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• Creates a tree felling permit program to review applications to remove trees under (a) or <br /> (b) above which: <br /> a. Requires the applicant to obtain private certification by a Certified Arborist or <br /> Licensed Landscape Architect that the felling is the minimum necessary to <br /> allow implementation of an approved development plan or to alleviate a danger <br /> to life or property. <br /> b. City staff will accept the application, review for appropriate professional <br /> certification and issue the permit based on the private certification of <br /> conformance with code regulations. No staff site inspections, complaint <br /> investigation, nor enforcement activities will be provided. <br /> c. The permittee will be required to post all trees to be removed with a notice <br /> informing interested parties that a permit has been issued. The notice shall <br /> include the name and telephone of the permittee. <br /> • Creates a private cause of action for injunctive relief to allow any Eugene resident to take <br /> citizen enforcement through court action if tree felling regulated by this code occurs or is <br /> threatened to occur without a permit or in excess of what the permit allows. For purposes <br /> of this section, injunctive relief includes temporary restraining orders, preliminary <br /> injunctions, permanent injunctions, declaratory judgments, and reasonable attorney fees <br /> awarded to the prevailing party. <br /> • Retains current street tree removal permit administration and enforcement provisions by <br /> City staff. To promote clarity and ease of code research by citizens, combines these <br /> provisions with other provisions relating to street trees in Eugene Code Chapter 7. <br /> C. Alternatives /Options <br /> 1. Leave ordinance in place as is but discontinue administration. This option would <br /> likely result in the City becoming involved in legal actions in a tree removal dispute <br /> through failing to issue code required permits or in cases of larger removals for <br /> failing to provide the code required public notice and the opportunity to comment <br /> and appeal. <br /> 2. Delete the existing ordinance. This option would reopen the possibility of <br /> speculative tree felling and clear cutting on large parcels of land prior to the <br /> development process. <br /> 3. Leave ordinance in places as is but direct the Budget Committee to evaluate <br /> reinstating the funding for the Tree Removal Permit program during the FY -99 <br /> budget process. <br /> D. Recommendation <br /> Staff recommends the Council adopts the proposed changes. <br />