Hearing officer finds Bacon property still violates Coconino County zoning; daily fines ordered

A Coconino County hearing officer on May 29, 2025, found that Walter and Dana Bacon’s property remained out of compliance with the county zoning ordinance and ordered fines under an earlier April 7 order, the county said.

The recall hearing in the Thomas Auditorium centered on whether the Bacons had cured violations identified in an April 7 order and required removal of vehicles, secondhand materials and other debris. The hearing officer admitted county exhibits showing the May site condition and said the penalties set in the April 7 order would be imposed going forward.

The county’s compliance manager, Mark Stento, testified that county staff served the April 7 order by certified mail — signed for on April 14 — and conducted follow-up site inspections in May. Stento described county exhibits R2 through R5 as photos showing multiple out-of-service vehicles (including a burned Jeep Comanche and a Jeep YJ), at least one van with flat tires, a U-Haul–type truck, secondhand mechanical materials, a trailer or truck bed with a generator and what appeared to be cages or fencing on the property. Stento said the May photos “show the same state of the vehicles as the county’s initial exhibits” taken in February and March 2025.

Code enforcement officer Tristan Douse also performed a recent site visit; the hearing record states photos and follow-up visits occurred on May 5 and May 20, 2025, and that Douse conducted an additional visit reported as occurring on May 29. The county moved exhibits R2–R5 into evidence; the hearing officer admitted those exhibits.

Respondent Walter Bacon, appearing by phone, said he and his wife had been staying in a homeless shelter after losing a hotel room and that his wife was ill. Bacon said he had been unable to work on the property and asked for time to address the violations; he said a friend had put him in touch with someone who might help repair tires and ignition systems and that he planned to contact a scrap dealer to remove cages. “If we can hold off on me paying the penalties until after I get this stuff taken care of, that would make things easier,” Bacon said.

The hearing officer made a factual finding that the property was not in compliance as of the hearing and said the penalties in the April 7 order would be imposed. The officer noted the earlier order gave the Bacons until May 7, 2025, to cure the violations and said the county’s requested relief included an initial penalty and daily fines for ongoing violations. County testimony described the initial penalty as $600 — characterized as $20 per violation per day from the initial hearing dates to the May 7 compliance date — and an additional $20 per violation per day for each continuing date of violation. The hearing officer said a written order reflecting the hearing would be issued to both parties.

Stento told Bacon that licensed, registered and operable vehicles are not enforced under Section 4.7 of the zoning ordinance, but he added that satellite imagery and site investigations over more than three years had shown no movement in the vehicles and that several appeared damaged or burned, making it unlikely they could be driven off the property. Stento also said the county is willing to discuss a payment plan or compliance plan with Bacon.

Bacon asked whether he could place a camper on the property to be on site while cleaning up; the hearing officer and Stento said he should consult county staff because a permit would be required and unauthorized occupancy could itself create a zoning violation. The hearing officer emphasized that fines do not remove Bacon’s ongoing obligation to bring the property into compliance and that resolving the violations would stop further fines from accruing.

The hearing record shows the county admitted the April order (exhibit R1) and the May photographs (exhibits R2–R5). The hearing officer adjourned and said a written order would be issued and circulated; the officer encouraged the parties to work with county staff to memorialize any payment plan if one is agreed.