(a) (1) In this section the following words have the meanings indicated.
(2) “Fire and rescue services” means firefighting, rescue, or ambulance services.
(3) “Minimum response criteria” means the standards the board of county commissioners establishes designating the minimum requirements for a fire and rescue service.
(4) “Special taxing district” means an area subject to an additional county property tax for the purpose of providing fire and rescue services within the district.
(b) In cooperation with the Frederick County Volunteer Fire and Rescue Association, Inc., the board of county commissioners shall:
(1) Establish, by ordinance, minimum response criteria for fire and rescue services; and
(2) Regulate all fire and rescue services in the county and the municipal corporations of the county, including:
(i) The location of fire and rescue companies and stations;
(ii) The training and qualifications for personnel, including volunteers, involved in fire and rescue services;
(iii) The procedures for purchasing equipment or property described in subsection (e)(3) of this section;
(iv) The standards and specifications for the equipment and property described in subsection (e)(3) of this section; and
(v) Other matters necessary or incidental to the provision of fire and rescue services in the county.
(c) The board of county commissioners may:
(1) In cooperation with the Frederick County Volunteer Fire and Rescue Association establish fire and rescue companies in the county;
(2) In accordance with subsection (d) of this section, establish, by ordinance, special taxing districts for fire and rescue services in the county;
(3) In accordance with subsections (e) and (f) of this section, levy, collect, and expend a special district property tax for fire and rescue services in the county; and
(4) Acquire and sell real and personal property at public or private sale to provide for fire and rescue services in the county.
(d) (1) The board of county commissioners may establish, by ordinance, a special taxing district for fire and rescue services if:
(i) The minimum response criteria are not being met within the proposed district;
(ii) A fire and rescue company requests the establishment of the special taxing districts; or
(iii) Property owners within the county request establishment of the special taxing district by filing with the board of county commissioners a petition that identifies the proposed district and is signed by at least 50 percent of the property owners within the proposed district.
(2) Prior to adopting an ordinance under paragraph (1) of this subsection, the board shall:
(i) Conduct a public hearing on the establishment of the special taxing district;
(ii) At least 30 days before the public hearing, send by regular mail to all property owners within the proposed district written notice of:
1. The boundaries of the proposed district;
2. The proposed amount of the special district tax; and
3. The time, date, and location of the public hearing;
(iii) Provide prior notice of the hearing by publishing, at least once each week for 2 successive weeks, in at least 1 newspaper of general circulation in the county:
1. The time, location, and date of the public hearing; and
2. A summary of the proposed ordinance; and
(iv) Consider the recommendations of the Frederick County Volunteer Fire and Rescue Association, Inc.
(3) Unless the ordinance provides for a later effective date, an ordinance adopted under this subsection is effective on the date it is passed by the board of county commissioners.
(e) (1) If a special taxing district is established under subsection (d) of this section, the board of county commissioners may impose on the assessable real property within the district an annual tax to pay for personnel and capital expenses incurred in providing fire and rescue services within the district if the tax:
(i) Does not exceed 30 percent of the county property tax; and
(2) The tax imposed under paragraph (1) of this subsection shall be, until paid, a first lien on the real property in respect to which it is imposed from the date the tax became payable.
(3) The board of county commissioners may appropriate from the proceeds of the special district tax, and from other sources, funds to be used within the district for fire and rescue services.
(f) (1) After a special taxing district has been established, the board of county commissioners may alter, by ordinance, the amount of the special district tax in accordance with paragraph (2) of this subsection.
(2) (i) Before altering the tax, the county commissioners shall hold a public hearing.
(ii) The county commissioners shall publish notice of the public hearing at least once a week for two (2) successive weeks in at least one (1) newspaper of general circulation in the county.
(iii) The notice shall state:
1. The date, time, and location of the public hearing;
2. The special district tax rate currently in effect; and
3. The proposed special district tax rate.
(1989, Chapter 168, § 1; 1993, Chapter 164, § 1; 1993, Chapter 166, § 1; 2006, Chapter 94, § 1)