Hearing officer finds DeWitty noncompliant with Coconino County zoning order; fines imposed

A hearing officer for the Coconino County Department of Community Development found on April 8, 2025, that respondent David DeWitty had not fully complied with a March 6 order requiring him to remedy zoning violations on parcels 97 and 100, and imposed the fines specified in paragraphs 4 and 5 of that March 6 order.

Mr. Brown, a county staff member who conducted site inspections and submitted exhibits R1–R7, told the hearing that he performed a site visit on April 7 and "noticed some cleanup had occurred. However, RV occupancy remains in effect, and there were multiple RVs occupied with the generator running." The hearing officer admitted exhibits R1–R7 into evidence and accepted tracking information later marked R8 showing certified-mail delivery of a prior order on March 21, 2025.

The county's testimony described two occupied recreational vehicles — one on parcel 97 and one on parcel 100 — with one generator observed running. Brown said the county saw visible personal belongings and at least one person exiting an RV in photographs introduced as evidence. He also reported that debris and assorted materials remained across both parcels, including a broken ATV, a battery, tubing or conduit, and tires, and that storage allowances under the county zoning code apply only to parcels with an approved residential use.

The hearing officer stated on the record, "I do find that respondent has not achieved full compliance, and therefore the fines that were set forth in paragraphs 4 and 5 of my 03/06/2025 order are hereby imposed." The officer said a written order would follow. The hearing record shows the respondent had been given until April 5, 2025, to come into compliance under the March 6 order; the officer held a limited-scope recall hearing on April 8 to determine compliance and, finding noncompliance, implemented the previously announced remedy.

Mr. Stento, identified in the record as the respondent's representative, confirmed readiness to proceed; the respondent, David DeWitty, was dialed into the hearing but did not appear in person and did not contact county staff between hearings, according to Brown. Brown told the hearing he had hand-delivered the prior order on March 10 and that certified-mail tracking later showed delivery on March 21 at 12:20 p.m.

The hearing officer concluded the proceeding and said a written order imposing the fines would be issued to the parties. The county indicated it would email confirmation of certified-mail tracking and a copy of the original notice to the respondent's representative.

Background: The citation in this matter references the county zoning citation identified in the record as PCC 20472 and a March 6, 2025 order requiring remediation by April 5, 2025. County testimony cited section 4.7 of the Coconino County zoning ordinance to explain that screened outdoor storage allowances depend on an approved residential use for the parcel.