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Agenda Item - 2024-12-03 - Number 07.1 - Ordinance 2954, Non CDC Code Amendments 7.1 o�� os� COUNCIL REPORT V —w 0 GREGO� Subject: Ordinance 2954, Annual Updates for Non-CDC Code Provisions Meeting Date: December 3, 2024 Staff Member: Evan Boone, Deputy City Attorney, and representatives of Community Development, Report Date: November 6, 2024 Engineering, and Police Departments Department: Community Development, Engineering, and Police Action Required ' Advisory Board/Commission Recommendation ❑ Motion ❑ Approval ❑ Public Hearing ❑ Denial ❑X Ordinance ❑ None Forwarded ❑ Resolution ❑X Not Applicable ❑ Information Only Comments: ❑ Council Direction ❑ Consent Agenda Staff Recommendation: Enact Ordinance 2954 Recommended Language for Motion: Move to enact Ordinance 2954. Project/ Issue Relates To: Issue before Council (Highlight Policy Question): ❑Council Goals/Priorities ❑Adopted Master Plan(s) ❑X Not Applicable ISSUE BEFORE COUNCIL These annual code amendments update current code for other than Chapter 50 Community Development Code. Respect cv el'erce. Trust. Se-iv 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY Page 2 EXECUTIVE SUMMARY This is an annual update of the Lake Oswego Code chapters other than LOC Ch. 50 Community Development Code (CDC)1to clarify and revise various code sections. These amendments are proposed by various departments in on-going effort to update the code and make regulations more usable for residents and City staff. DISCUSSION The proposed revisions and *new provisions affect the following provisions of the Code: General Code authority is added in the following sections to either expressly declare violations to be enforced as a civil violation (citation into municipal court) and/or to impose an *enforcement fee, similar to tree removal enforcement fee authority. LOC 20.02.110 Business License Violation LOC 31.02.135 Animals and Fowl LOC 34.08.425 Nuisances LOC 45.25.005 Building Code LOC 47.03.025 Sign Code Business License LOC 20.02.095 *Appeal of conditions imposed or of revocation would be changed from city council to a hearings officer, e.g., the attorneys under contract as expedited or middle housing land divisions referees. Parking Fines LOC 32.06.090 Raises listed and unlisted parking fines from $20/$15 to $60/$40. Nuisance LOC 34.10.520 *Removes obligation to keep blackberry vines and the like, e.g., ivy, 10 feet back from a property line. Streets/Sidewalks LOC 42.03.130 Moves driveway approach landing requirement from LOC 50.06.003 (Driveway Standard) to LOC 42.03 (Street Design Standards); *removes single-family dwelling and middle housing dwelling exemption. Sign Code LOC 47.03.015 Removes reference to masculine gender. 1 Updates to the CDC are brought to the Council separately by the Planning Department through the land use legislative public hearing process. Respect. Excellence. Trust. Service 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY Page 3 Tree Code LOC 55.02.020 Definition of"applicant" added LOC 55.02.042 (1) Change from "a person" to "an applicant"; (2) *allows ash tree removals akin to a "dead tree" for removal due to risk of infestation of emerald ash borer (Subsection 3) LOC 55.02.072 Uses "an applicant" rather than "owner of a large forested tract or the owner's authorized agent." LOC 55.02.084 (1) *Ash tree removal due to emerald ash borer must be mitigated akin to an invasive species; (2) Mitigation replanting off-site amendment clarifies that the off-site planting option is subject to the owner's approval, including when the applicant owns other properties. LOC 55.02.094 *Adds condition of approval to permit delay of removal of ash tree during period when ash borer is active, and allows condition on method of disposal of ash tree to prevent spreading ash borer during dispose of removed tree. LOC 55.02.130 Clarifies (1) obligation for compliance with condition of approval extends to subsequent owner; and (2) successor owner liable for enforcement fee due to tree removal without permit and for restoration. Appendix 55.01-2 *Oregon ash removed from list of species accepted for mitigation. Attachment 1 contains the proposed code text and staff commentary explaining the reason for the proposed code amendment. Below is a list of the respective staff contacts for Councilor inquiries: • Evan Boone, City Attorney's Office, (503) 635-0225, eboone@lakeoswego.city • Jessica Numanoglu, Community Development Department, (503) 635-0283, inumanoglu@lakeoswego.city o General (Civil Violation / Enforcement Fee) o Business License o Nuisance o Sign Code o Tree Code • Erica Rooney, Engineering and Public Works, (503) 635-0264, erooney@lakeoswego.ciy o Streets/Sidewalks • Clayton Simon, Police Department, (503) 636-0246, csimon@lakeoswego.city o Parking Fines (The City Attorney's Office's role has been to compile the Code maintenance revisions from other affected departments and to assist in preparing the commentary; the department representatives can respond to any detailed questions.) Respect. Excellence. Trust. Service 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY Page 4 ALTERNATIVES The Council may adopt all, part, or none of the proposed revisions. RECOMMENDATION Enact Ordinance 2954 clarifying, revising and updating the Lake Oswego Code. ATTACHMENTS 1. Code Amendments with Commentary 2. Ordinance 2954, with Exhibit A Code amendments (no commentary) Respect. Fv. „i'en e Trust. -! 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY ATTACHMENT 1 2024 Annual Non-CDC Code Amendments Table of Contents Chapter 20 Licenses; Article 20.02 General 2 20.02.095 Appeal (Business License). 2 20.02.110 Violation. 2 Chapter 31 Animals and Fowl; Art. 31.02 In General 3 § 31.02.135 Violation. 3 Chapter 32 Lake Oswego Uniform Traffic Code;Art. 32.06 Parking Regulations 3 32.06.090 Fines for Parking Violations 3 Chapter 34 Crimes and Civil Violations; 4 Article 34.08 Nuisances 4 34.08.425 Remedies Not Exclusive; Violation 4 Article 34.10 Types of Nuisances 4 34.10.520 Periodic Brush Cutting Required; Exceptions 5 Chapter 42 Streets, Sidewalks, Public Rights-of-Way and Public Easements; Article 42.03 Street Design Standards 6 42.03.130 Access Spacing and Sight Distance for Roadway Intersections, Driveway Approaches, and Accesses. 6 Chapter 45 Building Code;Article 45.25 Building Code Violations 8 45.25.005 Violation. 8 LOC Chapter 47 Sign Code/Article 47.03 In General 10 47.03.015 Definitions 10 47.03.025 Violation. 10 LOC Chapter 55 Tree Code/Article 55.02 Tree Removal 11 55.02.020 Definitions. 11 55.02.042 Permit Classifications and Review Procedures 12 55.02.072 Forest Management Permit 13 55.02.084 Mitigation Required. 13 55.02.094 Conditions of Approval for Tree Cutting Permits. 