This section applies whenever the Director of Transportation:finds that any footway, in whole or in part, of any paved street, lane, or alley of the City:is not properly graded and paved; is in bad repair; is otherwise in a defective condition; or is inconsistent with a streetscape plan approved in accordance with Subtitle 10A of <cite data-doc="City of Balt., Md., Ord. 24-348" data-path="|26">this article</cite>; and determines, in his or her judgment, that the footway:needs grading, paving, repaving, or repairing; or otherwise needs to be brought into compliance with the approved streetscape plan. The Director must:provide each person whose property binds or abuts on the footway with a written notice of the Director’s intention to improve, grade, pave, repave, or repair it; and give all persons whose property binds or abuts on the footway an opportunity 30 days after the date of notice to show cause, if any, why the footway should not be improved, graded, paved, repaved, or repaired. If the owner of any property cannot be found by the Director of Transportation, the Director must cause the notice to be conspicuously posted on the premises. The Director of Transportation must cause the notice provided for in this section to be given to the owner of each lot adjacent to which a footway is required to be improved, graded, paved, repaved, or repaired. For this purpose, notice may be:left at any house on the lot; served personally on the owner or the owner’s tenant, agent, or guardian; left at the owner’s residence; published in 1 or more newspapers of the City; or posted or set up on the premises. Notice given in any of these ways suffices for the purposes of this section and §§ 11-1 and 17-4 of <cite data-doc="City of Balt., Md., Ord. 24-348" data-path="|26">this article</cite>. City Code, 1879, art. 47, §§50, 51 1893, art. 48, §§51, 52 1927, art. 45, §§68(1st, 2nd sens.), 69 1950, art. 35, §§28(1st, 2nd sens.), 29 1966, art. 26, §§23(1st, 2nd sens.), 24 1976/83, art. 26, §§26(1st, 2nd sens.), 28 Rev. Ords. 1858-013 Ord. 12-102 Ord. 21-573 Ord. 22-711 Ord. 48-319 Ord. 76-139 Ord. 00-010 Ord. 15-435

Within 30 days from the date of the hearing by the Director of Transportation, any person whose property binds or abuts on the footway and who is dissatisfied with the Director’s decision on the need for improving, grading, paving, repaving, or repairing any footway, may appeal to the Board of Municipal and Zoning Appeals. That Board must hear the appeal, and its decision is final. City Code, 1927, art. 45, §68(3rd sen.) 1950, art. 35, §28(3rd sen.) 1966, art. 26, §23(3rd sen.) 1976/83, art. 26, §26(3rd sen.) Ord. 12-102 Ord. 21-573 Ord. 22-711 Ord. 48-319 Ord. 76-139 Ord. 00-010 Ord. 15-435

If no appeal is taken from the Director’s decision or if, after appeal, the Director’s decision is affirmed by the Board of Municipal and Zoning Appeals, the Director must then have the footway properly improved, graded, paved, repaved, or repaired. The owner of the property may privately improve, grade, pave, repave, or repair the footway either:within 45 days after the notice described under §10-1(b) is provided to the owner; or if an appeal is taken, within 15 days after the decision of the Board of Municipal and Zoning Appeals City Code, 1879, art. 47, §52 1893, art. 48, §51 1927, art. 45, §68(4th, 6th sens.) 1950, art. 35, §28(4th, 6th sens.) 1966, art. 26, §23(4th, 6th sens.) 1976/83, art. 26, §26(4th, 6th sens.) Rev. Ords. 1858-013 Ord. 12-102 Ord. 21-573 Ord. 22-711 Ord. 48-319 Ord. 76-139 Ord. 00-010

All work by the Director or a property owner must be done as follows: where no streetscape plan is in effect, with materials approved by the Director; where a streetscape plan is in effect, strictly in accordance with the streetscape plan; and in all cases:under the supervision and in accordance with the specifications of the Director of Transportation; and in a sufficient and substantial manner, consistent with modern techniques for improving, paving, repaving, or repairing footways. City Code, 1927, art. 45, §68(5th - 8th sens.) 1950, art. 35, §28(5th - 8th sens.) 1966, art. 26, §23(5th - 8th sens.) 1976/83, art. 26, §26(5th - 8th sens.) Ord. 12-102 Ord. 21-573 Ord. 22-711 Ord. 48-319 Ord. 76-139 Ord. 00-010 Ord. 15-435

When work under this subtitle is completed by the Director of Transportation, the Department of Transportation must determine and record in the Director’s office: the fact that the work has been done; the date the work was completed; the total expense of doing the work, including expenses reasonably incurred to ascertain the names of abutting property owners; the names of the abutting property owners; the scope of the work done at each property for which the property or its owner is to be assessed; and the total amount proposed to be assessed against each of the abutting properties and their owners. City Code, 1879, art. 47, §52 1893, art. 48, §53 1927, art. 45, §70(1st - 3rd sens.) 1950, art. 35, §30(1st - 3rd sens.) 1966, art. 26, §25(1st - 3rd sens.) 1976/83, art. 26, §29(1st - 3rd sens.) Rev. Ords. 1858-013 Ord. 12-102 Ord. 15-007 Ord. 21-573 Ord. 48-319 Ord. 56-644 Ord. 76-139 Ord. 89-290 Ord. 00-010 Ord. 15-435

