OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Tempe Hearing Officer Meeting – June 17, 2025

City CouncilTuesday, June 17, 2025
BodyTempe, Arizona
SessionCity Council
DateTuesday, June 17, 2025
StatusFILED
Video Record

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Transcript — Verbatim
0:46

Good afternoon.

0:47

Today is Tuesday, June 17th, 2025, and this is the second hearing this month for the City of Tempe Hearing Officer.

0:55

My name's Vanessa McDonald, and I'll be conducting the hearing this afternoon.

1:00

I'm going to read something into the record and then we'll jump into our really short agenda this afternoon.

1:05

The City of Tempe Hearing Officer is authorized by Arizona revised statutes in the City of Tempe zoning and development code.

1:13

The hearing officer is granted the authority to conduct public hearings to decide upon the abatement of code violations occurring on properties within the city.

1:23

These violations include deteriorated pools, structures, or landscaping, storage of junk or refuse, and inoperable or unregistered vehicles.

1:34

Abatement actions are brought before the hearing officer by the city's code compliance division typically after numerous attempts at contacting the property owner to obtain voluntary compliance with the code.

1:46

The hearing officer can issue an order directing the owner, occupant, property manager, or any other responsible person to remediate a code violation or may authorize the city to abate the property.

1:59

The cost of the abatement is the responsibility of the owner of the property where the violation occurs and will be collected as an assessment against the property in violation.

2:10

On today's agenda, we have two items.

2:12

We have a set of minutes from June 4th, 2025, and one property abatement.

2:36

Appeals are heard by the Board of Adjustment, after which they may also be appealed to Superior Court.

2:42

A property owner has 14 days after the hearing officer's decision to either file an appeal or bring the property into code compliance.

3:41

Applicant is the City of Tempe represented this afternoon by Code Inspector John Salazar.

3:46

Good afternoon.

3:49

Thank you, Madam Hearing Officer.

3:51

Good afternoon.

3:53

I'm a code compliance inspector with the City of Tempe Code Compliance Division.

3:57

I'm here this evening to request 180-day open abatement for the property at 226 East Pebble Beach Drive.

4:03

Tempe 85282.

4:06

This complaint was initiated back on 722 of 24 for inoperable unregistered vehicles in the front and back of the property.

4:30

Tracy said her uncle Donald Cup will not be able to bring the property into compliance and believes the city has no choice but to intervene.

5:00

On 821-24, a final correction notice was sent to Mr.

5:04

Cup as his residents outlining the violations and corrections needed to bring the property into compliance.

5:10

On February 10th of this year, a citation was issued to Mr.

5:13

Cup for the violations, and he failed to appear in court for that citation.

5:19

Madam Hearing Officer, between 821 of 24 and May 5th of this year, the previous inspector and myself have had multiple conversations with Mr.

5:27

Cup and his niece, Tracy Cup, regarding the code violations at the property, resulting in minimal improvements.

5:35

I would now like to prevent provide some photos of the uh property taken today.

5:39

Great, thank you.

5:45

This is a photo of the front of the property.

5:47

As you can see, there's two inoperable vehicles parked in the front and quite a bit of junk trash debris in the back of each vehicle kind of stacked up here on the uh front porch here.

5:59

You can see the wheels on both the vehicles are flat, and you could tell that these are vehicles are inoperable.

6:05

So from May to June, I'm looking at pictures from May.

6:08

There was a van.

6:09

Yes, ma'am.

6:09

Is that operable?

6:10

Uh no, he moved that to the backyard.

6:12

We'll get to that shortly.

6:13

Okay.

6:14

He did move it, but it was moved to the backyard.

6:15

Yes, ma'am.

6:20

Second photo here.

6:21

It's just a little bit of a close-up.

6:23

I just wanted to kind of point out the junk trash debris that's kind of stacked up in between both vehicles and in the back of the pickup here.

6:30

Um, as you can see, there's a license plate right here on this vehicle.

6:33

I tried to zoom in as much as I can.

6:35

It shows it was expired back in September of 23.

6:43

Next photo is a picture of the backyard.

6:47

Uh, this is kind of from the northwest portion of the backyard.

6:51

It's a photo of several.

6:52

I believe we counted possibly 12 inoperable vehicles that are kind of stacked here.

6:57

You can see some of these vehicles don't even have tires or they're flat.

7:01

You can definitely see they're inoperable and in mix between all of this, you can see a lot of junk trash debris over here in the side.

7:07

And I have more photos of that, but the van that was missing in the front is located right here in the backyard now.

7:18

Just a little close-up of the vehicle as we scope in more of the backyard.

7:22

You can see over here there's a lot of junk trash debris just kind of lined up on the side and by the front of the house.

7:28

These are more inoperable vehicles, including a boat on a trailer, and just a little side view of the van here that was moved.

7:34

But you can see tables with just different junk trash debris on it, kind of stacked all throughout.

