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A. Generally. Each day of failure to implement the program shall constitute a separate violation. 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.

B. Notice of Civil Violation. Whenever there are reasonable grounds to believe that a violation of this chapter has occurred or is occurring, the city is authorized to issue a notice of civil violation which shall contain the following:

1. Name and address of the person or persons to whom the notice of violation is directed;

2. A concise description of the nature of the violation;

3. A statement assessing a civil penalty in the amount of one hundred dollars ($100) per violation per day. The penalty for subsequent violations shall be two hundred fifty dollars ($250) per day for each violation;

4. Penalties will begin to accrue ten (10) weekdays following the official date of notice from the city and shall be paid to the city within thirty (30) days of the date of issuance; and

5. Notice of violation shall be served on the person or persons in violation of this chapter either personally or by mailing a copy of such notice by certified mail, postage prepaid, return receipt requested, to the person at his or her last known address. Service by mail shall be deemed completed upon the third day following the day the notice or order is deposited in the mail. Proof of personal service of the notice or order shall be made at the time of service by written declaration under penalty of perjury executed by the person effecting service, declaring the date, time and manner in which service was made.

C. Civil Penalties. An 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. An employer of unionized or otherwise represented employees shall be presumed to act in good faith compliance if it:

1. Proposes, 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

2. Advises the union of the existence of the statute and the mandates of the CTR program approved by the city and advises the union or bargaining agent that the proposal being made is necessary for compliance with state law. (RCW 70.94.531) (Ord. M-3919 §11, 2009; Ord. M-3391, 1998; Ord. M-3045 §1 (part), 1993)