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b. City staff will accept the application, review for appropriate professional <br /> certification and issue the permit based on the private certification of <br /> conformance with code regulations. No staff site inspections, complaint <br /> investigation, nor enforcement activities will be provided. <br /> c. The permittee will be required to post all trees to be removed with a notice <br /> informing interested parties that a permit has been issued. The notice shall <br /> include the name and telephone of the permittee or permittee's representative. <br /> • Creates a private cause of action for injunctive relief to allow any Eugene resident to take <br /> citizen enforcement through court action if tree felling regulated by this code occurs <br /> without a permit or in excess of what the permit allows. For purposes of this section, <br /> injunctive relief includes temporary restraining orders, preliminary injunctions, <br /> permanent injunctions, declaratory judgments, and reasonable attorney fees awarded to <br /> the prevailing party. <br /> • Retains current street tree removal permit administration and enforcement provisions by <br /> City staff. To promote clarity and ease of code research by citizens, combines these <br /> provisions with other provisions relating to street trees in Eugene Code Chapter 7. <br /> C. Alternatives /Options <br /> Leave ordinance in place as is but discontinue administration. This option would likely <br /> result in the City becoming involved in legal actions in a tree removal dispute through <br /> failing to issue code required permits or in cases of larger removals for failing to provide <br /> the code required public notice and the opportunity to comment and appeal. <br /> Delete the existing ordinance. This option would reopen the possibility of speculative <br /> tree felling and clear cutting on large parcels of land prior to the development process. <br /> D. Recommendation <br /> Staff recommends the Council schedule a public hearing on the proposed changes. <br /> E. Timing <br /> Due to loss of funding, implementation of this action is currently needed. <br /> VI. ATTACHMENTS <br /> 1. Draft of revised tree preservation code. <br /> For further information, contact: Johnny Medlin or Scott Plamondon, Public Works Maintenance <br /> 682 -4800 <br />