16.16.140 Enforcement.
A. Compliance. For purposes of this section, compliance shall mean submitting required reports and documentation at prescribed times and fully implementing all provisions in an accepted CTR program.
B. Violations. 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 SOV 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 Section 16.16.090 of this chapter.
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 Section 16.16.090(D).
3. Failure to make a good faith effort, as defined in RCW 70.94.534(4) and this chapter.
C. Penalties. Each day of failure by an employer to (1) implement a commute trip reduction program or (2) modify an unacceptable commute trip reduction program shall constitute a separate violation and shall be considered a Class I civil infraction pursuant to RCW 7.80.120. The penalty for a violation shall be two hundred fifty dollars per day. 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. Unionized employers shall be presumed to act in good faith compliance if they: (1) 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 (2) advise the union of the existence of the statute and the mandates of the CTR program approved by the city of Algona and advise the union that the proposal being made is necessary for compliance with state law (RCW 70.94.531).
D. Appeals of Penalties. Affected employers may appeal penalties pursuant to RCW 7.80.100. (Ord. 860 § 10, 1998; Ord. 729 § 14, 1993).