§ 20-1-118. NOTICE TO OWNERS OF PROPERTY SUBJECT TO SPECIAL ASSESSMENTS.

(a)

(1)

Whenever the county, acting through any of its departments, extends or constructs or intends to extend or construct a water main or sewer line under the authority of this title, the Director of Public Works shall notify each real property owner whose property will be subject to the special assessment of the county's intention to levy a special assessment against the property.

(2)

Notice shall be served by first-class mail, postage prepaid, addressed to each property owner at his ordinary post office address as indicated on the county assessment records for such property, with the return address of the Director of the Department of Public Works.

(3)

The Director of the Department of Public Works, upon mailing of the notices required by this subsection, shall make an affidavit containing:

(i)

A statement that notice to each property owner was sent by first-class mail;

(ii)

The date of the mailing;

(iii)

A copy of the notice of proposed special assessment; and

(iv)

A list of the property owners and addresses to whom such notice was sent.

(4)

If the owner of the property subject to notice under this subsection is unknown, a nonresident, or cannot be located, the Director of Public Works may:

(i)

Serve the notice upon any person in actual custody or possession of the premises; or

(ii)

If no person in actual custody or possession can be found, conspicuously post a copy of the notice upon the property.

(b)

(1)

Any property owner notified in accordance with subsection (a) of this section may appeal in writing to the Director of Public Works. Such appeal shall be deemed to be timely filed if received by the office of the Director within forty-five (45) days after the date of the notice. Failure to file a timely appeal will result in the proposed assessment becoming final.

(2)

All timely appeals shall be heard before a panel consisting of the Director of Public Works, the Director of Permits and Development Management and the Director of Budget and Finance, or their respective designees. All hearings of the panel shall be held prior to July 1 of the tax year for which the assessment is to be imposed. The panel shall offer alternative dates and times for the hearing which shall reflect, to the extent possible, a convenient hearing schedule for all the parties. Hearings may be held by block or community where similar property and assessment characteristics exist.

(3)

The hearing shall be informal and not bound by technical rules of evidence. Any property owner notified under this section may present such proof and arguments or file such data and information as they may desire. An agent or attorney may represent the property owner if that agent or attorney has first filed with the Director of Public Works his right of power of attorney to represent the property owner.

(c)

After due consideration of the documents and arguments submitted, the panel shall decide whether any proposed special assessment appealed is proper and if the amount of the special assessment is appropriate. The panel may order changes in the proposed special assessment. All decisions of the panel shall be by majority vote.

(d)

Following any hearing, the panel shall notify any appealing property owner, his attorney or agent, of the panel's decision, the final assessment resulting therefrom and of the property owner's right of appeal.

(e)

Any appealing property owner, upon receipt of a final assessment notice from the panel, shall have the right to appeal that decision to the Board of Appeals within thirty (30) days of the date of the notice of the final assessment.

(1988 Code, § 35-143) (Bill No. 49-96, § 21, 7-1-1996; Bill No. 30-03, § 1, 7-1-2004)

Editor's note:
  Section 25 of Bill 122-10 provides that each reference to the Department or Director of Permits and Development Management in Article 20 of the Baltimore County Code, 2003, as amended, shall be deemed to refer to the Department or Director of Permits, Approvals and Inspections.