[HISTORY: Adopted by the Town Council of the Town of Elkton 9-19-2016. Amendments noted where applicable.]
The following procedures for the imposition of taxes or assessments upon abutting property owners for making, improving, replacing or enlarging the walkways upon existing streets; for improving and paving existing alleys; for either the construction or the use of sanitary or stormwater sewers, including retaining walls, curbs and gutters; for the construction, replacement or enlargement of sidewalks, waterlines, sanitary sewers or stormwater sewers; for the construction or installation of canopies or other weather protective devices; for the installation of lighting in connection with the foregoing; and for permanent amenities, including, but not limited to, benches or waste receptacles, are hereby adopted.
Whenever any of the foregoing local improvements is desired, the same shall be done and the cost thereof shall be borne in accordance with the provisions of this chapter and the same shall be ordered done only as hereinafter set out:
Such work may be ordered done in pursuance of any agreement entered into between the Town and the abutting property owner or property owners, whereby such abutting property owners shall agree to bear the expense, or a portion of the expense, of such construction or improvement to be apportioned among them.
In the absence of such agreement, such improvement may be ordered if the Council shall have received a petition from not less than 3/4 of the property owners to be affected thereby.
In the absence of such agreement or such petition, no such improvements will be ordered except at the Town's expense.
When the assessment or apportionment is not fixed by agreement, notice thereof, and of the amount so assessed or apportioned, shall be given each of the then abutting owners and he or she shall be cited thereby to appear before the Council not less than 10 days thereafter, at a time and place to be designated in said notice, to show cause, if any he or she can, against such assessment or apportionment.
The notice required by the preceding Subsection D may be given by personal service on all persons entitled to such notice, except that notice to an infant or insane person may be served on his or her guardian or committee and notice to a nonresident may be mailed to him or her at his or her place of residency or served on any agent of his or hers having the property in charge, or on the tenant of the freehold, or in any case when the owner is a nonresident, or when the owner's residence is not known, such notice may be given by publication in some newspaper published or having general circulation in the Town once a week for four successive weeks. Or, in any case, in lieu of such personal notice on the parties or their agents and of such publication, the notice to all parties may be given by publishing the same in some newspaper published or having general circulation in the Town of Elkton once a week for two successive weeks, the last publication to be made at least 10 days before the parties are cited to appear. Any property owner wishing to make objections to an assessment may appear in person or by counsel and state his or her objections.
If the objections of any property owner to the assessment or apportionment are overruled, and if he or she shall not within 30 days thereafter take an appeal to the Circuit Court upon the action of Council, the Council may direct that the work be proceeded with. If an appeal is taken, the Clerk of the Council shall immediately deliver to the Clerk of the Court the original notice relating to the assessment, with the judgment of the Council endorsed thereon.
The cost of any work done under the provisions of this chapter, when the same shall have been ascertained, shall be assessed or apportioned by the Council between the Town and abutting property owners in accordance with the terms of any agreement between the Town and such abutting property owners or, in the absence of such agreement, in accordance with such terms as are fixed by Council; provided, however, that such taxes or assessments shall not be in excess of the peculiar benefits resulting from the improvements to such abutting property owner or owners; and no assessment for retaining walls shall be imposed upon any property owner who does not agree to such assessment.
The amount assessed against the abutting property owner or property owners under the provisions of this article shall not exceed 1/2 of the total cost of such improvement.
The amount assessed against each abutting property owner or for which he or she is liable by agreement shall be reported as soon as practicable to the Town Treasurer, who shall enter the same as provided for other taxes.