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Session Laws, 1970
Volume 695, Page 2281   View pdf image
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Capitol Heights                                  2281

(b) Procedure: The procedure for special assessments, wherever
authorized in this Charter
; shall be as follows:

1.    The cost of the project being charged for shall be assessed accord-
ing to the front foot rule of apportionment or some other equitable basis
determined by the Council.

2.    The amount assessed against any property for any project or
improvement shall not exceed the value of the benefits accruing to the
property therefrom.

3.    When desirable, the affected property may be divided into differ-
ent classes to be charged different rates, but, except for this, any rate
shall be uniform.

4. All special assessment charges shall be levied by the Council by
ordinance. Before levying any special assessment charges, the Council
shall hold a public hearing. The Clerk or Treasurer, as designated by the
Mayor and Common Council, shall cause notice to be given stating the
nature and extent of the proposed project, the kind of materials to be used,
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, the
method to be used in apportioning the cost, and the limits of the proposed
area of assessment. The notice shall also state the time and place at which
all persons interested, or their agents or attorneys, may appear before the
Council and be heard concerning the proposed project, and special assess-
ment. Such notice shall be given by sending a copy thereof by mail to the
owner of record of each parcel of property proposed to be assessed and to
the person in whose name the property is assessed for taxation and by
publication of a copy of the notice at least once in a newspaper of general
circulation in the Town. The Clerk or Treasurer, as designated by the
Mayor and Common Council, shall present at the hearing a certificate of
publication and mailing of copies of the notice, which certificate shall be
deemed proof of notice, but failure of any owner to receive the mailed
copy shall not invalidate the proceedings. The date of hearing shall be
set at least ten (10) and not more than thirty (30) days after the Clerk
or Treasurer, as designated by the Mayor and Common Council, shall
have completed publication and service of notice as provided in this section.
Following the hearing the Council, in its discretion, may vote to proceed
with the project and may levy the special assessment.

5.    Any interested person feeling aggrieved by the levying of any
special assessment under the provisions of this section shall have the right
to appeal to the Circuit Court for Prince George's County within thirty
(30) days after the levying of any assessment by the Council.

6.    Special assessments may be made payable in annual or more fre-
quent installments over such period of time not to exceed forty (40) years,
and in such manner as the Council may determine. The Council shall
determine on what date installments shall be due and payable. Interest
may be charged on installments at the rate to be determined by the
Council.

7.    All special assessment installments shall be overdue six (6)
months after the date on which they became due and payable. All special
assessments shall be liens on the property and all overdue special assess-
ments shall be collected in the same manner as Town taxes or by suit at law.

8.    All special assessments shall be billed and collected by the Clerk
or Treasurer, as designated by the Mayor and Common Council.


 

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Session Laws, 1970
Volume 695, Page 2281   View pdf image
 Jump to  
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