[HISTORY: Adopted and amended as indicated in text.]
GENERAL REFERENCES
County Commissioners — See Ch. 27.
Facilities Department — See Ch. 97.
Roads and bridges — See Ch. 104.
Self-liquidating projects — See Ch. 119.
Trailers and trailer parks — See Ch. 130.
Building construction — See Ch. 224.
Mobile homes and mobile home courts — See Ch. 257.
Stormwater management — See Ch. 274.
Subdivision regulations — See Ch. 278.
Water and sewers — See Ch. 291.
Zoning regulations — See Ch. 297.
[Adopted 10-16-2018 by Bill No. 2018-08]
[1]
Editor's Note: Former Article I, Sewage Disposal Systems (1959
Code, secs. 254 through 258; 1965 Code, secs. 312 through 316; 1969
Code, secs. 370 through 373. P.L.L., 1941, ch. 149, secs. 242A through
E; 1973, ch. 173; 1974, ch. 107, sec. 373) was repealed by the Acts
of 1991, ch. 248.
A.
Purpose.
(1)
The Board of County Commissioners of Charles County, Maryland, recognize
the importance to ensure the health, safety and welfare of Charles
County residents.
(2)
In pursuit of this goal, the Board of County Commissioners acknowledge
that approximately 1/2 of the County residents, an estimated 26,000
to 30,000 homes, operate on a private septic system.
(3)
The Board of County Commissioners of Charles County concludes that
it is in the public interest to assist citizens in ensuring that necessary
cleaning of their septic system is performed. Regular and proper cleaning
of private septic systems is beneficial to the environment and welfare
of County residents.
(4)
A septic tank riser will make cleaning of the septic system less
costly to County residents and the septic tank riser will assist in
reminding residents to have the system cleaned.
(5)
The intent of this article is to supplement and not supplant existing
Maryland state law and regulations that apply to on-site sewage disposal
systems.
B.
HEALTH OFFICER
ON-SITE SEWAGE DISPOSAL SYSTEM
SEWAGE
Definitions. In this article, the following terms have the meanings
indicated:
The Charles County Health Officer or the Health Officer's
designee.
A sewage treatment unit, collection system, disposal area,
and related appurtenances related to on-site sewage disposal.
Water-carried human, domestic and other wastes and includes
all human and animal excreta.
A.
Developers or builders of new construction are required to install
a visible septic tank riser on each compartment of the septic tank
for a single-family dwelling that utilizes an on-site sewage disposal
system.
B.
The Health Officer shall ensure compliance with this provision prior
to approving an onsite disposal system for the dwelling during the
Health Department's final inspection.
A.
Homeowners who do not have a septic tank riser and who voluntarily
choose to have a septic tank riser installed on their property may
request partial reimbursement for purchase and installation of a septic
tank riser.
B.
Reimbursement will be allowed up to $100 per single-family dwelling.
C.
Reimbursement will only be allowed while sufficent funding is available
and homeowners must present adequate proof of septic tank riser installation
being completed, with documentation of costs to the homeowner, within
six months of the septic tank riser installation.
D.
The reimbursement program will be administered by the Department
of Planning and Growth Management pursuant to such procedures it deems
necessary to carry out the mandates of this section.
If any part of this article is held to be invalid, the invalidity
shall not affect the other remaining parts.
[Adopted 1969 Code, sec. 348F. P.L.L., 1976, ch. 151, sec.
348F]
A.
The County Commissioners are authorized to construct and improve
drainage systems. The County Commissioners also may levy benefit assessments
to pay for the drainage system, but the length of time for payments
shall not exceed 30 years. Before the powers granted by this section
can be exercised, the following requirements shall be satisfied:
[Amended 6-7-2016 by Bill
No. 2016-04]
(1)
A petition of a majority of the property owners, on an acreage basis,
shall request the construction or improvement of drainage systems.
(2)
The
Director of the Department of Fiscal and Administrative Services shall
make a recommendation to the County Commissioners on the length of
the assessment based on the length and characteristics of any debt
service required to finance the construction or improvement.
(3)
Public hearings shall be held concerning the petition after 10 days'
notice in a newspaper regularly published in Charles County.
(4)
The petition shall be approved by the County Commissioners.
B.
