At an Administrative Hearing Board hearing, Steve Hood, deputy law director and hearing officer, set a 45-day compliance period for a property cited under violation V 2565 for storing materials outside a garage and directed the Planning Department to reinspect after that period.

The municipal code provision cited in the hearing, Section 5 21.10, requires materials to be stored inside or in an enclosure; Planning Department staff presented inspection photos from May 9, June 19 and July 22 showing materials stored outside and noted prior compliance dates of May 19 and June 26 that were not met. "We got complaints, early May about materials being stored outside the garage," a Planning Department staff member said while entering photographs into the record as exhibits.

The hearing also recorded the property resident’s account of personal hardship and site conditions. Mister Haney told the board he recently had open heart surgery, was in rehab and recovering from pneumonia and said a fallen tree and persistent water flowing through the garage had made cleaning difficult. "I just got over open heart surgery," Haney said. He added that the household was arranging help and that a son who lives at home has limited use of one arm.

Hood said the board did not intend to put the resident "in a rough spot" given those circumstances and announced the 45-day compliance window, with Molly Emery of the Planning Department to perform the follow-up inspection. "We'll set this out, 45 days. We'll have Molly go out and reinspect in 45 days, see how everything's looking," Hood said, adding that if the site appears compliant after the reinspection there would be no fine.

Planning staff and the hearing officer warned that if the property is not cleaned the city has the option to abate the violation by contracting the cleanup and billing the property owner; assessed abatement charges can be placed on the tax roll. A Planning Department staff member also offered the resident a local contractor referral to assist with removal of tires and other materials.

The hearing officer said an order reflecting the 45-day schedule would be mailed to the property owner later that day or the next day and reiterated that the Planning Department should be notified if delays require more time. The hearing record shows multiple prior inspections and notices and identifies the matter as violation V 2565; no formal vote was recorded at the hearing.

Next steps: the Planning Department will reinspect after the 45-day compliance period, and the hearing officer will issue a written order by mail; if the property remains noncompliant the city may abate and assess the cost to the owner. The hearing record advises the resident to keep Planning Department staff informed of any scheduling delays so staff can account for unavoidable setbacks.