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