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(1) The City is authorized to enforce the provisions of this chapter pursuant to the procedures set forth in CMC 1.30.060, 1.30.070 and 1.30.080.

(a) By the deadlines established in this chapter, implement an approved CTR program including the submittal of a complete CTR program description upon which the approval shall be based.

(b) By the deadlines established in this chapter, modify an unacceptable CTR program after 1995 and to submit annual reports by which the need for program modifications will be determined.

(c) Make a good faith effort, as defined in RCW 70.94.534(2) and CMC 12.90.010(20), to implement its approved program.

(d) Revise a CTR program as required in RCW 70.94.534(4) and CMC 12.90.060.

(2) Submission of fraudulent data shall be a violation and may be subject the provisions of this chapter pursuant to the procedures set forth in CMC 1.30.060, 1.30.070 and 1.30.080. Each day from the date of receipt of such information by the City shall constitute a separate violation.

(3) An employer shall not be liable for civil penalties if failure to achieve a CTR program goal or to implement an element of an approved 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 compliance if they 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 advise the union of the existence of the statute and the mandates of the employer’s approved CTR program and advise the union that the proposal being made is necessary for compliance with State law.

(4) No affected employer may be held liable for failure to reach the applicable SOV or MVT goal.

(5) Affected employers shall be given 15 days’ written notice of the City’s intent to seek civil penalties. (Ord. 38-02 § 2 (12.60.090))