§ 13-7-125. SAME - ESTIMATE; SERVICE; ADVERTISEMENT.

(a)

Estimate. If a nuisance of an uncertain source on a road endangers health in the neighborhood and the County Health Officer, in consultation with the Department of Public Works, determines that in order to abate the nuisance effectively and permanently the road must be graded, paved, or drained, the County Health Officer and the Department of Public Works shall prepare a statement that shall include:

(1)

The cost of the improvement;

(2)

The cost of advertising as provided in subsection (c) of this section;

(3)

The cost of other incidental expenses;

(4)

The extent to which, if any, owners of land in the neighborhood of the proposed improvement will be benefitted or damaged by the improvement; and

(5)

An estimate of benefits and assessment against the county at large or district road fund, which may not be more than 50% of the proposed cost of the improvement.

(b)

Estimate to be served to affected persons. At least 5 days before the hearing under § 13-7-126 of this Part III of this subtitle, the county shall serve on all owners named in the statement:

(1)

A copy of the estimate; and

(2)

A notice of the day and hour on which objections to the proposed plan of improvements and estimates will be heard.

(c)

Advertising.

(1)

If for any reason personal service of the statement and notice cannot be conveniently made on all of the owners named in the statement, at least 5 days before the hearing under § 13-7-126 of this Part III of this subtitle, the county shall advertise the statement and notice at least once per week for 2 consecutive weeks in a newspaper of general circulation.

(2)

Advertisement of the estimate and notice under this subsection is conclusive evidence of the receipt of the notice.

(1988 Code, § 22-6) (Bill No. 173, 1989, § 2, 1-26-1990; Bill No. 105-00, § 2, 7-1-2004)