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2009 5th Street Market Tree
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2009 5th Street Market Tree
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Last modified
7/8/2014 3:04:31 PM
Creation date
7/8/2014 3:04:28 PM
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PW_Operating
PW_Document_Type_ Operating
Correspondence
Fiscal_Year
2015
PW_Division
Parks and Open Space
External_View
No
Retention_Destruction_Date
1/1/2017
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order, or violates EC sections 6.300 - 6.330 or this rule. <br /> 5. Administrative Civil Penalty. Following the procedures set forth in paragraphs I <br /> and J of this rule, the enforcement officer may issue a notice of violation and impose an <br /> administrative civil penalty upon a responsible person for violation of the provisions of EC sections <br /> 6.300 - 6.330, this rule, or a condition of a permit. Failure to pay the administrative civil penalty <br /> within ten days after it becomes final constitutes a violation of this rule and the Eugene Code, 1971. <br /> In addition to any other enforcement mechanisms authorized by the Eugene Code, 1971, this rule, or <br /> federal or state law, the enforcement officer may withhold issuance of requested licenses or permits, <br /> issue a notice to correct, stop work order, or revoke or suspend any issued licenses or permits if the <br /> responsible person fails or refuses to pay an administrative civil penalty imposed pursuant to this <br /> rule within the ten day period. If the violation resulting in the imposition of the administrative civil <br /> penalty occurred on real property and the penalty remains unpaid for a period of 30 days or more <br /> after becoming final, the full amount of the unpaid penalty and/or fine shall be assessed against the <br /> real property upon which the violation occurred and entered as a lien in the docket of City liens. <br /> Notice of the assessment and docketing shall be given to the responsible person at the time the <br /> assessment is made. Interest at the rate prescribed by Section 2.022 of the Eugene Code, 1971 shall <br /> commence on the date the lien is entered on the lien docket, and the lien shall be enforced in the <br /> same manner as liens for street improvements. <br /> 6. Enhanced Permit Fee. If a tree is felled without a permit, the responsible party may <br /> apply for a permit within five working days of the Notice of Violation or other written notice <br /> pursuant to R- 6.305 -C.5. The fee for the first tree felling permit obtained subsequent to the tree <br /> felling shall be twice the amount of the established permit fee in effect at the time the permit is <br /> applied for. The fee for any future permits applied for subsequent to the tree felling by the same <br /> responsible person at the same, or any other location within the city, shall be ten times the amount of <br /> the established permit fee at the time the permits are applied for. <br /> 7. Replacement Fee. If a street tree or other public tree is illegally felled, a <br /> replacement fee shall be assessed in addition to all other fines, penalties, or other enforcement <br /> mechanisms set forth in this rule, associated codes, and/or other associated rules or orders. The fee <br /> shall be calculated using the plant appraisal method established by the Council of Tree & Landscape <br /> Appraisers <br /> 8. Service of Notices /Orders. All notices/orders shall be served by personal service or <br /> sent by certified mail and first class mail. Any notice/order served by mail shall be deemed received <br /> for purposes of any time computations hereunder, three days after the date mailed, if to an address <br /> within this state, and seven days after the date mailed, if to an address outside this state. <br /> 9 Remedies not Exclusive. The enforcement mechanisms set forth herein are not <br /> exclusive, and are in addition to any other remedies available under provisions of the Eugene Code, <br /> 1971 and federal and state law. <br /> Administrative Order - 10 r: \adminord \rule \OOtreerem2ao.wpd(03 /14/00) <br />
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