Chapter 16.06
COMMUTE TRIP REDUCTION
Sections:
16.06.020 City of Sumner CTR plan.
16.06.030 Responsible city agency.
16.06.050 Notification of applicability.
16.06.060 Requirements for employers – CTR program description.
16.06.070 Requirements for employers – CTR program elements.
16.06.080 Requirements for employers – CTR program reporting.
16.06.090 Requirements for employers – Record keeping.
16.06.100 Repealed.
16.06.110 CTR program exemptions.
16.06.120 CTR goal modification.
16.06.130 Credit for transportation demand management efforts.
16.06.135 Credit for schedule changes.
16.06.140 Review schedule for CTR program descriptions and annual reports.
16.06.010 Definitions.
For the purpose of this chapter, the following definitions shall apply in the interpretation and enforcement of this chapter:
A. “Affected employee” means a full-time employee who begins his or her regular work day at a single worksite between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays for at least 12 continuous months. Seasonal agriculture employees, including seasonal employees of processors of agricultural products, are excluded from the count of affected employees. Construction workers who work at a construction site with an expected duration of less than two years are excluded from this definition.
B. “Affected employer” means an employer that employs 100 or more full-time employees at a single worksite who are scheduled to begin their regular work day between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays for at least 12 continuous months.
C. “Alternative commute mode” refers to any means of commuting other than that in which the single-occupant motor vehicle is the dominant mode. Teleworking and compressed work weeks are considered alternative commute modes if they result in the reduction of commute trips.
D. “Carpool” means a motor vehicle occupied by two to six people traveling together for their commute trip that results in the reduction of a minimum of one motor vehicle commute trip.
E. “Commute trip” means a trip that is made from a worker’s/student’s home to a worksite/school with a regularly scheduled work start time of 6:00 a.m. to 9:00 a.m. (inclusive) on weekdays.
F. “Commute trip reduction (CTR) plan” means the city of Sumner plan and ordinance to regulate and administer the CTR programs of affected employers.
G. “Commute trip reduction (CTR) program” means an employer’s strategies to reduce affected employees’ single-occupant vehicle (SOV) use and vehicle miles traveled (VMT) per employee.
H. “Commute trip reduction (CTR) task force guidelines” means the official guidelines of RCW 70.94.527 developed by the Washington State Commute Trip Reduction Task Force (RCW 70.94.537).
I. “Commute trip reduction (CTR) zone” means an area, such as a census tract or combination of census tracts, within the city characterized by similar employment density, population density, level of transit service, parking availability, access to high occupancy vehicle facilities, and other factors that are determined to affect the level of single-occupant vehicle commuting.
J. “Commuter matching service” means a system that assists in matching commuters for the purpose of commuting together.
K. “Compressed work week” means a full-time employee’s work schedule that allows an employee to eliminate at least one workday every two weeks by working longer hours serving the remaining days, resulting in fewer commute trips by the employee. Compressed work weeks are understood to be an ongoing arrangement.
L. “Custom bus/buspool” means a commuter bus service arranged specifically to transport employees to work.
M. “Day(s)” means calendar day(s).
N. “Dominant mode” means the mode of travel used for the greatest distance of a commute trip.
O. “Employee transportation coordinator” means a designated person who is responsible for administering the employer’s commute trip reduction program.
P. “Employer” means a sole proprietorship, partnership, corporation, unincorporated association, cooperative, joint venture, agency, department, district or other individual or entity, whether public, nonprofit, or private, that employs workers.
Q. “Flex-time” means a flexible work schedule which allows the employee to choose their work time but not the number of their working hours to facilitate the use of alternative modes.
R. “Full-time employee” means a person other than an independent contractor, scheduled to be employed on a continuous basis for 52 weeks for an average of at least 35 hours per week.
S. “Good faith effort” means that an employer has met the minimum requirements identified in RCW 70.94.531 and this chapter and is working collaboratively with the city to continue its existing CTR program or is developing and implementing program modifications likely to result in improvements to its CTR program over an agreed-upon length of time.
