Alleys

Baltimore City Code art. 26, subtit. 8

in effect

Baltimore City Code, Article 26, § 8-1 Abutting owners’ duty to perform.

§ 8-1. Abutting owners’ duty to perform. It shall be the duty of the owners of property abutting upon or in the vicinity of public or private alleys in Baltimore City to: (1) do or have done any or all of the work hereinafter described which may be or become necessary from time to time; and (2) place and keep said alleys in proper condition; for and to promote the public welfare, health, safety, and convenience, and for the local benefit of the property owners in the vicinity. (Ord. 49-599; Ord. 45-273.)

Baltimore City Code, Article 26, § 8-2 Alley work required.

§ 8-2. Alley work required. (a) In general. (1) DoT’s responsibilities. The Director of Transportation is authorized, at any time or times and from time to time, to do or have done, on the assessment plan hereinafter set forth, any or all of the following work in or adjacent to any public or private alleys of the City that he finds to be necessary for and to promote the public welfare, health, safety, and convenience, and for the local benefit of the property owners in the vicinity: (i) the proper grading or regrading of any alley; (ii) the paving or repaving of any alley with concrete or bituminous paving as, in the judgment of the Director of Transportation, may be necessary; (iii) the repair or paving of any alley in the manner and to the extent as, in the judgment of the Director of Transportation, may be necessary; and (iv) the construction, reconstruction, alteration, repair, removal, or relocation of any guard rails, guard fences, walls, embankments, supports, hedges, driveways, aprons, or approaches in or immediately adjacent to an alley as, in the judgment of the Director of Transportation, may be necessary. (2) DPW’s responsibilities. The construction, reconstruction, alteration, or repair of any and all drains, drainage facilities, and their appurtenances in or adjacent to these alleys shall be done by, under the supervision of, or with the approval of the Director of Public Works. (b) Charter requirements. Any and all such work shall be done in accordance with the provisions of the City Charter relating to public contracts and work, insofar as said Charter provisions may be applicable to said work. (Ord. 15-435; Ord. 73-438; Ord. 49-599; Ord. 45-273.)

Baltimore City Code, Article 26, § 8-3 Plats and estimates.

§ 8-3. Plats and estimates. 20 days before beginning any of work on the assessment plan, the Director of Transportation: (1) shall prepare and file, in his office, a location plan showing the proposed work and an estimate of the cost thereof; and (2) shall send notice of the proposed work and an estimate of its cost, by mail, to each abutting property owner as shown on the assessment books: (i) stating that after the expiration of 20 days from the date of 1st mailing, he will proceed to do said work (describing said work, generally, in said notice and referring to said estimate and location plat) on the assessment plan provided in this ordinance; (ii) warning all persons and corporations desiring to put in any pipes or conduits in said alleys or to do other work requiring the digging up of the same, to proceed at once to do such work; and (iii) further warning all persons interested that they may appear in the Director’s office, on a day certain, at the time and location stated in the notice and make known to the Director any objections they may have to doing the work on the assessment plan. (Ord. 15-435; Ord. 73-438; Ord. 49-599; Ord. 45-273.)

Baltimore City Code, Article 26, § 8-4 Assessment of costs.

§ 8-4. Assessment of costs. (a) Assessment on abutting properties. After any contract for the work of grading, paving, or curbing an alley or part thereof has been awarded in a manner provided by the law, the Director of Transportation shall assess the costs thereof upon the property binding on the alley or any part thereof to be graded, paved, or curbed equally in amount to the part of the expense that the Director of Transportation, with the concurrence of the Board of Estimates, determines to be borne by the owner or owners of the property. (b) Allocation by frontage. (1) The Director of Transportation shall apportion the costs so that the several lots of ground binding on both sides of the alley or part thereof to be graded, paved, or curbed shall become liable for pro rata parts thereof according to the frontage of the property thereon. (2) In counting the number of feet which any property abuts upon the alley to be paved: (i) the actual number of such feet shall be taken as to all lots having their front or rear upon said alley; but (ii) corner lots, having their front on some intersecting or crossing alley and having their side upon the alley to be paved, shall be counted for 1/5 the length of such side; and the property owners’ share of the expense of paving such alley shall be divided equally in proportion to the number of feet abutting upon such alley counting as herein directed. (3) Provided that if within a period of 5 years, alleys are graded, paved, or curbed abutting a corner lot, the owner of the corner lot abutting the alleys graded, paved, or curbed shall be assessed for the improvements to either the side alley or rear alley whichever assessment is greater. (c) Maximum assessment; exclusions. (1) The cost of paving alleys under the provisions of this subtitle shall be assessed in the aforementioned proportion upon the abutting property owners in every case, in no instance, however, to exceed ⅔ of said cost. (2) No assessment made for said work shall include any of the following costs and expenses, which costs shall be borne by the City of Baltimore: (i) Exception 1. The cost and expense for the construction, reconstruction, alteration, or repair of drains or drainage facilities. (ii) Exception 2. The cost and expense for the acquisition of necessary easements or rights of way. (d) Statement of assessments. The Director of Transportation shall then prepare a statement showing the amount of assessment upon each of the lots of ground. (Ord. 15-435; Ord. 91-660A; Ord. 85-553; Ord. 85-505; Ord. 79-985; Ord. 76-139; Ord. 73-438; Ord. 49-599; Ord. 45-273.)

Baltimore City Code, Article 26, § 8-5 Deferred payments.

