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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 upon the parcelrbeing developed. <br /> (6) The council finds that the city's financial resources are insufficient to <br /> pursue all alleged violations of 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 fbr violations of this section. <br /> (7) The city or any city resident shall: have a cause of action againstaa <br /> responsible ;person :: any court: of competentjurisdiction, for injunctive: relief for an alleged <br /> violation of this section For purposes of this section,. injunctive relief includes temporary <br /> restraining orders, .. preliminary injunctions, permanent injunctions, declaratory judgments, <br /> and reasonable attorney fees awarded to the prevailing party.. For purposes of this section, <br /> responsible person means the owner of the property upon which the tree felling occurred, <br /> i s occurr or is about to occur. <br /> Section 2. Sections 6.300, 6.305, 6.310, 6.320, 6.325, and 6.330 of the Eugene <br /> Code, 1971, are hereby renumbered 7.660, 7.665, 7.670, 7.675, 7.685, and 7.690 <br /> respectively, and a new Section 7.680 is added thereto, to provide: <br /> [6399]7.660 Street Tree: Preservation Definitions. As used in sections [6305 to <br /> 6.330] 7.660 to 7.690 of this code, the following definitions apply: <br /> Fell. To remove or sever a tree or the intentional use of any <br /> Ordinance - 2 01/30/98 <br />