T. “Implementation” or “implement” means active pursuit by an employer to achieve the CTR goals of RCW 70.94.521 through 70.94.551 and this chapter.
U. “Mode” means the means of transportation used by employees, such as single-occupant motor vehicle, rideshare vehicle (carpool, vanpool), transit, ferry, bicycle, compressed work weeks, teleworking, and walking.
V. “Newly affected employer” refers to an employer that is not an affected employer upon the effective date of this chapter but who becomes an affected employer subsequent to the effective date of this chapter.
W. “Proportion of single-occupant vehicle (SOV) trips” or “single-occupant vehicle (SOV) rate” means the number of commute trips over a set period made by affected employees in SOVs divided by the number of affected employees working during that period.
X. “Single-occupant vehicle (SOV)” means a motor vehicle occupied by one employee for commute purposes, including a motorcycle.
Y. “Single-occupant vehicle (SOV) trips” means trips made by affected employees/students in SOVs.
Z. “Single worksite” means a building or group of buildings on physically contiguous parcels of land or on parcels separated solely by private or public roadways or rights-of-way.
AA. “Teleworking” means the authorization of an employee to work from home, satellite office or a teleworking center, thus eliminating a commute trip or reducing the distance traveled in a commute trip by at least half of the employee’s regular commute distance. Teleworking can include, but is not limited to, the use of telephones, computers, or other similar technology.
BB. “Transportation demand management (TDM)” means the use of strategies to reduce the use of single-occupant vehicles and vehicle miles traveled.
CC. “Transit” means a multiple-occupant vehicle operated on a shared-ride basis. This definition includes bus, ferry, rail, shared-ride taxi, or shuttle bus.
DD. “Transportation management organization (TMO)” or “transportation management association (TMA)” means a group of employers or an association representing a group of employers in a defined geographic area. A TMO may represent employers within specific city limits, or may have a sphere of influence that extends beyond the city limits.
EE. “Vanpool” means a vehicle occupied by seven to 15 people traveling together for their commute trip that results in the reduction of a minimum of one motor vehicle trip.
FF. “Vehicle miles traveled (VMT) per employee” means the sum of the individual vehicle commute trip lengths in miles made by affected employers over a set period divided by the number of affected employees during that period.
GG. “Week” means a seven-day calendar period, starting on Monday and continuing through Sunday.
HH. “Weekday” means Monday, Tuesday, Wednesday, Thursday, or Friday.
II. “Writing,” “written,” or “in writing” means original signed and dated documents. Facsimile (fax) transmissions are a temporary notice of action that must be followed by the original signed and dated via mail or delivery.
JJ. “Zone base year” means the period from January 1, 1992, through December 31, 1992, on which goals for VMT per employee and proportion of SOV trips shall be based. (Ord. 1965 § 1 (part), 2001: Ord. 1587 § 1, 1993)
16.06.020 City of Sumner CTR plan.
The 1992 City of Sumner Commute Trip Reduction Plan set forth in Attachment A1 is wholly incorporated herein by reference. The plan includes the following:
A. Goals for reductions in the proportion of single-occupant vehicle commute trips and the vehicle miles travelled per employee.
B. Designation of commute trip reduction zones.
C. Identification of the reductions in the proportion of single-occupant vehicle commute trips and the vehicle miles travelled per employee for the commute trip reduction zones in the city.
D. Requirements for affected employers.
E. A commitment to develop a commute trip reduction program for employees of the city.
F. A commitment to review city parking policies.
G. Summary of the appeals process for affected employers to appeal the decisions of the city.
H. The methodology for determining the base year values for single-occupant vehicle use and vehicle miles travelled per employee.
