Hearing officer gives property owner 30 days to correct zoning violations at Winter Street parcels

A Coconino County hearing officer on March 6, 2025 found that respondent Daniel DeWitty admitted responsibility for zoning violations tied to use of recreational vehicles as dwellings and outdoor storage of secondhand materials at parcels associated with 3041 Winter Street and nearby lots, and ordered the properties brought into compliance within 30 days.

The order, delivered at a hearing held in Thomas Auditorium and by remote connection, gives DeWitty until April 5, 2025 to remedy the cited conditions. The county agreed not to seek fines at the hearing if the property is brought into compliance within that period; the hearing officer said monetary penalties would be considered at a later recall hearing if violations remain.

County representatives testified that recent site visits and photographs show multiple occupied recreational vehicles (RVs), inoperable vehicles, construction and secondhand materials, and visible refuse on and around the cited parcels. The county introduced a set of photographs and exhibits documenting the conditions; the hearing officer admitted the county exhibits except for one photo (Exhibit 2f) that the county agreed not to rely on in adjudicating compliance.

Respondent Daniel DeWitty acknowledged receiving the citation materials and told the hearing officer, "I admit responsibility." He told the hearing officer he has been working to clean the parcels but described time constraints and caretaking responsibilities that have slowed progress. "I have been working really hard to to correct these these violations," DeWitty said during sworn testimony.

County witness testimony identified three occupied RVs visible from the property's entry in photographs taken March 4, 2025. A county compliance officer said his earlier site visits, including one in late January 2025 when staff served notice on a resident identified as Dana, documented people exiting RVs and an elderly woman occupying another RV. The county also presented aerial imagery and earlier photos, including imagery from July 2024, showing what it described as an extended encampment spanning multiple adjoining parcels.

The hearing officer summarized the county's enforcement posture: the county will waive imposition of fines at the March 6 hearing in exchange for a 30-day compliance period. The county told the hearing officer it would assess $1,200 if the violations remain at the end of the 30-day period (calculated as $20 per day per violation for the period), and then assess additional civil penalties of $20 per day for each continuing violation after the compliance period. The county also said it may refer the matter to the county attorney if daily penalties reach $1,500.

On the zoning standards at issue, county staff explained that the parcels are zoned agricultural residential. Staff said occupancy of an RV as a dwelling is permitted only temporarily — by a temporary use permit for up to four months per calendar year (one RV per parcel) — or permanently by a conditional use permit (also limited to one RV per parcel if approved by the Planning and Zoning Commission). Staff told the hearing officer that no temporary use permits or conditional use permits had been issued for these parcels.

The hearing officer said a written order would be issued within a day or two confirming the 30-day compliance deadline, that he had admitted the county—s exhibits except Exhibit 2f (the photo the county asked not be considered), and that a recall hearing would be scheduled at his discretion after April 5 to determine whether the property is in compliance. The hearing officer also said he had not yet decided whether to impose action specifically regarding the RV on the neighboring parcel owned by Dana Metcalfe, but he "strongly encourage[d]" DeWitty to have his partner address that RV to avoid a separate proceeding.

The hearing record shows the county requested no immediate fines and that county staff will continue to work with DeWitty to identify remaining compliance tasks. The hearing officer noted previous county contacts and a period of extended forbearance that, according to county testimony, coincided with worsening conditions.

A recall hearing to determine compliance will be scheduled after April 5, 2025; the hearing officer will issue the formal written order to the parties by certified mail and also attempts to deliver it in person.