Good afternoon.

Today is Tuesday, September 30th, 2025.

This is the hearing for the hearing officer for the city.

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

I'm gonna read something into the record, and then we'll go ahead and jump into our agenda, which isn't very long this afternoon.

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 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.

On today's agenda, we have three items.

We have a set of minutes from September 16th, 2025, and two property abatements.

Also, I need to um let you know that 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.

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

Joining me this afternoon from code compliance are Cassidy McFarron and Sean DeFara to my left.

So I'm gonna go ahead and approve the minutes from September 16th, 2025.

The second item on the agenda is a request for approval to abate public nuisance items at the Kimball property.

Represented this afternoon by code compliance inspector Andres Laura Reyes.

Uh the property was inspected by another inspector on March 5th, and it was found in violation for trash litter debris, inappropriate vehicles, unregistered vehicles, vehicles being repaired in the driveway and deteriorated landscape.

Uh this case was uh reassigned to me on May 2nd.

I inspected the property on the 7th of May and found the property in violation for trash, litter and debris, inoperable unregistered vehicles, vehicles being repaired in the driveway and deteriorated landscape notice to comply was mailed out on May 7th.

I re-inspected the property on May 22nd.

There were no changes or improvements by the owner.

Uh this time a final notice to comply was uh mailed out on May 22nd.

On June the 10th, I made out a second final notice to meet city code requirements for vehicles being repaired in the driveway.

They're allowed three times uh for repairs in the 12 month period.

So I want to I went ahead and sent out a uh second final to meet that requirement for city code.

Uh I mailed out a second final to meet that uh on June uh 25th.

So on July 1st, I post the door hanger to the property to correct violations by uh July 8th to avoid a citation.

I have also uh left uh several messages for the owner to no response, no response.

Okay, yeah.

Uh citation was issued uh July 9th for uh trash and debris, inappropriate unregistered vehicles, uh vehicles being repaired in the driveway.

Uh the owner failed to appear in court or pay any fines, it was default, and the case was uh referred to collections.

So there has been no contact, like I say, from the owner.

Uh I left several messages.

Uh at this time, I would like to present uh photos as of uh this morning.

Okay, thank you.

What's that now?

Yeah.

Uh when we do that.

Oh, okay.

Thank you.

Yep, that'll work.

Okay, thank you.

Yep.

Yeah, this is the uh condition of the property as of this morning.

You can see on uh unrichister vehicle on uh on blocks there, still being repaired.

Uh lots of trash and debris blocks, uh vehicle parts.

And as uh this will be the uh the south side of the property, as you can see uh you know, some debris, um wood slats and some other trash towards the back on the side yard there.

So it's just like scrap and trash bags and stuff like that.

They've been there for months.

Um this is kind of like the front south side of the property.

Uh they have left some uh tree branches debris there, possibly for bulk pickup, but just want to make sure that if they don't, you know, they don't pick it up or they don't comply.

Right.

Uh we'll pick it up.

And this is the uh this is the front of the property.

So this morning, you can see uh, you know, trash litter debris, the three branches debris, and then because of the recent rains, there's also some uh grass and weeds growing over the gravel there a little bit on the front and north side of the property.

Okay, and just for the record, I'll note that the pictures that I was given in my packet, I don't know, a week and a half ago.

There's been no measurable change from from uh nothing.

Nothing, yeah.

From one to the other.

Okay, and you said you were asking for one hundred, yeah, 180 day uh open abandonment.

I'm sorry.

Uh yeah, I apologize for that.

Yeah, for the trash there and debris.

Okay, inappropriate vehicles and landscape.

Okay.

Thank you.

Um Mr.

DeFara, is anyone on the line wanting to speak on this agenda item?

Madam Hearing Officer, no one online for this case.

Thank you.

And I'll call to the public.

Is there anyone here wanting to speak about agenda item number two?

The Kimball property located on South Alder Drive.

