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1692 LAWS OF MARYLAND Ch. 471
1. The senior citizen population density of the
area for which the Elderly Citizen Activities Center is proposed;
and
2. The proximity of the proposed Center to
existing Elderly Citizen Activities Centers.
(6) The Board of Public Works shall make allocations from
funds available under this Act in accordance with this Act, The
Board shall certify the allocations to the proper State officers,
and the Treasurer shall make payments to the appropriate local
government agency, when needed, for eligible work.
(7) (i) If, within 15 years after completion of a project,
property with respect to which funds have been paid under this
Act is sold or transferred for use other than as an Elderly
Citizen 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 the same period, such property ceases
to be operated as an Elderly Citizen Activities Center, then the
State may recover from either the transferor or transferee or, in
the case of property that ceases to be operated as an Elderly
Citizen Activities Center, from the owner, an amount bearing the
same ratio to the then-current value of so much of the property
as constituted an approved project as the amount of the State
participation bore to the total eligible cost of the approved
project, together with all costs and reasonable attorneys' fees
incurred by the State in the recovery proceedings.
(ii) The Office on Aging shall cause notice of this
right of recovery to be recorded in the land records of the
county or Baltimore City in which the property is located before
the State makes any funds available for the approved project.
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 property is alleged to have
ceased to be operated as an Elderly Citizen Activities Center,
the Secretary of the Board of Public Works may file, in the
circuit court for the county or Baltimore City in which the
property is located, a claim under this Act (styled as a civil
action against the owner of the property 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.
1. If the circuit court determines from the
State's initial filing that there is probable cause to believe
that a default has occurred, the court shall authorize a
temporary lien on the property, in the amount of the Stated
claim (plus any additional amount estimated to be necessary to
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