18.12.100 Enforcement.
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A. Compliance. For the 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; and
3. Distributing and collecting the CTR Program Employee Questionnaire (Survey) during the scheduled survey time period.
B. Program Modification Criteria. The following criteria for achieving goals for VMT per employee and proportion of drive alone 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 modify the CTR program.
2. If an employer makes a good faith effort, as defined in RCW 70.94.534(2) and this ordinance, but has not met 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 ordinance, and fails to meet the applicable drive alone or VMT reduction goal:
a. the city shall work collaboratively with the employer to identify modifications to the CTR program and shall direct the employer to revise its program within 30 days to come into compliance with the measure defined by RCW 70.94.534(2), including specific recommended program modifications.
1. The schedule for this modification plan shall be as follows. In response to the recommended modifications, the employer shall submit a revised CTR Program and Description, including the requested modifications or equivalent measures, within 30 days of receiving written notice to revise its program.
2. The city shall review the revisions and notify the employer of acceptance or rejection of the revised program.
3. If a revised program is not acceptable, 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.
4. 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 shall each constitute a violation of this chapter if the established deadlines are not met:
1. Failure to develop and/or submit on time a complete CTR program.
2. Failure to implement all elements of 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 ordinance.
3. Failure to revise a CTR program as defined in RCW 70.94.534(4) and this ordinance.
4. Failure to self identify as an affected employer.
5. Failure to submit an annual report by the applicable deadline.
6. Submission of false or fraudulent, data in response to survey requirements.
7. Failure to make a good faith effort, as defined in RCW 70.94.534.
8. Failure to perform a baseline measurement, including:
a. Employers notified or that have identified themselves to the City within ninety (90) days of the ordinance being adopted and that do not perform a baseline measurement consistent with the requirements specified by the City within ninety (90) days from the notification or self-identification;
b. Employers not identified or self-identified within ninety (90) days of the ordinance being adopted and that do not perform a baseline measurement consistent with the requirements specified by the City within (90) days from the adoption of the ordinance; (Ord. M-3919 §10, 2009; Ord. M-3391, 1998; Ord. M-3045 §1 (part), 1993)