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S.B. 714
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VETOES
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benefit assessments for shore erosion control.
BY repealing and reenacting, with amendments,
Article 25 - County Commissioners
Section 165
Annotated Code of Maryland
(2001 Replacement Volume)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article 25 - County Commissioners
165.
(a) After any erosion prevention works, or part thereof determined to be
constructed, shall have been completed in or for any taxing and assessment district,
said county commissioners, acting as district council for such district, are empowered
and directed to fix and levy a benefit charge upon all real property in said district
benefited by the said erosion prevention works. Before proceeding to assess such
benefits it shall first notify the owners of real property in such assessment district
that it proposes to make an assessment of benefit against their real property for such
erosion prevention works, and that upon a day certain to be named therein a hearing
will be granted such owners at a place designated therein. Said notice of the proposed
assessment, as far as practicable, shall be mailed to each property owner in said
assessment district by placing the same in an envelope addressed to his last known
address and depositing the same, postpaid, in a United States post office, and by
publication thereof once a week for two successive weeks in a newspaper of general
circulation published in the county.
(b) After said hearing has been granted, said commissioners, acting as such
district council, shall determine the benefits accruing to each of the lots or parcels of
land in said assessment district from the construction of said erosion prevention
works and shall fix and levy a benefit charge upon each lot or parcel of land in said
assessment district to the extent it is benefited by the construction of said erosion
prevention works, or part thereof. Said benefit charge shall be a lien upon the real
property against which it is assessed and shall be paid annually as county taxes are
required to be paid, by all such lots or parcels of land in such district for a period of
years coextensive with the period of maturity of the notes, certificates of indebtedness
or bonds out of the proceeds of which such erosion prevention work was done.
(C) (1) THIS SUBSECTION APPLIES ONLY IN CARROLL COUNTY,
DORCHESTER COUNTY, ST. MARY'S COUNTY, AND SOMERSET COUNTY.
(2) THE ANNUAL BENEFIT ASSESSMENTS LEVIED IN ACCORDANCE
WITH SUBSECTION (B) OF THIS SECTION SHALL BE PAYABLE IN ANNUAL
INSTALLMENTS OVER A PERIOD OF 25 YEARS OR ANY SHORTER TIME AS DIRECTED
BY THE COUNTY COMMISSIONERS.
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- 4826 -
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