15 55.02.130 Violation 16 Appendix 55.02-1 Native Mitigation Tree List 18 75-100 FT(23-30 M) HIGH 18 DECIDUOUS AND *BROAD-LEAVED EVERGREEN 18 Page 1—2024 Non-CDC Code Amendments (Ord. 2954) Chapter 20 Licenses; Article 20.02 General 20.02.095 Appeal (Business License). An applicant whose application for a license has been conditioned or denied, or a licensee whose request for license renewal has been conditioned or denied, or whose license has been suspended, or is to be revoked may within 10 calendar days after the notice of denial, suspension, revocation or approval with conditions is mailed or delivered, whichever is earlier, appeal in writing to a hearings officer appointed by the City Council. The appeal shall be filed with the City Recorder and shall state and include: a. The name and address of the appellant and business owner; b. The nature of the determination from which an appeal is taken and a copy of the determination; c. The reason or reasons why the determination is alleged to be incorrect; d. What the correct determination should be; and e. Any established fee for appeal. The decision or the nearings orricer shall be the final decision of the City. Staff Comment: Business licenses more and more regulate uses that are not subject to a building permit, i.e. Short-Term Rental, other Home Occupations, etc. The current process per LOC 20.02.085 / 20.02.090 for suspension or revocation of a business license is that the City Manager initiates the revocation process, with an opportunity for the licensee to explain to the City Manager why the business license should not be revoked. Per LOC 20.02.095, an appeal of the City Manager's decision to suspend or revoke is to the City Council; also, an applicant that wishes to challenge a condition of approval of issuance may appeal the City Manager's condition to the Council. Staff forecasts the potential for more frequent appeals of a business license conditions. A hearings officer would make the decision, similar to appeals of expedited land divisions. The Council has previously appointed two expedited and middle housing land division (ELD) referees that hear appeals of those land division staff decisions per ORS 197.360 et seq., rather than the DRC or Council. An accompanying resolution to this ordinance would also appoint ELD referees to hear appeals under this code section. 20.02.110 Violation. (1) Civil Violation. A violation of LOC 20.02.025 or LOC 20.02.100. in addition to any other remedy, is a civil infraction and shall be enforced pursuant to LOC §§ 34.04.100 to 34.04.145. (2). Enforcement Fee. A person who violates a provision of this Article shall pay an enforcement fee to the City in an amount as established by resolution of the City Council. Staff Comment: A violation of any ordinance is declared to be a civil violation by LOC 13.02.020, and subject to a maximum fine of$1000. This amendment (1) adds an express civil violation provision so that persons know that if they are doing business Page 2—2024 Non-CDC Code Amendments (Ord. 2954) without a business license, fail to post the license, or operate in violation of a condition of the business license, the penalty is a civil violation. (2) Includes in code the imposition of an enforcement fee, in addition to the fine, similar to the Tree Code enforcement fee per LOC 55.02.130(3). An enforcement fee was included in the 2022 Master Fee Schedule resolution. Chapter 31 Animals and Fowl; Art. 31.02 In General § 31.02.135 Prosecution of Violations. 1. Civil Violation. Offenses committed in violation of provisions of this chapter constitute civil violations. Except where otherwise provided, anyone convicted of a violation of any provision of this chapter shall be subject to a fine not to exceed One Thousand Dollars ($1,000). 2. Enforcement Fee. A person who violates a provision of this Article shall pay an enforcement fee to the City in an amount as established by resolution of the City Council. Staff Comment: (1) Retitles this section to just "Violation", consistent with titles of similar sections in other chapters. (2) Includes in code the imposition of an enforcement fee, in addition to the fine, similar to the Tree Code enforcement fee per LOC 55.02.130(3). This is a new enforcement fee. Chapter 32 Lake Oswego Uniform Traffic Code; Art. 32.06 Parking Regulations 32.06.090 Fines for Parking Violations. 1. Parking with the front of the vehicle facing the opposite direction from that of the traffic flow in violation of LOC § 32.06.075, parking in violation of LOC § 32.06.080 (1), or violating any provision of this article by parking at a location where parking is prohibited at any time, shall be punishable by a fine of$2960.00. 2. Violation of any provision of this article not listed in subsection (1) of this section shall be punishable by a fine of$ 40.00. Staff Comment: This code section was enacted in 2004 (Ord. 2382). The current value of$1 in 2004 is approximately $1.67 in 2024. (https://www.officialdata.org). The amount above inflation would be an increased disincentive to illegally park. The resulting fine schedule for different types of parking violations would be: Parking Violations LOC Fine Yellow/Red Curb 32.06.073 $40 Posted Fire Lane under LOC 15.06.610 32.06.073 $60 Loading Zone 32.06.074 $40 Over 12" From Curb 32.06.075 $60 No Parking Posted 32.06.075 $60 Within 10 feet of fire hydrant 32.06.075 $60 Parking Against Flow of Traffic 32.06.075 $60 Page 3—2024 Non-CDC Code Amendments (Ord. 2954) Blocking Thoroughfare 32.06.075 $60 Angle Parking Not Designated/Parallel Parking Only 32.06.075 $60 Reserved - No Permit 32.06.075A $40 Parking During EV Charging Only 32.06.075A $40 Parking Near a United States Postal Receptacle 32.06.075E $60 Storing Vehicle On Highway 32.06.076 $40 Left Motor Running/Keys in Ignition 32.06.079 $40 Blocking Driveway, Bike Lane, Pathway or Sidewalk 32.06.080 $60 Over Time Limit 32.10.410 $40 Chapter 34 Crimes and Civil Violations; Article 34.08 Nuisances 34.08.425 Remedies Not Exclusive; Violation. The nuisance abatement procedure provided in LOC §§ 34.08.405 through 34.08.421 is not an exclusive remedy; any other remedy provided by this chapter or State law is available unless otherwise provided. The City Manager or the appropriate official may in addition to nuisance abatement or any other proceedings initiate civil violation proceedings against the owner of property on which the condition exists or against any other person determined to be responsible for such condition. Any penalty or fine imposed for the civil violation shall be in addition to reimbursement for any abatement costs as determined under LOC§ 34.08.421. 2. Enforcement Fee. A person who violates a provision of this Article or Article 34.10 shall pay an enforcement fee to the City in an amount as established by resolution of the City Council. Staff Comment: (1) Adds "Violation" to the title of this section, consistent with titles of similar sections in other chapters that expressly declare a violation is a civil violation. (2) Includes in code the imposition of an enforcement fee, in addition to the fine, similar to the Tree Code enforcement fee per LOC 55.02.130(3). An enforcement fee was included in the 2022 Master Fee Schedule resolution. Includes reference to LOC Art. 34.10 Types of Nuisance. Art. 34.10 lists specific types of nuisances that are enforced through LOC 34.08.400 Public Nuisance Defined, but the reference to LOC Art. 34.10 is added to avoid a challenge that nuisances listed under LOC Art. 34.10 are not subject to the enforcement fee, even though enforced through LOC 34.08.400. Article 34.10 Types of Nuisances Page 4—2024 Non-CDC Code Amendments (Ord. 2954) 34.10.520 Periodic Brush Cutting Required; Exceptions 1. Property owners, lessees, occupants, or persons in possession or control of property shall: a-flremove from their property: +a. Thistles and noxious weeds, ++b. Vegetation of an inflammable condition or nature, +i+c. Dead trees that are a hazard to use of public property or public right-of-way, and +wd. All grass or weeds more than 10 inches in height. b. Trim away from any property line to a distance of 10 feet all blackberry vines or plant material which characteristically spreads under or around barriers intended to prevent intrusion. 