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Admin Order 58-00-01-F (2)
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Admin Order 58-00-01-F (2)
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Last modified
6/5/2009 8:51:24 AM
Creation date
6/1/2009 12:08:57 PM
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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
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No
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3. Stop Work Order. Upon finding an activity is occurring that violates EC 6.300 - <br />6.330, this. rule, or a condition of a permit, the enforcement officer may issue a stop work order to <br />the responsible person. The stop work order need not require the cessation of all operations on the <br />premises, only those activities causing or contributing to the violation. In addition to any other <br />penalties that may be imposed, failure to comply with the enforcement officer's order issued under <br />this subsection constitutes a violation of this rule and the provisions of Chapter 6 of the Eugene <br />Code, 1971 under which it is promulgated, punishable as set forth in EC Sections 6.990, 6.992, and <br />6.995. <br />4. Notice of Violation. The enforcement officer may issue a notice of violation to a <br />responsible person who fails to obtain the proper permit for felling a tree, fails to adhere to a <br />condition of a permit, fails to comply with a Notice to Correct, fails to comply with a stop work <br />order, or violates EC sections 6.300 - 6.330 or this rule. <br />5. Administrative Civil Penalty. Following the procedures set forth in paragraphs I <br />and J of this rule, the enforcement officer may issue a notice of violation and impose an <br />administrative civil penalty upon a responsible person for violation of the provisions of EC sections <br />6.300 - 6.330, this rule, or a condition of a permit. Failure to pay the administrative civil penalty <br />within ten days after it becomes fmal constitutes a violation of this rule and the Eugene Code, 1971. <br />In addition to any other enforcement mechanisms authorized by the Eugene Code, 1971, this rule, <br />or federal or state law, the enforcement officer may withhold issuance of requested licenses or <br />permits, issue a notice to correct, stop work order, or revoke or suspend any issued licenses or <br />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 />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. 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, andJor other associated rules or orders. The fee shall be <br />AdmlmstratlVe Order - 10 r:\adminord\rule\OOtreeremlao.wpd(O1/28/00) <br />
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