Title 10. Department of Aging — Subtitle 5. Senior Citizen Activities Centers

“Cost” means all expenses incident to a project.

“Cost” includes:

receives or has received a grant for work that is eligible under this part;

is operated under the authority of a unit of local government; and

is:

planning, design, construction, acquisition, conversion, renovation, or improvement of a senior citizen activities center;

developing a master plan;

purchasing capital equipment for a project;

leasing a senior citizen activities center as a lessee or lessor; or

making a subgrant to a nonprofit organization for a purpose described in item (1), (2), (3), or (4) of this subsection.

Any federal grant that is received for a project shall be applied first to the cost of the project.

Except as provided in subsection (b) of this section, a State grant for a project may not exceed the lesser of $800,000 or 50% of the cost of eligible work remaining unpaid after any federal grant is applied.

A State grant to develop a master plan may not exceed the lesser of $15,000 or 50% of the cost of development of the plan.

the project involves the conversion, acquisition, renovation, construction, or improvement of a building for use as a senior citizen activities center;

the value of real property and existing improvements made available by the local government equals or exceeds the amount of the State grant; and

the residual value of the real property and existing improvements made available by the local government exceeds the sum of:

the density of the senior population in the area affected by the project;

the proximity of the proposed center to an existing senior citizen activities center; and

other localities eligible for State funding that have not received previous funding under the Program or similar programs.

record the notice of the State’s right to recovery in the land records of the county in which the senior citizen activities center is or will be located; and

provide evidence of the recordation to the Department.

the property, with respect to which funds have been paid under this subtitle, ceases to be operated as a senior citizen activities center; or

an interest in property for which funds have been paid under the Program is assigned, transferred, or conveyed:

an amount that equals the value of the property, with respect to which funds have been paid under this subtitle, at the time of the recovery multiplied by a fraction:

costs, including reasonable attorney’s fees that the State incurs in recovery proceedings.

If a default described in § 10–507(a) of this subtitle is alleged, the Secretary of the Board of Public Works may file a civil action under this part in the circuit court of the county in which the property is located against the owner of the property and any other interested parties, including any transferor that the State wishes to make a party.

The initial filing shall include sworn affidavits stating facts on which the allegations of default are based and a detailed justification of the amount claimed.

If the court determines from the State’s initial filing that there is probable cause to believe that a default described in § 10–507(a) of this subtitle has occurred, the court shall authorize a temporary lien on the property pending full determination of the State’s claim.

The temporary lien shall be in the amount of the State’s claim, plus any additional amount estimated to be necessary to cover the costs and reasonable attorney’s fees incurred by the State, or another amount that the court determines is reasonable.

The temporary lien takes effect:

While the temporary lien is in effect, the owner or any person who acquired an interest in the property after the State first made funds available under the Program may not take an action that would affect the title to the property or institute proceedings to enforce a security interest or other similar rights in the property, without the prior written consent of the State.

The owner or any other interested party may obtain a release of the temporary lien at any time by filing with the court a bond securing the payment in full of the amount described in subsection (b)(2) of this section.

The owner or other interested party may cause the release to be recorded in the land records of the county in which the property is located.

After a full adversary proceeding, if the court finds that a default described in § 10–507(a) of this subtitle has occurred, the court shall issue a final judgment for the amount the court finds to be recoverable by the State.

All parties involved in the default, including the owner of the property, shall be held jointly and severally liable to the State for the amount of the judgment.

If the court finds that a default described in § 10–507(a) of this subtitle has not occurred or if the court’s judgment is paid in full to the State within 30 days after the court’s final order, any temporary lien shall be released immediately and the Secretary of the Board of Public Works shall cause the release to be recorded in the land records of the county in which the property is located.

A lien issued under this section takes effect on the later of:

The owner or any other interested party may obtain release of a lien issued under this part by paying to the State the full amount of the judgment entered by the circuit court, and any interest that has accrued from the date of judgment.

On payment in full, the Secretary of the Board of Public Works shall cause a release to be recorded in the land records of the county in which the property is located.

Baltimore City; and

a county:

The Fund consists of appropriations that are made to the Fund from the State budget.

$100,000 of the Fund shall be distributed to counties for senior citizen activities centers based on a competitive grant process administered by the Department.

At least $250,000 of the Fund shall be distributed for senior citizen activities centers to distressed counties as follows: