Good afternoon.

Today's May 5th, 2026.

Happy Cinco de Mayo, everybody.

Um, this is the first hearing of the month for the City of Tempe hearing officer.

My name's Vanessa McDonald.

Um, I'm calling this meeting to order, and I'm gonna go ahead and read something into the record before I start our hearing this afternoon.

The city of Tempe hearing officer is authorized by Arizona revised statutes in 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 only have two items.

We have a set of minutes from April 21st, 2026, and a single property abatement.

Any property owner who's agreed by a decision of the hearing officer may file an appeal within 14 calendar days after the hearing officer has rendered a decision.

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

on March or I'm sorry, May 19th, 2026.

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.

Joining me this afternoon from community development to my left are Sean DeFara and Drew Yochim.

Thank you guys for being here and setting this up.

The first item on our agenda this afternoon is a set of minutes from the April 21st, 2026 hearing.

The next item on our agenda is a request for approval to abate public nuisance items at the TCC land LLC property located at 1310 East Southern Avenue.

The applicant is the City of Tempe represented by Code Compliance Inspector Marvin White.

Good morning.

Excuse me, good evening, Madam Hearing Officer.

My name is Marvin White.

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 1310 East Southern Avenue.

This case was initiated on July 23rd, 2024 via a public complaint for the violations of the period landscape consisting of dead trees throughout the property.

The notice indicated violations, remedies and contact information for for the inspector.

On August 22nd, the previous inspector mailed a final notice to the property owner identified as Kenneth Kleiner.

The notice indicated violations remedies and the contact information for the inspector.

On December 2nd, the case was assigned to me during an inspection, the violations remain present.

A second final notice was sent to the property owner, Kenneth Kleiner.

On December 5th, a public complaint was received for the remaining violations.

On December 12th, a message was left from the property owner, Kenneth Kleiner, informing me that he is working on correcting the violation.

Violations.

Between January 7th, 2025 to February 5th, 2026.

Multiple inspections were conducted.

Two more correction notices were sent and the violations remained.

Four citations were issued and paid for by the owner.

During that time, two complaints were received on February 26, 2025 for trash and debris, and on January 14th, 2026 for trash and debris and uh concrete and rubble.

On March 4th, 2026, during an inspection violations remain present.

I received a call from the property's owner's assistant Ben Hawkins.

I was informed that the property owner, Kenneth Kleiner, uh would not be contesting the abatement and will cover the cost of the lien on the property.

On April 2nd, 2026, a notice of intent to abate was sent to the property on owner Kenneth Kleiner.

I would now like to present uh some photographs that were taken this morning of the violations that are remaining.

Here we have uh the dead palm prongs that need to be taken care of.

And these photos were taken on various location uh locations on the property.

Here's uh photo of the uh concrete uh uh pieces and uh a lot of the uh chunks and uh some of the stumps that need to be taken care of some more pictures of this of the stumps that are remaining some more of the stumps.

Here's more of the concrete pieces and debris and things of that nature that need to be cleaned up.

What used to be there?

Uh at one time there used to be a structure there many years ago, and uh I believe that the uh kids uh with the skateboards uh set up some little concrete deals there to have a little fun, but there's uh it's actually hazard, it's very uh actually hazardous, but you know, we just like to get it cleaned up.

Uh, and then also you can see other graffiti uh all over the concrete, and of course, you know, uh they also had put some of the graffiti as you can see on some of the concrete uh pieces.

It's all over that needs to be cleaned up.

Uh as uh stated before, I'm seeking uh 180-day open abatement for the violations of nuisance code 21-3B8, deteriorated landscape, 21-3B1, trash and debris, and 22 105 graffiti at the property located at 1310 East Southern Avenue, 85282.

And thank you, madam hearing officer.

Well, thank you for the presentation and for going out and taking the photographs today.

Um, Mr.

DeFarris, anyone on the line wanting to talk about this?

Madam Hearing Officer, no one online.

Thank you.

And I'll make a note for the record.

There's no one here in the chamber other than City of Tempe staff.

Um, well, it sounds like we're doing this guy a favor, you know.

He wants to have it abated.

He has no problem with paying, you know, or a lien being attached to his property.

So sometimes this is why we have this process.

He's out of state, correct?

Yes, he's out of state.

Doesn't have the means to take care of the property, so we can do it for him.

So um, given that his history, um, it goes back to 2024.

So it has been kind of a problem property.

So I would like for you to have the 180-day open abatement request contained in case CE CM 241495 for the property located at 1310 East Southern.

Thank you.

Thank you, Madam Hearing Officer.

Well, that concludes our agenda.

Any announcements?

Madam Hearing Officer, one announcement.

Our next hearing officer is scheduled for Tuesday, May 19th, here in the council chambers and at five o'clock and live on Temp 11.

Great.

Thank you.

Thanks everyone.

We're adjourned.

Thank you.

Thank you.