Nothing contained herein shall prohibit the County Commissioners
from sharing all or a portion of the costs of construction of drainage
systems hereunder.
[Adopted 1969 Code, sec. 348G. P.L.L., 1976, ch. 151, sec.
348G]
The ordinance passed pursuant to this article shall set 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 or any reasonable portion thereof as
determined by the County Commissioners. The ordinance also shall provide
for the method of determining the annual benefit assessments to be
levied against the included properties.
[Adopted 1969 Code, sec. 348H. P.L.L., 1976, ch. 151, sec.
348H]
A.
Benefit assessments considered first lien. Annual benefit assessments
shall be 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, upon petition to the Circuit Court,
be allowed the payment of their lien.
B.
Existing liens and benefit charges recorded among County land records.
For the purpose of giving notice to the general public as to the existing
liens and charges against any property for benefit assessments, the
County Commissioners shall keep a public record of all names of property
owners and the locations of the property and the amount of the benefit
charges among the land records of Charles County under the supervision
of the Clerk of the Circuit Court, and the recordation with the Clerk
of the benefit assessment shall be legal notice of the liens.
[Adopted 1969 Code, sec. 348I, P.L.L., 1976, ch. 151, sec.
348I]
The County Commissioners shall, on or before July 1 of each
year, certify its benefit assessments hereunder to the Treasurer of
Charles County for collection from the property owners affected, and
the Treasurer shall add the benefit assessments to the state and County
property tax bills for collection, subject to discount and interest
allowances or charges as now provided by law for Charles County taxes
on real property, and upon failure of payment of the benefit assessments,
they may be deducted from any surplus in the hands of the Treasurer
after sale for nonpayment of state and County property taxes under
proper order of the Circuit Court. In the alternative, the lien created
in favor of the annual benefit assessments may be enforced by bill
in equity or by action at law. No deed or conveyance of real property
shall be transferred by the Assessor's office until proof of payment
of all benefit assessments has been exhibited to the Transfer Clerk.
[Adopted 1969 Code, sec. 348J. P.L.L., 1976, ch. 151, sec.
348J]
Any interested person feeling aggrieved by the levying of any
benefit assessment under this article shall have the right to appeal
to the Circuit Court for Charles County within 30 days after the final
adoption of the ordinance by the County Commissioners, and the Court,
sitting without a jury, is authorized to hear and determine whether
the County Commissioners acted pursuant to the authority granted herein
and whether the benefit assessments levied pursuant to the provisions
of this article are imposed according to law.
[Adopted 1969 Code, sec. 348K. P.L.L., 1972, ch. 650, sec.
348K; 1976, ch. 151, sec. 1]
The authority extended to the County Commissioners by this article shall
be in addition to, but not in substitution of, the powers heretofore
vested in them for the improvement of roads in Charles County.[1]
[Adopted P.L.L., 1989, ch. 36]
A.
In addition to their other powers, the County Commissioners may provide
for the construction and maintenance of drainage facilities along
all or any part of the streets, lanes, alleys and public ways of the
County and enter into agreements with any person, partnership or corporation
for their construction and maintenance.
B.
The costs of the construction and maintenance of drainage facilities
provided under the authority of this section shall be paid by a special
assessment levied upon the property within the area to be served by
the construction and maintenance of drainage facilities.
C.
A drainage facilities district may be created by the County Commissioners
after the Director of the Department of Fiscal and Administrative
Services provides a recommendation to the County Commissioners on
the length of the assessment, which shall be based on the length and
characteristics of any debt service required to finance the construction
or maintenance, and a public hearing at which time the residents and
taxpayers within the proposed drainage facilities district shall be
given an opportunity to be heard.
[Amended 6-7-2016 by Bill
No. 2016-04]
D.
Notice of the hearing shall be published at least once in a newspaper
of general circulation in the area where the proposed drainage facilities
district is to be located.
E.
Following the hearing, the County Commissioners may establish the
drainage facilities district and levy on all property that is subject
to ordinary County taxes and located within the district a special
assessment over a period not to exceed 30 years to recover the costs
of the construction and maintenance of the drainage facilities.
[Amended 6-7-2016 by Bill
No. 2016-04]
F.
All such special assessments shall be levied in the same manner upon
the same assessments for the same period or periods and as of the
same date or dates of finality as are prescribed by law.