2. A violation of this section is a civil violation and a public nuisance. Staff Comment: Per discussion with Council on June 24, this amendment is presented because it is impractical to enforce due to the ability of spreading vegetation, such as English ivy and blackberries, to rapidly regrow after being cut back. Enforcement of this code has long been given a low priority due to the widespread nature of the problem and that it would take significant staff resources to enforce, which limits resources to enforce other code violations. Page 5—2024 Non-CDC Code Amendments (Ord. 2954) Chapter 42 Streets, Sidewalks, Public Rights-of-Way and Public Easements; Article 42.03 Street Design Standards 42.03.130 Access Spacing and Sight Distance for Roadway Intersections, Driveway Approaches, and Accesses. 1. Purpose. The City Council finds that to protect the health, safety, property, and welfare of the traveling public and to provide the neat, clean, orderly and attractive appearance of the community, it is necessary to regulate the design, construction, location, and maintenance of all roadway intersections, driveway approaches, and accesses that impact the public rights-of-way open to public travel by all modes. *** 4 Standards. a. All new or modified roadway intersections, driveway approaches, and accesses shall follow access spacing as shown in Table 42.03.130-1, Access Spacing. *** b. Sight distance requirements shall apply at all roadway intersections, driveway approaches, and accesses with the following: i. Intersection sight distance (ISD) per AASHTO shall be provided at all intersections. If ISD cannot feasibly be achieved, lesser sight distance may be acceptable upon review and approval of the City Engineer, as long as Subsection (4)(a)(ii) of this section is achieved. ii. Stopping sight distance (SSD), based on the design speed or 85th percentile speed of the roadway, shall be provided along all public roadways. iii. New construction of an intersection (roadway(s), driveway approaches, and accesses) or a modification to an existing intersection must comply street opening permit requirements. iv. A written report submitted by a licensed engineer for sight distance certification shall accompany the application. v. Driveways that serve one residence along alleys shall maintain at least 80 feet of visibility when viewing down the alley from 10 feet behind the nearest edge of the traveled way at a height of 42 inches above the surface. This area shall remain clear of any items prohibited by Subsection 4(c) below. Page 6—2024 Non-CDC Code Amendments (Ord. 2954) c. Prohibited items in clear sight triangle. Within the clear sight triangle, it shall be unlawful to install, set out or maintain, or to allow the installation, setting out or maintenance of, any sign, fence, hedge, shrubbery, natural growth or other obstruction to the view, higher than 30 inches above the level of the centerline of the adjacent pavement. d. Exceptions. The requirements of Subsection (4) of this section do not apply to: e. There shall be a landing area where a driveway meets the public street.The landing area shall be a minimum of 25 ft. long and shall have a maximum grade of five percent. The length and grade of the landing area described in this subsection presupposes that the abutting street has been fully improved to its ultimate anticipated width. If a driveway is proposed on a street that is not fully improved, and a development proposal is anticipated to proceed prior to the improvement of the street, the City Engineer shall determine the location and grade of the future street improvement and the applicant shall design the driveway and site grading so that this standard will not be compromised when the street is improved in the future. Staff Comment: This "landing" requirement for driveway approaches is currently in LOC 50.06.003.2.b.iii(2). It is proposed to be moved out of the Access standard to the street/driveway design standard because it is better addressed at the street design code requirements. Its placement in LOC 42.03 would make it applicable to all driveway approach designs, whereas now it is applicable only to minor and major land use developments per LOC 50.07.003.14.d.ii(3) and .15.ii(1)((d). The current provision in LOC 50.06.003.2.b.iii(2). exempts its applicability to single-family and middle housing dwellings. However, the necessity for a landing to provide safe ingress and egress to a public street is not dependent on the use of the site or the purpose of the driver. Engineering staff contacted nearby jurisdictions to ascertain if other cities exempted certain types of uses from a landing standard (or similar) —they do not: • Oregon City (Street Design Standard: ) —Section 3.3 covers Vertical Alignment. Subsection C.1. requires a landing that is at least 20 feet in length for private driveways. No difference is made between commercial or residential. • Portland ( 'rivate Rights-of-Way)—Section III covers Design and Construction Requirements. Subsection E.2.g.(3) Section 201.2.23.o. has the requirement of grading on driveway approaches hall not exceed 5% within the PUE, which is 6 feet on local streets. No difference was made between commercial and residential driveways. Page 7—2024 Non-CDC Code Amendments (Ord. 2954) • West Linn (CDC Section 48.030 &48.040) had a grade requirement not to exceed 10 percent on average, maximum 15 percent, but no specific "landing area" defined. The grade requirement is applied to residential, multifamily, and non-residential uses. • Wilsonville (Public Works Standards) had landings defined under 201.2.12.d. as 20 feet from the edge of the intersecting street and required they have 5% grade or less, but the requirements were specific to local street intersections with higher classified streets. Section 201.2.23.o. has the requirement of grading on driveway approaches shall not exceed 5% within the PUE, which is 6 feet on local streets. No difference is made between commercial and residential driveways. • Hillsboro, Beaverton, Milwaukie, or Happy Valley: Grade or slope requirements did not seem to differ between residential and commercial driveways. Accordingly, the code amendment not only moves the standard from the LOC Ch. 50 Community Development Code to LOC Ch. 42 Streets and Sidewalks section, it also revises the standards as follows: For all uses except single family or middle housing dwellings, tThere shall be a landing area where a driveway used by multiple drivers meets the public street. The landing area shall be a minimum of 25 ft. long and shall have a maximum grade of five percent. .... Note to CAO: Remove eNote when adopted. Chapter 45 Building Code; Article 45.25 Building Code Violations 45.25.005 PcnalticsVioiatioi_. 1. Any violation of the Lake Oswego Building Code shall be a civil violation as defined in LOC § 34.04.105, enforceable pursuant to LOC Article 34.04. Each day the violation exists shall constitute a separate violation. 2. Any violation of the Lake Oswego Building Code is hereby declared to be a public nuisance, which may be abated pursuant to LOC Article 34.08. A violation of this code that threatens to cause or causes immediate serious harm to the health, safety or welfare of persons or property may be summarily abated by the Building Official pursuant to LOC § 34.08.435. 