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(b) Is in charge of the property on which the tree is located or the property <br />'; that abuts a public way where the tree is located; or <br />(c) Is the person who causes the violation to come into or continue in <br />existence. <br />Street tree. A living, standing woody plant typically having a single trunk at least <br />1-1 /2 inches in diameter at a point six inches above mean ground level at the base of the <br />trunk, that is located within the street right-of--way. <br />Tree. A living, standing, woody plant having a trunk or trunks with a minimum <br />cumulative circumference of 25 inches at a point 4-1 /2 feet above mean ground level at the <br />base of the trunk or with a minimum cumulative diameter breast height (dbh) of 8 inches. <br />Unavoidable accident. For purposes of the civil penalty matrix of this rule, a <br />situation whereby the person responsible for the tree could not have taken any action that <br />would have prevented the violation. <br />Violation. Felling a tree without obtaining a permit either prior to, or retroactive to <br />the felling; failure to adhere to the requirements of a permit; or failure to make a correction <br />within the time required in a written notice to correct. Each tree illegally felled, each <br />condition of a permit that is not adhered to, and each violation not corrected within the time <br />required in the written notice constitutes a separate violation. <br />R-6.305-B APPLICABILITY. <br />The felling of trees without a permit is prohibited by Sections 6.300 - 6.330 of the Eugene <br />Code, 1971(EC). In addition, requirements and conditions may be imposed on tree removal permits. <br />This rule provides the process and procedures for processing applications, establishes criteria for <br />approval, and establishes an enforcement program designed to discourage violations of a tree <br />removal permit, EC sections 6.300 to 6.330 or this rule, and establishes a matrix for assessment of <br />an administrative civil penalty for such violations. <br />R-6.305-C PERMIT REQUIRED. <br />1. Unless exempt pursuant to R-6.305-K, no person may fell more than five trees within <br />a period of 12 consecutive months from a parcel of private property consisting of 20,000 or more <br />square feet of area without first obtaining a permit. <br />2. Unless exempt pursuant to R-6.305-K, no person may fell one or more trees from a <br />parcel of private property consisting of less than 20,000 square feet of area without first obtaining <br />a permit. <br />Administrative Order - 4 r:\adminord\rule\OOtreeremlao.wpd(Oi/28/00) <br />