OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Tempe Hearing Officer Meeting - January 20, 2026: Approval of Minutes and Five Property Abatements

City CouncilTuesday, January 20, 2026
BodyTempe, Arizona
SessionCity Council
DateTuesday, January 20, 2026
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
0:51

Good afternoon.

0:52

I'm gonna go ahead and call the meeting to order.

0:55

Today is Tuesday, January 20th.

0:57

This is the second hearing this month for the hearing officer of the City of Tempe.

1:02

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

1:06

I'm gonna go ahead and read something into the record before we jump into our agenda this afternoon.

1:12

The City of Tempe Hearing Officer is authorized by Arizona revised statutes and the City of Tempe zoning and development code.

1:20

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.

1:30

These violations include deteriorated pools, structures or landscaping, storage of junk or refuse, and storage of inoperable or unregistered vehicles.

1:41

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.

1:54

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.

2:08

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.

2:19

On today's agenda, we have six items.

2:22

We have a set of minutes from January 6th, 2026 and five property abatements.

2:28

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.

2:40

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

2:44

on February 3rd, 2026.

2:48

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

2:54

A property owner has 14 days after the hearing officer's decision to either file an appeal or bring their property into code compliance.

3:04

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.

3:15

Joining me this afternoon from community development to my left are Cassidy McFarron, Drew Yokoham, and Sean DeFara.

3:23

Thank you guys for being here.

3:26

So now we can move on to our agenda.

3:29

The first item on the agenda is a set of meeting minutes from January 6th, 2026.

3:36

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.

3:45

So I'm going to go ahead and approve the minutes from January 6th, 2026.

3:52

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

4:01

Located at 504 East Carber Road, the applicant is City of Tempe, represented this afternoon by Code Inspector Melissa Ensing.

4:10

Good afternoon.

4:11

Good afternoon.

4:12

Thank you, Madame Hearing Officer.

4:15

My name is Melissa Insing.

4:16

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

4:20

I'm here this evening to request a 180-day open abatement for the property located at 504 East Carver Road, Tempe, Arizona, 85284.

4:32

This case was initiated on April 23rd, 2025 for Green Pool.

4:39

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.

5:00

I have given the homeowner care seven and heart contact information for the programs through the city of Tempe.

5:07

Code compliance has received five complaints for this property.

5:11

One citation was issued to the owner on September 29th, 2025.

5:17

The owner failed to appear in court.

5:26

Thank you.

5:33

This is an overview of the front of the property.

5:36

As you can see, there's overgrowth that starts from one end and goes all the way across.

5:49

And this view is a closer view of the overheight grass and weeds that are overgrowing in the front yard.

5:57

Thank you.

5:58

You can see on this one, it goes up to the front window.

6:01

Yeah, the pictures in my packet were dated November 21st, and it's gotten significantly worse.

6:08

It has been.

6:09

Yes.

6:16

Here's another view of the front yard.

6:18

Um it just shows how tall the grass and weeds are growing, as well as there's a stump that part of a tree was cut down and then never removed.

6:27

And then you can see a dead tree in the backyard.

6:39

And then this is a closer view of the stump, how tall it is, and then also the dead tree in the backyard.

6:49

Oh, and you can also see the overheight grass and weeds.

6:52

It's getting to the top of the stump as well.

6:58

As stated before, I'm seeking a 100 180 day open abatement for deteriorated landscaping located at 504 East Carver Road, Tempe, Arizona, 85284.

7:11

Thank you.

7:12

Um is anyone here, or I'm sorry, on the line this afternoon wanting to talk about agenda item number two.

7:20

Madam Harry and Officer, no one online.

7:22

Thank you.

7:22

Um, I'll make a note for the record.

7:24

There's no one here in the chamber, I believe, who wants to speak on agenda item number two.

7:30

I know you're here for a different case.

7:32

Um, so everyone else is City of Tempe staff.

7:37

Um so thank you for the updated pictures.

7:40

Um, as I mentioned, it's only gotten worse since November.