I. A methodology for ensuring that employers receive credit for existing transportation demand management efforts.
J. A commitment to ensure consistency with neighboring jurisdictions.
K. Reference to appropriate administrative guidelines for review and analysis of commute trip reduction programs. (Ord. 1965 § 1 (part), 2001: Ord. 1587 § 2, 1993)
16.06.030 Responsible city agency.
The city human resources department will be responsible for implementing this chapter and the commute trip reduction plan. (Ord. 1965 § 1 (part), 2001: Ord. 1587 § 3, 1993)
16.06.040 Applicability.
A. Affected Employer. The provisions of this chapter shall apply to any affected employer at any single worksite within the limits of the city.
B. Change in Status as an Affected Employer. Any of the following changes in an employer’s status will change the employer’s CTR program requirements:
1. Becomes a Non-Affected Employer. If an employer initially designated as an affected employer no longer employs 100 or more affected employees and expects not to employ 100 or more affected employees for the next 12 months, that employer is no longer an affected employer. It is the responsibility of the employer to notify the city in writing that it is no longer an affected employer and provide supporting evidence.
2. Change in Status Within a 12-Month Period. If an employer drops below the threshold and then returns to the threshold level of 100 or more affected employees within the same 12 months, that employer will be considered an affected employer for the entire 12 months, and will be subject to the program requirements as other affected employers.
3. Change in Status After a 12-Month Period. If an employer drops below the threshold and then returns to the threshold level of 100 or more affected employees 12 or more months after its change in status to an “unaffected” employer, that employer shall be treated as a newly affected employer.
C. Newly Affected Employers.
1. Reporting Date. Newly affected employers must identify themselves to the city within 180 days of either moving into the boundaries of the city or growing in employment at a worksite to 100 or more affected employees. It is the responsibility of the employer to notify the city of its affected employer status. Newly affected employers who do not identify themselves within 180 days will be considered to be in violation of this chapter.
2. CTR Program Schedule. Newly affected employers shall have 180 days to develop and submit a CTR program. After submittal of the program, newly affected employers shall have 180 days to implement the CTR program.
3. CTR Goal Achievements. For the duration of chapter 70.94 RCW and from the time of affected employer status, newly affected employers shall have two years to meet the first CTR goal of 15 percent; four years to meet the second goal of 20 percent; six years to meet the third goal of 25 percent; and 12 years for the fourth goal of 35 percent. (Ord. 1965 § 1 (part), 2001: Ord. 1587 § 4, 1993)
16.06.050 Notification of applicability.
A. Publication Notice. The city shall publish a notice of availability of the CTR ordinance and plan. This notice shall be published at least once in the city’s official newspaper not more than 30 days after passage of the ordinance codified in this chapter. Any revisions to the requirements and criteria for affected employers shall meet the same notice requirements.
B. Notice to Known Affected Employers. Known affected employers located in the city will receive written notification that they are subject to this chapter. Such notice shall be by certified mail or delivery, return receipt, addressed to the company’s chief executive officer, senior official, or CTR manager at the worksite. Such notification shall be delivered a minimum of 150 days prior to the due date for submittal of their CTR program.
C. Self-Identification of Affected Employers. Employers that, for whatever reasons, do not receive notice within 30 days of passage of the ordinance codified in this chapter shall identify themselves to the city within 90 days of the passage of the ordinance codified in this chapter. Upon self-identification, such affected employers will be granted 180 days to develop and submit a CTR program. (Ord. 1965 § 1 (part), 2001: Ord. 1587 § 5, 1993)
16.06.060 Requirements for employers – CTR program description.
A. CTR Program Description. Affected employers must develop a CTR program for their employees within 180 days of the adoption of the ordinance codified in this chapter. Employers are required to make a good faith effort, as defined in RCW 70.94.531 and this chapter, to develop and implement a CTR program that will encourage its employees to reduce VMT per employee and SOV commute trips.
B. CTR Program Description Submittal Date. The CTR program description shall be submitted to the city within 180 days of the adoption of the ordinance codified in this chapter.
