Spokane Municipal Code

Title 15 Environmental Stewardship

Chapter 15.01 Commute Trip Reduction

Article I. Definitions

Section 15.01.500 Penalties

1. Any affected employer violating any provision of this chapter commits a civil infraction and is subject to the imposition of civil penalties.

2. Whenever the City or its contractor makes a determination that an employer is in violation of this chapter, the City or its contractor issues a written notice and order and sends it, registered mail, return receipt requested, to the chief executive officer or highest ranking official at the worksite. The notice and order contain:

1. 1. the name and address of the affected employer;

1. 2. a statement that the City or its contractor has found the employer to be in violation of this chapter, with a brief and concise description of the conditions found to be in violation;

1. 3. a statement of the corrective action to be taken, if required, and an order that all corrective action be completed by a date stated;

1. 4. a statement specifying the amount of any civil penalty assessed on account of the violation; and

1. 5. a statement advising that the order will become final unless, no later than ten working days after the notice and order have been served, a person aggrieved by the order requests in writing an appeal before the designated hearing examiner, as well as the name and mailing address of the person with whom the appeal must be filed.

3. Each day of failure to implement the program or violating any provision of this chapter shall constitute a separate violation subject to penalties as described in chapter 7.80 RCW. The penalty for a first violation is one hundred dollars per working day. The penalty for subsequent violations is two hundred fifty dollars per day for each violation.

4. Penalties accrue fifteen working days following the official date of notice from the City or its contractor. In the event an affected employer appeals the imposition of penalties, the penalties will not accrue during the appeal process. Should the hearing examiner decide in favor of the appellant, all or a portion of the monetary penalties may be dismissed by the hearing examiner.

5. 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.

6. An employer will 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 are presumed to act in good faith compliance if they:

1. 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

1. 2. advise the union of the existence of the statute and the mandates of the CTR program approved by the City or its contractor and advise the union that the proposal being made is necessary for compliance with state law (RCW 70.94.531).

Date Passed: Tuesday, June 1, 2010

Effective Date: Thursday, July 8, 2010

ORD C34599 Section 63