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Record of Proceedings

Tempe Hearing Officer Approves Three Abatement Requests on March 17, 2026

City CouncilTuesday, March 17, 2026
BodyTempe, Arizona
SessionCity Council
DateTuesday, March 17, 2026
StatusFILED
Video Record

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Transcript — Verbatim
1:29

Good afternoon.

1:30

Happy St.

1:31

Patrick's Day.

1:32

Today is March 17th, 2026, and this is the hearing of the of the month for the hearing officer.

1:40

My name's Thaness McDonald.

1:42

I'll be conducting the hearing this afternoon.

1:45

I'm going to read something into the record and then we can go ahead and jump into our agenda.

1:58

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.

2:07

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

2:18

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.

3:29

Any decision rendered today is 3 p.m.

3:32

on March 30th.

3:39

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

3:45

A property owner has 14 days after this hearing to either file an appeal or bring their property into code compliance.

4:53

So we are on agenda item number three.

5:00

This is a request for approval to abate public nuisance items at the TOK Talk 3 LLC property located at 702 West Howe Avenue.

5:07

The applicant is the City of Tempe represented this afternoon by Code Inspector Kevin Kowalski.

5:16

Good afternoon, Madam Hearing Officer.

5:19

Good afternoon.

5:29

My name is Kevin Kowalski.

5:31

I'm a co-compliance supervisor of the City of Tempe Co-compliance Division.

5:35

I'm here this evening to request a 180-day open abatement for the property located at 702 West Howe Street, Tempe, Arizona, 85281.

5:44

This case was initiated on November 21st, 2025 for grass and weeds in the gravel landscape, and it was originally assigned to Inspector Young.

5:53

On November 21st, Inspector Young visited the property and observed that violation of grass and weeds in the gravel landscape and the front, back and sides of the property.

6:02

First notice was sent to the owner of the property, which at the time was identified as the estate of Angelo Bagnoli, TOC Talk 3 LLC.

6:10

On 125 of 25, a follow-up inspection was conducted and no improvement was found.

6:16

A final notice was sent to the property owner.

6:19

On December 19th, Inspector Young received a phone call from a woman identified as Jane Love, who was listed as a statutory agent for the property.

6:28

She reported no longer being associated with the property, had no contact information for the owner.

6:33

On December 23rd, the case was reassigned to me, and upon inspection, I observed the same violation.

6:39

I was able to locate a number for a gentleman named Andrew Detling, who uh said he was the property manager for that location and said he could get a hold of the tenant and have the yard cleaned up.

6:51

I emailed Mr.

6:52

Detling a final notice at his request.

6:56

Three weeks later on January 13th, the property was reinspected and still in violation.

7:02

So a citation was issued.

7:05

On January 22nd of this year, another third-party complaint was received for the same violation of over high grass and weeds.

7:12

And on February 6th of this year, court records showed that the defendant's uh talk talk three LLC failed to appear for their citation.

7:22

On February 13th, I posted a notice of intent to abate the property to the front door, mailed it to the property's owner, last known address, including the statutory agent, Mr.

7:31

Detling.

7:32

At this time, we would like to present photos taken today of the existing violations.

7:37

Thank you.

7:39

So we're satisfied that adequate notice has been provided, correct?

7:44

Yes, ma'am.

7:45

Yeah, thank you.

7:47

Here's a shot looking from the front yard uh along the east side of the property.

7:53

Um that's about a four-foot-high fence.

7:57

So the um grass and weeds of that have almost reached the top of that fence along the east side and along the roadway.

8:08

This is on the east side of the property looking west.

8:12

It's the same picture, just different different view of the previous photo.

8:15

You can see all the over high grass and weeds.

8:24

This is on the very northeast corner of the property looking back towards the front.

8:29

Same overheight grass and weeds.

8:38

This is at the very northeast corner, looking directly south.

8:43

Same overhide grass and weeds, three, four feet high.

8:47

And then croaching into the sidewalk.

8:50

Yes, ma'am.

8:51

This is also on the northeast side of the uh corner of the property.

8:55

This is along the alleyway running from east to west along the back side.

