Agenda

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ARF- 2788

Regular Agenda Item 2. A.

Special Meeting

Meeting Date:	09/30/2014
Submitted For:	Robert Gould
Submitted By:	Marian Sheppard, Clerk, Clerk of the Board of Supervisors
Department:	Community Development	Division:	Wastewater

Information

Request/Subject

Appeal Hearing on Gila County Hearing Officer's Decision on Community Development Division Complaint No. HCP1402-003

Background Information

On August 12, 2014, Peter Van Haren, Gila County Hearing Officer, conducted a hearing on Gila County Community Development Division Complaint No. HCP1402-003. The case involved a violation of the International Residential Code (IRC) 2003 edition as adopted by Gila County and of the Arizona Revised Statutes for property located at 4909 N. German Road in Strawberry and known as Assessor's parcel no. 301-17-007Z. The defendents are Barbara Mahaffey, who is the property owner, and Kelly Mahaffey and David Wicks, occupants of a residence located on the subject property. Judge Van Haren ruled in favor of Gila County stating that a building code violation occurred because there isn't a septic system in place at the residence of the occupants.

In accordance with Gila County Ordinance No. 05-01 - Gila County Hearing Officer Rules of Procedure, the defendants presented a a written request to Gila County to appeal the Hearing Officer's decision before the Gila County Board of Supervisors.

Also in accordance with Ordinance No. 05-01, the record of this matter was presented to the Clerk of the Board on September 10, 2014. On September 11, 2014, a certified letter was mailed to the defendants notifying them of the hearing date, time and location with the Board of Supervisors. The letter also included notification to the defendants that they may submit additional written memoranda to the Clerk by no later than September 22, 2014, as to the reason the Board of Supervisors should affirm, modify, or reverse the decision of the Hearing Officer; however, the memoranda shall not raise new facts or issues not previously presented before the Hearing Officer.

Evaluation

The defendants have correctly followed the procedures outlined in Ordinance No. 05-01 to request a hearing before the Board of Supervisors regarding a decision rendered by the Gila County Hearing Officer on Community Development Division Complaint No. HCP1402-003.

The Community Development Division has provided each Board member, Clerk of the Board, Deputy County Attorney/Civil Bureau Chief, and County Manager with a copy of the information pertaining to this case and known as the "record" per Gila County Ordinance No. 05-01.

Conclusion

A hearing has been set for this date regarding the Gila County Hearing Officer's decision on Community Development Division Complaint No. HCP1402-003.

Recommendation

N/A

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
Memo to Board
Letter of Appeal
Summary Notes
Judgement