Ordinance 1925-93 - Laserfiche WebLink

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. Under Washington State Law, first class cities are allowed to determine nuisances and means to abate them. The City has an established administrative procedure for notification and abating nuisances. Each day of failure to implement the CTR program required by the ordinance shall constitute a violation of the ordinance and deemed to be a public nuisance. In order to abate the nuisance, the City is authorized to issue a determination of non-compliance which is appealable to the Hearing Examiner. Following an appeal or in the absence of such an appeal to the Hearing Examiner, the City is authorized to further abate this nuisance by applying to any court of competent jurisdiction, which may, after a hearing, may grant an injunction. The injunction, either preliminary, temporary and/or permanent, would restrain any person, firm and/or corporation from failing to comply with the provisions of the ordinance. If the City is successful in seeking compliance, all costs incurred by the city in obtaining compliance shall be paid by the violator. It shall not be considered a failure to implement the CTR program, if an employer's inability to implement an element of the program was the result of an inability to reach agreement within the preceding twelve month period with a certified collective bargaining agent under applicable laws where the issue was raised by the employer and pursued in good faith. Employers of union organized employees 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 Public Works Department and advise the union that the proposal being made is necessary for compliance with state law (RCW 70.94.531). Any affected employer may appeal administrative decisions regarding exemptions, modifications of goals, modification of CTR program elements, and determinations concerning failure to implement a CTR program . The appeal must be filed with the City Clerk not later than the 10th day following the date of the administrative decision. The appeal must be in writing and state the specific exceptions and objections to the decision. At the time of filing the appeal. a fee of $100 must be paid to the City. The appeal will be heard by the City's Land Use Hearing Examiner. The burden of establishing the contrary shall be on the appellant. In reviewing the appeal, the Hearing Examiner shall determine whether the administrative decision is consistent with the provisions of Everett's CTR Ordinance and Plan. The Hearing Examiner has the jurisdiction over the appeal, and the authority to affirm, modify, reverse, or remand the administrative decision. He/she may also grant other appropriate relief. The decision of the Hearing Examiner shall constitute final decision which may be appealed to the City Council per the provisions of the Hearing Examiner's Ordinance. 32