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7/9/2014 1:41:58 PM
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Glenn this morning about options. Our advice: <br /> 1. As long as the Code requires a permit to fell trees, you <br /> have to process the applications for permits. We don't see <br /> any way around the clear language of the Code, and until the <br /> Code is amended, its "the law" that governs us all. That's <br /> true as a general matter, and its particularly true for the <br /> parts of section 6.300 that require us to give nearby <br /> landowners notice and opportunity to comment. <br /> 2. The Code can be amended fairly quickly, and the budget <br /> situation probably justifies an emergency clause to make the <br /> ordinance effective imediately. <br /> 3. We should discuss in more depth how you want to amend the <br /> Code. To the extent that you still want to prohibit certain <br /> tree felling on private property but lack staff resources to <br /> enforce a prohibition, we can authorize citizen suits to <br /> enforce the Code provisions. And if that creates a concern <br /> about bad faith lawsuits (i.e. efforts to stop tree felling <br /> that the Code doesn't prohibit), we can add an attorney fee <br /> provision for prevailing parties that would deter groundless <br /> suits. In other words, let's figure out what result you want <br /> and then see if we can rewrite the Code to get there. <br /> 4. As we discussed yesterday, we can amend the Code to provide <br /> that a property owner can cut no more than 5 trees per year <br /> without a permit, unless authorized to cut more by a <br /> development plan approved by PDD. That shouldbe relatively <br /> easy, but let's talk first about whether that accomplishes <br /> everything that is important to accomplish. <br /> As of this afternoon, I'll be out of the office until August <br /> 11. If you'd like to arrange a meeting for August 12 or <br /> thereafter, please call my secretary, Lynette , and ask her to <br /> check my calendar for suitable times. <br /> Thanks much. <br /> Page 2 <br />
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