Um, I don't see anyone, so um, I'll go ahead and close that portion of the hearing.

Well, based on the fact that this property owner has not had any communication with you, has not responded to your many notices given since March, which is five and a half months.

And the photographs speak for themselves.

There's been no measurable change.

I'm gonna go ahead and approve your 180-day open abatement for the property at 3911 South Alder Drive, contained in case CE251429.

Thank you.

Thank you, Madam Hearing Officer.

How good evening?

You too.

The next item on our agenda is a request for approval to abate public nuisance items at the Rhodes property.

This property is located at 1212 East Greenway Drive here in the city of Tempe.

The applicant is the city, um, represented this afternoon by Code Inspector John Salazar.

Good afternoon.

Good afternoon.

Thank you, Madam Hearing Officer.

My name is John Salzer, and I'm code inspector supervisor with the City of Tempe Code Compliance Division.

I'm here this evening to request 180-day open abatement for the property located at 1212 East Greenway Drive in the beautiful city of Tempe, Arizona, 85282.

This case was initiated on December 23rd of 2024 by a public complaint for violations of junk trash debris in the front and rear of the yards, a deteriorated roof, obstruction of the street or sidewalk, deteriorated gate or fence, and dead palm fronds in the front yard.

On December 27th, the property was inspected and the violations were confirmed.

A first notice was mailed to the homeowner, Claire Rhodes at the 1212 East Greenway Drive property.

On January 13, 2025, a follow-up inspection was conducted, and the violations were still present with minimal improvements.

A final notice was mailed to the homeowner as well.

On January 27, 2025, an extension was granted to allow additional time for their property to be brought into compliance.

On January 29th, 2025, February 25th, and February 26 of 2025, code compliance received anonymous complaint calls from concerned residents about the property.

Between uh February 26th and 814 of 2025, Miss Rhodes was given several extensions to bring the property into compliance, as she was also dealing with a roofing company to repair her roof.

Myself and Inspector Heredia met Mrs.

Rhodes at the property several different times to discuss the violations as well as email contact back and forth.

Code compliance also received multiple additional complaints regarding the junk trash debris at the property.

At that time, there can the obstruction to charity gate and dead palm front violations were brought into compliance.

On August 29th, 2025, the notice of intent was mailed to the property and posted to the front of the property advising the abatement hearing was scheduled for September 30th, 2025 at 5 p.m.

On today's date, I conducted an inspection of the property to verify the violations.

We're still present.

Mrs.

Rhodes admitted she removed uh some items from her back patio area and brought them to the front yard to give them away at a garage sale.

I would now like to present photographs taken this morning of the existing violations.

Thank you.

So here's a picture of the uh front of the property.

As you can see here in the photo, Mrs.

Rhodes has put up some kind of lattice uh barriers, fences that weren't there at the beginning of the violations.

And I'll show you why I think those uh barriers were placed.

Here's a picture of what's behind currently the barriers.

As you can see, there is a multitude of junk trash debris, there's bags, there's pillows, discarded furniture, plastic containers, bottles, uh a whole gamut of items that are placed there in the front of the yard.

And as you can see behind this uh canopy or cloth, if you will, there's uh multiple items behind there as well, and then not shown in the photo.

You can see around the uh front patio here, there's multiple items back there as well.

Here's another picture of the front yard, just a little portion over.

Um, as you can see in this photo, just to the east, she has multiple bags, uh junk trash debris kind of built in this little retainer here.

What you can't see in the photo here, madam hearing officer is back behind these trees, is multiple other items of junk trash debris, and they're starting to pile up here as well.

But you can see them, and I have another picture, it'll kind of be a close-up of all that as well.

Here's a close-up of that retainer area and all the items that are in there.

As you can see, there's uh black trash bags, uh manure, I'm not sure compost, a bunch of other things all packed in within that little area there.

As we move on to the backyard, this is from the east part of the backyard.