Discussion Breakdown — Share of Meeting
Code Enforcement█████████████████████████████████████████████94%
Procedural███6%
Summary of Proceedings

Tempe Hearing Officer Meeting – June 17, 2025

The City of Tempe Hearing Officer, Vanessa McDonald, convened a public hearing on June 17, 2025, at 1:00 PM. The agenda included approval of the June 4, 2025, meeting minutes and a single abatement request for a property at 226 East Pebble Beach Drive. The hearing officer granted a 180-day open abatement for the property, which is encumbered with inoperable vehicles and junk trash debris.

Consent Calendar

  • Meeting Minutes (June 4, 2025): Approved unanimously. No discussion or opposition.

Public Comments & Testimony

  • No members of the public spoke or submitted comments. The hearing officer noted there were no attendees in the chamber or online.

Discussion Items

  • Abatement Request – 226 East Pebble Beach Drive (CE245173): Code Inspector John Salazar presented the case on behalf of the City of Tempe. The property, owned by Donald Cup, was first reported on July 22, 2024, for inoperable and unregistered vehicles in the front and back yards. A final correction notice was sent on August 21, 2024. A citation was issued on February 10, 2025, and the owner failed to appear in court. Between August 2024 and May 2025, inspectors had multiple conversations with Mr. Cup and his niece, Tracy Cup, resulting in minimal improvements. Photographs taken that day showed two inoperable vehicles in the front with expired plates (September 2023), junk trash debris on the front porch, and approximately 12 inoperable vehicles in the backyard intermixed with metal parts, furniture, and other debris. The dwelling appeared secure. Tracy Cup stated her uncle would not be able to bring the property into compliance and believed the city had to intervene. The hearing officer noted the property had been abated previously and described the owners as “an elderly couple.” The inspector requested a 180-day open abatement to allow the city to remediate the violations if the owner does not comply.

Key Outcomes

  • Minutes Approved: The June 4, 2025, meeting minutes were adopted.
  • Abatement Granted: The hearing officer approved the 180-day open abatement for 226 East Pebble Beach Drive. The order authorizes the City to abate the property at the owner’s expense, with costs collected as an assessment against the property. The owner has 14 days to either appeal the decision to the Board of Adjustment or bring the property into compliance.

Meeting Transcript

Good afternoon. Today is Tuesday, June 17th, 2025, and this is the second hearing this month for the City of Tempe Hearing Officer. My name's Vanessa McDonald, and I'll be conducting the hearing this afternoon. I'm going to read something into the record and then we'll jump into our really short agenda this afternoon. The City of Tempe Hearing Officer is authorized by Arizona revised statutes in the City of Tempe zoning and development code. The hearing officer is granted the authority to conduct public hearings to decide upon the abatement of code violations occurring on properties within the city. These violations include deteriorated pools, structures, or landscaping, storage of junk or refuse, and inoperable or unregistered vehicles. Abatement actions are brought before the hearing officer by the city's code compliance division typically after numerous attempts at contacting the property owner to obtain voluntary compliance with the code. The hearing officer can issue an order directing the owner, occupant, property manager, or any other responsible person to remediate a code violation or may authorize the city to abate the property. The cost of the abatement is the responsibility of the owner of the property where the violation occurs and will be collected as an assessment against the property in violation. On today's agenda, we have two items. We have a set of minutes from June 4th, 2025, and one property abatement. Appeals are heard by the Board of Adjustment, after which they may also be appealed to Superior Court. A property owner has 14 days after the hearing officer's decision to either file an appeal or bring the property into code compliance. Applicant is the City of Tempe represented this afternoon by Code Inspector John Salazar. Good afternoon. Thank you, Madam Hearing Officer. Good afternoon. I'm a code compliance inspector with the City of Tempe Code Compliance Division. I'm here this evening to request 180-day open abatement for the property at 226 East Pebble Beach Drive. Tempe 85282. This complaint was initiated back on 722 of 24 for inoperable unregistered vehicles in the front and back of the property. Tracy said her uncle Donald Cup will not be able to bring the property into compliance and believes the city has no choice but to intervene. On 821-24, a final correction notice was sent to Mr. Cup as his residents outlining the violations and corrections needed to bring the property into compliance. On February 10th of this year, a citation was issued to Mr. Cup for the violations, and he failed to appear in court for that citation. Madam Hearing Officer, between 821 of 24 and May 5th of this year, the previous inspector and myself have had multiple conversations with Mr. Cup and his niece, Tracy Cup, regarding the code violations at the property, resulting in minimal improvements. I would now like to prevent provide some photos of the uh property taken today. Great, thank you. This is a photo of the front of the property. As you can see, there's two inoperable vehicles parked in the front and quite a bit of junk trash debris in the back of each vehicle kind of stacked up here on the uh front porch here. You can see the wheels on both the vehicles are flat, and you could tell that these are vehicles are inoperable. So from May to June, I'm looking at pictures from May. There was a van. Yes, ma'am. Is that operable? Uh no, he moved that to the backyard. We'll get to that shortly. Okay. He did move it, but it was moved to the backyard. Yes, ma'am. Second photo here. It's just a little bit of a close-up. I just wanted to kind of point out the junk trash debris that's kind of stacked up in between both vehicles and in the back of the pickup here. Um, as you can see, there's a license plate right here on this vehicle. I tried to zoom in as much as I can. It shows it was expired back in September of 23. Next photo is a picture of the backyard.

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