8:59

Same type of overgrown dead uh vegetation.

9:09

This is just a view from the northwest corner of the property looking back towards a street view, different angle of the same vegetations, uh dead and deteriorated along the alleyway.

9:21

And there are uh grass and weeds in the front of the property, it's difficult to snap photos from them to accurately portray it.

9:29

But this is one near the front door, and you can see these kind of little uh grass and weeds all throughout the uh gravel area, the front of the property and the sides as well.

9:39

Thank you.

9:42

As stated before, I'm seeking the 180-day open abatement for the violations of nuisance code 21-3BA to dighered landscape over high grass and weeds for the 702 West Howe Street, Tempe, Arizona 85281 property.

9:57

Thank you.

9:58

Um thank you for the up-to-date photographs.

10:00

Um Mr.

10:01

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

10:05

Madam Hearing Officer, no one online.

10:07

Thank you.

10:08

And I'll make a note for the record.

10:09

There's no one here in the chamber other than City of Tempe staff, so there is no one here in person to speak about this item either.

10:18

Well, given the complex ownership of the property and um the ability to track them down.

10:24

I think you've done a good job and been very diligent in that regard.

10:29

So I'm satisfied the adequate notice has been provided to the property owner or their agent or whomever represented that they were representing the property owner.

10:39

Um clearly the photos speak for themselves, and so I'm gonna go ahead and approve your 180-day open abatement for the property at 702 West Howe Avenue contained in case CE257310.

10:53

Thank you.

10:54

Thank you, ma'am.

11:00

We're now on agenda item number four.

11:04

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

11:09

This property is located at 4710 South La Rosa Drive.

11:13

The applicant is the city of Tempe.

11:16

Um joint or represented this afternoon by Code Inspector Andre Lara Reyes.

11:21

Good afternoon.

11:22

Yeah, good evening, Madam Hearing Officer.

11:30

I'm here this evening to request 180 day open abatement for the property located at 4710 South La Rosa Drive, Tempe Arizona 5282, uh owner of Ernesty Starling.

11:42

Uh this case was initiated on October 24, 2025 for uh deteriorating landscape, grass and weeds and gravel in the front yard.

11:51

Correction notices were mailed to the owner on the October 24th and November 14th of 2025.

11:59

Property was reinspected on December 10, 2025, and a remaining violation for grass and weeds and gravel.

12:07

Uh door hangar was posted to the front door on December 17th.

12:12

And I also received an email from the owner same day stating that uh she was getting some assistance from a church to get the landscape uh cleaned up.

12:23

I send an email to the owner on January 8th, 2026.

12:27

So this year, there was no response.

12:30

Uh and as of this morning, there has not been no response at all.

12:33

A citation was issued on uh January 20, 2026.

12:37

So this year, uh the owner failed to appear or pay the fine.

12:42

And also this morning, the property remains in violation for grass and weeds and gravel.

12:48

City code 213b8.

12:51

Would like to present photos this morning.

12:54

Thank you.

12:55

So even though she said she was getting assistance from a church, you don't think that that actually happened?

13:01

No, it didn't happen.

13:02

Okay.

13:03

Yeah.

13:04

Uh this is the uh front of the property towards the south, south side uh jar area there.

13:11

Uh you can see the uh lasso grass and weeds, that grass and weeds.

13:18

And it is gravel there, so you you you can't see it.

13:22

But it's gravel.

13:27

This is more of the uh front of the property there.

13:30

You can see towards the uh southwest corner there, some grass and weeds also.

13:45

This is the uh photo of the uh property looking uh towards the north north uh of the property.

13:52

You can see throughout the uh front yard there all the dead landscape and the dead weeds and gravel.

14:03

This is a more uh close-up view of the same same photo there, kind of like uh this is more like the front, the whole front yard landscape area there, and this is taking from uh from uh facing uh like towards the south, south of the property, uh just on the other side of the sidewalk there on the on the north side.

14:33

Yes, the before I'm here to request 180-day open abatement for deteriorating landscape at uh 4710 Saud La Rosa Drive.

14:41

Thank you.

