5488

COUNTY LOCAL LAWS

APPROVAL TO THE CONDOMINIUM PROJECT. IT SHALL BE
UNLAWFUL TO MAKE OR CAUSE TO BE MADE TO A PROSPECTIVE
PURCHASER ANY REPRESENTATION CONTRARY TO THE FOREGOING.
IT SHALL LIKEWISE BE UNLAWFUL FOR ANY PERSON TO MAKE OR
CAUSE TO BE MADE IN A PROPERTY REPORT TO A PROSPECTIVE
PURCHASER ANY STATEMENT OR REPRESENTATION THAT IS
KNOWINGLY FALSE OR MISLEADING.

11A-7. COMPLAINTS, PENALTIES AND ENFORCEMENT.

A.     ANY PERSON SUBJECTED TO ANY UNLAWFUL PRACTICE
AS SET FORTH IN THIS CHAPTER MAY FILE A COMPLAINT IN
WRITING WITH THE MONTGOMERY COUNTY OFFICE OF CONSUMER
AFFAIRS PURSUANT TO THE PROVISIONS FOR FILING SUCH
COMPLAINTS AS SET FORTH IN CHAPTER 11 OF THIS CODE.

B.     THE OFFICE OF CONSUMER AFFAIRS IS HEREBY
AUTHORIZED AND DIRECTED TO RECEIVE COMPLAINTS FILED
PURSUANT TO THIS CHAPTER AND TO CONDUCT SUCH
INVESTIGATIONS AND HEARINGS AS IT DEEMS NECESSARY
PURSUANT TO THE AUTHORITY VESTED TO THAT OFFICE BY
CHAPTER 11 OF THIS CODE.

C.     WHENEVER IT IS DETERMINED BY THE OFFICE OF
CONSUMER AFFAIRS THAT THERE HAS BEEN A VIOLATION OF THIS
CHAPTER OR ANY DULY ADOPTED RULE OR REGULATION OF THE
COUNTY, THAT OFFICE IS AUTHORIZED, AT ITS DISCRETION TO
COMMENCE WITH ONE OR MORE OF THE FOLLOWING PROCEDURES:

(1)    ATTEMPT TO CONCILIATE THE MATTER BY
CONFERENCE OR OTHERWISE AND SECURE A WRITTEN CONCILIATION
AGREEMENT; OR

(2)    SEEK A WRITTEN ASSURANCE OF
DISCONTINUANCE WHICH SHALL BE SIGNED BY THE DEVELOPER AND
THE DIRECTOR OF THE OFFICE OF CONSUMER AFFAIRS; OR

(3)    ISSUE APPROPRIATE CEASE AND DESIST
ORDERS; OR

(4) REFER THE MATTER TO THE COUNTY ATTORNEY
FOR INJUNCTIVE OR OTHER APPROPRIATE LEGAL ACTION.

D.     ANY PERSON WHO VIOLATES ANY PROVISION OF THIS
CHAPTER, OR WHO MAKES AN UNTRUE OR MISLEADING STATEMENT
OF FACT IN A PROPERTY REPORT, OR FAILS TO STATE ANY FACT
REQUIRED TO BE STATED THEREIN SHALL BE LIABLE FOR THE
PAYMENT TO THE COUNTY OF A CIVIL PENALTY, RECOVERABLE IN
A CIVIL ACTION, IN THE SUM OF NOT MORE THAN FIVE HUNDRED
DOLLARS FOR EACH SUCH VIOLATION. EACH COPY OF A PROPERTY
REPORT CONTAINING AN UNTRUE OR MISLEADING STATEMENT OF
FACT OR OMISSION OF ANY FACT REQUIRED TO BE STATED
THEREIN SHALL CONSTITUTE A SEPARATE OFFENSE.