Tree Ordinances and Admin Orders

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(b) No more than 2 (two) time extensions shall be granted. (c) No additional trees may be removed under a time extension. R -t 305 -G ENFORCEMENT. 1. Abatement. If a violation of EC 6.300 - 6.330, this rule, or a condition of a permit is occurring and the enforcement officer finds that failure to act promptly will seriously prejudice the public health, welfare, or environment, the enforcement officer may initiate abatement proceedings pursuant to EC Sections 6.005 to 6.115, and may, at the same time, issue a Notice of Civil Penalty, without issuing any prior orders or attempting to secure voluntary compliance or correction of the violation. 2. Notice to Correct. When the enforcement officer finds a violation of EC 6.300 - 6.330, this rule, or a condition of a permit is occurring, and the enforcement officer believes that the violation may be corrected and, when corrected, will prevent or fully remediate any harm from the violation, the enforcement officer may, in his or her discretion, issue a Notice to Correct to the responsible person. A Notice to Correct shall identify the condition constituting the violation and the time within which the correction is to be made. In addition to any other penalties that may be imposed for the original violation, a failure to comply with a Notice to Correct is a violation subject to the penalties provided in these rules. A Notice to Correct is not appealable. 3. Stop Work Order. Upon finding an activity is occurring that violates EC 6.300 - 6.330, this rule, or a condition of a permit, the enforcement officer may issue a stop work order to the responsible person. The stop work order need not require the cessation of all operations on the premises, only those activities causing or contributing to the violation. In addition to any other penalties that may be imposed, failure to comply with the enforcement officer's order issued under this subsection constitutes a violation of this rule and the provisions of Chapter 6 of the Eugene Code, 1971 under which it is promulgated, punishable as set forth in EC Sections 6.990, 6.992, and 6.995. 4. Notice of Violation. The enforcement officer may issue a notice of violation to a responsible person who fails to obtain the proper permit for felling a tree, fails to adhere to a condition of a permit, fails to comply with a Notice to Correct, fails to comply with a stop work order, or violates EC sections 6.300 - 6.330 or this rule. 5. Administrative Civil Penalty. Following the procedures set forth in paragraphs I and J of this rule, the enforcement officer may issue a notice of violation and impose an administrative civil penalty upon a responsible person for violation of the provisions of EC sections 6.300 - 6.330, this rule, or a condition of a permit. Failure to pay the administrative civil penalty within ten days after it becomes final constitutes a violation of this rule and the Eugene Code, 1971. In addition to any other enforcement mechanisms authorized by the Eugene Code, 1971, this rule, or federal or state law, the enforcement officer may withhold issuance of requested licenses or permits, issue a notice to correct, stop work order, or revoke or suspend any issued licenses or Administrative Order - 9 r :\adminord \rule \00treerem2ao.wpd(03 /14/00)