Ord. 2592 - Enhanced Penalty for Intentional Violation of Tree Permit Requirements COUNCIL BILL NO. 3159
ORDINANCE NO. 2592
AN ORDINANCE ESTABLISHING AN ENHANCED PENALTY FOR AN INTENTIONAL
VIOLATION OF THE TREE PERMIT REQUIREMENTS OF THE WOODBURN DEVELOPMENT
ORDINANCE AND THE STREET TREE ORDINANCE AND DECLARING AN EMERGENCY
WHEREAS, the City of Woodburn ("the City") is a home rule municipal
corporation of the State of Oregon, created pursuant to Oregon law and the
Woodburn City Charter; and
WHEREAS, the City takes pride in, its natural, wooded streetscapes and
foliage, which are an essential part of the City's character; and
WHEREAS, the presence of trees aids in stormwater management, helps
prevent erosion, improves air quality, conserves energy, provides a wildlife
habitat, and preserves and enhances property values; and
WHEREAS, City tree permit regulations have been adopted by the City
Council and have been in force for many years; and
WHEREAS, more specifically, the Woodburn Development Ordinance
("the WDO") contains tree permit regulations for "significant trees;" and,
WHEREAS, Ordinance 2424 (the "Street Tree Ordinance") contains tree
permit regulations for "street trees;" and
WHEREAS, in the vast majority of cases, the City of Woodburn's tree permit
regulations are complied with by most homeowners, residents, and developers
and the City Council's efforts to preserve trees have been successful; and
WHEREAS, it has come to the attention of the City Council that there have
been certain isolated instances where the City of Woodburn's tree permit
regulations appear to have been intentionally violated; and
WHEREAS, these intentional violations of tree permit regulations are
uncommon, when they do occur, the City Council believes that it is fair and
appropriate that, in instances where an intentional violation is established, an
enhanced penalty should be available; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Page - 1 - Council Bill No. 3159
Ordinance No. 2592
Section 1. As used in this Ordinance, the following terms are defined as
follows:
A. "City" means the City of Woodburn.
B. "Intentionally" means that a person acts with a conscious objective to
cause the result or to engage in the conduct so described.
C. "Person" means a natural person, joint venture, joint stock company,
partnership, association, club, company, corporation, business, trust,
organization, or the manager, lessee, agent, servant, officer or
employee of any of them.
D. "Tree permit regulation" means a legal requirement that a person
obtain City permit approval pursuant to the Woodburn Development
Ordinance or Ordinance 2424 ("the Street Tree Ordinance") prior to
acting to remove a tree.
E. "Remove" means to relocate, cut down, damage, poison, or in any
other manner destroy, or cause to be destroyed, a tree.
Section 2. No person shall intentionally violate a tree permit regulation
contained in the Woodburn Development Ordinance or Ordinance 2424 ("the
Street Tree Ordinance").
Section 3. A person who violates Section 2 of this Ordinance shall be
assessed a civil penalty of not more than $10,000, but not less than $5,000, for
each violation.
Section 4. This ordinance being necessary for the immediate
preservation of the public peace, health and safety so that the Woodburn
community can be further protected from intentional and unpermitted removal
of trees, an emergency is declared to exist and this ordinance shall take effect
immediately upon passage and approval by the Mayor.
Approved as to form:
City Attorney Date
C,
Approved:
Eric Swenson, Mayor
Page - 2 - Council Bill No. 3159
Ordinance No. 2592
Passed by the Council zt)zl
Submitted to the Mayor 04 C/ z 2
Approved by the Mayor ZO
Filed in the Office of the Recorder
ATTEST:
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page - 3 - Council Bill No. 3159
Ordinance No. 2592