§ 116A. Assessment of benefits and damages.

(a) Elements of enabling ordinance.

An ordinance to open, extend, widen, straighten, close, or grade any street, alley, or footway in Baltimore City may provide that the benefits assessed may be paid in not more than 5 annual installments, with interest at a rate determined just and proper by the Director of Transportation, with the concurrence of the Board of Estimates, on all deferred installments, accounting from the date that, under subsection (e) of this section, the first annual installment would become in arrears if unpaid.

(b) Notice to Finance, owner.

When the physical work required by the ordinance is completed:

(1) the Department of Transportation shall notify the Director of Finance that the work has been completed; and

(2) the Department of Finance shall give written notice to the property owner:

(i) that the work has been completed;

(ii) that the benefits assessed for the work are due; and

(iii) how the owner may obtain a hearing on the assessment.

(c) Payment for benefits.

If the ordinance does not provide otherwise, all benefits assessed shall be payable, at the option of the property owner, either at once or in 5 equal annual installments.

(d) Damages.

(1) If, in any proceedings, the same person is assessed for benefits and also awarded damages, the damages shall be deducted from the benefits, and the provisions of this section as to payment of benefits apply only to the excess of the benefits over the damages.

(2) The damages awarded to any person in connection with the project shall be payable at the time or times provided in the ordinance.

(3) No part of any street, alley, or footway may be physically opened, extended, widened, or straightened on or over the ground of any person determined by the Department of Transportation to be entitled to damages for the alteration without the written consent of that person, unless the damages have been paid to that person or paid into a special account to the credit of that person.

(e) Lien for benefits; Arrearage.

(1) An assessment by the Department of Transportation on benefitted property is a lien on that property, in the full amount of the assessment, from the date the Department of Transportation notifies the Director of Finance that the physical work required has been completed until the assessment is paid to the Director of Finance.

(2) Benefits assessed or, if payable in installments, the first installment, are due and payable on the date when the Director of Finance notifies the property owner of the assessment, and are in arrears 6 months from that date.

(f) Sale on default.

If the assessment on a property is in arrears, the Director of Finance shall proceed to sell that property in accordance with and subject to the same conditions imposed by the laws governing the sale of real estate charged with the payment of City taxes.

(g) Resale on purchaser's default.

If the tax-sale purchaser fails to comply with the terms of the sale, the Director of Finance shall resell the property at the risk of the former purchaser.

(h) Refunds of assessment.

If an ordinance providing for the opening, extending, widening, grading, or closing of a street, alley, or footway is invalidated by a court of competent jurisdiction or is repealed, the Director of Finance shall promptly:

(1) refund all assessments paid under the invalidated ordinance; and

(2) pay all expenses incurred, including reasonable attorney's fees, and for which the City is liable in carrying out the ordinance.