Paving on Petition

Baltimore City Code art. 26, subtit. 5

in effect

Baltimore City Code, Article 26, § 5-1 Signatures required.

§ 5-1. Signatures required. Upon the written request of the owners of 60% of the front feet of ground binding on the whole, or any part, of any street, avenue, lane, or alley of the City of Baltimore, which is now open, or may hereafter be opened, the Director of Transportation, acting under the provisions of Chapter 401, Laws of Maryland 1906, and any amendment or amendments thereof, may, if in the Director’s judgment the public interests will be served, grade, curb and pave, grade and pave, or pave, as the Director considers necessary, the street, avenue, lane, or alley, or part thereof, at the expense pro rata of the owners of all the property binding thereon in accordance with the provisions of this subtitle. (Ord. 15-435; Ord. 76-139; Ord. 29-735; Ord. 22-739.)

Baltimore City Code, Article 26, § 5-2 Notice by publication.

§ 5-2. Notice by publication. Upon the receipt of a completed application, the Director of Transportation shall give 10 days’ notice, in at least 2 of the daily newspapers published in the City of Baltimore, of the fact that the application has been made, and of the intention of the Director to consider the same, and also of the time when and place where objections to the application will be received and heard. (Ord. 15-435; Ord. 76-139; Ord. 22-739.)

Baltimore City Code, Article 26, § 5-3 Who deemed owners.

§ 5-3. Who deemed owners. (a) In general. A tenant having a 99-year lease, renewable forever, or the executor or administrator of such a tenant, or the guardian of an infant owner, or a mortgagor in possession, shall be deemed and taken as an owner for the purpose of any application authorized by this subtitle, and the application of any such person shall bind the property so represented for any assessment or tax made under it. (b) Mayor acts for City. (1) Iteration 1. The Mayor of Baltimore City is hereby authorized to sign any such application on behalf of the Mayor and City Council of Baltimore as owner or any property binding on said street, avenue, lane, or alley, or any part thereof, whenever the said Mayor shall deem it advisable to do so. (2) Iteration 2. The Mayor shall have full power, whenever he may deem it advisable, to sign, on behalf of the City corporation, for the paving, grading, or curbing of streets, lanes, which may front any property belonging to the City. (Ord. 76-139; Ord. 22-739; Ord. 1874-044.)

Baltimore City Code, Article 26, § 5-4 Assessment of costs.

§ 5-4. Assessment of costs. (a) Assessment on abutting properties. After any contract for the work of grading, paving, or curbing the street, avenue, lane, or alley, or part thereof, has been awarded in the manner provided by law, the Director of Transportation shall impose a tax upon the property binding on the street, avenue, lane, or alley, or any part thereof, so to be graded, paved, or curbed, equal in amount to the part of the expense that the Director, in his or her discretion, determines is to be borne by the owner or owners of the property, and also 3% on the amount so to be assessed against the property for the costs and expenses of collecting the same. (b) Allocation by frontage. (1) The Director of Transportation shall apportion the tax so that the several lots of ground binding on both sides of the street, avenue, lane, or alley, or part thereof, to be graded, paved, or curbed, become liable for a pro rata part thereof, according to the frontage of the property thereon. (2) Provided that, in counting the number of feet which any property abuts upon the street, avenue, lane, or 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 street, avenue, lane, or alley; but (ii) corner lots, having their front on some intersecting or crossing street, avenue, lane, or alley, and having their side upon the street, avenue, lane, or alley to be paved, shall be counted for only ⅓ of the length of such side; and the property owners’ share of the expense of paving such street, avenue, lane, or alley shall be divided equally in proportion to the number of feet abutting upon such street, avenue, lane, or alley, counted as herein directed. (c) Maximum assessment. Provided that the cost of paving streets, avenues, lanes, or alleys under the provisions of this subtitle shall be assessed in the aforementioned proportion upon the abutting property owner in every case, in no instance, however, to exceed ⅔ of said cost. (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. 76-139; Ord. 29-735; Ord. 22-739.)

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

§ 5-5. Deferred payments. (a) In general. Whenever any street, avenue, lane, or alley, or part thereof, shall be graded, paved, or curbed, in accordance with this subtitle, the Director of Transportation may, if it appears advisable to the Director, provide in the statement of benefit assessments that the payment of the amount so assessed may, at the option of the owners of the respective lots of ground assessed: (1) be deferred for such definite period of time as the said Director shall determine, not to exceed 5 years from the date of the delivery of the statement aforesaid, to the Director of Finance, as hereinafter provided; (2) with interest on the deferred payments as the Director of Transportation determines to be just and proper. (b) Continuing lien. The assessments so made shall be and continue liens on the respective lots of ground from the date of the award of the contract for the grading, paving, and curbing of such street, lane, or alley, or part thereof, until paid. (Ord. 15-435; Ord. 76-139; Ord. 29-735; Ord. 22-739.)