7:44

Um, this case was initiated in April of last year, and I know you've had repeated attempts at contacting the property owner to obtain compliance, and within that nine-month period, you've also had five complaints.

7:59

So the neighbors are getting quite frustrated with this property owner.

8:04

So, given the nature and condition of the property and the fact that the property owner has not been responsive to your efforts.

8:11

I'm gonna go ahead and approve your 180-day open abatement request for the property contained or located at 504 East Carver Road, contained in case CE252390.

8:25

Thank you.

8:33

That brings us to agenda item number three.

8:37

This is a request for approval to abate public nuisance items at the Schmidt property.

8:42

This property is located at 1552 East Drake Drive.

8:47

The applicant is the city of Tempe, Code Compliance, represented once again by Code Inspector Melissa Ensing.

8:54

Thank you.

8:55

As stated before, I'm Melissa Insing, and I'm a coded compliance inspector with the City of Tempe Code Compliance Division.

9:02

I'm here this evening to request a 100-day open abatement for the property located at 1552 East Drake Drive, Tempe, Arizona, 85283.

9:11

This case was initiated on March 12th, 2025 for dead tree in the rear yard.

9:17

I have sent four correction notices to the property owner for dead tree, deteriorated landscape in the front and rear yards, alley obstruction, uncultivated vegetation in the alley, commercial equipment and materials, trash and debris.

9:32

I have been in contact with the owner and have discussed the violations.

9:35

I've given him care seven heart contact information for programs through the city of Tempe.

9:42

One citation was issued to the owner on August 20th, 2025.

9:46

The owner failed to appear in court.

9:49

The owner has been able to remove the dead tree and correct the alley value violations.

9:55

At this time, I'd like to present photos taken today of the existing violations.

10:00

Thank you.

10:04

And this photo is the overview of the front yard.

10:06

Um he was able to correct the front yard violations at this time.

10:19

In this view, you can see in the backyard, all the commercial equipment.

10:23

Um miscellaneous items that related to pool supplies.

10:29

As you can tell, it starts from the alley block wall all the way to the front of the house and then across.

11:27

Anyone on the line wanting to speak about this item?

11:29

Madam Hearing Officer, no one online.

11:31

Thank you.

11:32

Again, I'll make a note for the record.

11:34

Everyone here, um, with the exception of one individual for a later case, um, is with the city of Tempe.

11:42

So given the state of the property, I mean, I'm glad the property owner was able to address the items at the front of the house, but nevertheless, all of these items in the backyard um, I believe fall under the junk, trash and debris collection, which is a violation of the Tempe City Code.

12:03

Um, this one again, this one's longer than the uh than the case before it.

12:08

It's been going on for 10 months.

12:10

So this property owner has had ample time, four different notices, outreach by you, and within that 10 month period has not really done much of anything except for the front yard to clean up uh the mess in the backyard.

12:27

So I'm gonna go ahead and approve your 180-day open abatement request for the property located at 1552 East Drake Drive, contained in KCE 251565.

12:40

Thank you.

12:40

Thank you.

12:45

This brings us to agenda item number four.

12:48

This is a request to abate public nuisance items at the Abbott Trust property.

12:53

This property is located at 328 East Palm Clock Drive here in the City of Tempe.

12:59

The applicant is the City of Tempe, represented this afternoon by Inspector John Salazar.

13:05

Good afternoon.

13:06

Good afternoon, thank you, Madam Hearing Officer.

13:08

My name is John Salzer and a co I am a code inspector supervisor with the City of Tempe Community Enhancement Division.

13:14

I'm here this evening to request 180-day open abatement for the property located at 328 East Palmcroft Drive, Tempe 85282.

13:23

This case was initiated from a public complaint on September 17th, 2025 for overheight grass and weeds and a deteriorated landscape throughout the property.

13:33

Um 91825, the property was inspected and observed to have deteriorated landscape in the front sides and rear of the property, as well as dead tree debris in the front driver area and throughout the property.

13:44

A first correction notice was sent to the homeowner.

13:47

On September 19th of 2025, we received another public complaint about the deteriorated landscape.

