Tempe Hearing Officer Meeting - January 20, 2026: Approval of Minutes and Five Property Abatements
Tempe Hearing Officer Meeting - January 20, 2026
On Tuesday, January 20, 2026, at 5:00 PM in the Tempe Council Chambers, Hearing Officer Vanessa McDonald convened the second hearing of the month. The meeting addressed the approval of minutes from January 6, 2026, and five requests for 180-day open abatements for public nuisance code violations. The hearing officer granted all abatement requests, providing property owners 14 days (until February 3, 2026) to achieve compliance before city abatement begins.
Consent Calendar
- Minutes from January 6, 2026: Approved as accurately reflecting the prior hearing.
Public Comments & Testimony
- Whitney Benjamin Tyrell Hale (property owner of 1849 E Hayden Lane) addressed the hearing officer regarding agenda item #5. He stated that the property was an active construction site and that a building permit had just been obtained 10 days earlier. He requested the abatement not proceed, citing reduced debris and the need to finish construction. The hearing officer acknowledged his concerns but explained that four years of non-compliance warranted the abatement order, and encouraged cooperation with code compliance.
Discussion Items
- Item #2 – Sasere Property (504 E Carver Road): Code Inspector Melissa Ensing requested a 180-day open abatement for deteriorated landscaping, including dead trees, overheight grass/weeds, and a stump. The case began April 23, 2025, with two correction notices sent, five complaints received, and one citation (owner failed to appear). Photos from today showed worsening conditions. No public comment. Approved.
- Item #3 – Schmidt Property (1552 E Drake Drive): Inspector Ensing requested abatement for dead tree, deteriorated landscape, alley obstruction, commercial equipment, and trash/debris. Case initiated March 12, 2025; four correction notices sent; one citation (owner failed to appear). The owner had corrected front yard violations but the backyard remained full of commercial pool supplies and miscellaneous junk. No public comment. Approved.
- Item #4 – Abbott Trust Property (328 East Palmcroft Drive): Inspector John Salazar requested abatement for overheight grass/weeds, dead tree debris, and junk/trash. Case began September 17, 2025, from a public complaint. Multiple inspections, two correction notices, and notices of intent to abate were sent. No contact with owner. Photos showed overgrowth encroaching on sidewalks, dead tree, piled wood, plastic chairs, and trash bags. No public comment. Approved.
- Item #5 – Hale Property (1849 E Hayden Lane): Inspector Andres Lara Reyes requested abatement for trash, litter, debris, and excessive storage dating back to October 27, 2021. The owner had received four civil citations and one criminal citation. Despite three conversations and multiple notices, violations persisted. Photos showed stacked wood, buckets, tarps, shelving, and trash. The property owner, Whitney Hale, spoke (see Public Comments). The hearing officer noted the four-year duration and lack of sufficient progress, but encouraged the owner to work with code compliance within the 14-day window. Approved.
- Item #6 – Miles Property (702 East Taylor Street): Inspector Michael Moreno requested abatement for deteriorated landscape and trash/debris. Case initiated June 24, 2025. Multiple inspections, two extensions granted, and one citation (fines unpaid). Photos revealed overheight grass, Amazon boxes, palm fronds, and in the rear yard: a deteriorated jacuzzi, makeshift shelters, suitcases, laundry, and trash—indicating possible homeless encampment. No public comment. Approved.
Key Outcomes
- All five property abatement requests (Items #2–#6) were approved for 180-day open abatements. Property owners have until February 3, 2026 (14 days after the decision) to bring properties into full code compliance; otherwise, the city will abate at the owner’s expense.
- Appeal deadline: Any party aggrieved by a decision may appeal to the Board of Adjustment by 3:00 PM on February 3, 2026.
- Next hearing: Scheduled for Tuesday, February 3, 2026, at 5:00 PM in the Tempe Council Chambers.
Meeting Transcript
Good afternoon. I'm gonna go ahead and call the meeting to order. Today is Tuesday, January 20th. This is the second hearing this month for the hearing officer of the City of Tempe. My name's Vanessa McDonald, and I'm conducting the hearing this afternoon. I'm gonna go ahead and read something into the record before we jump into our agenda 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. 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 to correct the violation. 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 six items. We have a set of minutes from January 6th, 2026 and five property abatements. Any property owner who is agreed 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 February 3rd, 2026. 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 bring their property into code compliance. If an appeal isn't filed on the proper or the property isn't brought into compliance within this 14-day window, the property will be abated by the city. Joining me this afternoon from community development to my left are Cassidy McFarron, Drew Yokoham, and Sean DeFara. Thank you guys for being here. So now we can move on to our agenda. The first item on the agenda is a set of meeting minutes from January 6th, 2026. I had a chance to review review the minutes when they were sent to me after that hearing, and I think they accurately reflect what took place at that hearing. So I'm going to go ahead and approve the minutes from January 6th, 2026. Agenda item number two is a request for approval to abate public nuisance items at the Sasere property. Located at 504 East Carber Road, the applicant is City of Tempe, represented this afternoon by Code Inspector Melissa Ensing. Good afternoon. Good afternoon. Thank you, Madame Hearing Officer. My name is Melissa Insing. I'm 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 504 East Carver Road, Tempe, Arizona, 85284. This case was initiated on April 23rd, 2025 for Green Pool. I have sent two correction notices to the property owner for deteriorated landscape that entails dead trees and bushes and other overheight grass and weeds in the front and rear yards. I have given the homeowner care seven and heart contact information for the programs through the city of Tempe. Code compliance has received five complaints for this property. One citation was issued to the owner on September 29th, 2025. The owner failed to appear in court. Thank you. This is an overview of the front of the property. As you can see, there's overgrowth that starts from one end and goes all the way across. And this view is a closer view of the overheight grass and weeds that are overgrowing in the front yard. Thank you. You can see on this one, it goes up to the front window. Yeah, the pictures in my packet were dated November 21st, and it's gotten significantly worse. It has been. Yes. Here's another view of the front yard.
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