New Search
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 />((A+C+G) =100), x M x Z where: <br />A =Number of past Tree Preservation violations times 10 <br />C =Cause where, unavoidable accident = 0, negligence =20, intentional =25 <br />G =Gravity point total (not to exceed 80 points) <br />M =maximum penalty allowed <br />Z = "0" If cause is an unavoidable accident, "1" if cause is negligence or intentional <br />Gravity Point Points <br />Tree would likely have been classified as a heritage tree, had 50 <br />significant historic value, was rare, or was an unusual specimen <br />Damage to tree creates health and safety risks to persons or 25 <br />property that must be mitigated, which may include total removal <br />of damaged tree, or removal of tree creates health and safety risks <br />to persons or property which must be mitigated by other means <br />Was a street tree 20 <br />Administrative Order - 11 r:\adminord\rule\OOtreeremlao.wpd(Ol/28/00) <br />