3. Upon request of the Building Official, the City Attorney may institute an appropriate action in any court to enjoin the maintenance of any use, occupation, building or structure that is in violation of the Lake Oswego Building Code. 4. The rights, remedies and penalties provided in this Chapter are cumulative, are not mutually exclusive, and are in addition to any other rights, remedies and penalties available to the City under any other provision of law. Page 8—2024 Non-CDC Code Amendments (Ord. 2954) 5. Enforcement Fee. A person who violates a provision of this this Chapter shall pay an enforcement fee to the City in an amount as established by resolution of the City Council. Staff Comment: (1) Retitles to "Violation", consistent with titles of similar sections in other chapters that expressly declare a violation is a civil violation. (2) Includes in code the imposition of an enforcement fee, in addition to the fine, similar to the Tree Code enforcement fee per LOC 55.02.130(3). An enforcement fee was included in the 2022 Master Fee Schedule resolution. Page 9—2024 Non-CDC Code Amendments (Ord. 2954) LOC Chapter 47 Sign Code / Article 47.03 In General 47.03.015 Definitions For the purpose of this chapter, certain terms and words are defined as follows: the words "used for" include "designed for" and vice-versa; words used in the present tense include the future, the singular tense include the plural and vice-versa; the word "shall" is always mandatory; the word "may" is discretionary; the masculine gender includes the feminine gender, except as otherwise provided. The definitions in LOC § 50.10.003.2 apply to this chapter to the extent that they do not conflict. The following terms shall mean: **** Staff Comment: The Code was amended in 2021 (Ord. 2890) to remove gender pronouns, so this is no longer needed. Note #1: In the general Code provision of LOC 10.02.020, "Gender: The masculine gender includes the feminine and neuter" is left in, in case there are gendered pronouns that were missed in the 2021 amendment or if amendments to the Code in the future inadvertently use gender pronouns or references. Note#2: LOC 50.10.003.1 contains a similar clause for LOC Chapter 50 definitions; as that is a land use regulation, its amendment would need to be addressed in a future Annual CDC Code Amendment. 47.03.025 PcnaItic , Nuisance Jiolation. 1. A person commits a civil violation if they; a. Fail to comply with or violate any provision of this chapter; or, b. Develop or maintain a sign contrary to the terms of a sign permit. 2. A sign which fails to comply with or violates any provision of this chapter, or is developed or maintained contrary to the terms of a sign permit is hereby declared to be unlawful and a public nuisance and may be abated by appropriate proceedings. 3 Enforcement Fee. A person who violates a provision of this Chapter shall pay an enforcement fee to the City in an amount as established by resolution of the City Council. Staff Comment: (1) Retitles to "Violation", consistent with titles of similar sections in other chapters that expressly declare a violation is a civil violation. (2) Includes in code the imposition of an enforcement fee, in addition to the fine, similar to the Tree Code enforcement fee per LOC 55.02.130(3). An enforcement fee was included in the 2022 Master Fee Schedule resolution. Page 10-2024 Non-CDC Code Amendments (Ord. 2954) LOC Chapter 55 Tree Code /Article 55.02 Tree Removal 55.02.020 Definitions. APPLICANT Means the owner, contract purchaser, easement holder, licensee or similar interest, or for public street and right-of-way the road authority per ORS 810.010 or governmental entity with jurisdiction, either directly or through a representative, applying for a tree removal permit for a tree on the person's real property. Staff Comment: Staff Comment: (1) A new definition of"applicant" is added and used for consistency in description of who an applicant can be, in that the applicant must have a relationship to the property upon which the tree is located. (2) "On the person's real property" requires the person to show some relationship to the land upon which the person has an interest. (3) "Real property" is used as a broader term than "land" as it would include lesser real property interests than ownership, e.g., easement or leasehold. (4) Adding "directly or through a representative" makes it clear that even when the agent applies, such as by a tree removal company, that is done as agent for the owner and thus the owner is ultimately responsible for conformance with the permit requirements. By comparison to LOC 50.10.003.2: APPLICANT: The owner of land, a representative designated in writing by the owner, a contract purchaser, City representative or other person requesting some action under the terms of this Code. TREE Means any woody plant having a trunk six in. or larger in diameter at breast height (DBH), except that for purposes of restocking, "tree" means a woody perennial plant, often but not always with one dominant trunk, with the capacity to achieve a mature height greater than 16 ft. If a tree splits into multiple trunks above ground, but below 4.5 ft., it is considered one tree. If the tree splits into multiple trunks below ground, each trunk shall be considered one tree. For the purposes of this chapter, stumps, shrubs, and hedges that otherwise meet the above description (common examples include rhododendrons, camellia, English laurel, Portuguese laurel, photinia, arborvitae, and hazelnuts) shall not be considered a "tree." Page 11—2024 Non-CDC Code Amendments (Ord. 2954) TREE CUTTING PERMIT Means written authorization from the City for a tree removal to proceed as described in an application, such authorization having been given in accordance with this chapter. UTILITIES Means water, sewer, gas, electric, and telecommunications services, including all infrastructure required for an exchange. 55.02.042 Permit Classifications and Review Procedures An person who applicant that desires to remove a tree shall first apply for and receive one of the following tree cutting permits before tree removal occurs: Staff Comment: A new definition of"applicant" is added to LOC 55.02.020 Definitions and used for consistency in description of who an applicant can be, in that the applicant must have a relationship to the property upon which the tree is located. // 3. Dead Tree Removal Permit: a. The City shall issue a tree cutting permit for a dead tree, except as provided by subsection 3.b of this section, if the applicant demonstrates that a tree is dead or is in progressive and irreversible decline and warrants removal, or for ash (Fraxinus spp.), white fringetree (Chionanthus virginicus) and cultivated olive (Olea europaea)tree species known to be infested with emerald ash borer (Agrilus planipennis).The City may require the applicant to submit a report from an arborist substantiating that the tree is dead or in progressive and irreversible decline or infested with emerald ash borer. b. In order to provide for wildlife habitat and natural processes, the City Manager may require the retention of a dead tree. Dead trees shall not be removed if located in wetlands, RC protection areas (LOC§ 50.05.010.5.b), HBA protection areas, stream corridors, parks or open space areas required to be preserved as a condition of development