Tempe Hearing Officer Approves Four Public Nuisance Abatements on July 15, 2025
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Tempe Hearing Officer Meeting – July 15, 2025
The Tempe City Hearing Officer, Vanessa McDonald, conducted the second hearing of the month on Tuesday, July 15, 2025, to consider the approval of minutes and five public nuisance abatement requests brought by the City’s Code Compliance Division. After reviewing each case, the Hearing Officer granted 180-day open abatement orders for four properties, with one property (the Ruiz property) having been brought into compliance prior to the meeting. No members of the public testified.
Consent Calendar
- Meeting Minutes (July 1, 2025): Approved. No additional discussion recorded.
Public Comments & Testimony
- No public comments were made in person or online for any agenda item.
Discussion Items
1. Weary Property – 1939 East Apollo Avenue (Case CE250781)
- Inspector: Hector Heretti (Code Compliance)
- Violations: Junk, trash, debris, inoperable/unregistered vehicle, dead palm stump, dead palm fronds, missing address numbers, alley maintenance; later deteriorated pool and overgrowth.
- History: Case initiated February 6, 2025, via anonymous complaint. Multiple notices and extensions were sent; the property owner’s mother reported the owner was in a mental health care facility. Partial compliance was achieved, but violations persisted. A citation resulted in failure to appear.
- Decision: The Hearing Officer granted a 180-day open abatement, citing severity and owner unavailability.
2. Ruiz Property – 4603 South Hanna Drive (Case CE243986) – Not heard
- Inspector noted the property had been brought into full compliance before the meeting, so this item was skipped.
3. Murphy Property – 1013 West 12th Place (Case CE251183)
- Inspector: Kevin Kowalski
- Violations: Transients living in backyard and shed, junk, trash, debris; property fenced after a residential fire.
- History: Case initiated February 24, 2025. Owner (Leighton Murphy) was deceased; property in probate for two years. The owner’s niece (Rebecca) initially helped clean but later withdrew. No citation issued due to probate and owner’s death. Trespass authority was filed with Tempe Police to address ongoing homeless encampments.
- Decision: The Hearing Officer granted a 180-day open abatement, noting the continuing presence of people living on the property.
4. Canzano Property – 1133 East Concordia Drive (Case CE251010)
- Inspector: Andres Lara Reyes
- Violations: Trash, litter, debris in front, back, side yards and alley; inoperable vehicle; dead trees and vegetation.
- History: Case initiated February 14, 2025, via public complaint. The owner (Robert Canzano) ended a call with the inspector and did not comply. A citation was issued; owner failed to pay/appear. Photos showed extensive scrap, machinery, water heaters, and an apparent encampment in the backyard.
- Decision: The Hearing Officer granted a 180-day open abatement, citing lack of owner cooperation.
5. Askey Property – 1514 North Sunset Drive (Case CE247436)
- Inspector: Anna Churin (Code Compliance Supervisor)
- Violations: Junk, trash, debris in front, sides, backyard; dead trees, vines, grass/weeds in gravel; piles of garbage bags, deteriorated furniture, hundreds of cans. The swimming pool was noted to be clean and clear.
- History: Case initiated October 22, 2024. Multiple notices, extensions, two citations, and a failure to appear. Owner made minimal progress; communication ceased after May 2024.
- Decision: The Hearing Officer granted a 180-day open abatement.
Key Outcomes
- Approved abatements (180-day open):
- Weary property (1939 E Apollo Ave) – CE250781
- Murphy property (1013 W 12th Pl) – CE251183
- Canzano property (1133 E Concordia Dr) – CE251010
- Askey property (1514 N Sunset Dr) – CE247436
- Item not heard: Ruiz property (4603 S Hanna Dr) – declared compliant.
- Next hearing: Scheduled for Tuesday, August 5, 2025, at 5:00 p.m. in the Council Chambers and on Tempe Channel 11.
Meeting Transcript
Good afternoon. Today is Tuesday, July 15, 2025. This is the second hearing of the month for the hearing officer. My name's Vanessa McDonald. I'm the hearing officer, and I'll be conducting the hearing this afternoon. I'm going to read something into the record before we jump into our lengthier than normal agenda. 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 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 is collected as an assessment against the property in violation of the code. On today's agenda, we have five items. We have a set of minutes from July 1st, 2025, and we have four property abatements. The applicant is the City of Tempe Code Compliance represented this afternoon by Inspector Hector Heretti. I'm code inspector with the City of Tempe Code Enhancement Division. I'm code inspector with the City of Tempe Code Enhancement Division, and I am here seeking the approval for a 180-day open abatement period for the property located at 1939 East Apollo Avenue in the City of Tempe, A5282, property owner Jessica Weary. This case was initiated on February 6, 2025 by an anonymous citizen approximately six months ago. The complaint outlined several property violations brought to our attention. And of the property owner by letters by letter notification. But due to lack of communication with the property owner, lack of corrective measures, citation, and ongoing concerns are here seeking for that approval. As stated, the case was initiated on 2625. An anonymous complaint was received regarding junk trash debris, anoperable unregistered vehicle, a dead palm stump, a dead in the front yard, excuse me, dead pawn fronds on a tree in the backyard, missing address numbers, and some minor alley maintenance. These concerns were then verified, and a notice, a first notice was sent to the property owner and to the tenant. Approximately 14 days later at the follow-up inspection, nothing was done, and the final notice was then mailed to the property owner and tenant as well. Shortly after and noticing minor progress and some ongoing efforts, granted an extension towards compliance. About 20 days later, I left a message for the property owner's mother, Miss Hinty, regarding ongoing corrective action and granted another extension towards compliance. On 411, 2025, again after speaking to Ms. Hinty, was told that the property owner, her daughter, was in a mental health care facility and needed more time to address the concerns. I granted another extension based on the unique circumstances of the case and in hopes of compliance. On 428, 2025 at the follow-up inspection, I noticed that a majority of the concerns were addressed. At this point, only the palm trees were in violation, meaning that the palm tree stump in the front yard, excuse me, uh remained, as well as some of the some of the dead pawn fronds on the tree in the backyard also remained. On 513 2025, after ongoing efforts, the property owner could not bring uh the property into compliance, and a first citation was issued. That citation resulted in a failure to appear. Unfortunately, shortly after that, on 6-6, 2025, additional concerns were noted after another anonymous complaint updated our case regarding a deteriorated pool and deteriorated overgrowth in the backyard. That was then verified. But due to the failure to appear and ongoing efforts, uh decided that it would be best to pursue uh abatement based on the location of the property owner and her current mental health issues. So I am here today uh seeking for uh the approval of the abatement period, 180-day open abatement period for the location 1939 East Apollo Avenue in the city of Tempe. Thank you. I was at the property early this morning at approximately 9 a.m. And as you can see here, some pawn fronds remain uh still out of violation, but part of the general code 213B8. This is the palm tree stump in the front yard. It can easily be noted here. The first photo is a uh depiction of the west side portion of the yard where we can see a lot of deteriorated landscaping as some as well as some scattered debris. This photograph is more of a centralized location of the property and outlining more of the debris that is pretty much outlining the greater portion of this photo, as well as the deteriorated landscaping. And finally, this is the eastern most portion of the backyard where we can see the additional concern of the deteriorated pool as well as some of the debris that is clearly laid out through the eastern portion of that backyard, some overgrowth here in the tree, uh, and that's it for this afternoon. And that's it for this afternoon. Thank you. Yeah, the property has not gotten any better since the pictures I have in my packet, which were dated early May. Is there anyone on the line, Mr.
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