1. Extension. An employer may request additional time to submit a CTR program description. Such requests must be made in writing no less than 30 days before the due date for which the extension is being requested. Requests must be made by certified letter, return receipt. Extensions shall not exempt an employer from any responsibility in meeting program goals. (Ord. 1965 § 1 (part), 2001: Ord. 1587 § 6A, 1993)
16.06.070 Requirements for employers – CTR program elements.
A. Employee Transportation Coordinator. The employer shall designate a transportation coordinator to administer the CTR program. The coordinator’s name, location, and telephone number must be displayed prominently at each affected worksite. The coordinator shall oversee all elements of the employer’s CTR program and act as liaison between the employer and the city.
B. Information Distribution. Information about alternatives to SOV commuting shall be provided to employees at least once a year. Each employer’s program description and annual report must report the information to be distributed and the method of distribution.
C. CTR Program Elements. In addition to the specific program elements described above, the employer’s CTR program shall include, but are not limited to, one or more of the following:
1. Provision of preferential parking or reduced parking charges, or both, for high occupancy vehicles;
2. Instituting or increasing parking charges for SOVs;
3. Provision of commuter ride matching services to facilitate employee ride-sharing for commute trips;
4. Provision of subsidies for transit fares;
5. Provision of vans for vanpools;
6. Provision of subsidies for carpools or vanpools;
7. Permitting the use of the employer’s vehicles for carpooling or vanpooling;
8. Permitting flexible work schedules to facilitate employees’ use of transit, carpools, or vanpools;
9. Cooperation with transit providers to provide additional regular or express service to the worksite;
10. Construction of special loading and unloading facilities for transit, carpool, and vanpool users;
11. Provision of bicycle parking facilities, lockers, changing areas, and showers for employees who bicycle or walk to work;
12. Provision of a program of parking incentives such as rebate for employees who do not use the parking facilities;
13. Establishment of a program to permit employees to work part or full-time at home or at an alternative worksite closer to their homes;
14. Establishment of compressed work week schedules which reduces commute trips;
15. Implementation of other measures designed to facilitate the use of high-occupancy vehicles, such as on-site day care facilities and emergency taxi services. (Ord. 1965 § 1 (part), 2001: Ord. 1587 § 6B, 1993)
16.06.080 Requirements for employers – CTR program reporting.
A. Annual Reports. Annual reports shall be prepared by affected employer’s utilizing the official CTR employee annual report and program description form. The annual reports must include a review of employee commuting and of the progress toward meeting the SOV and average VMT reduction goals.
B. Due Date for Annual Reports. All annual reports shall be due to the city human resources department by the second Wednesday of December.
C. Surveying. Employers are required to survey their affected employees to measure progress toward CTR performance targets. Survey years are 1995, 1997, 1999, 2001, 2003, and 2005. Newly affected employees shall survey on an alternative schedule as outlined in SMC 16.06.040(C)(3). An employer’s survey of employees shall utilize the Washington State Department of Transportation form or submit city-approved equivalent data as set forth in the Washington State CTR Task Force Guidelines.
D. Extension. An employer may request additional time to submit an annual CTR program report. Such request shall be made in writing no less than 30 days before the due date for which the extension is being requested. Requests must be made by certified letter, return receipt. Extensions shall not exempt an employer from any responsibility in meeting program goals. Extensions granted due to delays or difficulties with any program element(s) shall not be cause for discontinuing or failing to implement other program elements. (Ord. 1965 § 1 (part), 2001: Ord. 1587 § 6C, 1993)
16.06.090 Requirements for employers –Record keeping.
Affected employers shall keep records related to the CTR program they implement. Employers shall maintain all records listed in their CTR programs for a minimum of 24 months. (Ord. 1965 § 1 (part), 2001: Ord. 1587 § 6D, 1993)
16.06.100 CTR goal modification.
Repealed by Ord. 1965. (Ord. 1587 § 7A, 1993)
