§ 18-3-304. SAME - CONSTRUCT OR REPAIR ROADS.

(a)

"Improvement" defined. In this section, "improvement" means to grade, lay out, dig down, fill up, pave, re-pave, construct, reconstruct, repair, extend, widen, or straighten a road, street, alley, curb, gutter, sidewalk, or footway.

(b)

Authority of Director to require improvements.

(1)

The Director of Public Works may require the owner of property that abuts a road, street, alley, curb, gutter, sidewalk, or footway in the county to make an improvement where the Director finds that the improvement is needed to alleviate a condition that threatens the health, safety, and welfare of abutting property owners.

(2)

The property owners shall make the required improvements in accordance with the reasonable plans and specifications required by the Director of Public Works.

(3)

After receiving notice from the Director under subsection (c) of this section, the property owner shall make the required improvements.

(4)

Except in the case of an alley as provided under subsection (f) of this section, the property owner is responsible for the cost of the improvements.

(c)

Notice.

(1)

Notice of required improvements shall specify:

(i)

The improvements to be made;

(ii)

The manner in which the improvements are to be done;

(iii)

The materials to be used; and

(iv)

The time limit for completing the improvements, which may not be less than 20 days after the date of service or after the date of first publication.

(2)

Subject to due process requirements, the Director shall serve a copy of the notice to each abutting property owner who is required to make the improvements by:

(i)

Personal service;

(ii)

Registered mail delivered to the property owner, a tenant of the property owner, or an agent, trustee, or guardian of the owner;

(iii)

Leaving a copy of the notice at the property's owners place of residence; or

(iv)

Publishing a copy of the order once a week for 2 successive weeks in one or more newspapers of general circulation.

(3)

Notice served as required under paragraph (2) of this subsection shall be deemed legally sufficient and binding.

(d)

Appeal to County Executive.

(1)

(i)

A person feeling aggrieved by the terms and conditions of the required improvements may apply to the County Executive or the County Executive's designee for a hearing on the terms and conditions of the required improvements.

(ii)

At the hearing, the County Executive or the designee shall give the person an opportunity to be heard.

(2)

(i)

At the hearing, the County Executive or the County Executive's designee may revise, alter, affirm, or rescind the decision of the Director of Public Works, in whole or in part.

(ii)

The decision of the County Executive or the County Executive's designee is final and may not be appealed to the county Board of Appeals or to a court.

(e)

Failure of property owner to comply with notice.

(1)

If the property owner does not comply with the requirements of the notice sent under subsection (c) of this section, the Director of Public Works, with the consent of the County Executive, may procure the performance of the work by contract or by using the Director's own workforce.

(2)

Except in the case of work done to an alley, the Director of Public Works shall certify to the Director of Budget and Finance the cost and expense of the work, including the cost of giving notice.

(3)

(i)

The costs shall be a lien on the property in the same manner as taxes, and shall be collected in the same manner provided by law for the collection of taxes.

(ii)

Charges and assessments imposed under this subsection are benefit charges and may not exceed a reasonable estimate of the special benefit conferred on the property.

(f)

Improvement in alley.

(1)

If the Director of Public Works procures performance of work authorized under this section in an alley, the county shall assess against each abutting property owner an equal annual payment, to be determined by the County Administrative Officer, that does not exceed:

(i)

A period of 15 years; and

(ii)

One-third of the total cost of the work performed.

(2)

The Director of Budget and Finance shall collect the assessment in the same manner as provided in law for the collection of taxes.

(g)

Same - Deferment for tax credit eligible property owners.

(1)

A property owner assessed under subsection (f) of this section who is annually eligible for the Homeowners Property Tax Credit under § 9-104 of the Tax-Property Article of the Annotated Code of Maryland shall have the assessment deferred.

(2)

The deferral shall terminate when the eligible property owner sells or transfers the property.

(3)

When the deferral terminates, the amount due shall become a lien on the property in the same manner as taxes and shall be collectible in the same manner as provided in law for the collection of taxes.

(h)

Installment payments.

(1)

Except as provided in paragraph (2) of this subsection, upon application by a property owner, the county may provide for the payment of an assessment for:

(i)

The construction of the bed of an alley:

1.

In annual installments not exceeding 15 in number;

2.

With interest at the rate of 6 % per annum, on an amortized basis; and

3.

On such terms and conditions as considered appropriate by the county; or

(ii)

The construction or reconstruction of the bed of a road or street or of curbs, gutters, sidewalks, and footways:

1.

In annual installments not exceeding five in number; and

2.

On such terms and conditions as considered appropriate by the county.

(2)

The county may not allow installment payments unless an agreement for installment payments has been made by the property owner and the county before the performance of the work.

(1988 Code, § 31-49) (Bill No. 3, 1990, § 2; Bill No. 123-95, § 1, 9-22-1995; Bill No. 49-96, § 18, 7-1-1996; Bill No. 66-01, § 2, 7-1-2004; Bill No. 73-04, § 16, 9-25-2004)