Sec. 8-41. Payments; installment payments.

   (a)   Before the Department of Permitting Services releases a building permit for all or any part of a building subject to this Article, the applicant must show that all payments due under Section 8-38 have been paid.

   (b)   When a person applies to a city or town in the County for a building permit for a building or dwelling unit, the applicant must show that all payments due under Section 8-38 with respect to the building or unit have been paid. The Director of Finance must promptly refund any payment made for any building or part of a building for which a building permit is not issued by the city or town.

   (c)    (1)   Any payment due under Section 8-37(c) may be paid in not more than 6 equal annual installments. The first installment must be paid before the building permit for any building subject to the subdivision plan is released, and each succeeding installment must be paid not later than the next December 31.

      (2)   In addition, the person making the payment must pay interest on the amount of each installment except the first at a rate set each year by the Director of Finance not less than the annual nationwide rate of inflation in construction costs since the first installment was paid. The payer may pay any installment in advance at any time, with interest calculated to the end of the month of payment. (1993 L.M.C., ch. 46, § 1; 1996 L.M.C., ch. 20, § 1;1998 L.M.C., ch. 12, § 1; 2001 L.M.C., ch. 14, § 1; 2002 L.M.C., ch. 16, § 2.)

Sec. 8-42. Collection and administration; interest and penalties; violation; lien.

   (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.

Article VI. Works of Art in Public Architecture. [Note]

 

Notes

[Note]

*Editor's note-Sections 1 and 2 of 1995 L.M.C., ch. 12, repealed §§ 8-43, 8-45, 8-46(note), 8-47--8-50, renumbered § 8-44 as 8-43 and § 8-46 as 8-45, and added a new § 8-44. Note-Renumbered from art. V to art. VI by 1993 L.M.C., ch. 46, § 1. Cross reference-Arts, ch. 5A.

Sec. 8-43. Definitions.

   In this Article, work of art means an object, objects or surface embellishment produced with skill and taste. A work of art should generally be an original creation, rather than a mass-produced item, generally expressing, but not limited to, a social, cultural or historical theme. Works of art include, but are not limited to, paintings, sculptures, engravings, carvings, frescos, mobiles, murals, collages, mosaics, statues, bas-reliefs, tapestries, photographs, drawings, stained glass, fountains, or other decoration, either exterior or interior. The term does not include temporarily hung works of art, landscaping, or the choice or use of materials in architecture. (1984 L.M.C., ch. 1, § 1; 1995 L.M.C., ch. 12, § 1.)

Sec. 8-44. Public arts trust.

   (a)   There is a Public Arts Trust fund within County Government to:

      (1)   receive, hold, and pay out public and private funds to:

         (A)   buy and display works of art on public property in the County; and

         (B)   pay the cost of administering the fund; and

      (2)   sponsor privately-funded temporary or permanent displays of art on public property in the County.

   (b)   The Chief Administrative Officer or a designee must administer the trust in consultation with:

      (1)   Arts and Humanities Council;

      (2)   Montgomery County Public Schools;

      (3)   Montgomery College; and

      (4)   Montgomery County Parks Commission.

   (c)   The Chief Administrative Officer must report to the County Council:

      (1)    each quarter on:

         (A)   new locations selected for works of art to be funded by the Public Arts Trust; and

         (B)   works of art purchased or displayed with Public Arts Trust funds during the quarter; and

      (2)   each year by January 15 on all other uses of Public Arts Trust funds during the prior calendar year. (1995 L.M.C., ch. 12, § 1; 2001 L.M.C., ch. 28, §§ 2, 15 and 16.)

   Editor’s note­The effective date of the amendments made to this section by 2001 L.M.C., ch. 28, § 2, is the same effective date as 1999 L.M.C., ch. 24, § 1.