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Admin Order 58-00-01-F
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Admin Order 58-00-01-F
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Last modified
8/25/2008 3:32:28 PM
Creation date
8/14/2008 11:06:14 AM
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Template:
PW_Exec
PW_Division_Exec
Administration
PWA_Project_Area
Admin Orders
PW_Subject
Tree Preservation
Document_Date
3/30/2000
External_View
No
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permits if the responsible person fails or refuses to pay an administrative civil penalty imposed _ <br /> pursuant to this rule within the ten day period. If the violation resulting in the imposition of the , <br /> administrative civil penalty occurred on real property and the penalty remains unpaid for a period <br /> of 30 days or more after becoming final, the full amount of the unpaid penalty and/or fine shall be <br /> assessed against the real property upon which the violation occurred and entered as a lien in the <br /> docket of City liens. Notice of the assessment and docketing shall be given to the responsible person <br /> at the time the assessment is made. Interest at the rate prescribed by Section 2.022 of the Eugene <br /> Code, 1971 shall commence on the date the lien is entered on the lien docket, and the lien shall be <br /> enforced in the same manner as liens for street improvements. <br /> 6. Enhanced Permit Fee. If a tree is felled without a permit, the responsible party may <br /> apply for a permit within five working days of the Notice of Violation or other written notice <br /> <br /> pursuant to R-6.305-C.5. The fee for the first tree felling permit obtained subsequent to the tree <br /> felling shall be twice the amount of the established permit fee in effect at the time the permit is <br /> applied for. The fee for any future permits applied for subsequent to the tree felling by the same <br /> responsible person at the same, or any other location within the city, shall be ten times the amount <br /> of the established permit fee at the time the permits are applied for. <br /> 7. Rte.placement Fee. If a street tree or other public tree is illegally felled, a replacement <br /> fee shall be assessed in addition to all other fines, penalties, or other enforcement mechanisms set <br /> forth in this rule, associated codes, and/or other associated rules or orders. The fee shall be <br /> calculated using the plant appraisal method established by the Council of Tree & Landscape <br /> Appraisers <br /> 8. Service of Notices/Orders. All notices/orders shall be served by personal service <br /> or sent by certified mail and first class mail. Any notice/order served by mail shall be deemed <br /> received for purposes of any time computations hereunder, three days after the date mailed, if to an <br /> address within this state, and seven days after the date mailed, if to an address outside this state. <br /> 9 BPmediec not .xclu ive. The enforcement mechanisms set forth herein are not <br /> exclusive, and are in addition to any other remedies available under provisions of the Eugene Code, <br /> 1971 and federal and state law. <br /> R-6.305-I Determination of Amount of Civil Penalty. <br /> Notwithstanding the provisions of Administrative Rule R-2.018, the amount of the <br /> administrative civil penalty to be assessed under Section H of this rule shall be determined in <br /> accordance with the following formula(s), which take into consideration the factors required in <br /> Section 2.018 of the Eugene Code, 1971: <br /> 1. Illegal Felling of a Tree. Each tree felled constitutes a separate violation. <br /> Penalty calculation <br /> Administrative Order - 10 r:\adminord\rule\OOtreerem2ao.wpd(03/14/00) <br /> <br />
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