13:53

On 102 25, the property was reinspected, and all the violations were still present.

13:57

A final correction notice was mailed to the property, the homeowner.

14:01

Between October 20th and November 13th of 2025, the property was inspected a few more times, and we were unable to contact anyone at the property.

14:11

The violations were still present at that time.

14:29

Attempts were made to contact any family members with no success.

14:40

On December 10th of 25, your revised final notice and the notice of intent to abate were sent out to the property via mail for the violations of deteriorated landscape and junk trash and debris.

14:51

Both notices were also posted to the property for the January 20th hearing.

14:55

This abatement hearing today.

15:00

Did the notices come back to you?

15:02

They did not, no, ma'am.

15:04

Okay.

15:08

This is just a quick view of the front of the property.

15:13

As you can see, you have a lot of overgrowth here in the front yard.

15:15

It's kind of starting to creep into the sidewalk here.

15:20

Can you hear me?

15:21

Sorry.

15:21

Thanks, sir.

15:22

As you can see in the front, uh, you have some overgrowth in the whole front yard here.

15:27

A lot of this growth is starting to go into the sidewalk, and you can partially see dead portions of the uh large tree in the front yard.

15:41

Just a close-up view of the uh dead tree in the front.

15:44

You can see the dead portions on the front of the large tree and just the overheight growth in the front yard.

15:57

This is a picture of the debris that was cut down at some point and left in the driveway of the actual home.

16:05

You can see there's growth all along the driveway here that's growing in.

16:08

The growth is actually coming across the sidewalk, and it's overgrown on both sides of the property as well.

16:15

I believe the car belongs to a neighbor.

16:18

Okay.

16:21

Just a separate view here of the uh front yard, as you can see, the overgrowth all along here on the driveway, starting to creep over into the sidewalk, and it's pretty much dead and deteriorated throughout most of the front yard.

16:37

As we move to the backyard, just a close-up view of the overgrowth all throughout the backyard.

16:43

As you can see in this photo, there's a dead tree on the property as well with a bunch of dead limbs in the back here.

16:49

I believe these are uh cut dead pieces of the portion of this tree that have been left in the backyard and all of the overgrowth, and then a couple of the other photos when I get to them will show uh different angles of the growth as well.

17:05

Just a close-up photo of the side of the garage in the backyard.

17:08

You can see all the wood, dead wood piled up here.

17:11

As you can see, and here we have multiple palm dead fronds here hanging down onto the ground.

17:16

This tree definitely has some dead portions of it as well, and just the overgrowth all throughout here on the bottom.

17:22

A couple of plastic broken chairs and some other miscellaneous items.

17:30

Here's a little closer up view of all of the uh dead wood that had been piled up there in the back of the house, and then all of the overgrowth in the backyard.

17:42

This is just a close-up version of the uh dead tree in the backyard.

17:46

As you can see, all the dead limbs on the tree.

17:48

Looks like the top may have been cut off, and I believe that's what these portions that were left there for quite a bit of time, and just the overgrowth and the dead portions in the backyard.

18:01

And then last but not least, as you can see, this is a kind of a close-up of the back patio area.

18:07

As you can see, the dead palm farms hanging down all over the palm trees there.

18:12

Uh there is a bunch of plastic boxes, trash bags that are piled up almost up to the roof here of the back patio there that have been there for quite some time.

18:26

Madam Hearing Officer, again, as I stated earlier, I'm requesting 180 open abatement for deteriorated landscape and junk trash and debris for the property located at 328 East Palm Croft Drive, Tempe 85282.

18:37

Thank you.

18:38

Thank you.

18:41

Um, Mr.

18:42

DePara, anyone on the line?

18:44

Madam Harry Officer, no one online.

18:46

Okay, thank you.

18:47

Once again, I'll note for the record there doesn't appear to be anyone here uh wanting to speak on the Abbott Trust property.

18:55

So given the state of the property, given the fact that um there doesn't appear to be an owner available to address these items.

19:06

Um it's pretty cut and dry.

