14.06.120 Enforcement.
A. Compliance. For purposes of this section, “compliance” shall mean submitting required reports and documentation at prescribed times and fully implementing in good faith 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 data collected as specified in BMC 14.06.070(B)(3) to meet or exceed the applicable CTR goals and targets as specified in this chapter. Failure to implement a CTR program includes but is not limited to:
a. Failure of existing or new major employers to identify themselves to the city within the time frames indicated in BMC 14.06.060;
b. Failure to perform baseline data collection;
c. 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 the goals and targets as specified in this chapter;
d. Failure of employers to submit a complete CTR program within the deadlines specified in BMC 14.06.110;
e. Failure of major employers to submit required documentation for quarterly reports;
f. Failure to make a good faith effort, as defined in RCW 70.94.534 and this chapter; or
g. Submittal of fraudulent data.
2. Failure of major employers to modify a CTR program found to be unacceptable by the city under BMC 14.06.090.
C. Civil Penalties. Each city business day during which an employer fails to (1) implement a commute trip reduction program, or (2) modify a commute trip reduction program that does not meet the goals shall constitute a separate violation of this chapter. No major employer with an approved CTR program may be held liable for failure to reach the applicable CTR goals. This chapter shall be enforced by the code compliance officer as provided in the Bothell Municipal Code; provided, that:
1. Any violations of the provisions of this chapter shall be considered a Class I civil infraction pursuant to RCW 7.80.120, and shall subject the violator to a cumulative penalty in an amount not to exceed $250.00 per day for each violation from the date set for compliance until compliance is achieved; and
2. A major 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.
Major employers shall be presumed to act in good faith compliance if they:
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 the mandates of the CTR program approved by the city of Bothell and advise the union that the proposal being made is necessary for compliance with state law (RCW 70.94.531). (Ord. 2207 § 1 (Exh. A), 2016; Ord. 2017 § 1 (Att. A), 2009; Ord. 1789 § 1, 1999).