14:42

Uh Mr.

14:43

Defara, anyone on the line?

14:45

Madam Hearing Officer, no one online.

14:47

Thank you.

14:48

Once again, no one has joined the chamber, so um, there's no one here to speak about this um item.

14:54

She's living at the home, correct?

14:56

I I believe so.

14:57

Okay.

14:58

Yeah, it's occupied.

14:59

So it's occupied.

15:00

Yeah.

15:01

You had communications with her.

15:03

She didn't follow through or whomever didn't follow through.

15:07

Um, but you know, that's this has been almost six months since you've been working on the case, trying to get some improvement to the property.

15:16

So given the fact that there has been no improvement to the property, I'm gonna go ahead and approve your 180-day open abatement request for the starling property located at 4710 South La Rosa Drive, contained in K CE 256-625.

15:34

Thank you.

15:34

Yeah, thank you, Madam Hearing.

15:38

As I noted previously, agenda item number five um has been brought in to compliance.

15:44

So we're not hearing that item, so we're at agenda item number six.

15:48

This is a request for approval to abate public nuisance items at the Sunrise Investment 3 LLC property.

15:56

This property is located at 107 East Broadway Road here in Tempe.

16:01

The applicant is the City of Tempe Code Compliance, represented this afternoon by Inspector Sammy Baptiste.

16:08

Good afternoon.

16:09

Good evening, Madam Hearing Officer.

16:11

My name is Sammy Baptiste, and I am a code compliance inspector with the city of Tempe, Code Compliance Division.

16:18

I'm here this evening to request a 180-day open abatement for the property located at 107 East Broadway Road, Tempe, Arizona, 85281.

16:28

This case was initiated on September 15th, 2025 via a public complaint for the violation of junk, trash, and debris, graffiti and deteriorated landscape.

16:38

On this day, an initial inspection was conducted and violations were confirmed at that time.

16:44

I observed uh long dead palm fronds, over high grass and weeds, and a large damaged tree that is leaned over.

16:52

Our first notice was issued and made to the property owner sunrise investment three LLC in care of Zong Longji.

17:01

On December 4th, 2025, my supervisor inspected the property, and all violations remained at that time.

17:07

A final notice was issued and mailed to the property owner.

17:10

On January 13th, 2026, I conducted an inspection.

17:14

All violations remained, consisting of junk trash and debris throughout the property, deteriorated landscape, and graffiti.

17:20

Citation was issued and sent to the owner, Sunrise Investment 3 LLC, Carol Zong Longji by certified mail, and copies were also sent by regular mail.

17:31

January 14th, 2026, a complaint was received from a neighboring property owner about the deteriorated state of this property.

17:38

Throughout this case, there has been no communication with the owner, and they have failed to appear in court.

17:43

As of this morning, all violations remain except for the graffiti.

17:47

The graffiti was removed.

17:49

Okay.

17:56

Thank you.

17:57

Did the owner remove the graffiti or was it the city?

18:01

I have no idea.

18:02

I have no idea, madam.

18:03

I showed up this morning and I noticed that the graffiti was removed.

18:07

So I thought maybe that everything else was done.

18:09

However, it wouldn't no.

18:11

Okay.

18:12

So this is the view facing the property, uh, facing Broadway.

18:16

Uh, this is just east of Mill.

18:19

Um, it's just showing you an overview of the front of the property, so we we can orient ourselves here.

18:28

This is another view of the front.

18:30

That wall there, that's where the graffiti was.

18:32

However, it was removed in the paint does match.

18:34

So that's in compliance.

18:36

Great.

18:41

This is a view south back of the property.

18:45

It's actually within a gated area.

18:47

This is a building in the back, but as you can see, there's uh some uh trash and debris in the back, and you will see further that there's uh a lot of overgrown vegetation.

18:57

So the red building is at the front of the property, and this is behind it.

19:01

This is actually the rear, yes.

19:03

Yes, madam hearing officer.

19:09

This is to the west of that building, as you can see, a lot of overgrown vegetation, high weeds.

19:21

And this is at the very back of the building, south of the property again, high weeds uh throughout.

