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Session Laws, 1969
Volume 692, Page 1395   View pdf image
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MARVIN MANDEL, Governor                         1395

approval of a petition of the majority of the property owners whose
property
SUBMITTED BY THE OWNERS OF A MAJORITY
PORTION OF THE PROPERTY WHICH abuts on the road to be
constructed or improved requesting that said roads be taken into
the county roads system. In the exercise of the powers granted by
this section, the County Commissioners may by proper ordinance,
passed in accordance with the provisions of Section 3 of Article 25
of the Annotated Code of Maryland (1966 Replacement Volume and
1967 Supplement), adopt all necessary rules and conditions for the
acceptance, construction, and maintenance of such roads and/or
other authorized improvements by the county. Such ordinance may
also provide for annual benefit assessments to be levied against the
abutting properties for the purpose of reimbursing the county for
the cost of such improvements and the time and manner of payment,
but not to exceed ten years. Annual benefit assessments shall be a
first lien upon the property against which they are assessed, until
paid, subject only to prior State and county taxes, and if any prop-
erty be sold for State and county taxes, and there remains a surplus,
then the County Commissioners may upon petition to the Circuit
Court be allowed the payment of their lien.

589B.

For the purpose of giving notice to the general public as to ex-
isting liens and charges against any property for benefit assess-
ments, the County Commissioners shall keep a public record of all
names of property owners and the locations of said property, and
the amount of said benefit charges among the Land Records of Alle-
gany County under the supervision of the Clerk of the Circuit
Court, and the recordation with said Clerk of said benefit assess-
ments shall be legal notice of such liens.

589C.

The County Commissioners shall, on or before January 1, of
each year, certify its benefit assessments hereunder to the Treasurer
of Allegany County for collection from the property owners af-
fected, and the Treasurer shall add the benefit assessments to the
State and county property tax bills for collection each year, subject
to discount and interest allowances or charges as now provided by
law for Allegany County taxes on real property, and upon failure
of payment of said benefit assessments, they may be deducted from
any surplus in the hands of the Treasurer after a sale for non-pay-
ment of State and county property taxes under proper order of the
Circuit Court. In the alternative, the lien created in favor of the
annual benefit assessments may be enforced by bill in equity or by
action in personam.

589D.

Before the powers granted by this section to the County Com-
missioners shall be exercised there shall first be the petition of
property owners as hereinbefore provided requesting improvements;
public hearing upon said petition after ten days' notice in a news-
paper regularly published in Allegany County; approval of