Uh, as you can see, the whole back patio is kind of trying to be enclosed with all of these uh tarps, if you will, or these clothes trying to, as you can see throughout the whole yard, there's junk trash debris spread out, there's plastic buckets, there's blankets, there's bags, there's um you name it uh as you can see in here, there's a bunch of black trash bags located in the back part of the property as well.

And I just wanted to point out here as you can see, um, this whole back patio is covered with these tarps, and it looks like the side here is all full as well, and that whole back patio is full of junk trash debris, as you can see.

And just for the record, I want to note that the backyard looks pretty much the same as the photographs that I have in my packet, which were dated about six weeks ago in the middle of August.

The front yard, however, has gotten worse.

Much worse, yes, much worse in the past six weeks.

So okay.

Just a separate view of the backyard as well, just kind of a close-up as you can see, all of the debris here, um, a lot of wood metal.

There's a step stool here, all of this uh furniture looks deteriorated, and just kind of a close-up as you can see, all of these um cloth sheets that she has up here, they're starting to deteriorate and rip.

This is gonna be from the west side of the backyard.

If you'll notice on the pardon me, if you'll notice on the other side, it looks like here uh some more storage area, if you will, uh was handmade with all of these cloth garments.

Um, you can see right here there's a whole stack of junk trash debris.

That was the best photo that I can get from the alley.

But you'll notice here we've got an ironing board, we've got multiple blocks, there's large pieces of wood, there's multiple cinder blocks here, plastic containers, blankets, trash debris all sprown out throughout the whole backyard.

And as you can see, all of these cloths here are damaged or deteriorated or ripped, showing that there's items underneath the back patio.

A few more photos, a little bit of a close-up of that side view.

As you can see here, all of the junk trash debris that's kind of stacked up on there, and all throughout here, just some of the other items that are misplaced.

Here's a close-up of an ironing board, uh, big large pieces of wood slats kind of spread out through the property, a metal trash can and some other debris in there.

Just a close-up of the uh tarps that she has up.

You can see that they're all deteriorated and ripped, and there is items underneath there, just a closer look of all the plastic containers and the um blankets, trash debris that's kind of sprung out through on there as well.

And one more just a little bit of close-up of all the tarps.

You can see under here that they're all deteriorated and ripped, and that there's items under there, and these items are all sprown out throughout the whole back of the property.

As stated before, Madam Hearing Officer, I am seeking 180 day open abatement for the property at 1212 East Greenway Drive for the violation of Tempe City Code 21-3B1 junk trash debris.

Okay, thank you, ma'am.

Thank you.

Um is there anyone on the line wanting to speak about this agenda item?

Madam Hearing Officer, no one online, but we have two people in attendance.

Right.

I thank you.

Um, so I understand we have two people, one of whom I believe is the property owner, and then a neighbor as well.

So I'll take the property owner first.

If you'd like to come up, state your name.

Thank you.

Um in the backyard, those are cushions for a oh, for lounge chairs.

Okay, and the it's covering for cushions or lounge lounge chairs, and so um, and the cinder blocks.

I was hoping to eventually get some money to raise the fence to six feet high because my neighbor just redid their wall.

That's why that's there, and I just didn't have the money to do that while I tried to do the roof.

Um, but I have been trying.

I I will you get a chance before you make your decision to read um what I have.

Um, it's pretty lengthy.

I know some of the bolded it's one, two, three, four pages.

So I've had uh a very uh difficult year.

I've had some health setbacks, and I've had a nonprofit that serves Tempe residents for 30 years, and ironically, uh we've spent hundreds of volunteer hours helping other code compliance people with their issues, and we're a nonprofit, no no out um no paid, we use our own money, take time away from our friends, family, pets, etc.

to to do this work, and I just I just got really overwhelmed.

And um, my mom and best friend died in the same year, and I don't know if you've ever had to take apart somebody's a deceased person's home, but it takes a lot of time, and I've been trying to get those items to people who are newly in homes in Tempe.