19:34

This is a view of the property facing north, and that's the large damaged tree that is linked over.

19:44

And also you will see that large palm tree there that's also on the property, has long dead palm fronds.

19:50

The one to the right to the right, yeah.

19:52

Yes.

19:57

Again, this is a closer view of that actual palm tree.

20:00

As you can see, those fronds are long and dead.

20:06

And then the last picture, Madam Hearing Officer, is just a picture of the back area of the property and that lot there.

20:11

Just more overgrown vegetation.

20:16

And as stated before, Madam Hearing Officer, I am seeking a 180-day open abatement for those violations of nuisance code 21-3B8 for the Territory Landscape.

20:27

And I would say 21-3v1 for the junk trash and debris.

20:30

There are some loose trash and debris throughout the property.

20:33

Okay.

20:34

Thank you.

20:35

Thank you for the thorough photographs and the views from so many different angles.

20:40

Mr.

20:41

DeFara, anyone on the line?

20:43

Madam Hearing Officer, no one online.

20:45

Thank you.

20:46

Once again, I'll note for the record that no one is here in the chamber other than City of Tempe staff.

20:53

Well, this case goes all the way back to September, and the property owner who is local.

20:58

I noticed that the owner is here in Gilbert, so it wouldn't be a stretch to have him come take care of the property.

21:05

Has been unresponsive, and there's been no improvement within that time period from back to sip, excuse me, to September.

21:15

So I'm gonna go ahead and approve your 180-day open abatement request for the property, the Sunrise Investment 3 LLC property located at 107 East Broadway Road, contained in case CM 25153.

21:30

Thank you, Madam Hearing Officer.

21:32

Thank you.

21:33

That concludes our agenda for this afternoon.

21:36

Um any announcements?

21:38

Madam Hearing Officer, one announcement.

21:40

Our next hearing officer is scheduled for April 21st, 2026, here in the council chambers and live on Tempe 11.

21:48

Great.

21:49

Thank you so much.

21:50

Have a good night, everyone.

21:51

We're adjourned.

Discussion Breakdown — Share of Meeting
Zoning and Land Use█████████████████████████████████████████████63%
Procedural██████████████████████████37%
Summary of Proceedings

Tempe Hearing Officer Approves Three Abatement Requests on March 17, 2026

On March 17, 2026, at 1:00 PM, Hearing Officer Thaness McDonald conducted a public hearing in the Tempe City Council chambers to consider three requests for 180-day open abatements for code violations. The requests were brought by the City of Tempe Code Compliance Division. All three abatement requests were approved. One agenda item (number five) was removed because the property had been brought into compliance.

Discussion Items

  • Agenda Item 3 – 702 West Howe Avenue (TOK Talk 3 LLC property)
    Code Inspector Kevin Kowalski presented the case. The case was initiated on November 21, 2025, for grass and weeds in the gravel landscape. Initial notices were sent to the owner (the estate of Angelo Bagnoli, TOK Talk 3 LLC). A statutory agent, Jane Love, disassociated herself. The property manager, Andrew Detling, was contacted but failed to achieve compliance. A citation was issued; the owner failed to appear. Photos taken on the hearing date showed overgrown vegetation up to four feet high encroaching onto the sidewalk. Inspector Kowalski requested a 180-day open abatement for nuisance code 21-3B8 (deteriorated landscape). The hearing officer noted diligent efforts to contact the owner and approved the abatement.

  • Agenda Item 4 – 4710 South La Rosa Drive (Ernesty Starling property)
    Code Inspector Andre Lara Reyes presented the case. The case was initiated on October 24, 2025, for deteriorating landscape (grass and weeds in gravel). Correction notices were mailed, and a door hanger was posted. On December 17, 2025, the owner (Ernesty Starling) emailed stating she was getting assistance from a church, but no improvement occurred. A citation was issued on January 20, 2026; the owner failed to appear. Photos showed overgrown, dead vegetation throughout the front yard. The property is occupied. The hearing officer noted that despite communication, the owner did not follow through over six months, and approved the 180-day open abatement.

