shall become the responsibility
of the transferee, and the annual assessment shall continue until
such time as the benefit assessment is paid in full.
(2)
A transferor shall not be obligated to pay any portion of the benefit
assessment that has not been levied against the property by the County
Treasurer prior to or as of the date of transfer.
[P.L.L., 1989, ch. 319; 1997, ch. 464]
Before the County Commissioners exercise the powers granted
by this article, there shall be:
A.
A petition filed by a majority of the property owners whose property
is:
(1)
Served or to be served by the private water or sewer system or stormwater
management area that requests the County to acquire and improve the
private water or sewer system or stormwater management area; or
(2)
To be served by the constructed or extended water or sewer system
or stormwater management area that requests the County to construct
a new or extend an existing water or sewer system or stormwater management
area.
B.
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.
[Added6-7-2016 by Bill
No. 2016-04[1]]
C.
A public hearing upon the petition after 10 days' notice in a newspaper
regularly published in Charles County.
D.
The approval of the petition by the County Commissioners.
E.
The passage of an appropriate ordinance under § 97-2 of this article that sets forth:
[Amended 6-2-2020 by
Bill No. 2020-01]
(1)
The improvements being acquired or improved or the construction or
extension being constructed or extended;
(2)
The property owners affected;
(3)
A reasonable estimate of cost of the construction of improvements
or extensions; and
(4)
All material terms of the annual benefit assessments to be levied
to pay the cost of the improvement and acquisition or any reasonable
portion of the cost as determined by the County Commissioners.
[P.L.L., 1989, ch. 319]
A.
Any interested person aggrieved by the levying of any benefit assessment
under this article may appeal to the Charles County Circuit Court
within 30 days after the final adoption of the ordinance by the County
Commissioners.
