Okay.

I guess we're gonna get started.

Um the clocks that one's not working, that one's a little bit slow, so it is five o'clock.

Today is September.

Well, no, it's not.

Even Apple says it's not.

Five o'clock.

But I was given the instruction to start.

So here we are, September 16th, 2025.

Today is the meeting for the hearing officer of the City of Tempe.

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

I'm gonna read something into the record, and then we have a real short agenda this afternoon, so we cannot let you all get to your evening.

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 will be collected as an assessment against the property in violation of the code.

On today's agenda, we have two items.

We have a set of minutes from September second, twenty twenty-five, and we have one property abatement.

Agenda item number three is gonna be continued to a future date to provide for proper notification to that property owner.

The deadline for appealing any decision rendered today is 3 p.m.

on September thirtieth, 2025, and 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 dis decision to file an appeal or bring the property into code compliance.

Thank you guys for setting this up and for being here and helping me this afternoon.

So we can jump into our agenda.

The first item is the consideration of minutes from September 2nd, 2025.

I had a chance to review the minutes when Cassidy sent them to me after the hearing, and I think they accurately reflect what took place at that hearing.

So I'm gonna approve the minutes from September 2nd, 2025.

Agenda item number two is a request for approval to abate public nuisance items at the Florio property.

This property is located at 850 South River Drive, Unit 1051.

The applicant is the City of Tempe Code Compliance, represented this afternoon by compliance inspector Michael Moreno.

Good afternoon.

Good afternoon, Madam Hearing Officer.

Thank you, Madam Hearing Officer.

My name is Michael Moreno, and I am a code compliance inspector with the City of Tempe Code Compliance Division.

I'm here this evening to request a 180-day open abatement for the property located at 850 South River Drive, Unit 1051.

Tempe, Arizona, 85281.

This case was initiated on May 15th, 2025 for the violations of foul odors emitting from the property and junk trash and debris.

This case was initiated on May 15th, 2025 for the violations of foul odors emitting from the property and junk trash and debris after code compliance received an anonymous complaint about foul odor emitting from the property.

On May 16, 2025, an initial inspection was conducted and the violations were confirmed at that time.

The first notice was mailed to the property owner, Nicholas Florio.

On June 4th, 2025, a follow-up inspection was conducted at the property.

The violations had not been corrected, and a final notice was mailed to the property owner, Nicholas Florio.

On June 18th, 2025, another follow-up inspection was conducted at the property.

The violations had not been corrected.

I was able to speak with Mr.

Florio at the property regarding the violations.

A two-week extension was granted at this time, with the deadline being July 2nd, 2025.

And just let me interrupt you.

What did he say?

Essentially, along the lines of he will get the property into compliance, but he would be hard to contact because his phone had been shut off.

He had no uh mailbox key at the time to receive any of the notices that were mailed out.

Um so at that time I uh essentially granted the extension to allow him to get the property into compliance.

Okay, thank you.

On July 2nd, 2025, I attempted to contact Mr.

Florio at the property, but received no answer.

A citation was issued to Mr.

Florio.

Uh Mr.

Florida failed to appear in court, and the citation was not paid.

From July 15, 2025 to August 4th, Tempe Code Compliance had received multiple complaints regarding the junk trash, debris, and odor emitting from the property.

On August 7th, the notice of intent to abate was mailed and posted to the property.

I would now like to present photos taken today of the existing violations.

Thank you.

The ones I have in my packet are dated August 7th.

So here we have just an overall view of the property.

This is on the northwest side looking southeast.

Um these are town home condos, so there is a unit on the bottom and a unit on the top.

Uh the unit that we're referring to here is on the bottom 1051.

And he has three separate patios, which will be pointed out here.

Here is the first one, the main door, the second one here by this gate, and then the third one over here.

We can see the front door and front patio area.

We have a lot of uh miscellaneous cardboard boxes and debris, along with a bunch of water bottles and miscellaneous uh can uh containers and wrappers, along with a bag of potting mix that is also emitting a foul odor.

We also have miscellaneous boxes here on the back, along with some tabletops and some other items as well.

Here we have the first side patio.

This would be facing east.

Um here we have uh cardboard boxes along with a bunch of wrappers and other towels and tarps, bags of miscellaneous trash scattered throughout this patio area here.

Um of these patios at this property are all emitting a foul odor.

Do we know what the odor is?

Our best assumption is all of the bags of JTD that are sporadically scattered throughout the patios after being rained on and sitting out in the sun.

They're kind of emitting uh a very foul odor.

Here we have the third patio area.

This is also facing east.

This one we can see a lot more of the empty water bottles and food wrappers that have been left out in the elements.

Essentially, everything is deteriorating.

Um, like I said, we have a lot of boxes, um, and then underneath there is also um copious amounts of tarps and other uh outdoor items as far as like uh manure or potting mix and things like that.

As stated before, I am seeking a 180-day open abatement for the violations of junk, trash, and debris 21 3B1, located at the 850 South River Drive, Unit 1051.

Thank you.

Thank you.

Well, the photographs certainly speak for themselves.

And you know, it's a nice looking complex, but boy, just behind those walls, there's a totally different story.

Um Mr.

Defar, is there anyone on the line wanting to talk about this item?

Madam Hearing Officer, no one online.

Okay, and I'll make a note for the record there's no one here in the chamber other than City of Tempe staff.

Um, given the fact that the property has just continued to decline versus the photographs I had in my packet versus what we saw today that were dated today.

Um, the property owner, even though you spoke with him, he said he was going to remediate the property.

Clearly hasn't done so.

So I'm gonna go ahead and um approve the 180-day open abatement for the property located at 860 South River Drive Unit 1051 contained in KCE 253021.

Thank you.

Thank you.

Madam Here, can you just correct the address on the record?

Did I mess it up again?

850.

850 South River Drive.

What did I say?

Oh, 860.

Okay, thank you.

Sorry for that.

Um, do we have any announcements?

Madam Henry, one announcement, Madam Hearing Officer.

Our next hearing officer is scheduled for Tuesday, September 30th, here in the council chambers at 5 p.m.

and live on Tempe 11.

Great.

Thank you.

That being said, we're adjourned.