So Mayor Woods, you know, likes to get people in the homes, and so what we do is we take their requests for items, and so I have multiple microwaves, I have multiple fridges, all that.

So I've been trying to get those things out from under the eaves there.

Uh I just donated a washing machine to a man whose house burnt down, he didn't have a washing machine, a Tempe resident, a senior citizen.

I just donated my sofa, my mom's um bold-out sofa, my friend's Chase Lounge to a Tempe family that um got all their furniture repossessed because the man lost his job and he had those rent to own things.

So the reason why it's been taking a lot of time is that I've been trying to get, you know, my beloved best friend, my mom's stuff to the people that need them, and I just became overwhelmed.

And I had some health setbacks, I'm a cancer survivor, I've I had long COVID, I had horrible fatigue, brain fog, kind of mental confusion, and um I tried so hard during the heat.

And I'm not sure if you know, but one of the weird symptoms of COVID long COVID is that you can't handle the heat as well, it's like you're allergic to it.

But I I I know Mr.

Salazar, and I know Hector would say that when they drove by, they would see me out there working, and I was pulling things from behind the sunshades.

So it may not have looked like I was getting much done, but the reason I work in the front yard is I'm a senior woman who lives alone, and I didn't want to like have a heart attack or a stroke in the backyard, and nobody sees me, and so I pulled this stuff in front to sort and organize.

And over the last 30 days, I had what's called a free garage sale for nonprofits and their clients, and got a lot of stuff given away.

And this last weekend, I managed to get into compliance on two of the items the palm fronds and the uh I did the limbs and um the tree limbs in the alley.

So two of the three things I got in compliance, but on the third, um, the third one.

Um I had planned a free garage sale this last weekend.

And the forecast said, you know, uh light intermittent showers, but where I live in Tempe, it poured for two days.

So on that sheet, you'll see the marketing blurb I had to have the third and final um free garage sale.

So what I stupidly did is I had pulled stuff out of my house to have it this garage sale, which is why that front yard looks worse, because it all would have been gone uh with this free garage sale because I had such luck before.

So I've been trying so so hard, and I worked so hard to help the citizens of Tempe, and it's so ironic that one of the main things we do besides helping veterans, seniors, animals, and the environment is helping people with code compliance, you know, who are struggling, and now I'm that person.

Um so I I know you don't have to show me mercy.

I get that, and I know it doesn't look better, but that whole back that you see, I pulled there was items stacked from the floor to the ceiling, and that's all all gone, except for a few items that you could see below.

So it I have sorted through two-thirds of the items.

I've gotten two-fifths of it transported to nonprofits, but I mostly deal with nonprofits that are volunteer run, like we are, and so I'm at my wit's end to get them to get a volunteer to come get it, and they'll only come if you have a big enough load.

So I've been struggling to sort things, but I know that you will say, You've seen me out there, right?

You've seen me out there working, and I know Hector has as well.

So I'm not one that hasn't been engaged or trying.

Um, but I understand that it doesn't, you can't tell because you can't see what was you can't caspeak back.

I can't tell because uh it was behind the sunshades.

Almost all of us have had been on the receding end of code compliance violations because he uses uh code compliance as a way of getting back at us all.

So another man actually was gonna get a restraining order against him, and I was as well.

He shows up on my property when I'm trying to work, he observes me from his property.

He even um use his outside stairs to get on the roof to watch me.

He used an eight-foot pole to rip down my sunshine.

You know, I'm gonna stop you right there only because he's not here.

No, I know, but that's and he is not the issue.

But I'm no, I get it, I get it.

But the initial violation came from him only being able to see and come on my property when the police have told me him not to be on my property.

So the initial violation, you know, if you looked at my house from the outside or that, you couldn't have seen it.

So his pictures or you know, violations that only he could see is what I'm getting at.

Okay.

But I I I've really I've really tried hard, and I know you don't want to, you don't have to show me mercy.

