12.13.170 Enforcement.
A. Compliance. For purposes of this section, compliance shall mean fully implementing, in good faith, all provisions in an approved CTR program. It is provided, however, that affected employers shall be considered as being in compliance with the terms of this chapter if, on the effective date of the ordinance adopting this chapter, such employers are in compliance with the provisions of the Pierce County CTR ordinance (Pierce County Ordinance No. 93-30S and any subsequent amendments). In order to remain in compliance herewith following the effective date of the ordinance adopting this chapter, such affected employers shall continue on the time table originally established by Pierce County Ordinance No. 93-30S, or any subsequent amendments to said timetable, to meet the CTR goals. New employers shall be required to meet the CTR goals in accordance with the schedule set forth in LMC 12.13.020.
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 is making good faith effort, as defined in RCW 70.94.534(2) and this chapter, and is meeting either or both goals, the employer is satisfying the objectives of the CTR plan and will not be required to modify its CTR program.
2. If an employer is making a good faith effort, as defined in RCW 70.94.534(2) and this chapter, but is not meeting or is not likely to meet the applicable SOV or VMT goal, the City shall work collaboratively with the employer to make modifications to its CTR program. After agreeing on modifications, the employer shall submit a revised CTR program description to the City for approval within 30 days of reaching an agreement. If an employer is not making a good faith effort, as defined in RCW 70.94.534(2) and this chapter, and is failing to meet either the applicable SOV or VMT reduction goal, 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 incorporate the modifications. In response to the recommended modifications, the employer shall submit a revised CTR program description, including the requested modifications or equivalent measures, within 30 days of receiving written notice to revise its program. The City 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 will send written notice to that effect to the employer within 30 days and, if necessary, require the employer to attend a conference with the 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 within 10 working days of the conference.
C. Violations. The following constitute violations if the deadlines established in this chapter are not met:
1. Failure to develop and/or submit on time a complete CTR program, including the following:
a. Employers notified or that have identified themselves to the City within 180 days of the ordinance providing for this chapter being adopted and that do not submit a CTR program within 180 days from the notification or self-identification; and
b. Employers not identified or self-identified within 180 days of the ordinance being adopted and that do not submit or implement a CTR program within 180 days from the adoption of the ordinance providing for this chapter.
2. 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.
3. Failure of an employer to meet the requirements of RCW 70.94.534(2) and this chapter for good faith effort.
4. Failure to revise a CTR program as defined in RCW 70.94.534(4) and this chapter.
D. Penalties.
1. The City shall notify employers in writing if they are in violation of this chapter. The written notification shall state the effective date upon which penalties will begin to accrue. In the event that an affected employer appeals the imposition of penalties, the penalties will not accrue during the appeals process. Should the outcome of the appeals process favor the employer, all or a portion of monetary penalties will be dismissed.
2. No affected employer with an approved CTR program which is making a good faith effort may be held liable for failure to reach the applicable SOV or VMT goal.
3. Each day of failure to implement the program shall constitute a separate violation and is classified as a Class I civil infraction pursuant to the City Code. The penalty for this violation shall be $250.00 per day.
4. 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 do the following:
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 mandates of the CTR program approved by the City of Lakewood and advise the union that the proposal being made is necessary for compliance with state law (RCW 70.94.531).
E. Appeals of Penalties. Affected employers may appeal penalties pursuant to the provisions of the City Code and RCW 7.80.100. [Ord. 501 § 3, 2009.]