2570

LAWS OF MARYLAND

Ch. 472

(7)  The Board of Public Works shall make allocations from
moneys available under this Act in accordance with the
provisions, stipulations, and limitations of the Act. the The
Board of Public Works shall certify the allocation of State funds
to the State Treasurer, and the Treasurer shall make funds
available to the appropriate local governmental agency, when
needed, for eligible work.

(8)  The Director of the Office on Aging shall make a report
annually to the General Assembly on the allocation and use of the
funds authorized by this Act. The report shall include a
description of the number, capacity, and condition of Elderly
Citizen Activities Centers in each political subdivision.

(9)  (i) If, within 15 years after completion of a project,
a facility with respect to which funds have been paid under the
provisions of this Act is sold or transferred, for use other than
as an Elderly Citizen Activity Activities Center or, to any
person, agency, or organization that is not approved as a
transferee by the Board of Public Works, or if, within 15 years
after completion of a project, a facility with respect to which
funds have been paid under the provisions of this Act ceases to
be a public facility, then the State shall be entitled to recover
from either the transferor or transferee or, in the case of a
facility which has ceased to be a public facility, from the
owner, an amount bearing the same ratio to the then current value
of so much of the facility as was constructed, acquired,
converted, acquired, rehabilitated, renovated, or improved with
the assistance of a State grant under this Act, as the amount the
State participation bore to the total cost of the project,
together with all costs and reasonable attorneys' fees incurred
by the State in the recovery proceedings.

(ii) A notice of this right of recovery shall be
recorded in the land records of the county or Baltimore City in
which the facility is located prior to the payment of any State
funds under this Act. The recording of the notice shall not
create any lien against the property; however, it shall
constitute notice to any potential transferee, potential
creditor, or other interested party, of the possibility that the
State may obtain a lien under this Act.

(iii) In the event of an alleged sale or transfer as
described above, or in the event that a facility is alleged to
have ceased to be a public facility, the Secretary of the Board
of Public Works may file, in the circuit court for the county or
Baltimore City in which the facility is located, a claim under
this Act (styled as a civil action against the owner of the
facility and any other interested parties, including any
transferor that the State wishes to make a party) together with
sworn affidavits stating facts on which the allegations of
default are based, as well as a detailed justification of the
amount claimed.