Good afternoon.

Today is Tuesday, January sixth, twenty twenty six.

Um, happy new year to everyone uh here this afternoon.

This is the first hearing of the month for the City of Tempe Hearing Officer.

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

We have a brief agenda this afternoon, but I'm gonna go ahead and read something into the record before we hear our cases.

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.

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.

As I mentioned previously, we have a set of minutes from November eighteenth, twenty twenty-five.

Um I had a chance to review the minutes when uh I they were sent to me, and I believe that they accurately reflect what took place at that hearing.

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

This property is located at 501 East Pegasus Drive here in the city of Tempe.

The applicant is the city of Tempe, represented this afternoon by Code Compliance Inspector John.

Come on up.

Thank you, Madam Hearing Officer.

Okay.

My name is John Fido.

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

I'm here this evening to request a hundred and eighty day, eighty-day open abatement for the property located at 501 East Pegasus Drive in Tempe.

The case was initiated via public complaint May 9th, 2025 for a violation of junk trash and debris throughout the property and a green pool.

On May 12, 2025, the property was inspected, and the previously mentioned violations were confirmed.

First notice was mailed to the homeowner, Jeffrey Jasinski at 501 East Pegasus Drive.

On May 29th, 2029, 2025, a follow-up inspection was conducted, and the violations were still present with no improvement.

A final notice was well mailed to the homeowner.

Between the dates of 616 and 623, 2025, the code enforcement unit attempted contact, attempted to contact Jasinski via phone and the listed residents.

An occupant at the residence who identified herself as Melissa said Jasinski was out of town and provided a number for him.

Jasinski was subsequently contacted by number and said he was addressing the violations.

During this conversation, he was given an extension of until June 30th to address the violations.

On June 30th, 2025, I conducted a follow-up inspection at the location and noticed minimal improvements.

I contacted Jacinski in the front yard of the residence and had a conversation with him about coming into compliance with the violations.

I advised him I'd be back in seven days.

Between July 7th and August 8th, 2025, I conducted four separate inspections that revealed minimal progress and no contact with Jasinski.

A male occupant at the home said he was unable to wake him, wake him up to answer the door.

I let the occupant know Jasinski would be cited if he did not address the active violations.

On September 7th, 2025, a second public complaint was received in reference to the junk trash and debris located in the yard.

After several extensions to bring the property into compliance, Jasinski was issued a citation on September 10th, 2025 for junk trash and debris in a green pool violation.

On September 24th, Jasinski failed to appear for the court court date.

On December 4th, 2025, the notice of intent to abate was mailed to the property and posted to the front door of the property, advising the abatement hearing was scheduled for January 6, 2026 at 5 p.m.

On today's date, I I conducted an inspection of the property, verifying the existing violations.

I observed junk trash and debris located in the front and rear yard of the home.

Thank you.

The latest photos I have in the packet are um December 4th.

So they were a month ago.

So it's always nice to be able to compare what's taken place, if anything, over the past month.

So if you're looking at the west side of the home.

Right here.

Talk to the mic joint.

What's it?

Oh sorry.

Sorry.

So on the west side of the home, it looks like some uh junk trash and debris starts right in the corner there.

Looks like some rolled up um carpet or or vinyl along with some garbage bags there.

Um it runs across the front.

It almost looks like uh like a uh wood, um some type of wood object leaned up against the house, a mop bucket, uh, a rubber tire, uh, some more plastic, a plastic bag um in front of the garage.

Um, and you have the extension cords right here that have just been laying there.

There's packing tubs, plastic packing tubs with good plastic garbage bags surrounding the tubs.

There and a box sitting on the tub.

So if you make your way back east, right here, we're looking at the same thing I just described.

But if you uh move over here, you're gonna see some chairs, some plastic buckets, some more trash and debris here.

You've got blankets.

It looks like a bed frame over here that's uh a portion of the bed frame that's just laying up against the wall.

And looking at the house, um the most eastern part of the house now.

Uh you see the bed frame there.

Um you see uh garbage bags, towels, uh maybe some blankets right in here.

Um, and plastic buckets in back.

Looking at the rear yard.

So this is from the uh southeast corner of the of the rear yard, the block wall, looking in a westerly direction.

Um you're gonna see all kinds of junk trash and debris right here, plastic buckets, uh, plastic bags, garbage bags, looking at deteriorated, uh furniture, all kinds of debris on top of there.

