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2. Any person who provided written comments on an application pursuant to R- 6.305- <br /> D-5, and who is dissatisfied with the action of the City Manager in granting a permit, whether with <br /> or without conditions, may appeal the decision by following the same procedures as set forth in <br /> subsection 1 of this section. <br /> 3. The appeal shall be governed by Section 2.021 of the Eugene Code, 1971, and shall <br /> describe in writing the specific basis or bases upon which the appellant asserts that the decision was <br /> in error. <br /> 4. The decision of the hearings officer is final, and may include a determination to <br /> refund the appeal fee to the appellant if the hearings officer finds the appeal is not frivolous. <br /> R 6.305 - K EXCEPTIONS TO PERMIT REQUIREMENTS. <br /> The permit requirements and other restrictions of this Rule do not apply to: <br /> (a) That portion of a PUD and/or PUD subdivision for which final approval has <br /> been obtained; <br /> (b) An occupied parcel of less than 20,000 square feet; <br /> (c) The action of any City officer or employee or of any public utility necessary <br /> to remove or alleviate an immediate danger to life or property; to restore utility service; or to <br /> reopen a public thoroughfare to traffic; <br /> (d) The felling of trees that the Urban Forester has determined are nuisances <br /> under Section 6.010 of the Eugene Code, 1971. The Urban Forester may require a tree <br /> health or hazard report to be submitted by an arborist certified by the International Society of <br /> Aboriculture in support of the removal as professional testimony the tree(s) constitute a <br /> nuisance.; <br /> (e) The felling of trees that are in violation of Section 7.640 of the Eugene Code, <br /> 1971; or <br /> (0 Any felling of trees located within publicly owned and accepted right -of -way <br /> necessary to install or maintain public improvements such as streets and sewers within <br /> publicly owned and accepted rights -of -way or utility easements. Were publicly owned <br /> improvements are being constructed by private individuals, no tree removal may take place <br /> prior to execution of the order to proceed for the construction of the public improvements by <br /> the City Engineer. <br /> Administrative Order No. 58- 96 -22 -F is repealed, as of the effective date of this order <br /> Administrative Order - 14 r: \adminord \rule \OOtreerem2ao.wpd(03 /14/00) <br />