16.06.110 CTR program exemptions.
A. Employer Exemptions. An affected employer may submit a request to the city to grant an exemption from all CTR program requirements or penalties for a particular worksite. The employer must demonstrate that it would experience undue hardship in complying with requirements of this chapter as a result of the characteristics of its business, its work force, or its location(s). An exemption may be granted if and only if the affected employer demonstrates that it faces extraordinary circumstances, such as bankruptcy, and is unable to implement any measures that could reduce the proportion of SOV trips and VMT per employee. Exemptions may be granted by the city at any time based on written notice provided by the affected employer. The notice should clearly explain the conditions for which the affected employer is seeking an exemption from the requirements of the CTR program. The city shall review annually all employers receiving exemptions, and shall determine whether the exemption will be in effect during the following program year.
B. Employee Exemptions. Specific employees or groups of employees who are required to drive alone to work as a condition of employment may be exempted from a worksite’s CTR program. Exemptions may also be granted to employees who work variable shifts throughout the year and who do not rotate as a group to identical shifts. The city will use the criteria identified in the CTR Task Force Guidelines to assess the validity of employee exemption requests. They city shall review annually all employee exemption requests and shall determine whether the exemption will be in effect during the following program year. (Ord. 1965 § 1 (part), 2001: Ord. 1587 § 7B, 1993)
16.06.120 CTR goal modification.
A. Goal Modification. An affected employer may request that the city modify its CTR program goals. Such requests shall be filed in writing at least 60 days prior to the date the worksite is required to submit its CTR program description and annual report. The goal modification request must clearly explain why the worksite is unable to achieve the applicable goal. The worksite must also demonstrate that it has implemented all of the elements contained in its approved CTR program. The city will review and grant or deny requests for goal modifications in accordance with procedures and criteria identified in the CTR Task Force Guidelines. An employer may not request a modification of the applicable goals until one year after the city approval of its initial CTR program description or annual report.
1. Minor Goal Modification. A five percent reduction (e.g., reducing the 1999 performance target from 25 percent to 20 percent) may be granted from the applicable SOV or VMT performance targets after considering all of the following factors:
a. Transit access to the site.
b. Frequency of transit service during peak periods.
c. Potential for internal ride-matching opportunities.
d. Potential for ride-matching with other employers in the area.
e. Access to the site for bicyclist and pedestrians.
f. Ability to implement compressed work weeks and/or teleworking.
g. ETC/employer participation in training sessions, events, promotions, and networking activities.
h. Utilization of services provided by the local jurisdictions, transit agencies, and IMAs.
2. Major Goal Modification. A 10-percent reduction may be granted from the applicable SOV or VMT performance targets (e.g., reducing the 1999 goal from 25 to 15 percent) if all of the following conditions apply:
a. No transit access within one-quarter mile of the site.
b. Limited potential for internal ride-matching opportunities.
c. No potential for ride-matching with other employers in the area.
d. No reasonable access to the site for bicycles and pedestrians.
e. Limited ability to implement compressed work weeks and/or teleworking due to characteristics of the business.
f. ETC/employer participation in training sessions, events, promotions, and networking activities.
g. Utilization of services provided by the local jurisdiction, transit agencies, and TMAs. (Ord. 1965 § 1 (part), 2001: Ord. 1587 § 7C, 1993)
16.06.130 Credit for transportation demand management efforts.
A. Credit for Transportation Demand Management Programs Implemented Prior to the Base Year. Employers with successful TDM programs implemented prior to the base year may be eligible to apply for a TDM program credit. If the employer’s VMT per employee and proportion of SOV trips are equivalent to a 12 percent or greater reduction from the base year CTR zone values when these employers apply for the TDM program credit in their initial CTR program descriptions, they shall be considered to have met the first CTR goals. This three percentage point credit applies only to the first CTR goals.