approval unless the tree presents a potential hazard to persons or property or is known to be infested with emerald ash borer. Staff Comment: Emerald Ash Borer(EAB) is an invasive beetle that kills ash and white fringe trees. It was recently confirmed in Yamhill, Marion, and Clackamas counties and the Oregon Department of Agriculture (ODA) has placed a quarantine in these counties to help slow its spread.The quarantine applies in Lake Oswego and requires that tree materials of all ash species, olive, and white fringe trees remain within the quarantined counties and all wood waste must be processed and disposed of according to quarantine guidelines. Additionally, removal of these trees should be avoided between April 1 and September 30. Page 12—2024 Non-CDC Code Amendments (Ord. 2954) The proposed amendments would allow the removal of ash trees known to be infected with EAB under a dead/dying tree permit in order to allow for expedient removal to help slow the spread of EAB.The amendments also remove Oregon ash from the native mitigation tree list and provides for conditions of approval to be imposed to assure the proper disposal of ash wood and to avoid removal during the EAB active period. 55.02.072 Forest Management Permit. 1. 2. Applicability. An owner of a large forested tract or the owner's authorized agentapplicant may apply for removal of one or more trees from the subject tract provided the tract is not subject to a pending application for minor or major development, and the subject trees are not: (a) — (e) .... 3. Minor Forest Management Permit. An owner of a large forested tract or the owner's authorized agcntapplicar may apply for a minor forest management permit to remove trees under the following criteria: (a) — (d) ... Minor forest management permits shall be issued without further review upon application and demonstration by the applicant that the request qualifies as a minor forest management permit pursuant to this subsection. Staff Comment: A new definition of "applicant" is added and used for consistency in description of who an applicant can be, in that the applicant must have a relationship to the property upon which the tree is located. 55.02.084 Mitigation Required. 1. An applicant shall provide mitigation for any tree permitted for removal, with the exception of the following: a. Dead trees; b. Hazard trees; c. Emergency trees; d. Trees that are removed under a Type I permit; e. Invasive tree species, except as provided in subsection (2) of this section; f. Tree removal under an approved minor forest management permit pursuant to LOC § 55.02.072; restocking may be required for a major forest management permit under LOC § 55.02.072(4); g. When part of a resource enhancement project, the species, number, and size of mitigation trees shall follow the resource enhancement plan approved under Page 13—2024 Non-CDC Code Amendments (Ord. 2954) LOC §§ 50.05.010(5)(c)(iii)(7) or 50.05.010(6)(c)(ii)(1)(f). 2. Mitigation for the removal of trees with known emerald ash borer infestation under a dead tree removal permit or for invasive tree species removal is required when: Staff Comment: See Staff Comment regarding ash borer infestation for LOC 55.02.042(3) above. a. The removal is from a public right-of-way and replanting is recommended by the Public Works Director; b. The removal is from an RP or RC district, or HBA protection area, except as approved as part of a resource enhancement project; or c. The tree was planted as part of a previously approved mitigation plan or landscaping. 3. Mitigation shall be required for any tree removal in violation of the Tree Code, excluding trees removed without permit by topping. 4. The mitigation requirement shall be satisfied as listed below. Except where subsection (4)(c) of this section applies, a mitigation plan shall be submitted showing the location, size, and species of mitigation trees, or in the case of large forested tracts, restocking of any new trees to replace the trees to be removed. a. Replanting on Site. The applicant shall plant, for each tree removed: i. Invasive Tree Species Removal Permit. Removal from a public right-of- way or from an approved landscape plan, either a minimum one-and- one-half-in. caliper deciduous tree (measured six in. above the root ball) or a minimum six-ft.-tall evergreen tree for each tree removed. Removal from a Resource Conservation or Resource Protection overlay district, or Habitat Benefit Protection Area, either a minimum one-half in. caliper deciduous tree or a minimum two-ft.-tall evergreen tree. ii. Type II Permit. Either a minimum one-and-one-half-in. caliper deciduous tree or a six-ft.-tall evergreen tree for each tree removed. Mitigation for the removal of a native tree on the City's Master Plant List shall be with a species from the Native Mitigation Tree List. A. Exception: Removal of a tree identified as a significant tree for development purposes shall require two minimum one-and-one- half-in. caliper deciduous trees (measured six in. above the root ball) or a minimum of two six-ft.-tall evergreen trees for each tree removed. B. Exception: If tree removal is for the landscaping purpose of thinning to improve the health of other trees, mitigation shall be reduced to the extent there is insufficient space to replant elsewhere on the site and maintain tree health. iii. Other Tree Cutting Permits. Either a minimum one-and-one-half-in. caliper deciduous tree or a six-ft.-tall evergreen tree for each tree removed. Mitigation for the removal of a native tree shall be with a native species. Page 14—2024 Non-CDC Code Amendments (Ord. 2954) The tree shall be planted according to the specifications in the City Tree Planting and Maintenance Guidelines as approved by the City Council. b. Replanting off Site. If in the City's determination there is insufficient available space on the subject property, the replanting required in this section shall may occur on other property in the applicant's ownership or control within the City, or in an open space tract that is part of the same subdivision, upon . Such mitigation planting is subjcct to the approval of the authorized property owners. The City may specify the species and size of the tree. Staff Comment: In terms of whether or not off-site planting can be required on the applicant's property, since the "authorized property owner" includes not just non-applicant-owners of other properties, but also the applicant regarding other properties they own, the effect is that off-site planting occurs on other applicant- owned properties when the applicant concurs. (AP 23-02). This amendment clarifies that the off-site planting option is subject to the owner's approval, including when the applicant owns other properties. c. Payment in Lieu of Planting. If in the City's determination no feasible alternative exists to plant the required mitigation, the applicant shall pay into the tree fund an amount as established by resolution of the City Council. 5. Trees identified as invasive on the Invasive Tree Species List are prohibited as mitigation trees. 55.02.094 Conditions of Approval for Tree Cutting Permits. 1. The reviewing authority may impose conditions of approval on any tree cutting permit if the condition is reasonably related to preventing, eliminating or mitigating a negative impact or potential impact on natural features or processes or on the built environment of the neighborhood which is as created or contributed to by the approved tree removal. 