19:09

I'm gonna approve your 180-day open abatement request for the Abbott Trust property located at 328 East Palm Croft Drive, contained in KCE255612.

19:22

Thank you, Madam Hair Maffer.

19:23

You're welcome.

19:27

This brings us to agenda item number five.

19:30

This is a request for approval to abate public nuisance items at the Hale property.

19:35

This property is located at 1849 East Hayden Lane here in the city of Tempe.

19:41

The applicant is City of Tempe Code Compliance, represented this afternoon by code inspector Andres Lara Reyes.

19:49

Good afternoon.

19:50

Good afternoon.

19:51

Thank you, madam here, officer.

19:53

My name is Andrea Lara Reyes, Coinspector with the City of Tempe, Community Enhancement Division.

20:00

I'm here this evening to request an 180-day open abatement for the property located at 1849 East Hayden Lane, Tempe, Arizona, A5281.

20:09

Owner, Mr.

20:10

Windney Hill.

20:12

This case dates back to October 27, 2021, where a complaint was received by the office for trash, lit litter and debris, and excessive storage in the front sides and backyard areas of the property.

20:28

Violation of city of Tempe Nuisance Code 213v1, which stays filthy, litter, debris or trash.

20:36

Cover exterior areas, including exterior areas under any roof, not enclosed by the walls, doors, or windows of any building.

20:44

I spoken to the owner three times from the date this case was originated.

20:51

Correction notice to bring the property into compliance were mailed and posted to the property on October 27, 2021.

20:59

December 7th, 2021, and June 2nd, 2022.

21:05

There has been four civil citations and one criminal citation issued to Mr.

21:12

Hale for the violation where he was found responsible.

21:17

Based on the condition of the property on November 7th, 2025, and the pavement process was scheduled.

21:40

Thank you.

21:46

Starting from the west side of the property.

21:48

It's kind of like the front west side.

21:54

You can see here there's some uh wood stacked against the fence.

22:00

There's some other uh materials here on the side of the house, some buckets, some trash and debris there by the tree.

22:09

Uh show a better photo here of more of a close-up of the back of the property on the west side.

22:19

You can see uh some more trash and debris.

22:22

This will be a better close-up here.

22:25

Uh as you can see, he has stored a lot of uh trash and debris, different materials towards the back.

22:32

He has some shelving um items cover and tarps.

22:38

Uh there's different trash all through that side, and also here's a better close-up of the towards the back where he has uh plastic crates and shelving, other stuff, other materials.

22:56

This is more like uh the front side of the uh of this home here.

23:02

Uh he has some other you know, litter and debris in the front there in the front of the door.

23:13

This is taken from uh from the uh east side of the property, as you're facing west, uh some uh trash and debris there, and this is also taken from the east side where you can see some uh discarded uh wood, uh some more trash and debris, and this will give us a better close-up of the east side of the property.

23:46

This is more of a close-up.

23:48

Uh, this is uh this is the side of the property.

23:50

This is the east side, uh, where you can see uh items covered with tarps, uh shelving trash and debris, and this is more of a close-up towards the back where he has some kind of uh storage back there with debris.

24:17

I'm seeking 180 day open abatement for trash, later debris and excessive storage is stored at 1849 in Sandling Lane.

24:25

Thank you.

24:26

Um, I just have a couple of questions.

24:27

I noticed in the packet that at one point the property owner had applied for a use permit and it was denied.

24:35

What was that use permit for uh madam hearing officer?

24:40

I I believe just just for clarification, uh the inspector can answer that question.

24:45

But for tonight's hearing, um, really it's according to the zoning and development code section one-three oh five.

24:52

We're really only here to pursue violations of chapter 21.

24:56

Uh Tempe City Nuisance Code.

24:57

So okay, and just another quick question.

25:01

Does the property have a certificate of occupancy?

25:05

Uh again, I believe the inspector can answer that question, but it's really only for chapter 21 City Nuisance Code.

25:12

Okay.

25:12

And really, it was just for my general knowledge.

25:17

Um, because from the looks of it, it's hard to tell if it's habitable or not.

25:23

So it was just a curiosity.

