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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 A .I RI .IT . <br />The felling of trees without a permit is prohibited by Sections 6.3:00 -:.6.330 of the Eugene <br />Code, ..1971 (EC). In addition, requirements and conditions may be imposed on tree removal <br />permits. This rule provides the process and procedures for processing applications, .establishes <br />criteria for approval, and establishes an enforcement program designed to discourage violations of <br />a tree removal permit, EC sections 6.300 to 6.330 or this. rule, and establishes a matrix for <br />assessment of an administrative civil penalty for such violations. <br />R-6.305-C PERMIT RF,n TIC. RF,D. <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 />3. Notwithstanding subsections l and 2 of this section and Section 6.330(b) of the <br />Eugene Code; 1971, no person shall remove a street tree without first obtaining a permit from the <br />City Manager specifically authorizing the removal of a street tree., Permit approval may be <br />conditioned upon .replacement of the street tree with another tree pre-approved by the City, or a <br />requirement to pay to the City an amount sufficient to fund the planting and establishment by the <br />City of a tree of similar value. The value of the existing street tree to be removed shall be calculated <br />using the plant appraisal method established by,the Council of Tree and Landscape Appraisers. <br />4. Notwithstanding subsections 1 and 2 of this section. and Section 6.330(b) of the <br />Eugene Code, 1971, no person shall fell a heritage tree from within the public right-of--way except <br />-where authorization for its removal has been granted by the City because its removal is necessary <br />Administrative Order - 4 r:\adminord\rule\OOtreerem2ao.wpd(03/14/00) ; <br />