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Martin O'Malley, Governor
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Ch. 261
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(2) IF THE COMMISSION APPROVES AN APPLICATION FOR WATER
AND SEWER LINES AND THE APPLICANT MAKES A CONTRIBUTION TO THE COST
OF CONSTRUCTION IN ACCORDANCE WITH THIS SUBSECTION, THE COMMISSION
MAY CONSTRUCT THE WATER OR SEWER LINES REQUIRED BY THE APPLICANT.
(3) IF THE COMMISSION CONSTRUCTS THE WATER OR SEWER
LINES, IT SHALL IMPOSE A SYSTEM IMPROVEMENT CHARGE IN ACCORDANCE
WITH THIS SECTION.
L. WHEN THE COMMISSION IMPROVES A WATER SYSTEM OR SANITARY
SEWERAGE SYSTEM BY REPLACING, AUGMENTING, UPGRADING, OR EXPANDING
IT IN ORDER TO PROVIDE INCREASED OR IMPROVED WATER OR SEWER SERVICE
AND THE NECESSITY FOR THE IMPROVEMENT ARISES FROM CHANGES,
WHETHER INDIVIDUALLY OR CUMULATIVELY, IN USE OR ZONING CATEGORY OF
THE PROPERTY, THOSE PROPERTIES SHALL DERIVE A BENEFIT FROM THE
IMPROVED FACILITY AND THE COMMISSION SHALL IMPOSE SYSTEM
IMPROVEMENT CHARGES ON THE BENEFITED PROPERTY FOR THE
CONSTRUCTION AS PART OF THE WATER OR SEWER SYSTEM SERVICES.
M. (1) THE SYSTEM IMPROVEMENT CHARGE SHALL BE PAYABLE AT
THE OFFICE OF THE COMMISSION AT A TIME THAT THE COMMISSION
DETERMINES.
(2) IF ANY CHARGES REMAIN UNPAID FOR A PERIOD OF THIRTY
(30) DAYS AFTER THE PAYMENT IS DUE, IN ADDITION TO ANY OTHER CHARGES,
THE COMMISSION MAY IMPOSE A LATE CHARGE NOT TO EXCEED ONE AND
ONE-HALF (1 1/2) PERCENT PER MONTH UNTIL ALL DELINQUENT CHARGES ARE
PAID.
(3) THE ENTIRE UNPAID SYSTEM IMPROVEMENT CHARGE SHALL
BE OVERDUE AND IN DEFAULT AFTER THIRTY (30) DAYS AFTER THE PAYMENT IS
DUE FOR ALL OR ANY PART OF THE SYSTEM IMPROVEMENT CHARGE REQUIRED
BY THE COMMISSION, AT WHICH TIME THE COMMISSION MAY PROCEED TO
ENFORCE PAYMENT.
(4) ANY STATUTE OF LIMITATIONS TO THE CONTRARY
NOTWITHSTANDING AND SUBJECT ONLY TO PRIOR STATE AND COUNTY TAXES,
THE SYSTEM IMPROVEMENT CHARGE SHALL BE A FIRST LIEN ON THE PROPERTY
AGAINST WHICH IT IS ASSESSED UNTIL PAID.
(5) FOR PURPOSES OF COLLECTION:
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-1741 -
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