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Session Laws, 1972
Volume 708, Page 2284   View pdf image
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2284                                Municipal Charters

owner or owners of any property assessed, or any one on his or their
behalf shall at any time have the right to anticipate by payment all in-
stallments, with interest to date, of the assessment not then due, and any
assessment or part thereof remaining due and unpaid shall be enforced
and collected by the Mayor and Council of New Carrollton in the same
manner as now or hereafter prescribed and required by law for the col-
lection of taxes.]

SECTION 15. BENEFIT ASSESSMENTS.

a.    Authority. The Council shall have the power to assess against the
abutting property and to collect from the owners thereof, any part or all
of the cost of streets, sidewalks, curbs and gutters, drainage systems and
other permanent municipal improvements as it may determine to be neces-
sary for the public benefit and for the benefit of the owners of said abut-
ting land. Such costs shall include the direct construction costs of the
project, the cost of any land acquired for the project, the interest on bonds,
notes or other evidences of indebtedness issued in anticipation of the col-
lection of special assessments, a reasonable charge for the administrative
expense incurred to levy and collect the assessment, and any other item
of cost which may reasonably be attributed to the project. All benefit
assessments so levied shall be subject to the provisions of this section. In
no case shall the Council levy an assessment to recover the cost of normal
repairs or maintenance to existing streets, sidewalks, curbs and gutters,
drainage facilities or other similar improvements. Before levying any
benefit assessment as provided herein, the Council must obtain in writing
the approval of the owners of more than 50% of the abutting property
against which the assessment is to be made.

b.   Notice of Proposed Assessment. When the Council has determined
to propose an assessment for an improvement, the Administrative Officer
shall notify in writing all owners of property against which the assess-
ment is proposed to be levied, stating a time and place for a public hearing
to be conducted thereon. Said notice may be mailed to the last known
address of the owner, or served in person upon any adult occupying the
premises. Said notice shall state the nature and extent of the proposed
project, the estimated cost of the project, the portion of the cost to be
assessed, the number of installments in which the assessment may be
paid, and the rate of interest the assessment will bear. Notice of said
public hearing shall also be advertised in at least one publication of gen-
eral circulation within the City at least five days before the date of the
hearing. Following the public hearing, and upon obtaining the written
approval of the owners of more than fifty percent (50%) of the assessable
property, the Council, in its discretion, may vote to proceed with the project
and to levy the assessment. Any person feeling aggrieved by the levying
of an assessment under the provisions of this assessment shall have the
right to appeal to the Circuit Court for Prince George's County within
ten (10) days after the levying of said assessment by the Council.

c.   Levying of Assessments. All assessments levied under the provi-
sions of this section shall be by ordinance of the City Council, and shall be
a lien on the property assessed, to be collected in the same manner as is
provided for the collection of real property taxes. The assessment against
each abutting parcel shall be for a share of the total cost of the assessable
improvement equal to the proportion thereof that the number of feet in
said parcel abutting on such improvement bears to the total assessable
frontage on the part of the street or area so improved, or shall be on such
other equitable basis as determined by the Council. The principal of such


 

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Session Laws, 1972
Volume 708, Page 2284   View pdf image
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