Document text
53 °F Forecast | Road Cams Friday, January 28, 2005 Today's News | Classifieds | Autos | Homes | Jobs | Tempo | Health | Community | Home Delivery SECTIONS Home Page Local News Sports Business Obituaries Life Opinion - Politics Tempo AP News Weather Classified Archives Site Map SPECIAL SECTIONS Since We Asked Outdoor Journal Menu Guide How To Guide Wellness Connection Readers' Choice Real Estate Showcase Real Estate Guide Joy Magazine Homelife Magazine Wedding Guide Passport to the Rogue Valley EXTRA Newspaper in Education Personals Movie Times TV Times E The People Volunteer Opportunities Moving to Southern Oregon? MARKETPLACE Find a Car Find a Home Find a Job Classifieds Place an ad eSouthernOregon Automotive Communities Entertainment Publications Recreation Calendar CUSTOMER SERVICE Frequent Questions Advertising Information Home Delivery Employment Contact Us Media Kit Network Affiliate Oregon Road Conditions & Cams Email Story to a Friend May 28, 2004 Owner appeals order to expel campers By PAUL FATTIG Mail Tribune WHITE CITY — The owner of the "Pipe City Hotel" has appealed an order by a Jackson County hearings officer to remove the large pipes and other materials used by homeless people to camp on his property. Medford resident Jim Bennett, whose research indicates he is the only person to be cited in Jackson County for allowing homeless people to sleep on private property, filed the appeal Wednesday in the Jackson County Circuit Court. In an April 1 ruling, Jackson County Hearings Officer Donald Rubenstein instructed Bennett to remove the large industrial pipes and an old manufactured home used by homeless people. Bennett had 60 days to appeal. Bennett, who bought the commercially zoned eight-acre parcel bordering Agate Road and Leigh Way in July 1998, had been cited in January for three county land-use violations. Rubenstein suspended $200 on each $600 fine, requiring Bennett to pay a total of $1,200. In the appeal, Bennett’s attorney, Erik J. Glatte of Medford, alleges the hearings officer exceeded his jurisdiction in the case. Advertisement The appeal also notes the use by the homeless individuals on the property predates the 1973 land-use code, that there was substantial evidence that the homeless were allowed to camp at the site by Bennett, that there was no substantial evidence demonstrating solid waste was allowed to exist on the property and that the hearings officer’s decision was unconstitutional. Bennett is a partner in a local real estate firm as well as a developer who plans to build a motel, restaurant and shopping center on the property. But the Navy veteran has also expressed concern that many of the homeless who have used the property are veterans with no place else to go. Noting he inherited the situation, Bennett said he has reduced the number of homeless people at the site as well as the pipes and other materials since buying the property. During a public hearing in March, he had asked county officials to allow the three homeless people still at the site to serve as caretakers there until construction begins. Two of the three are veterans. In his order, Rubenstein expressed sympathy for the plight of the homeless but indicated those concerns are beyond the authority of the hearings officer. The homeless people’s presence on the property jeopardizes public health, something the county is charged with protecting, he said. There are no water or sewer services on the property. County laws make it illegal for people to live on sites zoned commercial unless motels or related businesses have been approved for them. Reach reporter Paul Fattig at 776-4496 or e-mail him at [email protected] Mail Tribune Home Local News | Sports | Business | Obituaries | Life Opinion - Politics | AP News | Archives | Site Map E Southern Oregon | Classified Copyright © 1997-2005 Mail Tribune. All rights reserved. Privacy Policy | Terms & Conditions Website Feedback ADVERTISERS A D V E R T I S E R S SPECIAL SECTIONS Auto Finder Job Finder Home Finder Joy Magazine Homelife Magazine Tempo Readers' Choice Real Estate Showcase Since We Asked Outdoor Journal Moving to Southern Oregon? Volunteer Opportunities Student Loan Consolidation Conference Calls - $50/Month Home Security Systems Trunks, Footlocker, Trunk, Footlockers