I have a free garage sale for nonprofits planned for this weekend, and I know that most of that stuff's gonna go.

Um, and at the end of this weekend, I was gonna on Monday take the rest to Deseret thrift store, which is uh a nonprofit.

Um, but of course it was wet, and the items would have been discarded.

So I lost three days, you know, two days with the rain and one day trying to dry things out and wash them and things.

But I I'm really trying hard, and I've tried to be a really good citizen for for Tempe.

And a lot of the recycling bottles you see there, the cans and stuff, we turn those into recycling to get money to give to low-income Tempe residents to do veterinary care.

That's why those, you know, it looks like trash.

We we turn those in for recycling, and so far we've made 300 bucks just in the last couple of weeks.

So, but I'm holding it back because uh, you know, because I may have fines.

Okay.

But uh I really I I'm pleading for your I'm pleading for your mercy.

If you could just postpone it, just even two.

I don't understand, I didn't understand the last bit of what you said about two weeks and well could we reiterate what I read into the record is if I make a decision today um to have your property abated, it doesn't happen tomorrow.

You know, trucks don't pull up tomorrow.

There's a two-week period during which you can either bring the property into code compliance, and I don't mean a little bit into compliance, I mean the entire property into compliance, and you have a very long way to go until this property is in compliance with the code.

So you have you can file an appeal within that two-week period, which would go to who does it go to adjustment.

I'm sorry.

Or you can remediate your own property.

If you did that, if you um solved the problems on your property to the satisfaction of the code compliance inspectors, then the abatement would go away.

But you have a lot of work to do here, right?

And I'm a hard worker.

No, well, I know, but you're also ill or recently ill and have some physical limitations.

Well, and I suspect that a lot of this work I couldn't do.

I mean, and I'm not sick.

I'm pretty healthy and I'm a pretty hard worker, but well, and I'm very motivated because 18 years ago I donated my house to a nonprofit to house homeless veterans and to also foster animals.

So I want to get it cleared up so that if I die suddenly, it's ready to go.

Okay, and I applaud you for your nonprofit efforts, but that's not the issue.

No, I understand.

I understand it's a problem.

I understand it's a problem.

I understand I I you know it looks bad.

I I and I know it's hard to see how much progress considering it was like a 3D puzzle behind those.

Yeah.

I I mean, I've gotten and and bulk trash was just there, and I had so much out there that I've been ruined in here.

And at some point you're just robbing Peter to pay Paul, moving something from over here and putting it over there and doing things in a lot.

So it doesn't make any progress.

But I um is there any way you can oh no?

Let me speak.

So I will have this entered into the record, and I've heard your um your pleas and everything, but we also have your friend here who came to speak this afternoon.

So I'm gonna go ahead and have you take a seat and answer.

Before she says, Don, can we can you state her name in city residency?

Just state your name just for the record.

Clara Rhodes in your city residency.

Tempe.

Perfect.

Um and she is the property owner.

We're not at that point yet, ma'am.

Right.

You need to take a seat, and I'm gonna pull your name.

Thank you for your time and consideration.

I'm sorry, I'm just so distressed.

Thank you.

Um, so if you'd like to come up, sir.

Um I'm gonna have you state your name and address for the record because I cannot read your writing.

I'm a multi napolos, and I do live in the city of Tempe, except temporarily I'm living in Phoenix because I have had a fire has fire damage.

Um so I'm kind of puzzled as to how we got over here.

I mean, to this stage, because she told me about an abatement officer, and I've never never heard about that before.

So is it was there supposed to be a court case in in advance of this or not?

Well, um I can give you in a nutshell um how things have transpired.

So in December of last year, December of 2024.

Yeah, she she she she had several notices and final notices.

Let me speak since you're questioning the process.

A complaint was filed, and anyone who lives in the city of Tempe is allowed to file a complaint.

They're done anonymous anonymously most of the time.

Um if they believe that a name properly.

