New Search
.4 <br /> • <br /> CITY OF EUGENE <br /> INTER - DEPARTMENTAL MEMORANDUM <br /> CITY ATTORNEY — CIVIL DEPARTMENT <br /> To: Johnny Medlin Date: July 27, 1999 <br /> Support Services Manager, PWM <br /> Subject: Enforcement Action Concerning Glenwood Boulevard Extension Project <br /> The purpose of this memorandum is to summarize the enforcement options available to <br /> the City of Eugene for violations of the City's Tree Preservation Ordinance (EC 6.300 to 6.330) <br /> and Erosion Prevention Ordinance (EC 6.625 to 6.645) at the Glenwood Boulevard extension <br /> project. <br /> I. Enforcement of Tree Preservation Ordinance <br /> EC 6.990(3) provides that violations of EC 6.305 (Tree Felling Prohibition) and 6.310 <br /> (Procedure for Obtaining Tree Felling Permit) are punishable by a fine of a minimum of $100 to <br /> a maximum of $4,000 for each tree removed, or confinement in jail not to exceed 100 days, or <br /> both fine and imprisonment. Such a proceeding would be prosecuted in the Eugene Municipal <br /> Court. <br /> EC 6.990(3) also provides that violations of sections 6.305 and 6.310 may be enforced by <br /> "any necessary legal proceedings." One legal proceeding which would fall within this language <br /> is a proceeding which would be filed in the Lane County Circuit Court under ORS 30.315, which <br /> authorizes a city to maintain civil proceedings in state court when it seeks to enforce its <br /> ordinances. That statute provides in relevant part that the City may seek a court order requiring <br /> or enjoining the performance of an act affecting real property. The City could use the state <br /> circuit court procedure if the City was concerned about future violations. If the developer <br /> violated a court order enjoining further violations of the ordinance, the City could then seek a <br /> contempt of court citation, which could include both monetary fines and imprisonment. <br /> Finally, EC 6.995 authorizes the City to issue administrative civil penalties for violations <br /> of the Tree Preservation Ordinance. The administrative civil penalty is an enforcement option <br /> which is in addition to, and not in lieu of, the other enforcement options discussed above. <br /> II. Enforcement of Erosion Prevention Ordinance <br /> EC 6.640(3) provides that the violation of the Erosion Prevention Ordinance may result <br /> in (a) the issuance of a stop work order or compliance order; (i.) the issuance of a citation into <br /> municipal court; and (c) the imposition of an administrative civil penalty. <br />