25:26

Uh Mr.

25:27

Defar, is anyone um online wanting to talk about this case?

25:31

Madam Here and Officer, no one online, there might be one person present that's observing.

25:35

Okay, thank you.

25:36

Sir, did you want to talk about this agenda item or are you just observing for a family member?

25:42

Um I I well speaking with Drew earlier, I think that we kind of like figured out that the commission was communication.

25:49

Um, so obviously I'd like for this, you know, let's let's not do the abatement.

25:53

Um I'll communicate with Drew.

25:55

Uh, but if that's not, you know, if you know, I leave it up to you and whatever the process may be.

26:00

It is we just got our burnt building permit.

26:02

So just real quick, can you, since we're gonna have a little bit of a discussion, can you just come up and say your name for the record?

26:10

Because it's hard for the public record to Sir, just state your name and your city of residency.

26:18

Uh my name is Whitney Hale, but a different Whitney Hair.

26:21

Different Whitney.

26:22

Benjamin's hearing, Whitney Benjamin Tyrell Hale.

26:24

Um, and I uh live in Phoenix.

26:28

Um so we just got our building permit maybe 10 days ago.

26:32

Okay.

26:32

Um that was the issue that you mentioned had mentioned earlier.

26:36

Uh it's since been solved and uh with the building department.

26:40

Um so like now the it is a construction site, um, obviously not active right now, but um I think that he he mentioned that it this process started in 2021.

26:52

And if we were to go back and look at the pictures when it wasn't active, that was when it had just stopped being an active construction site.

26:58

Um until now you'll notice a significant reduction in the amount of um the amount of things that are in the yard.

27:06

I I I would say that none of what is in the yard is trash.

27:11

Um everything that's in the yard has a purpose.

27:15

Uh I mean, there's plumbing pipes, there's some storage items that were mentioned that were previously used to store wood.

27:22

Um, and uh now that wood has been used.

27:25

Uh so the storage racks remain uh because the construction is not complete.

27:30

But uh other than that, you know, I think that is there is there anything that I can say that that you guys are looking for that would, you know, reduce stop the the process of the 180-day abatement.

27:43

Um to be quite honest, probably not.

27:46

Um, because as you saw with the other cases, you know, the things that I evaluate are the length of time that the case has been going on.

27:53

So this has been, as you just said, since uh 2021, so over four years uh during that time process or time period, different processes have taken place, but once things come to me, I have to evaluate the totality of the evidence, and thus far it there's not been adequate process or progress towards code compliance.

28:21

So I don't know if you were in the room or not when I read my preamble, which I always read into the record that basically says um I you know I grant the city the abatement.

28:36

It doesn't happen tomorrow, it happens within two weeks.

28:40

If you were able to bring the property into compliance within the next two weeks, then the property would not be abated.

28:49

But I mean, it seems like there's a lot of work that needs to be done on the property.

28:54

So that's something you guys could work towards, you know, cleaning up the property to the satisfaction of code compliance and making sure that it complies with the code.

29:06

If that takes place within two weeks, then the abatement would go away.

29:10

But nevertheless, I would have given code compliance the tools that they need to stay on top of this property so that it's brought into compliance and remains in compliance.

29:24

Okay.

29:25

Um and that and all that makes sense to me, uh, and I'm relatively new to this uh this situation.

29:32

Uh wouldn't it also be valid to consider that we haven't been able to make any progress on the property because of not having the ability to construct legally and finish the project legally, which is a process that we we set aside cleaning the property up and eliminating hundreds of thousands of dollars of materials so that we could go through the city's process correctly and get all the permits required to build the property in compliance with the city, and we just got that confirmation 10 days ago, and now we're you know, kind of it's it's just tough because now once now that that process is all complete, you know, there's another process that we have to go through.

30:00

And we just got that confirmation 10 days ago, and now we're, you know, kind of it's it's just tough because now once now that that process is all complete, you know, there's another process that we have to go through.

30:13

And speaking with Drew, I totally understand, you know, communication is 100% what we need here.

