Title 10. Express Powers Act — Subtitle 3. Express Powers of Charter Counties and Code Counties

Within 15 days after the beginning of the fourth year of the term, a commission established under this section, by resolution, shall submit to the county legislative body its recommendation for the compensation and allowances for members of the county legislative body.

Subject to subsection (e) of this section, the commission may recommend an increase or decrease in the compensation and allowances for members of the county legislative body.

prevent conflicts between the private interests and public duties of county officers and members of the county legislative body;

govern the conduct and actions of all county officers and members of the county legislative body in the performance of their public duties; and

provide for penalties, including removal from office, for a violation of the local laws or any regulations adopted under the local laws.

establish and maintain local correctional or detention facilities and juvenile facilities;

regulate all individuals confined in the facilities; and

make appropriate provisions for females and juveniles.

the establishment of a county board of appeals, whose members shall be appointed by the county legislative body;

the number, qualifications, terms, and compensation of the members of the county board of appeals;

the adoption by the county board of appeals of rules of practice that govern its proceedings; and

a decision by the county board of appeals on petition of any interested person, after notice and opportunity for hearing, on the basis of a record before the board.

an application for a zoning variation or exception or amendment of a zoning map;

the issuance, renewal, denial, revocation, suspension, annulment, or modification of any license, permit, approval, exemption, waiver, certificate, registration, or other form of permission or of any adjudicatory order;

the assessment of any special benefit tax; or

the adjudication of a violation of an ordinance delegated in accordance with § 4–406(b) of the Courts Article.

Any person aggrieved by the decision and a party to the proceeding before the county board of appeals may seek review by the circuit court for the county.

The circuit court may:

Any party to the proceeding in the circuit court aggrieved by the decision of the circuit court may appeal to the Appellate Court of Maryland in the same manner provided for civil cases.

the auditing of county accounts; and

assisting the Legislative Auditor or other State officer authorized to audit the county accounts.

the acquisition by purchase, lease, condemnation, or otherwise of property required for public purposes in the county; and

the disposal of any real or leasehold county property, if the county property is no longer needed for public use.

A county may grant any franchise or right to use a franchise, including any right or franchise in relation to any highway, street, road, lane, alley, or bridge.

A county may grant a franchise for a cable television system as provided in § 1–708 of this article.

For any franchise granted under this subsection, a county may:

Except as provided in paragraph (2) of this subsection, before the county makes any disposition, grant, or lease of county property, the county shall publish notice of the disposition, grant, or lease once a week for 3 successive weeks in at least one newspaper of general circulation in the county and shall include the terms and the compensation to be received and give opportunity for objections.

A county may grant an easement for a public utility without giving notice under this subsection.

A county may direct the class or subclass of property that is subject to the county property tax.

A county may impose a tax on the value of property of any sum that may be necessary:

A county may create a sinking fund to meet the liabilities incurred by the county.

the prompt collection of all taxes due the county; and

the sale of property for the payment of unpaid taxes.

correct errors in the assessment of property;

provide for the reduction or abatement of assessments improperly made; and

provide for the reimbursement of overpayments made because of an assessment error.

A county may impose a tax for the organization, operation, and maintenance of:

A county may authorize the purchase, sale, construction, maintenance, and operation of all property necessary or incidental to the services listed in paragraph (1) of this subsection.

performs municipal services, other than furnishing fire protection or library service; and

is governed or administered by a committee or a commission elected or appointed independently of the county legislative body.

shall specify the membership, organization, jurisdiction, and geographical limits of the authority;

shall specify the purposes of the authority, including:

may specify which provisions of the county charter or local law relating to personnel, procurement, or similar operational matters apply to the authority, except that minority business enterprise procurement and equal employment opportunity laws may not be waived;

may approve the annual budget of the authority if the county governing body imposes an ad valorem tax to support the authority; and

may provide any financing that it considers appropriate for the authority through fees that may be charged to, or taxes that may be imposed against, businesses subject to the authority’s jurisdiction.

exercise the power of eminent domain;

purchase, sell, construct, or lease as a lessor office or retail space; or

except as otherwise authorized by law, engage in competition with the private sector.

the location, construction, repair, and use of streets and highways;

the disposal of wastes;

the control of soil erosion and the preservation of the natural topography; or

the erection, construction, repair, and use of buildings and other structures.

building, maintaining, and repairing any street, road, lane, alley, footway, bridge, culvert, highway, or public place that is condemned, ceded, opened, widened, extended, or straightened as public property; and

the assessment of the costs of any work done in accordance with item (1) of this subsection on the assessable basis of the county.

that the owner or possessor of any lot shall grade, regrade, pave, repave, or repair the footways in front of the lot; and

for the enforcement of item (1) of this subsection by fine or penalty.

At the request of the board of managers of a drainage association, the county legislative body shall appoint a board of viewers to determine if the original determination as to which lands have benefited from the drainage improvement project has changed.

The board of viewers shall have the same qualifications, rights, powers, privileges, and duties as the original board of viewers.

The board of viewers shall report its findings to the county legislative body.

The report shall be considered in the same manner as the original report, including the same right to a public hearing and the right to judicial review.

Any revision in the original determination as to which lands benefit from the improvements shall become the basis for all future assessments for paying for the improvements, including related expenses such as damages and the maintenance of the improvements.

the construction, equipment, and use of parks, community centers, and recreational buildings and facilities;

the acquisition of sites for parks, community centers, and recreational buildings and facilities;

financial support for artistic, musical, and cultural public and private nonprofit organizations and activities; and

the furnishing of recreational and other municipal services in connection with parks, community centers, and recreational buildings and facilities.

A county may enact local laws relating to zoning and planning to protect and promote public safety, health, morals, and welfare, including:

A county may provide that a violation of a zoning law or regulation enacted under this section is a civil zoning violation, enforceable as provided under Title 11, Subtitle 2 of the Land Use Article.

Any decision of the circuit court under paragraph (1)(i) of this subsection may be appealed to the Appellate Court of Maryland.

It is the policy of the State that the orderly development and use of land and structures requires comprehensive regulation through implementation of planning and zoning controls.

It is the policy of the State that planning and zoning controls shall be implemented by local government.

To achieve the public purposes of this regulatory scheme, the General Assembly recognizes that local government action will displace or limit economic competition by owners and users of property.

It is the policy of the State that competition and enterprise shall be so displaced or limited for the attainment of the purposes of the State policy for implementing planning and zoning controls as provided by public local law and public general law.

grant to the county powers in any substantive area not otherwise granted to the county by other public general law or public local law;

restrict the county from exercising any power granted to the county by other public general law, public local law, or otherwise;

authorize the county or its officers to engage in any activity that is beyond their power under other public general law, public local law, or otherwise; or

preempt or supersede the regulatory authority of any unit of State government under any public general law.

A county may enact laws for historic and landmark zoning and preservation:

A law enacted under paragraph (1) of this subsection may provide for appeals or judicial review.

any power or duty of the Secretary of Health or the Secretary of the Environment; or

any public general law relating to health.