Um you have wood piled up or leaning against the the fencing over here, uh broken portion of the fencing right here, or wood metal pieces right here leaning up against the wall.

So it's it's pretty much strewn throughout the west side of the property right there.

And from that southeast position, just looking directly north, you're gonna see the same kind of junk, trash, and debris right here.

You get your plastic buckets, um, several.

Um looks like some old carpet, some pieces of wood, um, all kinds of junk trash and debris that's uh in between this uh shed and the home itself, and uh some metal pieces.

So, madam hearing officer, as stated before, I'm seeking a hundred day 180-day abatement for the violation of the city tempe nuisance code 21 uh.3B1, uh junk trash and debris for the items in front, sides and rear of the property located at 501 East Pegasus Drive.

Thank you.

Um thank you for the thorough presentation.

I did know in the front there was previously a dresser in front of the garage door, no longer there.

Um, but we don't know what's inside that tube structure, you know, with the cage around it, the vinyl around it, and then significantly the backyard is now worse than it was a month ago in these photographs.

So I don't know if it's just been shuffled around or if maybe someone came and picked up the dresser, but um there not that I can see there's not been a huge significant improvement in the condition of the property.

Um Mr.

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

No, Madam Herring Officer.

No.

And for the record, I'll note that there's no one here in the chamber wanting to speak on this agenda item.

Um, this case has been was initiated eight months ago, as you said in May, and I think you've been very generous in the extensions that you've given uh Mr.

Jasinski, and he just has not been responsive and only made the bare minimum of progress towards bringing this property into code compliance.

So, due to his lack of communication, didn't even show up to court, um, and the fact that he's not done enough to remediate these violations.

I'm gonna go ahead and approve your 180-day um open abatement of this property located at 501 East Pegasus Drive, contained in case CE252852.

Thank you.

Thank you, ma'am.

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

This property is located at 321 East Beatrice Street.

The applicant is the City of Tempe Code Compliance represented this afternoon by Code 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 am here this evening to request a 180-day open abatement for the property located at 321 East Beatrice Street, Tempe, Arizona, 8528.

This case was initiated on June 10th, 2025, after code compliance received an anonymous complaint about people living in the rear yard of the property.

On June 11th, 2025, I conducted an initial inspection, and the violations were confirmed at that time.

The first notice was mailed to the property owner, Keith Kelly.

On June 25th, 2025, I conducted a follow-up inspection at the property.

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

On June 30th, 2025, Mr.

Kelly spoke with Code Compliance Supervisor John Salazar regarding the violations.

At that time, he was referred to Tempe PD for the homeless living in the rear yard of his property.

On July 10th, 2025, I conducted another follow-up inspection at the property.

The violations had not been corrected.

Mr.

Kelly stated that all of the trash and debris in the rear yard was brought there by the homeless.

At this time, an extension was granted with the next re-inspect scheduled for July 25th, 2025.

On July 28, 2025, I conducted another follow-up inspection at the property.

Little progress had been made to correct the violations, and the homeless were still living in the rear yard.

Quote soon.

At that time, a second extension was granted with the next reinspect scheduled for August 11th, 2025.

On August 15th, 2025, after confirming the property was still not into compliance, a citation was issued to Mr.

Kelly.

A hearing was requested for October 9th, 2025, where Mr.

Kelly pled responsible for the violations.

The fines for the citation have been paid on October 9th, 2025.

On November 14th, 2025, the notice of intent to abate was mailed and posted to the property.

Thank you.

Again, I'll note for the records the one in my pack or the photos in my packet are dated November 14th.

So it's been a while.

Yes.

So the first few photos here are going to orientate us here at the front of the property.

This is on the south side looking north.

And I know it's it's a little difficult to see there.

Um Mr.

Kelly actually did rent a roll off dumpster here from the city of Tempe.

Um and he has that here in the front yard to try to remove some of that junk trash and debris that's on the property.

From the northwest corner of the property.

Here in the carport, as well as we can see this dumpster here that he has placed to try to get rid of some of that junk trash and debris.

Um and debris that is scattered around, uh boxes, straps, other fabrics.

Here is a separate angle here on the other side of the truck just to illustrate that we have some household items out here, um, other containers, electronics, and things like that.

This next photo was taken in the alley on the north side of the property.