If the damage to a footway was clearly caused by trees owned by the City, then the Mayor and City Council of Baltimore is responsible for the cost of the necessary improving, grading, paving, repaving, or repairing. The question of responsibility may be determined at the hearing and any appeal taken by the property owner, as authorized in this subtitle. In any fiscal year, the City’s obligation under this section may not exceed the amount appropriated in that fiscal year for these purposes. City Code, 1976/83, art. 26, §27 Ord. 67-1196 Ord. 73-347 Ord. 00-010

Whenever any footway is improved, graded, paved, repaved, or repaired, the Director of Transportation may authorize payment of the assessed amount, if it is for more than $100, to be made, at the option of the property owner, in equal annual payments, plus interest on the unpaid balance. Except as provided in subsection (c) of this section:interest accrues at the rate that the Director of Transportation, with the concurrence of the Board of Estimates, determines to be just and proper; and the number of years over which installments may be paid is as set by the Director of Transportation, not to exceed 5 years from the date of the assessment report to the Director of Finance. For work done under a streetscape plan approved in accordance with Subtitle 10A of <cite data-path="|26">this article</cite>:interest accrues at the rate specified in the plan; and the number of years over which installments may be paid is as specified in the plan, not to exceed 10 years from the date of the assessment report to the Director of Finance. The assessments continue as liens on the respective lots of ground from the date the work was completed until paid. City Code, 1976/83, art. 26, §29A Ord. 89-290 Ord. 00-010 Ord. 15-435

Once made, the Director of Transportation must report the assessments to the Director of Finance, who must proceed to collect them in the same manner that real estate taxes are collected. All assessments are due as soon as reported to the Director of Finance. Assessments may be paid:pursuant to an election to be made before the interest date, in deferred payments as provided in § 10-7 of this subtitle; or in full, without interest, at any time prior to 30 days after the 1^st of the month succeeding the date of the report to the Director of Finance. All assessments bear interest from the date due until paid in full, unless:the assessment is paid on time; or the assessment is pending appeal. A property owner may appeal an assessment:to the director of transportation within 10 days of receipt of a Notice of Assessment from the director of finance; or to the board of municipal and zoning appeals within 30 days of the Mailing of a notice of assessment, in accordance with §10-9 of this Subtitle. The assessments are liens on the property from the date the work is completed, subject, as to any party who has appealed, to the final decision on appeal. The Director of Finance:has the same remedies for the collection of assessments, interest, and penalties as those provided by law for the collection of ordinary taxes on real estate; and may use these remedies on default of any 1 annual payment. A default causes all of the amount assessed and yet unpaid to be due and payable. City Code, 1927, art. 45, §70(4th, 7th sens.) 1950, art. 35, §30(4th, 7th sens.) 1966, art. 26, §25(4th, 7th sens.) 1976/83, art. 26, §29(4th, 7th sens.) Ord. 21-573 Ord. 48-319 Ord. 56-644 Ord. 76-139 Ord. 89-290 Ord. 00-101 Ord. 04-672 Ord. 19-332 Article 26, § 10-9

Within 30 days of the mailing of a notice of assessment, the owner of the property on which the assessment is levied may appeal the assessment to the Board of Municipal and Zoning Appeals in accordance with <cite data-doc="City of Baltimore, Md., Charter">the City Charter</cite>. A person aggrieved by a decision of the Board of Municipal and Zoning Appeals under this section may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. A party to the judicial review may appeal the court’s final judgment to the Appellate Court of Maryland in accordance with the Maryland Rules of Procedure. If, on appeal, an assessment is sustained in whole or in part, the lien relates back to the time the work was completed. 2001 Ed., Article 26, § 10-8 City Code, 1927, art. 45, §70(5th, 6th, 8th - 11th sens.) 1950, art. 35, §30(5th, 6th, 8th - 11th sens.) 1966, art. 26, §25(5th, 6th, 8th - 11th sens.) 1976/83, art. 26, §29(5th, 6th, 8th - 11th sens.) Ord. 21-573 Ord. 48-319 Ord. 56-644 Ord. 76-139 Ord. 89-290 Ord. 00-010 Ord. 15-435

In addition to the remedy provided in <cite data-path="|26|§10-9">§ 10-9 of this subtitle</cite>, the City may recover, by suit or action at law from the owner of any property abutting on any footway that has been improved, graded, paved, repaved, or repaired by the Director of Transportation under this subtitle, the cost of the work done on the footway. City Code, 1879, art. 47, §53 1893, art. 48, §54 1927, art. 45, §71 1950, art. 35, §31 1966, art. 26, §26 1976/83, art. 26, §30 Rev. Ords. 1858-013 Ord. 21-573 Ord. 48-319 Ord. 76-139 Ord. 00-010 Ord. 15-435

With the Mayor’s approval, the Director of Transportation may draw on the City Comptroller, in anticipation of the collections from abutting property owners, for the money needed to improve, grade, pave, repave, or repair any footway under this subtitle. City Code, 1879, art. 47, §55 1893, art. 48, §56 1927, art. 45, §72 1950, art. 35, §32 1966, art. 26, §27 1976/83, art. 26, §31 Rev. Ords. 1858-013 Ord. 21-573 Ord. 76-139 Ord. 00-010 Ord. 15-435