4066

LAWS OF MARYLAND

Ch. 767

[(b) All front foot benefit charges heretofore levied
by the commission, whether by original levy or by increase,
as the same stood charged by the commission against the
respective properties on December the 31st, 1926, are hereby
ratified and confirmed and determined to be a reasonable
charge, and such front foot benefit charges as the same had
been levied or increased by the commission are hereby
declared to be a lien upon the properties against which the
same were charged by the commission and enforceable as a
lien under the provisions of the law relating thereto at the
time the same were in default. The front foot benefit
charge herein levied shall not be increased nor shall any
additional front foot benefit charge be levied against the
property upon which there had been levied a front foot
benefit charge as of December 31, 1926.

(c) Whenever through error, inadvertence or oversight
or by reason of any judgment or decree any property subject
to a front foot benefit charge under this article has not
had the same levied against it or where the same has been
levied by an erroneous description, or in the wrong name, or
where service upon the owner has not been had or where the
same has been set aside by a judgment or decree, the
commission may, upon the discovery of the error,
inadvertence, oversight, or within a reasonable time after
the rendition of the judgment or decree, levy the front foot
benefit charge at the rate and in the classification that
the same was originally entitled or may be prescribed by the
court to and any increase applied to the project of which it
formed a part and the]

(A) ON THE DISCOVERY OF AN ERROR, INADVERTENCE, OR
OVERSIGHT, OR WITHIN A REASONABLE TIME AFTER THE RENDITION
OF A JUDGMENT OR DECREE, THE WSSC MAY LEVY A FRONT FOOT
BENEFIT CHARGE AT A RATE AND IN A CLASSIFICATION THAT IT
ORIGINALLY COULD HAVE ESTABLISHED OR THAT A COURT
PRESCRIBES, INCLUDING ANY INCREASES APPLIED TO THE PROJECT
OF WHICH THE PROPERTY IS A PART IF:

(1)  THE WSSC DISCOVERS THAT PROPERTY SUBJECT TO
A FRONT FOOT BENEFIT CHARGE HAS ERRONEOUSLY NOT HAD A FRONT
FOOT BENEFIT CHARGE LEVIED AGAINST IT;

(2)  THE WSSC DISCOVERS THAT PROPERTY SUBJECT TO
A FRONT FOOT BENEFIT CHARGE HAS HAD THE CHARGE LEVIED BY AN
ERRONEOUS DESCRIPTION OR IN THE WRONG NAME;

(3)  NOTICE HAS NOT BEEN GIVEN TO AN OWNER; OR

(4)  THE SERVICE OF NOTICE WAS SET ASIDE BY A
JUDGMENT OR DECREE.

COMMITTEE NOTE: Subsection (a) of this section is
derived without substantive change from former
Article 67, § 5-l(b) and (c).