§ 8.84.090. Enforcement

(a) Compliance. For purposes of this section, 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) Program Modification Criteria. The following criteria for achieving goals for VMT per employee and proportion of SOV trips shall be applied in determining requirements for employer CTR program modifications:

(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 or is unlikely to meet 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 of Selah shall direct the employer to revise its program within thirty 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, including the requested modifications or equivalent measures, within thirty days of receiving written notice to revise its program. The city of Selah 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 of Selah will send written notice to the employer within thirty 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 of Selah within ten 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 including:

(A) Employers notified or that have identified themselves to the city of Selah within ninety days of the ordinance being adopted and that do not perform a baseline measurement consistent with the requirements specified by the city of Selah within ninety days from the notification or self-identification,

(B) Employers not identified or self-identified within ninety days of the ordinance being adopted and who do not perform a baseline measurement consistent with the requirements specified by the city of Selah within ninety days from the adoption of the ordinance;

(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) 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) Each day of failure to implement the program shall constitute a separate violation, subject to penalties as described in RCW 7.80. There will be no fines imposed;

(3) 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 of Selah and advise the union that the proposal being made is necessary for compliance with state law (RCW 70.94.531).

(Ord. 1717 § 9, 2008.)