POS Informal Hearing Decision 2011 Atkins

New Search

N1 E U G E N E Paps and Open Space Keeping been Green A DIVISION OF PUBUC WORKS 1820 ROOSEVELT BLVD EUGENE, OREGON 47402 (5411682 -0800 FAX (5411682AB82 WWW.EUGENE -0R. GOV/PARKS PARKS AND OPEN SPACE PLANNING PARK OPERAMONS URBAN FORESTRY NATURAL RESOURCES = EU� April 7, 2011 Jon Atkins 450 Highway 99 Eugene, Oregon 97402 Dear Jon, You have requested a hearing on a restriction notice served to you on March 28, 2011. The notice which you are contesting states you violated a previous notice of restriction of use, issued on March 13, 2011, which restricts you from entering or using any City of Eugene park, open space or facility until April 13, 2011. As stated on the notice of restriction which you were issued, you are entitled to a hearing to contest the restriction if the request for a hearing is received by the Parks and Open Space Division Director (POS Director) within 48 hours of your receipt of the notice of restriction. Your request for a hearing was postmarked March 31 and received by my office on April 1, 2011 and therefore did not meet the required deadline. My authority on these matters is limited. Having not submitted the appeal within the allowed timeframe, I have no authority to conduct an official hearing or to modify the restriction you have received. In your request for a hearing you stated, "I disagree with this and would like to know the constitutionality of this decision and what right the city thinks it has to enforce this "rule ". While I can speak to policy and procedures as they pertain to the park rules, your above question is more in the nature of questioning the basis of the City's legal right to establish rules. Not being myself an attorney I cannot speak to this issue. If you wish to pursue this line of questioning I would recommend you consult an attorney. Sincerely, Johnny Medlin, Director Parks and Open Space Division