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• <br /> (5) Any: person ing a comply "' ardin a violation ,of this section <br /> mayfile a cornplaint..i g with the anager. <br /> (6) Within ten days of ; receiptFof a complaint to ' city manager or designee <br /> shall indicate, in.writing,,whether the city intends to sue enforcementaction.= The <br /> failure to respond in ten days shall beAe -d, for purposes Otsubsect'• ).hereof, a <br /> determination' not.to5pur$Ue enfor = ent action if the city'ma der ordes gnee timely <br /> issues a written determinatio r. at the city intends to pu -genforcemehtactiorr the city <br /> manager or designee . ay issue a subsequent;® ermination indicating thatthe city no <br /> longer intends t• rsue enforcement acti• Such a deters inationrshall °have the same <br /> effect as a . nitial determination no • pursueenforcement action. <br /> (7) If the city manager or designee det+ mninea under subsectionle) above <br /> not to pursue enforcement action, any`per .: aggrieved byn alleged violation o s <br /> section shall have a cause of ac • - against a responsible =person; ,' : - ny court of <br /> competent jurisdiction, for equitable remedies as may ppropriate, including <br /> reasonable attorney - s- to be awarded to, the preva' • party; For purposes of..this <br /> section,respon ° a e person means the owner :• ' e property upon which the tree felling <br /> occurred, is occurring, or is about to occur. <br /> (8) A person may be aggrieved by an alleged violation ofthis section only <br /> if the person resides within 200 feet of the parcel on which trees "havebeen are <br /> being felled; or are about to be felled; or the parcel is visible from the person'ssesidence <br /> Section 2. Section 7.280 of the Eugene Code, 1971, is amended to provide: <br /> Ordinance - 3 08/22/97 <br />