§ 50-8. Compliance for contractors and subcontractors.

(a)

The city shall develop rules and regulations to receive and investigate complaints and procedures to determine compliance with this chapter. The city is affirmatively obligated to do on-site visits and/or to review payroll records to monitor compliance in order to ensure compliance. All records reviewed shall be kept confidential and all parties with access to these records shall be required to keep that information confidential, except as necessary to enforce this chapter.

(b)

Upon a determination through on-site visits or review of payroll records that an employer has not complied with a provision of this chapter, the city shall provide the employer with written notice of such non-compliance. The notice shall include a demand for compliance within thirty (30) days, a warning that the service contract may be suspended or terminated after such date for non-compliance, and a statement that compliance must be demonstrated by submission of payroll records to the city that establish proof of restitution made to affected workers.

(c)

An employer may request a hearing within thirty (30) days after receipt of a notice of non-compliance. The city shall conduct a hearing within thirty (30) days at which the parties may present documentation. Thereafter, the city shall issue written findings and a decision within thirty (30) days subject to the provisions of section 50-10(e).

(d)

An employer shall have the right to appeal a determination of noncompliance in an Article 78 proceeding in New York State Supreme Court.

(e)

If an employer fails to comply with a demand for compliance within thirty (30) days, or does not prevail after a hearing, the city shall impose any or all of the following:

(1)

Suspend or terminate the service contract and, as yet, unpaid;

(2)

Demand repayment of monies provided under the service contract in whole or in part;

(3)

Require restitution in the form of payment by the employer to the employees of any unpaid living wages; and

(4)

Upon a determination that an employer's noncompliance with the requirements of this chapter was willful or egregious, the city may bar an employer from any further service contract for a period of five (5) years.

(f)

Service contracts payments that have been suspended for non-compliance according to this section may be renewed, but only after the employer submits written proof satisfactory to the city that the employer has come into full compliance with this chapter.

(Gen. Ord. No. 37-2012, 12-17-12)