(a) (1) Except as provided in this subsection and subsection (b) of this section, and in cooperation with the Department of Housing and Community Development, the State Department of Assessments and Taxation, and other appropriate governmental units, the Department shall provide for the collection of an annual fee for every rental dwelling unit in the State. (2) For an affected property, the fee: (i) Is $75; and (ii) Shall be collected by the Department once every 2 years. (3) (i) Subject to the provisions of subparagraphs (ii) and (iii) of this paragraph, on or before December 31, 2000, the fee for a rental dwelling unit built after 1949 that is not an affected property is $5. After December 31, 2000, there is no fee for a rental dwelling unit built after 1949 that is not an affected property. (ii) The owner of a rental dwelling unit built after 1949 that is not an affected property may not be required to pay the fee provided under this paragraph if the owner certifies to the Department that the rental dwelling unit is lead free pursuant to § 6-804 of this subtitle. (iii) An owner of a rental dwelling unit who submits a report to the Department that the rental dwelling unit is lead free pursuant to § 6-804 of this subtitle shall include a $30 processing fee with the report. (b) The fees imposed under this section do not apply to any rental dwelling unit: (1) Built after 1978; or (2) Owned and operated by a unit of federal, State, or local government, or any public, quasi-public, or municipal corporation. (c) (1) The fee imposed under this section shall be paid on or before December 31, 1995, or the date of registration of the affected property under Part III of this subtitle and on or before December 31 every other year thereafter or according to a schedule established by the Department by regulation. (2) The Department may establish a protocol to stagger registrations of affected property under Part III of this subtitle to equally divide registrations over sequential calendar years. (d) An owner who fails to pay the fee imposed under this section is liable for a civil penalty of up to triple the amount of each registration fee unpaid that, together with all costs of collection, including reasonable attorney's fees, shall be collected in a civil action in any court of competent jurisdiction.
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