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(b) Is in charge of the property on which the tree is located or the property <br /> that abuts a public way where the tree is located; or <br /> (c) Is the person who causes the violation to come into or continue in <br /> existence. <br /> Street tree. A living, standing woody plant typically having a single trunk at least <br /> 1 -1/2 inches in diameter at a point six inches above mean ground level at the base of the <br /> trunk, that is located within the street right -of -way. <br /> Tree. A living, standing, woody plant having a trunk or trunks with a minimum <br /> cumulative circumference of 25 inches at a point 4 -1/2 feet above mean ground level at the <br /> base of the trunk or with a minimum cumulative diameter breast height (dbh) of 8 inches. <br /> Unavoidable accident. For purposes of the civil penalty matrix of this rule, a <br /> situation whereby the person responsible for the tree could not have taken any action that <br /> would have prevented the violation. <br /> Violation. Felling a tree without obtaining a permit either prior to, or retroactive to <br /> the felling; failure to adhere to the requirements of a permit; or failure to make a correction <br /> within the time required in a written notice to correct. Each tree illegally felled, each <br /> condition of a permit that is not adhered to, and each violation not corrected within the time <br /> required in the written notice constitutes a separate violation. <br /> R 6.305 - B APPLICABILITY. <br /> The felling of trees without a permit is prohibited by Sections 6.300 - 6.330 of the Eugene <br /> Code, 1971 (EC). In addition, requirements and conditions may be imposed on tree removal permits. <br /> This rule provides the process and procedures for processing applications, establishes criteria for <br /> approval, and establishes an enforcement program designed to discourage violations of a tree <br /> removal permit, EC sections 6.300 to 6.330 or this rule, and establishes a matrix for assessment of <br /> an administrative civil penalty for such violations. <br /> R 6.305 - C PERMIT REQUIRED. <br /> 1. Unless exempt pursuant to R- 6.305 -K, no person may fell more than five trees within <br /> a period of 12 consecutive months from a parcel of private property consisting of 20,000 or more <br /> square feet of area without first obtaining a permit. <br /> 2. Unless exempt pursuant to R- 6.305 -K, no person may fell one or more trees from a <br /> parcel of private property consisting of less than 20,000 square feet of area without first obtaining <br /> a permit. <br /> Administrative Order - 4 r: \adminord \rule \OOtreeremlao.wpd(01 /28/00) <br />