Baltimore City Code, Article 26, § 5-6 Publication of notice.

§ 5-6. Publication of notice. After the Director of Transportation has completed his or her apportionment of the costs and expenses to be assessed, and the statement thereof, the Director shall give notice by advertisement inserted twice a week for 2 successive weeks in 2 of the daily newspapers published in the City of Baltimore: (1) that such apportionment has been made; (2) that the statement thereof is on file in the office of the Department of Transportation for the inspection of all persons interested; and (3) that he will attend, at his said office on a day in such notice to be named, which shall be not less than 10 nor more than 20 days from the 1st publication of such notice, to review any of the matters set forth in such statement, to which any persons claiming to be interested therein shall on or before the day so appointed, make objection. (Ord. 15-435; Ord. 76-139; Ord. 22-739.)

Baltimore City Code, Article 26, § 5-7 Hearing.

§ 5-7. Hearing. The Director of Transportation: (1) shall attend, at the time and place so appointed, and consider all such representations and testimony, verbal or in writing, in relation to any matter in such statement which shall be offered to him on behalf of any person claiming to be interested therein; (2) shall make all such corrections and alterations in the said apportionment and statement as shall be necessary to make the same correct and just; and (3) he may adjourn from time to time, if necessary, to give all persons claiming a review an opportunity to be heard. (Ord. 15-435; Ord. 76-139; Ord. 22-739.)

Baltimore City Code, Article 26, § 5-8 Corrected list of assessments; notice.

§ 5-8. Corrected list of assessments; notice. After closing such review, he: (1) shall make all such corrections as shall be proper; (2) shall make a correct list of the property and of the owners, or reputed owners thereof, liable to pay the assessments in the manner aforesaid, and the amount for which each piece of property, or the owner thereof, shall be liable; (3) shall cause the statement to be certified under the hand and seal of the Director of Transportation; and (4) shall notify persons interested by an advertisement to be inserted once a week for 4 successive weeks in 2 of the daily newspapers of the City, that: (i) the said assessments have been completed; and (ii) that the persons affected thereby are entitled to appeal therefrom by a petition in writing to the Circuit Court for Baltimore City within 30 days after the 1st publication of said notice. (Ord. 15-435; Ord. 76-139; Ord. 22-739.)

Baltimore City Code, Article 26, § 5-9 Appeals.

§ 5-9. Appeals. And if any appeal shall be taken, the proceedings therein shall be similar to those in the trial of street appeals and the same right shall be had to appeal to the Court of Special Appeals. (Ord. 76-139; Ord. 22-739.)

Baltimore City Code, Article 26, § 5-10 Collections

§ 5-10. Collections (a) Transfer to Finance. If no appeal has been prayed at the expiration of the time allowed for appeals, then within 10 days thereafter or after the return of the decision on appeal has been made to the Director of Transportation, the Director shall transfer the statement and list to the Director of Finance. (b) Finance to notify parties. The Director of Finance shall proceed to collect the same in all respects as the Director does in cases where persons or property are assessed for benefits for opening, closing, widening, or straightening any street, avenue, lane, or alley, and, unless otherwise provided in the statement, the assessments shall be due and payable on the date of the transfer of the statement to the Director of Finance. (Ord. 15-435; Ord. 76-139; Ord. 22-739.)

Baltimore City Code, Article 26, § 5-11 New Paving Fund.

§ 5-11. New Paving Fund. Whenever any money has been collected by the Director of Finance under this subtitle, that money shall be paid over in the manner required by law, to be placed to the credit of the “New Paving Fund” provided for in Section 6 of Chapter 401, Laws of Maryland 1906, and may be appropriated by the Director of Transportation for the purpose designated in that Act and this subtitle. (Ord. 15-435; Ord. 76-139; Ord. 22-739.)

Baltimore City Code, Article 26, § 5-12 Paving materials.

§ 5-12. Paving materials. No street, avenue, lane, or alley, or part thereof, shall be paved, in whole or in part, under the provisions of this subtitle, with any paving material of a grade or quality lower than that of water-bound macadam oiled. (Ord. 50-1282; Ord. 22-739.)

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/26/5Fetched: 10/25/2026