§ 8.84.110. Appeals


Latest version.
  • (a) Appeals. Any affected employer may appeal administrative decisions regarding exemptions, modification of goals, modification of CTR program elements, and violations to the city of Selah appeals board so designated in subsection (b) of this section. Affected employers shall be notified of the city of Selah's intent to impose penalties and shall "be advised of the manner in which penalties may be appealed" within thirty days to the appeals board.

    (b) Appeals Board. The city of Selah appoints the city council as the CTR appeals board.

    (c) Criteria to Judge Appeals. The appeals board will evaluate employers' appeals of administrative decisions by determining if the decisions were consistent with the CTR Law and Board Guidelines. Appeals may be granted if the employer can show the violations for which the penalties were imposed occurred for the reasons beyond the control of the employer, or the penalties were imposed for the failure of the employer to revise its CTR program as directed by the city of Selah and the employer can demonstrate that measures the city of Selah directed the employer to incorporate in its CTR program are unlikely to reduce the proportion of drive alone trips and/or VMT per employee. Administrative appeals may also be granted as outlined in subsection (a) of this section.

    (d) Severability. If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof.

(Ord. 1717 § 11, 2008.)