2. Conditions of approval may include, but are not limited to: a. Cutting a tree or stump flush with the grade instead of grinding or fully removing a stump; b. Requiring modifications in the location, design or intensity of a development or activities on a site or to require or prohibit certain construction methods; c. Requiring vegetation not requiring a tree removal permit to remain in place or be planted; d. Requiring the removal of injurious vegetation (e.g., English Ivy)from other trees on the property; e. Avoiding removal of ash (Fraxinus spp.),white fringetree (Chionanthus virginicus) and cultivated olive (Olea europaea)tree species unless necessary during the emerald ash borer(EAB) active period of April 1—September 30 to prevent the spread of live insects. Page 15—2024 Non-CDC Code Amendments (Ord. 2954) f. Disposing of ash,fringetree and olive wood in accordance with guidelines established by the Oregon Department of Agriculture. Staff Comment: See Staff Comment regarding ash borer infestation for LOC 55.02.042(3) above. 55.02.130 PcnalticsViolation. 1. Civil Violation. A violation of any provision of this chapter, or the breach of any condition of a permit granted under this chapter by the applicant or successor holder of an interest in the real property that is the subject of the application and permit shall be a civil violation as defined by LOC § 34.04.105, enforceable pursuant to LOC Article 34.04. The unlawful removal of each individual tree shall be a separate offense hereunder. Failure to comply with the provisions of this chapter or a condition of approval shall be a separate offense each day the failure to comply continues. The violation shall be punishable by a fine set forth by the municipal court and the enforcement fee and restoration requirements as set forth in subsections (3) and (4) of this section. Staff Comment: (1) Retitles to "Violation", consistent with titles of similar sections in other chapters that expressly declare a violation is a civil violation. (2) In combination with the new definition of"applicant," this makes it clear that the obligations required by the tree removal permit, e.g., mitigation, completion of conditions of approval, are obligations that transfer to the successor owner, contract purchaser, etc. of the land upon which the tree was removed. § 55.02.084 Mitigation Required. 1. An applicant shall provide mitigation for any tree permitted for removal, with the exception of the following: a. Dead trees; 2. Nuisance Abatement. The removal of a tree in violation of this chapter is hereby declared to be a public nuisance, and may be abated by appropriate proceedings pursuant to LOC Article 34.08. 3. Enforcement Fee. A person including an applicant or successor holder of an interest in the real property, who-that removes a tree without first obtaining a tree cutting permit from the City pursuant to this chapter, removes a tree in violation of an approved tree cutting permit, or violates a condition of an approved tree cutting permit shall pay an enforcement fee to the City in an amount as established by resolution of the City Council. Staff Comment: In combination with the new definition of"applicant," this makes it clear that the enforcement fee obligation is an obligation that transfers to the successor Page 16—2024 Non-CDC Code Amendments (Ord. 2954) owner, contract purchaser, etc. of the land upon which the tree was removed. 4. Restoration. a. A person, including an applicant or successor holder of an interest in the real property,wh►e-that removes a tree without first obtaining a required tree cutting permit from the City pursuant to this chapter, removes a tree in violation of an approved tree cutting permit, or violates a condition of such a permit shall pay into the City's tree fund a standard fee per caliper inch for the total number of caliper inches of the tree removed in violation of this chapter in an amount as established by resolution of the City Council. b. The City may require the person to pay into the City's tree fund an increased fee per caliper inch for the total number of caliper inches of the tree removed in violation of this chapter in an amount as established by resolution of the City Council or the value of the tree as determined by an arborist in accordance with the methods set forth in the "Guide for Plant Appraisal," an official publication of the International Society of Arboriculture, whichever is greater, if any of the following apply: i. The person has committed a previous violation of a provision of this chapter, or ii. Tree protection measures as required by LOC Article 55.08 were not installed or maintained, or iii. The tree removed was any of the following: A. Thirty-six in. (caliper) in diameter or greater, B. A heritage tree, per LOC Article 55.06, C. Expressly protected or required to be preserved as a condition of approval of any permit pursuant to the Lake Oswego Community Development Code, or this Tree Code, D. Located within the Willamette River Greenway per LOC § 50.05.009, E. Part of an RP or RC district, or HBA protection area, per LOC § 50.05.010, F. Located on public right-of-way, City-owned or dedicated property, a public or private open space area or conservation easement. Staff Comment: In combination with the new definition of"applicant," this makes it Page 17—2024 Non-CDC Code Amendments (Ord. 2954) clear that the restoration obligations are obligations that transfer to the successor owner, contract purchaser, etc. of the land upon which the tree was removed. 5. Injunction. Upon request of the City Manager or direction from Council, the City Attorney may institute appropriate action in any court to enjoin the removal of trees in violation of this chapter. 6. Loss of City Privileges. a. A person hired to perform tree removal within the City, upon request, shall provide evidence to the City Manager of a valid license to conduct business in Lake Oswego. The person is subject to business license revocation pursuant to LOC § 20.02.085 if the person violates any provision of this chapter. b. Any arborist, builder, landscaper, contractor, or tree service that has performed any tree removal in violation of this chapter or submitted a falsified report for the criteria required in this chapter, shall not be considered a responsible bidder for any City contracts for a period of two years from the date of violation or report. 7. Arborist Report and Required Treatment. Upon request by the City, a person who violates any provision of this chapter shall submit a report prepared by an arborist or qualified forest management professional, as applicable, to evaluate the damage to a tree and/or make recommendations to remedy the violation. The City upon evaluating these recommendations may, at the City's discretion, require that the recommended measures be implemented. 