Town of Emmitsburg
300A S. Seton Ave Emmitsburg, Maryland

Code Index | Title: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17

Title 13: Public Services

13.04 Water System
13.08 Sewer System

13.16 Garbage Collection


13.12.010 Purpose of provisions.

For the purpose of paying the administrative costs, the interest on and principal of loans incurred by the town for the purchase, construction, alteration and expansion of the water and sewerage systems and the installation or construction of storm water sewers, curb and gutter, sidewalks, paving of public ways, and construction of bridges within the town, hereinafter called the "project," the board of commissioners may fix an annual assessment on all properties, improved or unimproved deriving benefit from the project. The annual assessment shall be made upon the front foot basis, and the first payment shall be collected during the year in which the construction is completed on the project. All sums collected by the board for benefits levied against the property shall be set aside as a separate fund to be known and designated as the front foot benefit assessment fund. (Ord. 90-10 § 1(1): prior code Art. XV § 1)

13.12.020 Public hearing.

Before levying any special assessment charges, the board of commissioners shall hold a public hearing. The town clerk shall cause notice to be given of the date and time of the public hearing, giving also notice of the nature and extent of the proposed project, the kind of materials to be used, the estimated costs of the project, the portion of the cost to be assessed, the number of installments in which the assessment may be paid, the method used in assessing the cost, and the limits of the proposed area of assessment. The notice shall state the right of all interested persons, their agents or attorneys, to appear and be heard by the board of commissioners at the public hearing concerning the proposed project and special assessment. The notice shall be given by mailing a copy thereof to the owner of record of each parcel to be assessed and to the person in whose name the property is assessed for taxation and by publication of the notice at least once in a newspaper of general circulation in the town. The date of the hearing shall be at least ten and not more than thirty (30) days after publication and service of notice as provided by this section. The town clerk shall present at the hearing a certificate of the publication and mailing of copies of the notice, which certification shall be deemed proof of notice. Failure of any owner to receive the mailed copy of notice shall not invalidate the proceedings. (Ord. 90-10 § 1(2): prior code Art. XV § 2)

13.12.030 Classifications of property—Front foot assessments.

The board for the purpose of assessing benefits, may divide all properties abutting or deriving benefit from a project into three classes, namely: small acreage, industrial or business and residential, and the board may subdivide each of these classes in such manner as it deems to be in the public interest. Front foot benefit assessments shall be as nearly uniform as is practicable for each class or subclass of property for any one year, and no benefit charge, once levied, may be increased. (Ord. 90-10 § 1(3): prior code Art. XV § 3)

13.12.040 Change of property classification.

The classification of and the benefit assessment made against any property by the board is final, subject only to revision at the hearing. The board may change the classification of properties from time to time as the properties change in the uses to which they are put. The benefit assessment shall be based for each class of property upon the number of front feet abutting the project; provided, however, that in the case of any irregular shaped lot abutting upon a road, street, lane, alley or right-of-way, the lot shall be assessed for such frontage as the board may determine to be reasonable and fair; and provided further that no residential property may be assessed on more than one side unless it abuts upon two parallel streets, that corner lots may be averaged and assessed upon such frontage as the board may deem reasonable and fair, and that all lots in the residential and industrial or business classification shall be assessed along the entire boundary, contiguous to the project even though the project may not extend along the full length of any boundary. (Ord. 90-10 § 1(4): prior code Art. XV § 4)

13.12.050 Pro rata assessments.

Whenever any project in the service area has been and declared ready for service, the board shall fix and levy an assessment for the remainder of the fiscal year on a pro rata basis upon all property in the service area abutting upon or deriving benefit from the project, in accordance with the classification or subdivision thereof. (Ord. 90-10 § 1(5): prior code Art. XV § 5)

13.12.060 Assessment reductions, increases.

The amount of assessment per front foot for each class of property may be reduced from time to time by the board in its discretion, if cost and conditions are deemed by it to justify the reduction but may be subsequently increased to the amount of the original assessment in the event revenues prove to be insufficient. The benefit assessments shall be paid annually by all properties located as above specified for a period of years co-extensive with the period of maturity of the loan out of the proceeds of which such construction was done. (Ord. 90-10 § 1(6): prior code Art. XV § 6)

