MARVIN MANDEL, Governor
2937
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That new Section 18-17 be and it is hereby
added to the Public Local Laws of Dorchester County being
Article 10 of the Code of Public Local Laws of Maryland
(1974 Edition, as amended) to read as follows:
Article 10
18-17.
(A) THE COUNTY COMMISSIONERS OF DORCHESTER COUNTY
HAVE THE POWER TO PROVIDE BY ORDINANCE FOR CONSTRUCTING
ON OR ADJACENT TO PRIVATE PROPERTIES WITHIN THE COUNTY
THE STRUCTURES OR IMPROVEMENTS THE COUNTY COMMISSIONERS
OF DORCHESTER COUNTY DEEM NECESSARY TO MAINTAIN, SUPPORT
OR PROTECT ANY PUBLIC IMPROVEMENT, UTILITY OR FACILITY
WHERE THE OWNER OF ADJOINING PRIVATE PROPERTY HAS FAILED
TO ACT IN RESPECT TO PROTECTION OF A PUBLIC IMPROVEMENT,
UTILITY OR FACILITY WITHIN THE COUNTY. THE COMMISSIONERS
MAY ACQUIRE LAND AND PROPERTY FOR THE PURPOSE OF MAKING
AN IMPROVEMENT BY PURCHASE FROM THE OWNERS BY AGREEMENT
WITH THE OWNERS AS TO PRICE, OR, IF NECESSARY, BY
CONDEMNATION AS PROVIDED BY LAW.
(B) THE COUNTY COMMISSIONERS HAVE THE POWER TO
ASSESS ALL OR PART OF THE ACTUAL COST OF THE WORK
AUTHORIZED IN SUBSECTION (A). THE ASSESSMENT SHALL BE
UPON THE ADJOINING PROPERTY AND THE LEVY OF THE
ASSESSMENT CONSTITUTES A LIEN UPON SUCH LAND.
(C) THE COUNTY COMMISSIONERS HAVE THE POWER TO
COLLECT ANY SUM OR SUMS OF MONEY ASSESSED AS PROVIDED IN
SUBSECTION (B), IN ANY MANNER AND BY ANY PROCESS NOW
PROVIDED BY LAW FOR THE COLLECTION OF TAXES FROM REAL AND
PERSONAL PROPERTY WITHIN DORCHESTER COUNTY.
(D) IF THE COUNTY COMMISSION, IN ITS SOLE
DISCRETION DEEMS IT NECESSARY TO ACT TO PROTECT A PUBLIC
IMPROVEMENT, FACILITY OR UTILITY, IT SHALL PASS A
RESOLUTION DECLARING THE IMPROVEMENT THAT IS TO BE MADE,
GIVING A REASONABLE NOTICE OF THE RESOLUTION. THE
RESOLUTION SHALL PROVIDE WHAT IS TO BE IMPROVED, AND HOW
IT IS TO BE IMPROVED, AND THE ESTIMATED COST THEREOF,
SHOWING HOW MUCH OF THE COSTS WILL BE PAID BY THE
ADJOINING PROPERTY, AND AFTER THE PUBLICATION OF THE
RESOLUTION OR NOTICE THEREOF, THE COMMISSION SHALL BY
ORDINANCE APPROPRIATE THE AMOUNT TO BE PAID BY THE
COUNTY. IT SHALL ASSESS UPON THE PROPERTY THE AMOUNT TO
BE PAID BY THE PROPERTY OWNER, GIVING THE TIME WHEN THE
MONEY SHALL BE DUE AND PAYABLE. THE ORDINANCE ALSO SHALL
PROVIDE THAT UNLESS CAUSE TO THE CONTRARY IS SHOWN ON OR
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