8. Cumulative Remedies. The rights, remedies, and penalties provided in this chapter are cumulative, are not mutually exclusive, and are in addition to any other rights, remedies and penalties available to the City under any other provision of law. Appendix 55.02-1 Native Mitigation Tree List 75-100 FT (23-30 M) HIGH DECIDUOUS AND *BROAD-LEAVED EVERGREEN bigleaf maple (Acer macrophyllum) *Pacific madrone (Arbutus menziesii) Oregon ash (Fraxinus latifolia) *tanoak (Lithocarpus densiflorus) *Oregon myrtle, California bay(Umbellularia californica) Staff Comment: See Staff Comment regarding ash borer infestation for LOC 55.02.042(3) above. Page 18—2024 Non-CDC Code Amendments (Ord. 2954) ATTACHMENT 2 ORDINANCE 2954 AN ORDINANCE OF THE LAKE OSWEGO CITY COUNCIL CLARIFYING, REVISING,AND UPDATING VARIOUS ARTICLES DECLARING VIOLATIONS TO BE CIVIL VIOLATIONS AND/OR SUBJECT TO ENFORCEMENT FEES; AND AMENDING LOC ART. 20.02 (BUSINESS LICENSES); LOC ART. 32.06 (PARKING REGULATIONS); LOC ART. 34.10 (TYPES OF NUISANCE); LOC ART. 42.03 (STREET DESIGN STANDARDS); LOC ART. 47.03 (SIGN CODE);AND LOC ART. 55.02 (TREE REMOVAL). WHEREAS, through the application of the Lake Oswego Code, staff of the City Attorney's Office, and of the Community Development, Engineering and Police Departments have found that some sections of the Lake Oswego Code could be improved by removing ambiguous and conflicting language, correcting provisions, and adding to or repealing certain articles of the Lake Oswego Code; The City of Lake Oswego ordains as follows: Section 1. The Lake Oswego Code is hereby amended by adding the section and text shown in double- underlined type and deleting the text shown in type as set forth on Exhibit 1. (Section or subsections within the Lake Oswego Code that are not marked for deletion or addition are neither amended nor deleted by this Ordinance.) Section 2. Severability. The provisions of this ordinance are severable. If any portion of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Enacted at the regular meeting of the City Council of the City of Lake Oswego held on the 3rd day of December, 2024. AYES: NOES: ABSTAIN: EXCUSED: Joseph M. Buck, Mayor ATTEST: Kari Linder, City Recorder APPROVED AS TO FORM: Ellen Osoinach, City Attorney Ordinance 2954 Page 1 EXHIBIT A 2024 Annual Non-CDC Code Amendments Chapter 20 Licenses; Article 20.02 General 20.02.095 Appeal (Business License). An applicant whose application for a license has been conditioned or denied, or a licensee whose request for license renewal has been conditioned or denied, or whose license has been suspended, or is to be revoked may within 10 calendar days after the notice of denial, suspension, revocation or approval with conditions is mailed or delivered, whichever is earlier, appeal in writing to a hearings officer appointed by the City Council. The appeal shall be filed with the City Recorder and shall state and include: a. The name and address of the appellant and business owner; b. The nature of the determination from which an appeal is taken and a copy of the determination; c. The reason or reasons why the determination is alleged to be incorrect; d. What the correct determination should be; and e. Any established fee for appeal. The decision of the hearings officer shall be the final decision of the City. 20.02.110 Violation. (1) Civil Violation. A violation of LOC 20.02.025 or LOC 20.02.100, in addition to any other remedy, is a civil infraction and shall be enforced pursuant to LOC §§ 34.04.100 to 34.04.145. (2). Enforcement Fee. A person who violates a provision of this Article shall pay an enforcement fee to the City in an amount as established by resolution of the City Council. Chapter 31 Animals and Fowl; Art. 31.02 In General § 31.02.135 Pro ccu Lion of Violations. Civil Violation. Offenses committed in violation of provisions of this chapter constitute civil violations. Except where otherwise provided, anyone convicted of a violation of any provision of this chapter shall be subject to a fine not to exceed One Thousand Dollars ($1,000). Enforcement Fee. A person who violates a provision of this Article shall pay an enforcement fee to the City in an amount as established by resnlution of the City Council. Chapter 32 Lake Oswego Uniform Traffic Code; Art. 32.06 Parking Regulations 32.06.090 Fines for Parking Violations. 1. Parking with the front of the vehicle facing the opposite direction from that of the traffic flow in violation of LOC § 32.06.075, parking in violation of LOC § 32.06.080 (1), or violating any Page 1—2024 Non-CDC Code Amendments (Ord. 2954) provision of this article by parking at a location where parking is prohibited at any time, shall be punishable by a fine of$20 .00. 2. Violation of any provision of this article not listed in subsection (1) of this section shall be punishable by a fine of$15 .00. Chapter 34 Crimes and Civil Violations; Article 34.08 Nuisances 34.08.425 Remedies Not Exclusive; Violation. The nuisance abatement procedure provided in LOC §§ 34.08.405 through 34.08.421 is not an exclusive remedy; any other remedy provided by this chapter or State law is available unless otherwise provided. The City Manager or the appropriate official may in addition to nuisance abatement or any other proceedings initiate civil violation proceedings against the owner of property on which the condition exists or against any other person determined to be responsible for such condition. Any penalty or fine imposed for the civil violation shall be in addition to reimbursement for any abatement costs as determined under LOC§ 34.08.421. 2. Enforcement Fee. A person who violates a provision of this Article or Article 34.10 shall pay an enforcement fee to the City in an amount as established by resolution of the City Council. Article 34.10 Types of Nuisances 34.10.520 Periodic Brush Cutting Required; Exceptions 1. Property owners, lessees, occupants, or persons in possession or control of property shall: a—A,emove from their property: la. Thistles and noxious weeds, 4b. Vegetation of an inflammable condition or nature, +iic. Dead trees that are a hazard to use of public property or public right-of-way, and +vd. All grass or weeds more than 10 inches in height. b. Trim away from any property line to a distance of 10 feet all blackberry vines or plant material which characteristically spreads under or around barriers intended to prevent intrusion. 2. A violation of this section is a civil violation and a public nuisance. Page 2—2024 Non-CDC Code Amendments (Ord. 2954) Chapter 42 Streets, Sidewalks, Public Rights-of-Way and Public Easements; Article 42.03 Street Design Standards 42.03.130 Access Spacing and Sight Distance for Roadway Intersections, Driveway Approaches, and Accesses. *** 4. Standards. **** e. There shall be a landing area where a driveway meets the public street. The landing area shall be a minimum of 25 ft. long and shall have a maximum grade of five percent. The length and grade of the landing area described in this subsection presupposes that the abutting street has been fully improved to its ultimate anticipated width. If a driveway is proposed on a street that is not fully improved, and a development proposal is anticipated to proceed prior to the improvement of the street, the City Engineer shall determine the location and grade of the future street improvement and the applicant shall design the driveway and site grading so that this standard will not be compromised when the street is improved in the future. No Chapter 45 Building Code; Article 45.25 Building Code Violations 45.25.005 PenaltiesViolation. **** 5. Enforcement Fee. A person who violates a provision of this this Chapter shall pay an enforcement fee to the City in an amount as established by resolution of the City Council. LOC Chapter 47 Sign Code / Article 47.03 In General 47.03.015 Definitions For the purpose of this chapter, certain terms and words are defined as follows: the words "used for" include "designed for" and vice-versa; words used in the present tense include the future, the singular tense include the plural and vice-versa; the word "shall" is always mandatory; the word "may" is discretionary; the masculine gender includes the feminine gender, except as otherwise provided. The definitions in LOC § 50.10.003.2 apply to this chapter to the extent that they do not conflict. The following terms shall mean: **** Page 3—2024 Non-CDC Code Amendments (Ord. 2954) 47.03.025 PcnaIti^`', Nui anc^Violation. 