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BEFORE THE EUGENE HEARINGS OFFICIAL FINAL ORDER Tamara Breach, RESPONDENT P.O. Box 1949 Eugene Oregon 97440 DATE: February 14, 1994 Nature of Proceeding and Order: This is an order in an appeal concerning a notice of civil penalty issued by the City of Eugene Public Works Department to Tamara Breach (Respondent), alleging violation of Section 6.305(2) - of the Eugene Code, which prohibits anyone from felling one or more trees from a parcel of private property consisting of less than 20,000 square feet of area without a permit. Ruling and Penalty: The Civil Penalty is dismissed. The Respondent is directed to acquire and comply with a permit as required by EC 6.305(1). Regulations Alleged to Have Been Violated: The Notice of Civil Penalty alleges violation of the following regulation: Eugene Code Section 6.305(2), which provides that: "Except as provided in section 6.330, no person may fell one or more trees from a parcel of private property consisting of less than 20,000 square feet of area without a permit." At the February 4, 1994 contested case hearing on this Notice of Civil Penalty, the City amended its pleading to allege violation of Eugene Code Section 6.305(1), which provides that: "Except as provided in section 6.330, no person may fell more than five trees within a period of 12 consecutive months from a parcel of private property consisting of 20,000 square feet or more of area without a permit." Penalty Rule: Eugene Code Section 6.990(3) provides the following: "Violation of section 6.305 to and including section 6.310 is punishable by a fine of a minimum of $100 to a maximum of $4,000.00 for each tree removed, or confinement in jail not to exceed 100 days, or both fine and imprisonment. In addition, the city attorney, upon request of the city manager, shall institute any necessary legal proceedings to enforce the provisions of sections 6.305 and 6.310 of this code." Tamara Breach Appeal of Administrative Civil Penalty Page 1