(a) If any person fails to pay the Director of Finance the full payment or any installment payment due under Section 8-37, that person is liable for:
(1) interest on the unpaid amount at the rate of of one percent per month for each month or part of a month after the due date for payment under Section 8-41; and
(2) a penalty of 5 percent of the amount due and unpaid per month or part of a month after the due date for payment under Section 8-41, not to exceed 25 percent of the amount due and unpaid.
The Director must collect any interest and penalty as a part of the payment.
(b) If any person fails to pay the payment when due, the Director must obtain information on which to calculate the payment due. As soon as the Director obtains sufficient information to calculate any payment due, the Director must assess interest and penalties against the person. The Director must notify the person by mail sent to the person's last known address of the total amount of all payments, interest, and penalties. The total amount must be paid within 10 days after the notice is mailed.
(c) Every person liable for any payment under Section 8-37 must preserve for 6 years all records necessary to determine the amount of the payment. The Director may inspect the records at any reasonable time.
(d) Any failure to pay the payment due under Section 8-37, and any other violation of this Article, is a Class A violation. Each violation is a separate offense. A conviction does not relieve any person from liability for any unpaid payments, interest, or penalties.
(e) (1) Section 52-18D applies to this payment as if it were a tax. However, the lien under this Article attaches to all real property in the subdivision when the contract is signed under Section 8-37(c). The lien imposed under this Article has the same priority and may be enforced in the same manner as a lien imposed in case of nonpayment of County real property taxes.
(2) A lien must not be attached to any real property owned by the Washington Metropolitan Area Transit Authority if the applicant for subdivision approval furnishes sufficient alternative security in a form and amount accepted by the County Attorney.
(f) The County Executive may adopt regulations under method (2) to implement this Article.
(g) As used in this Article, "person" includes any individual, corporation, association, firm, partnership, group of individuals acting as a unit, trustee, receiver, assignee or personal representative. "Building" and "dwelling unit" have the same meaning as in Chapter 59.
(h) By September 1 of each year in which payments are received under this Article, the Director must report to the County Council for the preceding fiscal year:
(1) the amount collected under this Article, by policy area and building use type;
(2) the amount of property exempted from development approval payments under Section 8-39; and
(3) the amount of credits granted under Section 8-40.
(i) In each fiscal year the Director must transfer 20 percent of the revenue received under this Article to support the Montgomery Housing Initiative established under Section 25B-9. The Council must appropriate the remaining revenue received under this Article to fund transportation projects in the annual capital improvements program and the expenses of any transportation management district established under Chapter 42A. Unless the Council by resolution directs otherwise, revenue under this Article must not be appropriated to any project that is eligible for federal or state funding, except for the County's matching share of the project costs.