1. A person commits a civil violation if they; a. Fail to comply with or violate any provision of this chapter; or, b. Develop or maintain a sign contrary to the terms of a sign permit. 2. A sign which fails to comply with or violates any provision of this chapter, or is developed or maintained contrary to the terms of a sign permit is hereby declared to be unlawful and a public nuisance and may be abated by appropriate proceedings. 3. Enforcement Fee. A person who violates a provision of this Chapter shall pay an enforcement fee to the City in an amount as established by resolution of the City Council. LOC Chapter 55 Tree Code /Article 55.02 Tree Removal 55.02.020 Definitions. APPLICANT Means the owner, contract purchaser, easement holder, licensee or similar interest, or for public street and right-of-way the road authority per ORS 810.010 or governmental entity with jurisdiction, either directly or through a representative, applying for a tree removal permit for a tree on the person's real property. 55.02.042 Permit Classifications and Review Procedures A person who applicant that desires to remove a tree shall first apply for and receive one of the following tree cutting permits before tree removal occurs: *** 3. Dead Tree Removal Permit: a. The City shall issue a tree cutting permit for a dead tree, except as provided by subsection 3.b of this section, if the applicant demonstrates that a tree is dead or is in progressive and irreversible decline and warrants removal, or for ash (Fraxinus spp.), white fringetree (Chionanthus virginicus) and cultivated olive (Olea europaea)tree species known to be infested with emerald ash borer (Agrilus planipennis).The City may require the applicant to submit a report from an arborist substantiating that the tree is dead or in progressive and irreversible decline or infested with emerald ash borer. b. In order to provide for wildlife habitat and natural processes, the City Manager may require the retention of a dead tree. Dead trees shall not be removed if located in wetlands, RC protection areas (LOC§ 50.05.010.5.b), HBA protection areas, stream corridors, parks or open space areas required to be preserved as a condition of development approval unless the tree presents a potential hazard to persons or property or is known to be infested with emerald ash borer. Page 4—2024 Non-CDC Code Amendments (Ord. 2954) 55.02.072 Forest Management Permit. 1. *** 2. Applicability. An owncr of a large forested tract or the owner's authorized agentapplicant may apply for removal of one or more trees from the subject tract provided the tract is not subject to a pending application for minor or major development, and the subject trees are not: **** 3. Minor Forest Management Permit. An owner of a large forested tract or the owner's authorized agentapplicant may apply for a minor forest management permit to remove trees under the following criteria: **** Minor forest management permits shall be issued without further review upon application and demonstration by the applicant that the request qualifies as a minor forest management permit pursuant to this subsection. 55.02.084 Mitigation Required. 1. **** 2. Mitigation for the removal of trees with known emerald ash borer infestation under a dead tree removal permit or for invasive tree species removal is required when: **** **** 4. The mitigation requirement shall be satisfied as listed below. Except where subsection (4)(c) of this section applies, a mitigation plan shall be submitted showing the location, size, and species of mitigation trees, or in the case of large forested tracts, restocking of any new trees to replace the trees to be removed. a. *** b. Replanting off Site. If in the City's determination there is insufficient available space on the subject property, the replanting required in this section shall may occur on other property in the applicant's ownership or control within the City, or in an open space tract that is part of the same subdivision upon . Such mitigation planting is subject to the approval of the authorized property owner&. The City may specify the species and size of the tree. c. *** **** 55.02.094 Conditions of Approval for Tree Cutting Permits. *** 2. Conditions of approval may include, but are not limited to: Page 5—2024 Non-CDC Code Amendments (Ord. 2954) e. Avoiding removal of ash (Fraxinus spp.),white fringetree (Chionanthus virginicus) and cultivated olive (Olea europaea)tree species unless necessary during the emerald ash borer(EAB) active period of April 1—September 30 to prevent the spread of live insects. f. Disposing of ash,fringetree and olive wood in accordance with guidelines established by the Oregon Department of Agriculture. 55.02.130 PenaltiesViolation. 1. Civil Violation. A violation of any provision of this chapter, or the breach of any condition of a permit granted under this chapter by the applicant or successor holder of an interest in the real property that is the subject of the application and permit shall be a civil violation as defined by LOC § 34.04.105, enforceable pursuant to LOC Article 34.04. The unlawful removal of each individual tree shall be a separate offense hereunder. Failure to comply with the provisions of this chapter or a condition of approval shall be a separate offense each day the failure to comply continues. The violation shall be punishable by a fine set forth by the municipal court and the enforcement fee and restoration requirements as set forth in subsections (3) and (4) of this section. 2. *** 3. Enforcement Fee. A person,including an applicant or successor holder of an interest in the real property, who that removes a tree without first obtaining a tree cutting permit from the City pursuant to this chapter, removes a tree in violation of an approved tree cutting permit, or violates a condition of an approved tree cutting permit shall pay an enforcement fee to the City in an amount as established by resolution of the City Council. 4. Restoration. a. A person, including an applicant or successor holder of an interest in the real property, who-that removes a tree without first obtaining a required tree cutting permit from the City pursuant to this chapter, removes a tree in violation of an approved tree cutting permit, or violates a condition of such a permit shall pay into the City's tree fund a standard fee per caliper inch for the total number of caliper inches of the tree removed in violation of this chapter in an amount as established by resolution of the City Council. **** **** Page 6—2024 Non-CDC Code Amendments (Ord. 2954) Appendix 55.02-1 Native Mitigation Tree List **** 75-100 FT (23-30 M) HIGH DECIDUOUS AND *BROAD-LEAVED EVERGREEN bigleaf maple (Acer macrophyllum) *Pacific madrone (Arbutus menziesii) Oregon ash (Fraxinus latifolia) *tanoak (Lithocarpus densiflorus) *Oregon myrtle, California bay(Umbellularia californica) **** Page 7—2024 Non-CDC Code Amendments (Ord. 2954)