30:18

Um, so if there's you know anything that we can say or you know, do to you know potentially push this to another date.

30:25

If we do not make progress, that would be fantastic.

30:28

Um, but if it seemed it sounds from what you said that there's really nothing that we can do.

30:34

Well, to answer your question, just the way the building department can't um what do I want to say, obviate any responsibility I have to abate a property.

30:47

I can't do the same based on what they're doing.

30:50

They're processes that run concurrently and not one doesn't stop the other.

30:56

So you will be going through these processes simultaneously.

31:00

You've got your building permit, that's awesome.

31:03

I think you can go ahead and move forward with your construction project, but by the same token, that doesn't make the need for the property abatement to go away, especially given that it's been four years.

31:16

What if I just asked really, really nice?

31:20

Well, what if I say no, really, really nice?

31:23

I would appreciate it, but I would still, you know, ask you to reconsider.

31:27

Well, I have considered.

31:31

Okay, I've considered, as I mentioned before, the totality of the evidence, the photographs in my packet, which were a few months ago, the photographs that were taken today.

31:41

There's still a number of items.

31:44

And let me tell you, these guys sitting behind you, they will work with you.

31:48

They're good guys, they want to help you bring your property into code compliance.

31:54

That's the main objective of the city.

31:57

You know, it's not to ding you for different violations, it's to bring the property into compliance for the benefit of your property and the neighborhood and the city overall.

32:10

So they will work with you, they will help you to determine what materials possibly can be preserved so that they can be used in the future, what are not likely to be, you know, able to be used in a construction process.

32:27

So they will work with you.

32:29

Um, I can guarantee it, Jack Schofield sitting behind you.

32:32

He's this is not his first rodeo.

32:34

He's done this a number of years, so has Andreas behind you as well.

32:40

So I think to keep the progress going on that you've already made on your property and getting your building permit, this process can continue, and you've got a couple of weeks, like I said, if if you make really good significant progress within that two-week window, then we don't talk about the abatement anymore.

33:01

But I feel that I have an obligation to the city, to the neighborhood, and to code compliance to give them the tools to keep the processes moving.

33:12

Okay.

33:13

This is I assume you are Mr.

33:16

Hale Sr.

33:17

I'm Mr.

33:18

Hale, and I'm the owner of the property.

33:20

And I'm I'm not sure what has I did have a conversation outside uh with the department heads.

33:29

And so I don't know what has been discussed in here.

33:34

Um I I heard two weeks, which concerns me.

33:40

Um what do I have to do within two weeks?

33:44

And this is a um state required ordinance or code or law that um a building uh a property with a building permit has to um stage it in a certain way.

34:07

I mean, I believe so.

34:09

I believe, you know, this is a property within the city of Tempe, and we see this a lot.

34:15

We see this in properties that are undergoing redevelopment where a building has been demolished.

34:21

Um, yes, there is a responsibility.

34:24

I can't quote chapter and verse of the building code, but you have to do it in a responsible manner.

34:30

You have to do it in an organized fashion.

34:33

You have to, you can't just have um a site, you know, accum have an accumulation of what is referred to as junk, trash, and debris.

34:46

That's that's not my language.

34:48

That's the language in the code.

34:50

Um, so yeah, there is an obligation to do that.

34:53

Any construction site you see around the city of Tempe has to do it in an orderly fashion.

35:00

And you know, this process is to um ensure that you bring the property into compliance with the code.

35:09

The two-week window is something.

35:12

If when I render my decision today to grant code compliance, 180-day open abatement, the next two weeks would be critical for you.

35:24

If you want to clean up your property, possibly store some of the construction materials off site, clean it up to the satisfaction of code compliance, then the then the abatement would not take place.

35:39

But if you don't do that within the next couple of weeks, the abatement will take place.

35:46

Um, as I was mentioning to your son, I have to evaluate the length of time that the case has been going on, the level of progress that's taken place.

35:56

This has been going on for four years, so it's not been, it's not a new case.

36:02

So, you know, I think two weeks is fair.

36:05

I think you could probably accomplish a lot if you put your mind to it.

