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<br />Regarding liability, City Attorney said the general rule about cases <br />involving tree cutting is that generally there is no liability because <br />the owner has to know the tree is dangerous and refuses to do anything <br />about it. It is difficult to determine that the owner does know a ~ <br />tree is dangerous. Suing public bodies for failing to cut trees has <br />generally been unsuccessful. However, he said it was theoretically <br />possible. With respect to street trees, he said the City is usually <br />responsible and does take care of those dangerous tree situations. <br />However, he noted again that it was at the discretion of the City <br />whether or not the tree was dangerous and whether or not it should be <br />cut. <br /> <br />C.B. 1621--Concerning tree preservation; amending Sections 6.300, 6.305, <br />6.310, 6.315, 6.320, 6.325, and 6.330 of Code 1971; and declar- <br />ing an emergency was read by council bill number and title, <br />there being no Councilor present requesting it be read in <br />fu 11 . <br /> <br />Mr. Hamel moved, seconded by Mr. Bradley, that the bill be read <br />the second time by council bill number only, with unanimous <br />consent of the Council and that enactment be considered at this <br />ti me. <br /> <br />Mr. Obie said in response to Mr. Zellner's concern about felling of <br />dangerous trees, the ordinance covers that. . <br /> <br />Mr. Bradley expressed a concern in that the ordinance does not permit <br />massive removal of trees as he illustrated earlier. He felt it was <br />a balancing question of preservation of trees in the South Hills as ~ <br />opposed to increasing housing supply in Eugene. He wondered if the ... <br />ordinance could be amended or changed to prevent full-scale removal <br />of trees on occupied lots less than 20,000 feet. <br /> <br />Mr. Lieuallen had some concern with the ordinance if it applied only <br />to the diameter, thus being aimed only at Douglas firs as they are <br />measured in a different way than others. He wished the ordinance <br />were tighter, but felt it was a stop-gap measure and perhaps a more <br />comprehensive approach could be reached later. <br /> <br />Ed Smith, Parks Director, said the ordinance was not aimed at one <br />specific tree, but at all trees. They are measured at 4-1/2 feet <br />above the ground, the standard way to determine diameter on any tree. <br />He said that requirement of diameter would apply to all species of <br />of trees including maple, alder, and oak. <br /> <br />Ms. Smith asked a member of the Tree Preservation Committee to explain <br />how it arrived at the 20,000 square feet figure. Kay Holbo said <br />it was a process of compromise. Mr. Slocum clarified if a person <br />has a one-half acre lot, he could not clear cut, but could cut only <br />five trees until he had applied for a building permit; at that time he <br /> <br />3/13/78--4 <br /> <br />e <br /> <br />(58 <br />