Tree Ordinances and Admin Orders

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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 permits if the responsible person fails or refuses to pay an administrative civil penalty imposed pursuant to tl}is rule within the ten day period. If the violation resulting in the imposition of the administrative civil penalty occurred on real property and the penalty remains unpaid for a period of 30 days or more after becoming final, the full amount of the unpaid penalty and/or fine shall be assessed against the real property upon which the violation occurred and entered as a lien in the docket of City liens. Notice of the assessment and docketing shall be given to the responsible person at the time the assessment is made. Interest at the rate prescribed by Section 2.022 of the Eugene Code, 1971 shall commence on the date the lien is entered on the lien docket, and the lien shall be enforced in the same manner as liens for street improvements. 6. Enhanced Permit Fee. If a tree is felled without a permit, the responsible party may apply for a permit within five working days of the Notice of Violation or other written notice pursuant to R- 6.305 -C.5. The fee for the first tree felling permit obtained subsequent to the tree felling shall be twice the amount of the established permit fee in effect at the time the permit is applied for. The fee for any future permits applied for subsequent to the tree felling by the same responsible person at the same, or any other location within the city, shall be ten times the amount of the established permit fee at the time the permits are applied for. 7. Replacement Fee. If a street tree or other public tree is illegally felled, a replacement fee shall be assessed in addition to all other fines, penalties, or other enforcement mechanisms set forth in this rule, associated codes, and/or other associated rules or orders. The fee shall be Administrative Order - 10 r: \adminord\ rule \OOtreeremlao.wpd(01 /28/00)