§ 18-3-306. SAME - COST OF REPAIRS EXCEEDING $1,000 PER BLOCK.

(a)

Petition by property owners.

(1)

The county shall perform maintenance and reconstruction work of alleys in the county that require an expenditure exceeding $1,000 per block if the owners of at least a majority of the assessable properties abutting the alley submit a petition as required under this section.

(2)

On request, the Director of Public Works shall furnish the residents of any block an estimate of the cost of performing the proposed maintenance or reconstruction work.

(3)

After receiving the estimate from the Director of Public Works, the property owners shall submit a petition signed by the owners of at least a majority of the assessable properties abutting the alley.

(4)

The petition shall indicate the willingness of the property owners to pay their equal, annual share of the payment for the repairs or reconstruction work.

(5)

The County Administrative Officer shall determine the annual payments, which may not:

(i)

Exceed 15 years; and

(ii)

With respect to the total amount of the annual payments, exceed one-third of the total cost of the repair or reconstruction work.

(b)

Notice; service.

(1)

After receipt of a valid petition, the Director of Public Works shall notify every property owner abutting the alley that is the subject of the petition.

(2)

The Director of Public Works shall give notice by:

(i)

Serving personally any owner, tenant or an agent, trustee or guardian of the owner of the affected property;

(ii)

Serving by registered mail the owner, tenant or an agent, trustee or guardian of the owner of the affected property; or

(iii)

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

(c)

Contents of notice. The notice shall:

(1)

State the county's intention to levy an assessment;

(2)

Identify the properties that will be affected by the assessment;

(3)

State that the proposed assessment is the result of the receipt of a valid petition described under subsection (a) of this section;

(4)

State the amount and terms of the assessment;

(5)

State the manner of collection; and

(6)

Inform the reader of the right to a hearing required by this section.

(d)

Hearing.

(1)

Within 30 days after the date of the notice, a person receiving notice may apply to the County Executive or the County Executive's designee for a hearing.

(2)

The County Executive or the County Executive's designee shall give an opportunity to be heard to each person requesting a hearing under paragraph (1) of this subsection.

(3)

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, and the decision shall be final.

(4)

A person may not appeal the decision of the County Executive or the County Executive's designee to the county Board of Appeals or to any court.

(e)

Assessment. The Director of Budget and Finance shall:

(1)

Assess each property owner abutting the petitioned alley who has been notified under this section an equal annual payment as determined by the County Administrative Officer; and

(2)

Collect the assessment in the manner provided in law for the collection of taxes.

(f)

Assessment deferred for tax credit eligible property owner.

(1)

A property owner assessed under 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 to the extent annually eligible.

(2)

The deferral shall terminate when the eligible property owner sells or otherwise transfers the property subject to the deferral and the amount due shall become a lien on the property in the same manner as taxes and shall be collectible in the manner provided for the collection of taxes.

(g)

Authority to adopt regulations. The Director of Public Works may adopt regulations, in accordance with Article 3, Title 7 of the Code, as are necessary to carry out the provisions of this section.

(1988 Code, § 31-52) (Bill No. 3, 1990, § 2; Bill No. 123-95, § 1, 9-22-1995; Bill No. 66-01, § 2, 7-1-2004; Bill No. 73-03, § 31, 7-1-2004; Bill No. 73-04, § 16, 9-25-2004)