Hey, you need to let me speak.

Oh, one of those things.

Okay.

I'm just trying to explain to you the process because this process has been going on since last December.

Right.

Okay, there have been multiple complaints, multiple extensions granted by code compliance.

And despite all of that, the property still is not in compliance with the Tempe City Code.

So that's what brings us here today.

And now this is the so this is the first step is it goes, it doesn't go to court, it goes right to abatement here.

This is the culmination of many many months of attempts at having Ms.

Rhodes bring her property into compliance.

So what happens here is we collectively um as a city, me as the hearing officer, I can decide at this point that you know what it's been long enough.

We we've heard the pleas, we've granted extensions, there's been complaints filed, and now it's time for the city to move in and abate the property.

And that what that abatement means is the city will go in and clean up the property so that it's in compliance with the code.

So that's what brings us here today.

This didn't happen overnight.

So court has nothing to do with this.

No, code has everything.

No, court, I mean court, court, C O U R T City Courts.

No, um has not gone to court to Superior Court.

Well, well, first it would go to I assume, but I don't know the process in Tempe that they would go to Tempe Municipal Court.

But is this gone to interest of Mrs.

Rhodes's financial issue?

Go ahead and come up.

Yeah.

No, it has not, Madam Hearing Officer, in the interest of Mrs.

Rhodes's financial distress that she has told us about before.

We did not issue her a citation.

Okay.

So that's another level of grace that she has received from the city because a lot of these cases go are taken to municipal courts where fines are imposed, and that's not helpful to her cause.

And so um again, code compliance has been trying to work with the property owner.

Yeah, okay.

Well okay, I guess uh I guess I'm just not familiar with the with the process.

So instead of uh getting fines, she's now getting like uh eight thousand dollar um lien against the property, I guess.

Correct.

Wow.

Okay, well, okay.

Thank you, sir.

Yeah.

I appreciate so I guess the only thing I could bring to the process is that I don't know if all the pictures were taken properly from beyond the property line, but yeah, it's that would be that would normally be an issue that would come up in code, but since there's no code, I guess it doesn't come up.

Okay, thank you, sir.

Mr.

Schofield.

Yes, madam here now.

So I was just gonna say that uh I can talk to the gentleman and to Miss Rhodes afterwards and explain our process.

So I can I can better explain it to them.

Okay.

May I explain to me?

May I explain who he is?

No, it doesn't matter.

He's the person we help with the code compliance.

We volunteered at his property once.

Okay.

Yeah, we have his name and address or city of residence.

So thank you everyone for coming this afternoon.

Um I understand your predicament.

I really do, and I understand that you're in a jam, but nevertheless, um, in this situation, I believe that I have to represent the interest in all of the citizens of Tempe.

And some of those citizens are your neighbors.

And you may believe it's only one neighbor who's been complaining.

I don't know that it may be multiple neighbors who are not wanting to look out and see this property in the condition that it's in.

And it's gone on for a very long time, you know, December of last year, and you've been shown grace by code compliance in that they haven't taken you to municipal court.

You've been given multiple extensions, and nevertheless, the property has not been brought into compliance.

So it is within my authority, and I think I'm acting up no, and I think I'm acting appropriately to grant the 180-day open abatement request that the city is um asking for in this case because I do think that you've had more than ample time to bring the property into compliance.

So therefore I'm approving the 180-day open abatement request for the property at 1212 East Greenway Drive, contained in case CE 248534.

Thank you.

I'm sorry, Mr.

Defara.

Do we have any announcements?

Madam Harry Officer, one announcement.

Our next hearing is scheduled for Tuesday, October 21st.

Uh here at 5 o'clock here in the Tempe Council Chambers and live on Tempe 11.

Okay, so we're skipping a oh that's right.

There's a holiday.

Yes.

Okay.

October 21st.

Perfect.

Thank you very much.

That concludes our agenda.

So we're uh we're adjourned.