Upon a finding of noncompliance by the Planning Board, the Council may amend or modify programs or objectives, notify the Department of Permitting, Inspections, and Enforcement to deny further building permits, or refer the matter to the State's Attorney for legal remedies. The level of the action taken by the County Council shall correspond with the degree and type of noncompliance, as described below. Where a property owner has attempted to meet the requirements of the agreement, but is unable to comply with the mandated reduction levels, the Council, following a review of the monitoring reports by the TDMTAC and any recommended modifications to the TDMP by the TDMTAC, may do the following: Modify one or more of the trip-reduction strategies and require quarterly monitoring for a specified period. Levy a noncompliance fee based on the cost of providing a public bus seat. The cost shall be reviewed annually by the Planning Department staff. The fee shall be based on the daily cost per employee, and shall be collected by the Department of Public Works and Transportation. This fee shall not exceed the annual operating cost plus administrative fees, not to exceed 15%, for providing a 35-passenger bus, and shall be used to provide transit or other trip-reduction programs within the TDMD. The fee may be reduced in cases of documentable mitigating circumstances. Notify the Department of Permitting, Inspections, and Enforcement to deny further building permits for the subject property until further notice. If, upon the advice of the Planning Board, a report is found to be fraudulent by means of willful falsification or misrepresentation, or if any property owner located within the TDMD willingly fails or refuses to file the required periodic compliance report and following review of the periodic monitoring reports and other necessary trip-generation data by the TDMTAC, the Council may do the following: Refer the matter to the Office of the State's Attorney, which shall determine whether to seek a criminal complaint of perjury; Impose the noncompliance fee as described in subparagraph (1)(B), above; Notify the Department of Permitting, Inspections, and Enforcement to deny further building permits for the subject property, until notification by the Council of its finding of completion of the following requirements: Full payment of noncompliance fees to the County, for a period beginning with the adoption of the TDMD to the date of determination of the falsification or refusal to submit a report, plus a 100% penalty; and Execution of a new TDMA which stipulates that the property owner must submit certified quarterly monitoring reports, accurately attesting to compliance with the trip reduction levels established for the TDMD. Upon execution of the new TDM Agreement, all punitive actions shall cease.