As you can see, we have buckets and miscellaneous containers here on the outside in the alley.

And we can actually see some of the tarps uh from the makeshift structures in the rear yard as well.

This photo was taken in the alley on the northeast corner of the property here.

As you can see, we have a lot of scrap metal, miscellaneous bins, and I have a photo here next that'll show these are makeshift structures right here, makeshift shelters, tents that are built with tarps and uh other miscellaneous fabrics.

Here's kind of a closer picture of some of the junk trash debris in the uh northeast corner of the property there.

We have suitcases, miscellaneous uh vacuums, boxes, uh, scrap metal, wood, things of that nature.

And I know it's hard to see under here.

There's a lot of suitcases and miscellaneous fabrics and clothes underneath this makeshift uh structure there.

This photo was taken at the northwest corner of the property there in the alley overlooking the rear fence.

As you can see here, we have miscellaneous containers, uh, debris, fabrics, buckets, um, rags, scrap metal, um, lots of miscellaneous wood all throughout the back there.

Once again, this was taken over the rear fence in the alley at the north end of the property.

We can see here we have miscellaneous carpets, barrels, household items.

Um, here you can kind of see the tarps, uh, household items, some clocks.

That's a little difficult to see with the light.

Um, boxes, shelving metal, all littered throughout the rear yard.

And the last photo here, once again, is on the north side of the property taken over the rear fence.

Uh, this one is zoomed in just a little bit.

As you can see, we have some shopping carts, uh, other bins, boxes, uh, broken down wagons, bicycle wheels, uh, and we even have some appliances here in the back.

Do we know where the rear door is on this house?

Yes, I believe the rear door is over here actually.

Um it's hard to see because of the angle of the photo, uh, but this is the rear porch, and it's kind of screened in, but it is back here, kind of behind this tree here.

If someone in the home needed to exit because of an emergency, do you think they could do so safely?

I believe that they could exit um the safely part.

I I'm not quite sure.

Um I know I've I've spoken with Mr.

Kelly out in the rear yard before.

Um, it is not easy to move around in the in the rear yard with the amount of things back there.

Um, but yes, there I couldn't tell you as far as the safety part, but yes, absolutely.

Okay.

As I stated before, I am seeking a 180-day open abatement for the violations of trash and debris.

TCC 21-3B1, located at the 321 East Beatrice Street, Tempe, Arizona, 85288 property.

Thank you.

Um, thanks again for the photographs and the thorough presentation.

Um, I always like to be able to compare with what I've been given in my packet.

So is there anyone on the line wanting to speak on this item?

Madam Hearing Officer, there's no one online, but we do have one member of the public wishing to speak tonight.

Okay, thank you.

I believe we have the property owner, Mr.

Kelly, um, in the audience.

Did you want to um come up and speak to the presentation that Mr.

Moreno just gave?

Okay, if you can come up.

Thank you, sir.

If you could just give us your name in the microphone for the record, please.

Thank you.

My name is Keith Kelly.

Thank you.

And uh, you are the property owner at 321 East Beatrice Street.

Yes.

Thank you.

Um, well, you saw the photographs that Mr.

Moreno just presented.

Um, and so you see the condition of the property as of this morning.

Is there anything that you would like to add to what he said?

Any greater context for the code violations on the property.

The code compliance people have done a great job working with me on this issue.

It's been the second worst nightmare of my life.

I allowed a person to move into the backyard back in April until her husband was able to post bond and get out of jail, and then they were supposed to leave.

And we will stall and we will cost you a fortune.

And even then you may not get rid of us.

And uh they tried to keep to their promise.

And uh things are progressing.

I've got that that rental phone now, and I'm getting stuff out, but it has been a process.

I turned 70 day before yesterday, and uh I'm not quite as fast or as strong as I used to be.

And um that's been a learning experience.

But things are picking up and are getting better.

Um what's that uh the abatement thing?

Was it an eight-month abatement thing?

I'm sorry, I misunderstood.

Okay, in the previous case, what I mentioned the eight months is from the initial date of the complaint of you know, when someone called in and said, Hey, this yard is getting out of hand to today when the property is scheduled to be abated.

It was an eight-month process.

So, and like you said, Mr.

Moreno has been patient with you.

He's been trying to work with you to get these the property into compliance, and you had a whole nother issue with the squatters that you had on your property, but it sounds like that's been taken care of.

