(a) Failure to Achieve Chapter Objective. If an employer subject to the trip reduction requirements of this chapter is unable to show that substantial progress is being made to meet the objectives of this chapter by the time of the required second annual report, or annual report thereafter, the city trip reduction coordinator may require a revised trip reduction plan. The trip reduction coordinator may make such a requirement by disapproving the existing trip reduction plan and requiring a revised plan be prepared and submitted within thirty days of notification of plan disapproval.
(b) Failure to Provide Surveys, Annual Reports, or Trip Reduction Plans. Any employee who fails to provide the survey data, annual report, or trip reduction plan as required by this chapter, after thirty days from receipt of notice to remedy the failure, shall be guilty of an infraction.
(1) Penalties. Every infraction violation of this chapter is punishable, upon conviction thereof, by (a) a fine not exceeding one hundred dollars for the first violation; (b) a fine not exceeding two hundred dollars for a second violation of the same provision within one year; (c) a fine not exceeding five hundred dollars for each additional violation of the same provision within one year.
(2) Violations--Continuing. Acts, omissions or conditions of violation of this chapter which continue, exist, or occupy more than one day constitute separate violations and offenses on each such day.
(c) Failure to Implement a Trip Reduction Plan. Any employer who fails to implement a term or condition of their approved trip reduction plan shall have thirty days, after notice of such failure, to correct the failure, or satisfactorily explain to the city council why compliance is not possible or that substantial progress is being made toward meeting the objectives of this chapter. If the employer is not excused from compliance by the city council, then the city council may take one of the following actions:
(1) Time Extension. The city council may grant an extension of time for compliance solely on the evidence that time is the only condition needed to accomplish the requirements.
(2) Penalties. The city council may find that an extension is not warranted, find a violation of this chapter, and order compliance within thirty days. Every violation is an infraction punishable as in subsection (b) above. (Ord. No. 1218, § 3 (part).)