WILLIAM DONALD SCHAEFER, Governor Ch. 319
97-2.
(A) IN ACCORDANCE WITH THIS ARTICLE, THE COUNTY
COMMISSIONERS MAY:
(1) ACQUIRE AND IMPROVE PRIVATE WATER SYSTEMS AFTER
RECEIVING A REQUEST THAT THE PRIVATE WATER SYSTEM BE TAKEN INTO
THE COUNTY SYSTEM. TO SIGNIFY ITS ACCEPTANCE OF A PRIVATE WATER
SYSTEM, THE COUNTY COMMISSIONERS SHALL APPROVE THE PETITION OF
THE MAJORITY OF THE PROPERTY OWNERS WHOSE PROPERTY IS SERVED BY
THE PRIVATE WATER SYSTEM; AND
(2) LEVY AN ANNUAL BENEFIT ASSESSMENT ON THE
PROPERTIES SERVED BY THE PRIVATE WATER SYSTEM TO REIMBURSE THE
COUNTY FOR THE COSTS OF ACQUISITION AND IMPROVEMENT.--------------
(B) AFTER ACQUISITION OF A PRIVATE WATER SYSTEM, IT SHALL
BE OPERATED AND MAINTAINED BY THE DEPARTMENT OF PUBLIC WORKS
PURSUANT TO THE DEPARTMENT'S RATES AND REGULATIONS.
(C) (1) IN THE EXERCISE OF THE POWERS GRANTED BY THIS
ACTION ARTICLE, THE COUNTY COMMISSIONERS BY ORDINANCE MAY ADOPT
ALL NECESSARY REGULATIONS AND CONDITIONS FOR THE ACCEPTANCE,
ACQUISITION, IMPROVEMENT, AND MAINTENANCE OF PRIVATE WATER
SYSTEMS. THE ORDINANCE AUTHORIZED UNDER SUBSECTION (A) OF THIS
SECTION, THE COUNTY COMMISSIONERS SHALL PROVIDE FOR THE METHOD OF
DETERMINING THE ANNUAL BENEFIT ASSESSMENTS TO BE LEVIED AGAINST
THE PROPERTIES SERVED BY THE PRIVATE WATER SYSTEM FOR THE PURPOSE
OF REIMBURSING THE COUNTY FOR ALL COSTS OF THE IMPROVEMENT AND
ACQUISITION. THE ORDINANCE SHALL SPECIFY THE TIME AND MANNER OF
PAYMENT, WHICH MAY NOT EXCEED 15 YEARS. THE COUNTY COMMISSIONERS
MAY CHARGE INTEREST ON THE AMOUNT OF COUNTY FUNDS PROVIDED TO
ACQUIRE AND IMPROVE THE SYSTEM, AND SHALL DETERMINE THE RATE OF
INTEREST IMPOSED.
(2) ANNUAL BENEFIT ASSESSMENTS SHALL BE A FIRST LIEN
UPON THE PROPERTIES AGAINST WHICH THEY ARE ASSESSED UNTIL PAID,
SUBJECT ONLY TO PRIOR STATE AND COUNTY TAXES. IF ANY PROPERTY IS
SOLD FOR STATE AND COUNTY TAXES AND A SURPLUS REMAINS AFTER THE
SALE, THEN THE COUNTY COMMISSIONERS, UPON PETITION TO THE CIRCUIT
COURT, MAY BE ALLOWED THE PAYMENT OF THEIR LIEN.
97-3.
FOR THE PURPOSE OF GIVING NOTICE TO THE GENERAL PUBLIC AS TO
THE EXISTING LIENS AND CHARGES AGAINST ANY PROPERTY FOR THE
BENEFIT ASSESSMENTS AUTHORIZED UNDER § 97-2 OF THIS ARTICLE, THE
COUNTY COMMISSIONERS SHALL KEEP A PUBLIC RECORD OF ALL NAMES OF
PROPERTY OWNERS, THE LOCATION OF THE PROPERTIES, AND THE AMOUNT
OF THE BENEFIT CHARGES. THIS PUBLIC RECORD SHALL BE FOUND AMONG
THE LAND RECORDS OF CHARLES COUNTY THAT ARE UNDER THE SUPERVISION
OF THE CLERK OF THE CIRCUIT COURT. RECORDATION OF THE BENEFIT
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