13.12.070 Assessments deemed property liens— Record keeping requirements.

The annual benefit assessment or other charge as above specified is a lien upon the property against which it is assessed until paid, any statute of limitations to the contrary notwithstanding, subject only to prior state and county taxes. If any property is sold for state and/or county taxes, or both, by the treasurer of the county, and if after the sale there is a surplus after all costs and expenses incident to the sale have been paid, the town shall be allowed any balance from the surplus, and shall be a preferred lienor to the extent of its lien; and for the purpose of giving notice to the general public as to existing liens and charges against any property within the town abutting upon any project, or connected thereto, the board shall keep a public record of all names or owners of property, locations of said property, lot numbers when of record, and the amount of such benefit assessments, water service charges, or such other charges that may become liens from time to time. The records shall be kept in the town office as a public record, and when so kept shall be legal notice of all existing liens within the town. The board shall request the county treasurer to print a notice on the state and county tax bills that benefit assessments and other charges for water and sewer services must be paid in the town office or elsewhere as the board may designate. (Ord. 90-10 § 1 (7): prior code Art. XV § 7)


13.16.010 Residential garbage collection charges.

The following shall be charged for residential garbage collection:

  1. Service Charge. The payment for residential trash removal shall be made from the revenue of the town, and there shall be imposed by the town a charge assessed to the property owners located within the corporate limits in an amount based upon the rate of thirty-one dollars ($31.00) quarterly for each residential unit for such services. Such charges shall be assessed at the same time as the annual water and sewer bills. This charge is for garbage service only.

  2. Tipping Fee. The tipping fee charged to the town's garbage collection contractor by Frederick County for residential trash and garbage dumped at its landfill each quarter shall be prorated among the residential units and shall be charged and collected quarterly. (Ord. 99-08 (part): Ord. 98-12 (part))

  3. Collection of charges. If any bill for service charges or tipping fees shall remain unpaid after thirty days from the date the bill is sent, the owner of the property served shall be mailed a notice in writing, that the bill is in arrears and that the trash service may be discontinued. A copy of the notice shall be either left on the owner’s property or mailed to the owner’s last known address. If the bill is not paid within ten days of the date the notice is sent, trash collection services to that property may be discontinued until the unpaid bill is paid in full. If any bill remains unpaid after thirty days from the date of sending the notice, the amount of the unpaid bill shall be collectible from the property owner in the same manner and subject to the same interest as taxes are collectible in Frederick county. The amount due shall then be a first lien on the property.

13.16.020 Collection regulations and information.

  1. Collection of garbage from all residential units shall be performed twice a week. Should this day fall on a national holiday, service will be provided on the next regularly scheduled pick-up day.

  2. Garbage cans and/or bags shall be placed either at the curb line or edge of street for pickup. All cans must be securely covered and bags must be tightly tied. Trash cans are recommended.

  3. Garbage must not sit out along the curb line or edge of street for an extended period of time. Garbage shall be placed out for collection no sooner than twelve (12) hours prior to pickup.

  4. Collection of garbage shall not be made on Main Street (Maryland Route 140), except in those instances when a residential unit is not accessible from North Avenue or Lincoln Avenue.

  5. The following will not be picked-up at curbside as trash:  Brush, grass clippings 9or other vegetative matter, bundled newspapers, construction materials of any kind bagged or unbagged

  6. Household furniture and/or appliances will not be picked up as trash

  7. Multi-unit buildings must supply a trash collection area. The trash collection area must have a hard surface floor (concrete or asphalt) and a solid frame fence, with latchable gate, not less than forty-eight (48) inches tall. Trash collection areas must include eighteen (18) square feet of area per unit serviced, but not less than sixty-four (64) square feet of total area. Trash from the multi-unit building will be stored in garbage cans (recommended) and/or bags at the trash collection area prior to trash pickup. Multi-unit buildings may use a trash dumpster in place of a trash collection area if the following requirements are met:

  1. Dumpster must be approved by the town and contractor as adequate for the intended use;

  2. A dumpster pad must be supplied by owner of the dumpster and/or property owner and be approved by the town. (Ord. 99-08 (part): Ord. 98-12 (part))

13.04 Water System
13.08 Sewer System

13.12 Water and Sewer System Benefit Assessments

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