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ARF- 3226 Regular Agenda Item     4. E.    
Regular BOS Meeting
Meeting Date: 07/07/2015  
Submitted For: Robert Gould
Submitted By: Marian Sheppard, Clerk of the Board, Clerk of the Board of Supervisors
Department: Community Development  

Information
Request/Subject
Continuation of Appellate Review of Community Development Division Complaint No. HCP1402-003
Background Information
On September 30, 2014, the Board of Supervisors conducted a Special Meeting to hear an appeal submitted by Barbara Mahaffey, David Wicks and Kelly Mahaffey regarding the Gila County Hearing Officer's decision on Community Development Division Complaint No. HCP1402-003. 

Listed below is an excerpt of the September 30, 2014, Special Meeting, approved minutes regarding the vote of the Board, as follows:  Complete Motion as Approved -  Vice-Chairman Martin made a motion to continue this hearing until December 9, 2014, to allow the owners/occupants to install an approved septic system on the property.  The time between September 30, 2014, and December 9, 2014, shall be used to complete the installation of an approved septic system including: plan submittal, permit issuance, installation and final inspection & approval by the Community Development Department.  The County agrees to reduce the permit fee to $475.00.
 
Further, during the time between September 30, 2014, and December 9, 2014, the owners/occupants are allowed to: 1) live in an RV on the property; 2) use the RV to collect the gray water only and properly dispose of it off-site; and, 3) use of a porta-john with the condition that it will be serviced and emptied on a no less than weekly basis.
 
Further, if at the December 9, 2014, continued hearing, all conditions have been met and the septic system has been installed and approved by the County, the Board of Supervisors will waive the fines totaling $25,200 and close the hearing.  However, if at the December 9, 2014, continued hearing all conditions have not been met and the septic system has not been properly installed and approved by the County, the Board of Supervisors will immediately start proceedings to evict the owners/occupants from the property for non-compliance of the septic system regulations.

On December 9, 2014, the Board of Supervisors re-addressed this case.  The complete motion as approved is as follows:  Upon motion by Vice-Chairman Martin, seconded by Supervisor Marcanti, the Board unanimously continued the Board’s consideration of the appeal of the Hearing Officer’s decision in the matter of Community Development Division Complaint No. HCP1402-003 for four weeks from Friday, December 12, 2014, subject to Arizona Public Service (APS) completing the power line relocation on the subject property by December 19, 2014, and further that any days beyond the 19th that are required by APS to complete the relocation will be added to the four-week continuance deadline for the appellant.The four weeks begins on Friday, December 12, 2014, and ends on Friday, January 9, 2015, at 5:00 p.m. unless extended by the number of days required by APS to relocate the electrical line.

On January 20, 2015, the Board readdressed this case.  Bob Gould, Community Development Division Director, advised that due to recent heavy rainfall, work on this project could not commence because the ground was too muddy.  The Board unanimously accepted Mr. Gould's recommendation to extend the deadline for completion of this project by two weeks, starting on the day that the Payson Concrete truck can set the tank and to be able to sign off on that project.” 
Evaluation
This hearing was continued to this date and time in order to receive an update from Mr. Gould on the status of the project to install a septic system at the subject address.
Conclusion
The Board of Supervisors continued this hearing to this date to allow sufficient time for the completion of the installation of the septic system. Mr. Gould will present an update on this project to the Board of Supervisors. The Board of Supervisors needs to make a final decision on this case.
Recommendation
If Mr. Wicks has this project completed, then no action will be needed. If he does not have it completed, then fines or eviction could be required. Staff would recommend that actual fines be related to the actual costs in staff time and travel as the full fine is not practical. Actual costs will be provided at the hearing. 
Suggested Motion
Information/Discussion/Action to affirm, modify or reverse the decision of the Gila County Hearing Officer regarding Community Development Division Complaint No. HCP1402-003.  (Bob Gould)

Attachments
Summary Report

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