B. Process to Apply for TDM Program Credit. Affected employers may apply for program exemption credit by applying to the city in their initial program description as part of any other annual report. This application shall be made within 180 days of passage of the ordinance codified in this chapter or within 180 days of attaining status as an affected employer. Application shall include results from a survey of employees utilizing the Washington State Department of Transportation Employee CTR Survey Form or equivalent data as specified in the Washington State Commute Trip Reduction Task Force Guidelines.
C. Annual Reporting. Employers that apply for credit and whose VMT per employee and proportion of SOV trips are equal to or less than goals for one or more future goal years, and commit in writing to continue their current level of effort, shall be exempt from the requirements of this chapter except for the requirements to submit annual CTR program reports utilizing the city of Sumner CTR program report form as specified in SMC 16.06.090. If any of these reports indicate the employer does not satisfy the next applicable goal(s), the employer shall immediately become subject to all requirements of the CTR ordinance. (Ord. 1965 § 1 (part), 2001: Ord. 1587 § 8, 1993)
16.06.135 Credit for schedule changes.
A. Employers who have permanently modified their employees’ work schedules so that some or all affected employees are to begin work between 6:00 a.m. and 9:00 a.m. are provided credit when calculating SOV trips and VMT per employee (RCW 70.94.537(2)(I)). This credit is to be awarded if implementation of the schedule change was an identified element in a worksite’s approved CTR program, or if the schedule change occurred due to impacts associated with chapter 36.70A RCW, the Growth Management Act.
B. Credit. For every five employees whose schedules are changed in order to avoid a peak hour commute, a worksite will be credited with one full trip reduced.
1. Retroactive Credit. Any employer may apply for a retroactive credit for schedule changes implemented prior to the 1997 survey. Application for the retroactive credit shall be made in writing to the city within 180 days of becoming affected.
2. New Credit. At any time an employer may apply for new credit for schedule changes.
3. Application Process. The application must be submitted in writing. The credit application must include the following information:
a. An explanation of how the schedule change is related to provisions of the Growth Management Act of 1990 or a demonstration that the schedule change was an identified element of a previously approved annual report.
b. Shift Below 100 Affected Employees. Employers who shift below 100 affected employees are not affected as outlined in SMC 16.06.040(B)(1). (Ord. 1965 § 1 (part), 2001)
16.06.140 Review schedule for CTR program descriptions and annual reports.
A. Document Review. Within 90 days of receipt of an employer’s CTR program report form, the city shall provide the employer with written notification if a CTR program is deemed acceptable or unacceptable. If the CTR program is deemed unacceptable, the notification must give cause for the rejection. The city may extend the review period up to 90 days. If the review period is extended, the implementation date for the employer’s CTR program will be extended an equivalent number of days.
B. Request for Conference. Within 10 days of receipt of written notice for an unacceptable CTR program, the city or the employer may request a conference to discuss the city’s decision. This conference shall be scheduled during the city’s official hours.
C. Implementation of CTR Program Modifications. If the city proposed modifications to an affected employer’s CTR program due to the CTR program’s unacceptability, the affected employer shall have 30 days to submit a revised CTR program that includes the proposed modifications. (Ord. 1965 § 1 (part), 2001: Ord. 1587 § 9, 1993)
16.06.150 Enforcement.
A. Compliance. For purposes of this section, compliance shall mean fully implementing all provisions in an accepted CTR program.
B. Program Modification Criteria. The city shall use the following criteria in determining whether an affected employer shall be required to make modifications to its CTR program:
1. If an employer makes a good faith effort, as defined in RCW 70.94.534(2) and this chapter, and meets either or both the applicable SOV and VMT goals, the employer has satisfied the objective of the CTR plan and will not be required to modify its CTR program.
2. If an employer makes a good faith effort, as defined in RCW 70.94.534(2) and this chapter, but has not met 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.
