10.02.130 Enforcement.
A. Compliance. For purposes of this chapter, “compliance” shall mean:
1. Submitting required reports and documentation at prescribed times;
2. Fully implementing in good faith all provisions in an approved CTR program; and
3. Distributing and collecting the CTR program employee questionnaire during the scheduled survey time period.
B. Violations. Any violation of this chapter shall be enforced pursuant to the provisions of Chapter 1.25 ACC. The following actions shall constitute a violation of this chapter:
1. 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 commute goals as specified in this chapter. Failure to implement a CTR program includes but is not limited to:
a. Failure of any affected employer to submit a complete CTR program within the deadlines specified in ACC 10.02.060 and 10.02.070;
b. Failure to submit required documentation for annual reports;
c. Submission of fraudulent data.
2. Failure to modify a CTR program found to be unacceptable by the city under ACC 10.02.095(D).
3. Failure to make a good faith effort, as defined in RCW 70.94.534(4) and this chapter.
4. Failure to self-identify as an affected employer.
5. Failure to perform a baseline measurement within the applicable deadline set forth in this chapter.
C. Penalties.
1. No affected employer with an approved CTR program may be held liable for failure to reach the applicable drive-alone commute or VMT goals.
2. Each day of failure by an employer to comply with the requirements of this chapter shall constitute a separate violation, subject to penalties as described in Chapter 1.25 ACC.
D. Exemption from Civil Liability. 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 recognized union any provision of the employer’s CTR program that is subject to bargaining as defined by the National Labor Relations Act; and (b) advise the union of the existence of the 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 RCW 70.94.531. (Ord. 6218 § 1, 2010; Ord. 5246 § 1 (Exh. A), 1999; Ord. 4602 § 2, 1993.)