Violation and Penalty

(a) If the director of planning and permitting determines that the use of the affordable rental housing project is abandoned; or that an owner, or the heir, successor, or assign of the owner is violating Article 2, the violator will be subject to the administrative enforcement provisions of § 21-2.150-2 ; provided that in addition to the civil fines specified in § 21-2.150-2 (e)(2)(D) and 21-2.150-2 (e)(2)(E), the violator will be subject to penalties equal to the following amounts: (1) The differences in the amount of taxes that were paid and those that would have been due but for the exemption for affordable rental housing units pursuant to § 8-10.33 (b)(4) and 8-10.33 (d); (2) The differences in the amount of taxes that were paid and those that would have been due but for the exemption for qualifying construction work pursuant to § 8-10.34 (a)(2) and 8-10.34 (b)(4); (3) The amount of wastewater system facility charges waived for affordable rental housing units pursuant to § 43-10.8 (a)(4); (4) The amount of plan review and building permit fees waived for the affordable rental housing units pursuant to § 18-6.5 (h); and (5) The value of the park dedication requirements waived for the affordable rental housing units pursuant to § 22-7.3 (j)(4); together with a penalty in the form of interest at 10 percent per annum on the amounts imposed under subdivisions (1), (2), (3), (4), and (5), from the dates that the respective payments would have been due, but for the exemption or waiver. (b) If the building official determines that the affordable rental housing project violates the building code or any provision of Article 3, the violator will be subject to the violations and penalty provisions of Chapter 16, Article 10 . (c) From time to time, or upon receipt of a complaint, the director of budget and fiscal services, or the director of planning and permitting, or both, may conduct an audit of an affordable rental housing project to determine compliance with the requirements of this chapter.