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(a) The tree felling is the minimum necessary for implementation <br /> of an approved development proposal; 'or <br /> (b) The tree felling" is necessary to remove or alleviate a danger to <br /> life or property due to the hazardous, dead, decaying, or diseased condition <br /> of the trees. <br /> (5) In reviewing applications or development proposals, :. the city -, shall <br /> encourage property, owners to retain, to the maximum extent practicable, any heritage <br /> trees located upori the parcel being developed. <br /> (6) The, council finds that the city's financial resources are insufficient to <br /> pursue ail,alleged Niiolationsof this code.:< In order to ensure some recourse for individuals <br /> affected by violations of this section which the city will not pursue, a private cause of action <br /> is,.created Nothing, in. this ' section restricts or otherwise affects the city's enforcement <br /> authority for violations of. .this, section. <br /> (7) The ,city or any person aggrieved byan; alleged = violation of this section <br /> shall have a .cause of action against ;a responsible person, in any court of competent <br /> jurisdiction, for. such equitable remedies as may, be appropriate, including reasonable <br /> attorney fees to be:aawarded. to the prevailing _- .party. For... purposes of this section, <br /> responsible person meansatlie owner of the property upon which the tree felling occurred, <br /> is occurring, or is about to occur. <br /> (8) A person may be aggrieved by an alleged violation of section only <br /> if the person resides within 200 feet of the = parcel on which trees have been felled, are <br /> being felled, or are about to be felled, or the parcel is visible from the person's residence. <br /> Section 2. Sections 6.300, 6.305, 6.310, 6.320, 6.325, and 6.330 of the Eugene <br /> Ordinance - 2 10/31/97 <br />