3. If an employer fails to make a good faith effort, as defined in RCW 70.94.534(2) and this chapter, and fails 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 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. (Ord. 1965 § 1 (part), 2001: Ord. 1587 § 10A, B, 1993)
16.06.160 Violations.
The following constitute violations if the deadlines established in this chapter are not met:
A. Failure to develop and/or submit on time a complete CTR program by the applicable deadlines as stated in this chapter.
B. Failure to implement an approved CTR program by the applicable deadlines as stated in this chapter.
C. Failure to modify an unacceptable CTR program by the applicable deadlines as stated in this chapter.
D. Failure of an affected employer to identify itself to the city within 180 days of the effective date of this chapter.
E. Failure of a newly affected employer to identify itself to the city within 180 days of becoming an affected employer.
F. Failure to submit on time an annual CTR program report to the city.
G. Failure to maintain agreed upon CTR program records.
H. Intentionally submitting fraudulent, false, or bogus information, data and/or survey results.
I. Failure to survey in the goal years.
J. Failure to make a good faith effort as defined by RCW 70.94.534(4) and this chapter. (Ord. 1965 § 1 (part), 2001: Ord. 1587 § 10C, 1993)
16.06.170 Penalties.
No affected employer with an approved CTR program may be held liable for failure to reach the applicable SOV or VMT goals.
A. Civil Infraction. Any affected employer violating any provision of this chapter shall be guilty of a civil infraction, and subject to civil penalties pursuant to chapter 70.80 RCW.
B. Written Notice. Whenever the city makes a determination that an affected employer is in violation of this chapter, the city shall issue a written notice and order and send it certified mail or registered mail, return receipt requested, to the affected employer. The notice and order shall contain:
1. The name and address of the affected employer.
2. A statement that the city has found the affected employer to be in violation of this chapter with a brief and concise description of the conditions found to be in violation.
3. A statement of the corrective actions required to be taken. If the city has determined that corrective action is required, the order shall require that all corrective action be completed by a date stated in the notice.
4. A statement specifying the amount of any civil penalty assessed on account of the violation.
5. A statement advising that the order shall become final unless, no later than 10 days after the notice and order are served, any person aggrieved by the order requests in writing an appeal before the city hearing examiner.
C. Penalty Amount. The penalty for violation shall be $250.00 per day.
D. Penalty Accrual. Penalties will begin to accrue following the official date of notice from the city. In the event that an affected employer appeals the imposition of penalties, the penalties will not accrue during the appeals process. Should the hearing examiner decide in favor of the appellant, all or a portion of the monetary penalties will be dismissed.
E. Union Negotiations. 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 if they:
1. Propose to recognized union any provisions 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 and advise the union that the proposal being made is necessary for compliance with state law (RCW 70.94.531). (Ord. 1965 § 1 (part), 2001: Ord. 1587 § 10D, 1993)
16.06.180 Appeals.
A. Appeals. Any affected employer may appeal administrative decisions regarding modification of goals, modification of CTR program elements, and penalties to the city hearing examiner. Appeals shall be filed within 30 days of the administrative decision.
B. Criteria to Judge Appeals. The hearing examiner will evaluate employers’ appeals of administrative decisions by determining if the decisions were consistent with CTR law and task force guidelines. Appeals may be granted if the employer can show the violations for which the penalties were imposed occurred for reasons beyond the control of the employer, or the penalties were for the failure of the employer to revise its CTR program as directed by the city and the employer can demonstrate that measures the city directed the employer to incorporate in its CTR program are unlikely to reduce the proportion of SOV trips and/or VMT per employee.
C. Appeal to City Council. An affected employer may appeal any decision of the city hearing examiner to the city council. The city council will evaluate the employers’ appeals of the administrative decisions and the hearing examiner’s decision by determining if the decisions were consistent with the CTR Law, chapter 70.94 RCW, the Washington State Commute Trip Reduction Task Force Guidelines, and the city of Sumner CTR ordinance. (Ord. 1965 § 1 (part), 2001: Ord. 1587 § 11, 1993)
Attachment A is on file in the office of the city clerk.