[HISTORY: Adopted by the The Commissioners
of St. Michaels as indicated in article histories. Amendments noted
where applicable.]
[Adopted 2-14-1978 by Ord. No. 116; amended in its entirety 8-23-2006 by Ord. No. 344]
The Town shall not sell or otherwise convey
any interest in real property held by the Town unless an ordinance
is first adopted by the Town Commissioners, based on findings of fact
by the Town Commissioners as the result of a public hearing conducted
by them in their legislative capacity. This chapter shall apply to
any interest in real property held by the Town, including property
acquired by the Town with federal or state funds for purposes of urban
renewal and development.
Said public hearing and ordinance shall include
the following: a particular description of the interest in real property
intended to be declared surplus and conveyed, by metes and bounds,
courses and distances, or by recording reference of the deed or other
conveyancing document where a copy of such deed or other conveyancing
document is attached to the ordinance; and a description of the consideration,
terms and conditions of the transaction by which the interest in real
property will be conveyed by the Town. Following their public hearing
and before adopting an ordinance declaring an interest in real property
held by the Town as surplus, and/or authorizing the conveyance of
such interest in real property, the Town Commissioners shall issue
written findings of fact in their legislative capacity, finding that:
all applicable requirements of law precedent to the conveyance of
such interest in real property, including those of Maryland Code,
Art. 23A, Section 2, Subsection b(24), have been or shall be satisfied
at or before the time of such conveyance; and such conveyance is in
the interest of the Town and its citizens.
Public notice shall be given of the adoption
by the Town Commissioners of an ordinance declaring an interest of
the Town in real property to be surplus, and/or authorizing the conveyance
of such an interest in real property. For the purpose of this chapter
only, the term "public notice" shall mean publication at least three
times in a newspaper having general circulation within the Town. The
first such publication shall be at least 21 days prior to the execution
by the Town of any binding document for the sale or conveyance by
the Town of an interest in real property; publication shall be once
each week thereafter for the next two successive weeks; and the third
such publication shall be a least seven days prior to the execution
by the Town of any binding document for the sale or conveyance. The
public notice shall include a fair summary of the ordinance adopted
by the Town Commissioners, including: a description of the interest
of the Town in real property declared surplus and/or intended to be
conveyed; the intention of the Town Commissioners to convey or dispose
of said interest in real property; and the manner by which the Town
Commissioners intend to dispose of the interest in real property,
whether it be by public auction, sealed bids, private sale, trade
or otherwise.
[Adopted 6-22-2022 by Ord. No. 533]
No person may place, erect or construct a sign, structure, or
obstruction on Town property, including, but not limited to, Town
rights-of-way, without the permission of the Town.
A.Â
A violation of the provisions of this Article II is declared to be a municipal infractions, subject to a fine of $250. Every day a violation continues shall constitute a separate offense.
B.Â
Notwithstanding the imposition of the penalties set forth in Subsection A of this section, the Town may take such additional and further actions to enforce the provisions of § 63-4 of this chapter as may otherwise be available to it by law, including the initiation of an action for damages or other legal or equitable relief.