So now what remains on the property is all of the junk trash and debris that the squatters had brought onto your property.

And so this case from the initial complaint seven months ago to today, that's been a seven-month time period.

Um I am happy that you rented the roll off dumpster, but again, you know, to your point, it's not easy to hurl stuff over into a dumpster and drag it from the backyard, I can imagine.

So that will take some time and probably a number of different uh trips for that dumpster to take to the dump to empty it and that whole process.

So the the process here today is that um I will render a decision on whether I believe this property needs to be abated.

And the abatement means that after two weeks from today, if the property isn't brought into compliance, the city will come in with a contractor that they hire, and they will clean the property for you.

And so that way it's kind of a reset on the property.

You don't have that cumbersome process to go through and the city takes care of it for you.

Um, there is a charge for it, um, and it's based on the amount of junk trash and debris that the contractor has to haul away and dump and so on and so forth.

Uh, but it's a process I think is a good thing for a property owner like yourself, where you have this you know, monumental task in front of you, and instead of trying to chip away at it here and there, it just allows it to you know be all brought into compliance at once.

Uh the and correct me if I'm wrong, Mr.

Yokum, but I believe the cost of the abatement is um placed as a lien on your property.

So if and when you would sell that property, the lien amount would come off the top of the proceeds of the sale.

Is that correct?

That is correct.

Once the abatement is conducted, the property owner has an opportunity a several week period to pay the invoice at your at your discretion.

If it's not paid, then the alternative would be a lien placed on the property itself.

I understand.

And so again, it it allows you some flexibility.

If you can't pay the lien, then you can just say throw it on my property, and years from now or whenever the property gets sold, that's when that um lien would be satisfied.

So I think it's a good process.

I think it's helpful to property owners, especially.

We see a lot of people who are they're getting older, they're aging in their homes.

Something traumatic happens in their life, like what you experienced with um your squatters and things get out of hand, but and it allows the city uh to bring the property into compliance for the benefit of the property owner, and then also equally important the benefit of the neighbors who you know don't like to look out of their homes and see all the junk, trash, and debris.

Um the job that the court and for the uh code enforcement people do is probably worth about $30,000 to every homeowner in that subdivision.

We don't have an HOA, and if they didn't enforce the codes, the rest of the neighborhood would look like my backyard.

Um so they have a very important job to do, and I want to get in compliance as quickly as possible.

Um I can take the next two weeks and try to get absolutely as much out of there as possible.

Okay.

If you do that, I will um say that I mentioned previously the cost of the abatement is related to the amount of junk trash and debris still on the property.

So the more you can remove, the lower that um cost of the abatement is going to be.

So um you were here when I made the announcement, you've got the two weeks between my decision rendered today.

If the property is brought into complete compliance, then there is no need for an abatement.

But if it is say halfway through, you know, being brought into compliance, then the city will come in and finish the job for you.

Okay.

Okay.

Yeah.

Madam Hearing Officer, if I may, uh, we also have Jack Schofield Code Compliance Manager in the audience that can speak with you afterwards if you would prefer as well.

Yeah, to kind of walk through details.

Everyone here in code compliance um wants to work with you to help you take care of this situation.

But they have been.

They've done a great job.

Yeah, they're good guys.

So, and women too.

They're just not here today.

Um, but I think the best resolution is for me to go ahead and approve the abatement.

Um, and it is a 180-day open abatement.

Is that correct, Mr.

Moreno?

Um, which will give Mr.

Moreno the tool he needs to keep revisiting your property to ensure that it remains in code compliance.

But thank you for coming.

Thank you for your efforts.

I you know, know it's a lot of work for you, and I appreciate it.

I am getting in better shape.

Yeah.

Well, there's a silver lining, I guess.

Yeah.

So thank you very much for coming this afternoon.

Thank you.

So we have heard from our property owner, no one on the line wanting uh to talk about this agenda item.

So I'm gonna go ahead and approve the 180-day open abatement request for the Kelly property located at 321 East Beatrice Street contained in uh KCE 253490.

Good luck to you, Mr.

Kelly.

That concludes our agenda.

Do we have any announcements?

Yes, madam hearing officer.

Uh, our next scheduled hearing is set for January 20th at 5 p.m.

That will be held live on Tempe 11 as well as here in the Tempe City Council Chambers.

Great.

Thank you.

We're adjourned.