36:10

Um, but I think that's fairest for the city and your neighbors and yourself as well.

36:19

Okay.

36:21

Thank you.

36:22

Thank you.

36:25

So we've heard testimony from the property owner, the property owner's representative.

36:31

We've seen photographs, and uh code inspector Reyes has um shown ample photographs and evidence that um he's given the property owner ample time to bring the property into code compliance.

36:45

So um I am going to go ahead and approve the 180-day open abatement request for the property located at 1849 East Hayden Lane, contained in KCE 21657.

37:01

And again, this is the Hale property at 1849 East Hayden.

37:05

So thank you.

37:06

Thank you guys for coming this afternoon.

37:09

I hope you're able to make some good progress to the satisfaction of code compliance in the next couple of weeks.

37:16

Thank you, Madam Hearing Officer.

37:18

Thank you.

37:19

That brings us to the last item on our agenda.

37:22

This is a request for approval to abate public nuisance items.

37:26

This is the Miles property located at 702 East Taylor Street.

37:31

The applicant is the city of Tempe, represented this afternoon by Code Inspector Michael Moreno.

37:38

Good afternoon.

37:38

Good afternoon, Madam Hearing Officer.

37:40

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

37:47

I am here this evening to request a 180-day open day open abatement for the property located at 702 East Taylor Street, Tempe, Arizona, 85281.

37:59

This case was initiated on June 24th, 2025, after code compliance received an anonymous complaint about deteriorated landscape and trash and debris in the front and rear of the property.

38:10

On June 25th, 2025, an initial inspection was conducted and the violations were confirmed at that time.

38:17

The first notice was mailed to the property owner, Chris Miles.

38:21

On July 30th, 2025, a follow-up inspection was conducted at the property.

38:27

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

38:33

On September 2nd, 2025, another follow-up inspection was conducted at the property.

38:39

The violations had not been corrected.

38:41

I attempted to contact a property owner on site and left a contact slip on the door.

38:47

On September 8, 2025, I received an email from a Lois Miles stating that she would rent a dumpster to remove the trash and debris, and that her oldest son Charles would be helping with the violations.

39:00

At that time, I provided the information for care seven and granted the first extension.

39:06

From September 8th, 2025 to September 25th, 2025, very little progress had been made to correct the violations on the property.

39:15

And I had attempted to contact Mr.

39:17

and Mrs.

39:17

Miles multiple times with no answer.

39:21

On October 2nd, 2025, I conducted a follow-up inspection at the property.

39:27

The violations had not been corrected.

39:33

Um at the property who stated due to medical reasons, they were not able to correct the violations.

39:39

At that time, I provided information for care seven and granted the second extension.

39:44

On October 17, 2025, a citation was issued to the property owner Chris Miles.

39:50

The fines had not been paid for this citation.

40:00

On December 8th, 2025, the notice of intent to abate was mailed and posted to the property.

40:04

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

40:08

Thank you.

40:09

Yeah, the photos in my packet are dated December 8th.

40:14

So the first photo here is of the front of the property.

40:19

And I'm not sure if the photos that you have, they were able to get uh looks like a lawnmower or weed whacker out there and kind of hit a lot of the overheight grass and weeds.

40:28

That being said, we do still have some deterioration in the front as well as some uh trash and debris.

40:35

Here you can see we have some looks like Amazon boxes that have been sitting up here a while, as well as here on the side of the property.

40:42

There's some uh overheight grass and weeds right here on the fence, and a little bit more uh trash and debris.

40:49

As well, right here, we can see that we have uh some of the palm fronds that are still kind of hanging off the tree as well as littered in the front yard area.

40:58

A lot of these uh overheight grass and weeds are going through the concrete as well as a lot of big deteriorated bald spots there in the front of the property.

41:13

Here is another photo from the opposite corner of the front of the property there.

41:20

This is on the north side of the property facing south.

41:23

Like I stated before, we can see we have uh some of the palm fronds that are just kind of hanging here, not really attached to the tree anymore, as well as littered here in the front yard area.

