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1 <br /> CITY OF EUGENE <br /> INTER - DEPARTMENTAL MEMORANDUM <br /> CITY ATTORNEY - CIVIL DEPARTMENT <br /> To: Mike McKerrow Date: November 5, 2002 <br /> PDD/BPS <br /> Subject: Extending Expired Tree Cutting Permits (TRE -0114 and TRE-0123) <br /> CONFIDENTIAL ATTORNEY /CLIENT COMMUNICATION — NOT <br /> SUBJECT TO RELEASE UNDER THE PUBLIC RECORDS ACT <br /> You have asked whether the City can extend expired tree cutting permits. For the reasons <br /> set forth below, we recommend that the City not extend expired permits. <br /> Summary of Facts: <br /> The City issued Tree Removal Permit THE -0114 on August 22, 2001, with an effective date <br /> of September 5, 2001. On September 12, 2001, the City issued Tree Removal Permit TRE-0123, <br /> with an effective date of September 27, 2001. Both permits stated (in bold): "This Tree Removal <br /> Permit shall expire 1 year after the date of permit issuance (Admin Rule R- 6.30F(3))." <br /> Administrative Rule R- 6.305 -F(3) and (4) states: <br /> 3. A permit shall expire at midnight on the one year anniversary of the effective <br /> date of the permit. <br /> 4. At the written request of the applicant, the City Manager may grant time <br /> extensions to complete the work under a permit. <br /> (a) A time extension shall not exceed 12 months. <br /> (b) No more than 2 (two) time extensions shall be granted. <br /> (c) No additional trees may be removed under a time extension. <br /> To date, the City has not received a written request to extend the time in which to complete <br /> the work under either permit. Accordingly, on September 5, 2002, THE -0114 expired, and on <br /> September 27, 2002, TRE-0123 expired. You now ask whether the City has the authority to grant <br /> an extension, should it receive written request to do so. <br />