  • Agenda Item 6 – 107 East Broadway Road (Sunrise Investment 3 LLC property)
    Code Inspector Sammy Baptiste presented the case. The case was initiated on September 15, 2025, via a public complaint for junk, trash, debris, graffiti, and deteriorated landscape. Notices were sent to the owner (Sunrise Investment 3 LLC in care of Zong Longji). The owner failed to respond, and a citation was issued. A neighbor complained in January 2026. As of the hearing date, graffiti had been removed (unknown by whom), but all other violations remained: junk, trash, debris, overgrown vegetation, a large damaged tree, and dead palm fronds. The owner is local (Gilbert, AZ) but unresponsive. The hearing officer approved the 180-day open abatement for violations of nuisance codes 21-3B8 (deteriorated landscape) and 21-3V1 (junk, trash, debris).

Key Outcomes

  • Approved: 180-day open abatement for 702 West Howe Avenue (TOK Talk 3 LLC) – Case CE257310.
  • Approved: 180-day open abatement for 4710 South La Rosa Drive (Ernesty Starling) – Case CE256625.
  • Approved: 180-day open abatement for 107 East Broadway Road (Sunrise Investment 3 LLC) – Case CM25153.
  • Removed from agenda: Item 5 was dismissed because the property was brought into compliance.
  • The next hearing officer session is scheduled for April 21, 2026.

Meeting Transcript

Good afternoon. Happy St. Patrick's Day. Today is March 17th, 2026, and this is the hearing of the of the month for the hearing officer. My name's Thaness McDonald. I'll be conducting the hearing this afternoon. I'm going to read something into the record and then we can go ahead and jump into our agenda. 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. Any decision rendered today is 3 p.m. on March 30th. 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 this hearing to either file an appeal or bring their property into code compliance. So we are on agenda item number three. This is a request for approval to abate public nuisance items at the TOK Talk 3 LLC property located at 702 West Howe Avenue. The applicant is the City of Tempe represented this afternoon by Code Inspector Kevin Kowalski. Good afternoon, Madam Hearing Officer. Good afternoon. My name is Kevin Kowalski. I'm a co-compliance supervisor of the City of Tempe Co-compliance Division. I'm here this evening to request a 180-day open abatement for the property located at 702 West Howe Street, Tempe, Arizona, 85281. This case was initiated on November 21st, 2025 for grass and weeds in the gravel landscape, and it was originally assigned to Inspector Young. On November 21st, Inspector Young visited the property and observed that violation of grass and weeds in the gravel landscape and the front, back and sides of the property. First notice was sent to the owner of the property, which at the time was identified as the estate of Angelo Bagnoli, TOC Talk 3 LLC. On 125 of 25, a follow-up inspection was conducted and no improvement was found. A final notice was sent to the property owner. On December 19th, Inspector Young received a phone call from a woman identified as Jane Love, who was listed as a statutory agent for the property. She reported no longer being associated with the property, had no contact information for the owner. On December 23rd, the case was reassigned to me, and upon inspection, I observed the same violation. I was able to locate a number for a gentleman named Andrew Detling, who uh said he was the property manager for that location and said he could get a hold of the tenant and have the yard cleaned up. I emailed Mr. Detling a final notice at his request. Three weeks later on January 13th, the property was reinspected and still in violation. So a citation was issued. On January 22nd of this year, another third-party complaint was received for the same violation of over high grass and weeds. And on February 6th of this year, court records showed that the defendant's uh talk talk three LLC failed to appear for their citation. On February 13th, I posted a notice of intent to abate the property to the front door, mailed it to the property's owner, last known address, including the statutory agent, Mr. Detling. At this time, we would like to present photos taken today of the existing violations. Thank you. So we're satisfied that adequate notice has been provided, correct? Yes, ma'am. Yeah, thank you. Here's a shot looking from the front yard uh along the east side of the property. Um that's about a four-foot-high fence. So the um grass and weeds of that have almost reached the top of that fence along the east side and along the roadway. This is on the east side of the property looking west. It's the same picture, just different different view of the previous photo. You can see all the over high grass and weeds.

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