41:32

We do have some overheight grass and weeds that it's coming through the uh fence slats here on the side, as well as growing here uh throughout the sidewalk.

41:52

This photo here was taken in the alley.

41:55

This is on the north side of the property facing south.

41:58

Um, this one is just to kind of illustrate.

42:00

We have some overheight grass and weeds here still in the alley, as well as some overgrowth, some trees or bush type vegetation right here that is actually growing into the alley that is impeding city vehicles from traveling to and from the alley there.

42:14

As well as we can see here, we have a uh this tree here that's growing kind of over to the side.

42:20

It has been trimmed a little bit here on the side, but it is actually encroaching on the neighboring property, as well as sticking over the fence into the alley as well with this branch here.

42:40

This photo here is the other corner.

42:42

Uh, this would be the northwest corner of the property there facing south.

42:48

As you can see, we have some overheight grass and weeds here in the alley, as well as you can see the uh trees or bushes here that are growing into the alley as well.

42:57

And we can start to see some of the trash and debris that's in the rear yard here.

43:02

I have some pictures here with some close-ups to get a better view.

43:14

So here is also taken from the alley.

43:17

As you can see, we have a lot of trash and debris, old boxes, bins.

43:23

Uh, there's a lot of laundry, laundry baskets.

43:26

Here we have a refrigerator that is face down, as well as miscellaneous buckets and deteriorated chairs.

43:32

Back in this corner here, we have a jacuzzi that is deteriorated in nature, as well as a lot of the overhyped grass and weeds and miscellaneous tarps and things like that.

43:52

This is the northwest side of the property.

43:56

The biggest thing here we can see we have some makeshift shelters.

44:00

Um I attempted to contact to see if anybody was living in the rear yard.

44:04

I have not made contact with anybody, but the fact that we have suitcases and laundry and obviously makeshift shelters here.

44:10

Um it appears that homeless are starting to move in to the rear of the property as this case progresses.

44:17

Like I stated, we have uh different bins, laundry, uh, a lot of this overgrowth here, a lot of the trash and debris is actually grown up, or the overheight grass and weeds, excuse me, has grown up through a lot of the trash and debris in the rear yard.

44:40

And the final photo here is on the northeast side of the property.

44:45

I know it's kind of difficult to see.

44:46

We do have this jacuzzi that's back here that is full of trash and debris, as well as giant pieces of foam, um, deteriorated wheelchair furniture, concrete debris, uh, miscellaneous trash.

45:00

Here we have some tables that are uh actually grown into or the overhide grass and weeds have grown into the tables there as well.

45:10

As I stated before, I am seeking a 180-day open abatement for the violations of junk trash and debris and deteriorated landscaping located at the 702 East Taylor Street property.

45:23

Thank you very much.

45:24

Thanks for the updated photos.

45:26

Um Mr.

45:27

DeFara, anyone on the line wanting to talk about this item?

45:31

Madam Hearing Officer, no one online.

45:33

Thank you.

45:33

And I don't believe there's anyone here in the audience wanting to speak on agenda item number six.

45:39

Well, given the state of the property and the fact that it's not really secured with that back chain link fence, so it looks like uh people are starting to move into the property, which is um not a good thing.

45:53

And also given the lack of responsiveness on the part of the property owner, um, I'm gonna go ahead and approve your 180-day open abatement request for the property at 702 East Taylor Street contained in application CE two five three eight five one.

46:10

Thank you.

46:10

Thank you, Madam Hearing Officer.

46:13

That concludes our agenda for this evening.

46:16

Um staff, do we have any announcements?

46:18

Madam Hearing Officer, one announcement.

46:20

Our next hearing officer is scheduled for Tuesday, February third, here at five o'clock in the Tempe Council Chambers and live on Tempe 11.

46:30

Great.

46:30

Thank you very much.

46:31

Thanks for coming today.

46:33

We're adjourned.

Discussion Breakdown — Share of Meeting
Zoning and Land Use█████████████████████████████████████████████78%
Public Safety███████12%
Procedural███5%
Homelessness███5%
Summary of Proceedings

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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