WILLIAM DONALD SCHAEFER, Governor                   Ch. 470

will benefit from the proposed construction of improvement,
requesting that the roads be taken into the county road system.
In addition, when requested by the property owners and on receipt
of a petition signed by a majority of the property owners
affected, the County Commissioners may construct and install
sidewalk systems. In the exercise of the powers granted by this
subsection, the County Commissioners, by proper ordinance passed
in accordance with the provisions of § 3 of Article 25 of the
Annotated Code of this state, may adopt all necessary rules and
conditions for the acceptance, construction and maintenance of
roads or other authorized improvements by the county. The
ordinance shall provide for the method of determination of the
annual benefit assessments levied against the properties
benefiting from the improvements for the purpose of reimbursing
the county for the cost of the improvements and the time and
manner of payment, but not to exceed twenty (20) years. Annual
benefit assessments are a first lien upon the property against
which they are assessed, until paid, subject only to prior state
and county taxes, and if any property is sold for state and
county taxes and there remains a surplus, then the County
Commissioners may petition the Circuit Court to secure payment of
their lien.

(2) Before the powers granted by this subsection are
exercised, there must first be the petition of the property
owners requesting improvements, public hearing upon the petition
after ten (10) days' notice in a newspaper regularly published in
St. Mary's County, approval of the petition by the majority vote
of the County Commissioners and passage of a resolution pursuant
to the authority of the section, setting forth the improvements
being constructed, the property owners affected and all material
terms of the annual benefit assessments levied to pay the cost of
the improvements, of any reasonable portion of them, as
determined by the County Commissioners.

D. (1) A PERSON ADVERSELY AFFECTED BY AN ORDINANCE,
RESOLUTION, OR CONTRACT AUTHORIZED UNDER THIS SECTION MAY APPEAL
THE COUNTY COMMISSIONERS' ACTION TO THE CIRCUIT COURT OF ST.
MARY'S COUNTY.

(2) (I) AN APPEAL AUTHORIZED UNDER THIS SECTION SHALL
BE FILED WITHIN 30 DAYS OF THE EFFECTIVE DATE OF:

1.  AN ORDINANCE OR RESOLUTION PASSED.
PURSUANT TO THIS SECTION; OR

2.  A CONTRACT AUTHORIZED IN SUBSECTION B
OF THIS SECTION.

(II) AN APPEAL AUTHORIZED IN THIS SECTION SHALL
BE CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF THE MARYLAND
RULES OF PROCEDURE GOVERNING APPEALS FROM ADMINISTRATIVE
AGENCIES.

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