14.40.110 Compliance, civil violations, and penalties.
A. For purposes of this section, “programmatic compliance” shall mean:
1. Fully implementing in good faith all mandatory program elements as well as provisions in the approved CTR program description and report;
2. Providing a complete CTR program description and report on the regular reporting date; and
3. Distributing and collecting the CTR program employee questionnaire during the scheduled survey time period.
B. For the purposes of this section, performance shall relate to the achievement of VMT per employee and proportion of drive alone trip goals, and “compliance” shall be defined as:
1. If an employer meets either or both goals, the employer has satisfied the objectives of the CTR plan and will not be required to improve its CTR program;
2. If an employer makes a good faith effort, as defined in RCW 70.94.534(2) and this chapter, but has not met the applicable drive alone or VMT goal, no additional modifications are required;
3. If an employer fails to make a good faith effort as defined in RCW 70.94.534(2) and this chapter, and fails to meet the applicable drive alone or VMT reduction goal, the city shall direct the employer to revise its program within 30 days to come into compliance with the measures defined by RCW 70.94.534(2), including specific recommended program modifications. In response to the recommended modifications, the employer shall submit a revised CTR program description and report, including the requested modifications or equivalent measures, within 30 days of receiving written notice to revise its program. The city shall review the revisions and notify the employer of acceptance or rejection of the revised program. If a revised program is not accepted, the city will send written notice to that effect to the employer within 30 days and, if necessary, require the employer to attend a conference with program review staff for the purpose of reaching a consensus on the required program. A final decision on the required program will be issued in writing by the city within 10 working days of the conference.
C. Violations. The following constitute violations if the deadlines established in this chapter are not met:
1. Failure to self-identify as an affected employer;
2. Failure to perform a baseline measurement;
3. Failure to develop and/or submit on time a complete CTR program;
4. Failure to implement an approved CTR program, unless the program elements that are carried out can be shown through quantifiable evidence to meet or exceed VMT and drive alone goals as specified in this chapter;
5. Submission of false or fraudulent data in response to survey requirements;
6. Failure to make a good faith effort, as defined in RCW 70.94.534 and this chapter; or
7. Failure to revise a CTR program as defined in RCW 70.94.534(4) and this chapter.
D. Civil Violations and Penalties. The city may issue a notice of civil violation and may impose monetary penalties in the manner set forth in Chapter 1.18 BCC for any civil violation committed by an employer (subsection C of this section); provided, that any monetary penalty imposed shall not exceed $250.00 per day for each violation and that no monetary penalties shall accrue subsequent to the filing of an appeal by an employer of such notice of civil violation. Each day of failure to implement the program shall constitute a separate violation, subject to penalties as described in Chapter 7.80 RCW.
E. Limitation of Monetary Penalties.
1. No affected employer with an approved CTR program which has made a good faith effort may be held liable for failure to reach the applicable drive alone or VMT goal;
2. An affected employer shall not be liable for civil penalties if failure to implement an element of a CTR program was the result of an inability to reach agreement with a certified collective bargaining agent under applicable laws where the issue was raised by the employer and pursued in good faith. Unionized employers shall be presumed to act in good faith compliance if they:
a. Propose to a certified collective bargaining representative adoption of any provision of the employer’s CTR program that is subject to collective bargaining pursuant to the National Labor Relations Act, the Public Employee’s Collective Bargaining Act (Chapter 41.56 RCW), or any other applicable federal or state collective bargaining law; and
b. Advise the union of the existence of the CTR statute and the mandates of the CTR program approved by the city and advise the union that the proposal being made is necessary for compliance with state law (RCW 70.94.531).
3. Hearing Examiner Decision. Monetary penalties proposed by the city for failure of an employer to revise its CTR program as directed by the city may be reduced or vacated by the hearing examiner if the employer can demonstrate to the satisfaction of the hearing examiner that measures are unreasonable or are demonstrably unlikely to reduce the proportion of drive alone trips and/or VMT per employee. (Ord. 5795 § 11, 2008; Ord. 5157 § 13, 1999; Ord. 4506 § 1, 1993. Formerly 14.40.140.)