New Search
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. fora .permit within five. working days of .the Notice of Violation or other written notice <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 establishedpermit fee at the time the permits are applied for. <br />7. Replacement 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 Remedies not Exclusive. :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 />AdminlStratlVe order - 10 r:\adminord\rule\OOtreerem2ao.wpd(03/14/00).' <br />