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Tree Ordinances and Admin Orders
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Tree Ordinances and Admin Orders
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7/9/2014 11:08:08 AM
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make unreasonable ju. _.: ments and leaves no recourse for pr, . rty owners. This <br /> statement is too vague to be acceptable. <br /> (7) The city or any city resident shall have a cause of action against a responsible <br /> person, in any court of competent jurisdiction, for injunctive relief for an <br /> alleged violation of this section or noncompliance with a permit issued <br /> pursuant to section 6.317 of this code. For purposes of this section, <br /> injunctive relief includes temporary restraining orders, preliminary injunction, <br /> permanent injunctions, declaratory judgements, and reasonable attorney fees <br /> awarded to the prevailing party. For purposes of this section, responsible <br /> person means the owner of the property upon which the tree felling <br /> occurred, is occurring, or is about to occur. <br /> Home Builders Association of Lane County comments to (7): <br /> The city has crafted a fine pathway for disaster here in (7). This is an example of why <br /> this ordinance should be eliminated. If there are insufficient funds within our local <br /> government to address these issues, there is absolutely no reason to leave this up to a <br /> community of individuals to make judgements. This is declared unacceptable by our • <br /> membership. It will allow property owners, in turn, to go after the arborists creating <br /> a situation wherein the arborists will not assume the liability in the first place. We <br /> feel this is among the weakest solutions our public works department could have <br /> proposed based on lack of funding. <br /> 6.317 Tree Felling- Procedure for Obtaining Tree Felling Permit. <br /> (1) A person desiring to fell a tree under section 6.315(4) shall apply to <br /> the city manager or designee for a tree - felling permit, on an <br /> application form developed by the city manager or designee. <br /> Additional documentation required shall include: <br /> (a) If felling is being requested under section 6.315(4)(a): <br /> 1. A copy of the approved development plan (examples include but <br /> are not limited to conditional use permits, site reviews, and <br /> building permits); and <br /> Home Builders Association of Lane County comment to 6.317 <br /> In the case of an "approved development plan" why are these issues not addressed <br /> during the approval of the development plan? Another example of layered <br /> bureaucracy. <br /> 2. A report prepared by an arborist certified by the International <br /> Society of Arboricultural or a landscape architect licensed in the <br /> state of Oregon, or a licensed or certified professional from an <br /> equivalent profession approved by the city, which individually <br /> identifies each tree proposed for felling, and which certifies that <br />
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