§ 8-5. Deferred payments. (a) In general. Whenever any alley or part thereof is graded, paved, or curbed, the Director of Transportation may, if it appears advisable to the Director, provide in the statement of assessments that the payment of the amount so assessed may, at the option of the owners of the respective lots of ground assessed, be made: (1) in equal annual payments, (2) plus interest on the unpaid balance as the Director of Transportation, with the concurrence of the Board of Estimates, determines to be just and proper, and (3) over a definite period of time as the Director of Transportation determines, not to exceed 5 years from the date of the delivery of the statement to the Director of Finance. (b) Continuing lien. The assessments so made shall be and continue liens on the respective lots of ground from the date of completion of the contract or portion thereof for the grading, paving, and curbing of such alley, or part thereof, until paid. (Ord. 15-435; Ord. 73-438; Ord. 56-644; Ord. 49-599; Ord. 45-273.)

Baltimore City Code, Article 26, § 8-6 Appeals.

§ 8-6. Appeals. (a) Administrative appeal. Within 30 days of the mailing of a notice of assessment, the owner of the property may appeal the assessment to the Board of Municipal and Zoning Appeals in accordance with the City Charter. (a-1) Judicial and appellate review. (1) 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. (2) A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. (b) Relation back. If the assessment is sustained, in whole or in part, by the Board or, if further appealed, by the Court, the lien relates back to the time the work was completed. (Ord. 19-332; Ord. 04-672; Ord. 76-139; Ord. 73-438; Ord. 49-599; Ord. 45-273.)

Baltimore City Code, Article 26, § 8-7 Collections.

§ 8-7. Collections. (a) Director of Finance to collect. After the completion of the contract or portion thereof or as soon as possible thereafter, the Director of Transportation shall report the assessment so made to the Director of Finance, who shall proceed to collect the same in the same manner as taxes upon real estate are collected. (b) When payable; election to defer. (1) These assessments: (i) shall be due and payable as soon as reported to the Director of Finance; and (ii) may be paid in deferred payments as provided in § 8-5 of this subtitle. (2) This election, with the 1st installment, must be made prior to the interest date and may also be paid in full, without interest, at any time prior to 30 days after the 1st of the month succeeding the date of such report to the Director of Finance and, unless paid within that time, shall thereafter bear interest until paid in full. (c) Assessment as lien. Said assessments shall be liens upon the property, the owners of which are so assessed, from the date of the completion of the contract or portion thereof for the work for which such assessments are made, subject, as to any party who may have appealed, to the final determination of the Board of Municipal and Zoning Appeals or the court or jury upon such appeal. (d) Remedies. (1) The Director of Finance: (i) shall have the same remedies for the collection of said assessments, interest, and penalties as are provided by law or ordinance for the collection of ordinary taxes upon real estate; and (ii) may use these remedies upon default of any 1 annual payment. (2) Said default shall cause the whole of the remainder of the amount so assessed and yet unpaid to be due and owing. (Ord. 15-435; Ord. 04-672; Ord. 76-139; Ord. 73-438; Ord. 49-599; Ord. 45-273.)

Baltimore City Code, Article 26, § 8-8 Projects excepted from assessments – Permissive exceptions.

§ 8-8. Projects excepted from assessments – Permissive exceptions. Notwithstanding any other terms and provisions of this subtitle, in each and every case, from time to time, where the Director of Transportation estimates that the entire cost of all the work required to be done under this subtitle will not be more than 5% of the cost of the total construction or reconstruction of the alley, exclusive of the exceptions of § 8-4 of this subtitle, the Director of Transportation is authorized, but not required, to do or to have that work done at the entire expense of the City. (Ord. 15-435; Ord. 76-139; Ord. 74-438; Ord. 49-599; Ord. 45-273.)

Baltimore City Code, Article 26, § 8-9 Projects excepted from assessments – Mandatory exceptions.

§ 8-9. Projects excepted from assessments – Mandatory exceptions. (a) In general. Notwithstanding any other terms and provisions of this subtitle, when work is: (1) required to be done: (i) pursuant to the provisions of this subtitle; and (ii) in accordance with Area Code Enforcement or Urban Renewal Plan approved by ordinance of the Mayor and City Council of Baltimore; and (2) financed either wholly or partially by Federal funds, then and in that event said work shall be done at the entire expense of the City, and shall in no event become a lien against any adjacent property owner. (b) Allocation of costs. The cost of the work shall be shared by the Department of Housing and Community Development and the Department of Transportation, consistent with the adopted policy of the Board of Estimates and fee schedule. (Ord. 15-435; Ord. 74-764.)

Baltimore City Code, Article 26, § 8-10 Maintenance of alleys.

§ 8-10. Maintenance of alleys. The Director of Transportation is authorized to maintain the alleys that have been paved, constructed, or reconstructed under this subtitle for a period not to exceed 10 years without further charge to the property owner. (Ord. 15-435; Ord. 73-438.)

Baltimore City Code, Article 26, § 8-11 Effect of work done.

§ 8-11. Effect of work done. The doing of any of the aforesaid work on the said assessment plan, or at the general expense and without assessment therefor, shall not be held, taken, or construed as: (1) acceptance of any dedication of any alley; or (2) obligating the City to thereafter maintain any of the said alleys except as herein provided; or (3) in any way affecting the legal status of any alley. (Ord. 73-438.)

Source: City of Baltimore Department of Legislative Reference, City of Baltimore Law Library (codes.baltimorecity.gov; Open Law Library bulk XML)URL: https://codes.baltimorecity.gov/us/md/cities/baltimore/code/26/8Fetched: 10/25/2026