Tempe Hearing Officer Meeting: July 1, 2025 – Minutes Approved, Abatement Granted
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Tempe Hearing Officer Meeting – July 1, 2025
The Tempe Hearing Officer, Vanessa McDonald, convened a brief hearing on July 1, 2025, to approve the minutes from the previous meeting and to consider a single property abatement case. The meeting included a presentation from the city's code compliance division and resulted in authorization for a 180-day abatement period.
Consent Calendar
- Approval of Minutes: The hearing officer approved the minutes of the June 17, 2025 hearing, stating they accurately reflected the proceedings.
Public Comments & Testimony
- No members of the public were present or spoke. The hearing officer noted that only City of Tempe staff were in the chamber.
Discussion Items
- Abatement Request for 1849 East Harvard Drive (CE250080): Code Inspector Hector Heredia presented a request for a 180-day open abatement period for the property owned by Zachary Shepherd. The case was initiated on January 7, 2025, following an anonymous complaint about junk, trash, debris, lawn-parked vehicles, inoperable/unregistered vehicles in the backyard, and a deteriorated roof. Subsequent inspections revealed additional violations, including overgrown gravel landscaping, missing address numbers, a deteriorated gate, and debris in the alley. Multiple notices were mailed to the property owner and tenants. The owner requested and received extensions but failed to complete corrective measures. A citation was issued on April 16, 2025, after a final extension, and the owner failed to appear. The abatement packet was submitted on May 21, 2025. Inspector Heredia presented photos taken the morning of the hearing showing ongoing violations, including vehicles obstructing the sidewalk, junk, debris, and inoperable vehicles in the yard. The hearing officer noted that the owner had been contacted and was adequately notified.
Key Outcomes
- Minutes Approved: The hearing officer approved the minutes of June 17, 2025.
- Abatement Granted: The hearing officer granted the 180-day open abatement for case CE250080, authorizing the city to abate the property if the owner does not bring it into compliance within 14 days (by July 15, 2025) or file an appeal. The cost of abatement will be assessed against the property. The deadline to appeal the decision is 3:00 PM on July 15, 2025.
- Next Meeting: The next hearing officer meeting is scheduled for Tuesday, July 15, 2025, at 5:00 PM in the council chambers and live on Tempe 11.
Meeting Transcript
Good afternoon. Barely. Today is Tuesday, July 1st, 2025, and this is the first hearing of the month for the hearing officer. My name's Vanessa McDonald, and I am the hearing officer, so I'll be conducting the hearing this afternoon. We have a real brief agenda, but I do need to read something into the record, and then we can go ahead and hear the single case that we have on our agenda. The City of Tempe Hearing Officer is authorized by Arizona revised statutes and 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 pool structures or landscaping, storage of junk or refuse, and storage of 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 may issue an order directing the owner, occupant, property manager, or 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 of the code. On today's agenda, we have just two items. We have a set of minutes from June 17, 2025, and a single property abatement. Any property owner who is aggrieved by a decision of the hearing officer may file an appeal within 14 calendar days after the hearing officer has made a decision. The deadline for appealing any decision rendered today is 3 p.m. on July 15th, 2025. Appeals are heard by the Board of Adjustment after which they may also be appealed to the Superior Court. A property owner has 14 days after the hearing officer's decision to either file an appeal or to bring the property into code compliance. If an appeal isn't filed or the property isn't brought into compliance within this required 14-day time frame, the property will be abated by the city. Joining me this afternoon to my left are Cassidy McFarn and Sean DeFarah. Thanks for being here, you guys. As previously stated, we have a set of minutes from the meeting of June 17th, 2025, and I believe that those minutes accurately reflect what took place at that hearing. So I'm going to go ahead and approve the minutes of June 17th, 2025. This property is located at 1849 East Harvard Drive. The applicant is City of Tempe, represented this afternoon by Code Inspector Hector Heredia. Good afternoon, uh hearing officer McDonald. As stated, my name is Hector Haradia. I'm a code compliance inspector with the City of Tempe Code Enhancement Division, and I am here this afternoon to request a 180-day open abatement period for the property owner Zachary Shepherd, located at 1849 East Harvard Drive in the City of Tempe 85283. This case, excuse me, was initiated back on January 7th 2025, approximately seven months now regarding junk trash debris in the front yard, backyard, lawn parked vehicles, and operable unregistered vehicles in the backyard, and including a deterioration. As the case progressed, then due to lack of communication with the property owner, lack of corrective measures, citation, and ongoing concerns are here today to request the approval of the abatement period. As stated, this case was initiated back on January 7th, uh 2025. An anonymous complaint was received regarding uh junk trash debris in the front yard, lawn parking and Abuan registered vehicles in the backyard, including a deteriorated roof. At the time of inspection, I noticed other concerns regarding an overgrown gravel landscape, both in the front and back, missing address numbers or deteriorated gate, uh including debris in the alley. These concerns were verified and updated in a first notice. That notice was mailed to the property owner and tenants approximately 14 days later at the file follow-up inspection. Uh, very little was done in a final notice was then mailed to the property owner and tenants. Shortly after that, I received a call from Mr. Shepard where he requested an extension while ongoing efforts uh could be um scheduled between himself and his tenants, and that extension was granted. Approximately 10 days later, I called and left a message for Mr. Shepherd asking about a completion date for the projects. A response was never returned. Um, roughly about uh a month later, um, additional anonymous complaints were received regarding lawn park vehicles in the front yard on four uh 9 2025. A final extension was granted over the following weekend before citation would be um uh could be issued or would be issued on 4 16th. A force uh first citation was issued after the property was not brought into compliance. The citation itself resulted in a failure to appear. That prompted for us to take immediate action and initiate the abatement packet, and the packet was submitted on 521 2025. At this time, I'd like to present photos taken this morning at approximately 9 a.m. Uh illustrating our concerns with the violations at the property. And uh am seeking the approval of the 180-day open abatement based on what um has not took place. Um this first photo.
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