Ordinance 1925-93 - Laserfiche WebLink

4 • CHAPTER 4: GENERAL SECTION A ENFORCEMENT 1. Compliance. For purposes of this section, compliance shall mean fully implementing all provisions in an accepted CTR program or meeting or exceeding VMT and SOV goals of this ordinance. 2. 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 meets either or both goals, the employer has satisfied the objectives of the CTR plan and will not be required to modify the CTR program; (2) If an employer meets the goal for proportion of SOV trips but not for VMT per employee, the City may recommend program modifications, but in recognition of the employer's successful efforts in reducing SOV trips, will not penalize the employer if it does not implement recommended modifications; (3) If an employer fails to meet both the VMT per employee goal and the SOV rate goals, the City shall propose modifications to the CTR program and direct the employer to revise its program and may penalize the employer if it does not implement the recommended 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 notice. The City shall review the revisions and notify the employer of acceptance or rejection of the revised program. If a revised program is not acceptable, 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 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. 3. Violations. The following constitute violations if the deadlines established in this ordinance are not met: (1) Failure to develop and/or submit on time a complete program, including: (a) Employers notified or that have identified themselves to the City within 180 days of the ordinance being adopted and that do not submit a CTR program within 150 days from the notification or self-identification and (b) Employers not identified or self-identified within 180 days from the adoption of the ordinance; (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 ordinance; or (3) Failure to modify an unacceptable CTR program after 1995. 4. Penalties. (1) Each day of failure to implement the CTR program required by this ordinance shall constitute a violation of this ordinance which violation is hereby deemed to be a public nuisance. In order to abate this public nuisance, the City is authorized to issue a determination of non-compliance which is appealable to the Hearing Examiner. Following an appeal or in absence of such an appeal being filed with the Hearing Examiner, the City is authorized to further abate this nuisance by applying to any court of competent jurisdiction for and such court, upon hearing and for cause shown, may grant a preliminary, temporary and/or permanent injunction restraining any person, firm and/or corporation from failing to implement the required CTR program and comply with the provisions of this ordinance. In 11