MUNICIPAL CHARTER CITY OF TAKOMA PARK
ARTICLE XII SPECIAL ASSESSMENTS
Section 1201 Power: Special Assessments
Section 1202 Special Assessment Procedures
Section 1201 Power: Special Assessments
The City of Takoma Park shall have the power to levy and collect taxes
in the form of special assessments upon property in a limited and determinable
area for special benefits conferred upon the property by the installation or
construction of municipal improvements and to provide for the payment of all or
any part of the above project out of the proceeds of such special assessments.
The cost of any project to be paid in whole or in part by special assessments
shall include the direct cost thereof, the cost of any land acquired for the
project, the interest on bonds, notes, or other evidences of indebtedness issued
in anticipation of the collection of special assessments, a reasonable charge
for the services of the administrative staff of the City, and any other item of
cost which may reasonably be attributed to the project.
Section 1202 Special Assessment Procedures
The procedure for special assessments, wherever authorized in this
Charter, shall be as follows:
(a) The cost of the project being charged
for shall be calculated, apportioned and levied:
(1) Equally per front
foot, lot, parcel, dwelling unit, or square foot;
(2) According to the
value of the property as determined by the Council; or
(3) In any other
reasonable manner that results in fairly allocating the costs of the
project.
(b) When desirable, the affected property may be divided into
different classes to be charged different rates but, except for this, any rate
shall be uniform.
(c) All special assessment charges shall be levied by
the Council by ordinance. Before levying any special assessment charges, the
Council shall hold a public hearing. The City Manager shall cause notice to be
given stating the nature and extent of the proposed project, the kind of
materials to be used, the estimated cost of the project, the portion of the cost
to be assessed, the number of installments in which the assessment may be paid,
the method to be used in apportioning the cost, and the time and place at which
all persons interested, or their agents or attorneys, may appear before the
Council and be heard concerning the proposed project and special assessment.
Such notice shall be given by sending a copy thereof by mail to the owner of
record of each parcel of property proposed to be assessed and to the person in
whose name the property is assessed for taxation and by publication of a copy of
the notice at least once in a newspaper of general circulation in the City. The
Clerk shall present at the hearing a certificate of publication and mailing of
copies of the notice, which certificate shall be deemed proof of notice, but
failure of any owner to receive the mailed copy shall not invalidate the
proceedings. The date of hearing shall be set at least ten (10) and not more
than thirty (30) days after the Clerk shall have completed publication and
service of notice as provided in this section. Following the hearing the Council
in its discretion, may vote to proceed with the project and may levy the special
assessment.
(d) Any owner of property on which a special assessment has
been levied shall have the right to appeal the levy of the special assessment to
the Circuit Court of Montgomery County within thirty (30) days after the levying
of the special assessment by the Council.
(e) Special assessments may be
made payable in annual or more frequent installments over such period of time,
not to exceed forty (40) years, and in such manner as the Council may determine.
The Council shall determine on what date installments shall be due and payable.
Interest may be charged on installments at the rate to be determined by the
Council.
(f) All special assessment installments shall be overdue thirty
(30) days after the date on which they became due and payable. All special
assessments shall be liens on the property and all overdue special assessments
shall be collected in the same manner as city taxes or by suit at law. Unless
otherwise provided in the ordinance, special assessment shall bear the same
interest and penalties as other city taxes and shall be subject to the same lien
priority and tax sale procedures in case of delinquency as is provided for
general city taxes.
(g) All special assessments shall be billed and
collected by the Treasurer or other agent for the City.
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