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Hearing officer gives Coconino County property owners 30 days to remove vehicles in zoning enforcement case

2890876 · April 7, 2025
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Summary

A hearing officer granted the county’s request for a 30-day compliance period after Walter and Dana Bacon admitted zoning violations tied to at least six derelict vehicles and stored materials; fines of $20 per day per violation will begin after the period and a compliance hearing is set for May 8, 2025.

On April 7, 2025, Howard Brown, a lawyer serving as Coconino County hearing officer, granted the county’s request for a 30-day compliance period in citation PCC220040 against Walter and Dana Bacon, ordering the removal or remediation of at least six inoperable vehicles and stored materials on their property and scheduling a compliance hearing for May 8, 2025.

The hearing took place by video conference and at Thomas Auditorium in Flagstaff. The Bacons admitted the violations on the record; because of that admission, the county waived the initial $100 penalty. If the property is not brought into compliance within 30 days, the county will assess fines of $20 per day per violation, accruing after the compliance period.

County zoning inspector Mr. Stentel told the hearing that there were “at least six remaining salvage vehicles, in various states of disrepair” on the property, several with flat tires and some showing fire damage, and that satellite imagery and site visits indicate the vehicles had not moved in at least four years. Mr. Stentel said photographs submitted as exhibits (series 6a–6j, taken the previous Friday) show the vehicles and stored materials.

The Bacons asked for a 60-day compliance period, telling the hearing they are both handicapped, live off the property, rely on Social Security, and need more time to arrange help and parts. Walter and Dana Bacon testified under oath that they understood the county’s requested remedy and that they had been working to register one vehicle.

Mr. Stentel said the county was not prepared to grant a 60-day extension, noting the case had been under enforcement since initial contact in 2021 and that staff had already allowed additional time. Hearing officer Brown said he would grant the county’s requested relief and set a recall hearing for May 8, 2025, to determine compliance. Brown also urged the Bacons to keep communicating with Mr. Stentel about progress and said he would issue a written order explaining the decision.

No vote tally was required for the hearing officer’s decision. The county’s enforcement request included the 30-day compliance period, fines of $20 per day per violation after that period, and a May 8, 2025, recall hearing to assess compliance. The county indicated certified mail and photographic exhibits were submitted in support of the citation.