Regular Agenda Item 4.W.
Regular BOS Meeting
- Meeting Date:
- 10/20/2026
- Submitted By:
- Charlotte Asrarynezami, Clerk of the Board
- Department:
- Clerk of the Board of Supervisors
Information
Request/Subject
Appellate Review Hearing-Carla Vance-Complaint No. GC2502-005
Background Information
In accordance with Ordinance No. 05-01 (last amended on 2/18/25) -Gila County Hearing Officer Rules of Procedure, on December 17, 2025, Michael Harper of Harper Law Offices, PC, submitted a written request to the Gila County Community Development Department on behalf of Carla Vance for a hearing before the Board of Supervisors regarding Complaint No. GC2502-005.
Complaint No. GC2502-005 involves a violation of Gila County's Zoning Ordinance for property located at 1823 N. Wheatfields Road, Globe, which is owned by Carla Vance. This parcel is known as Assessor's tax parcel number 203-15-005D.
On December 2, 2025, Hearing Officer Donald Voakes issued a Final Judgment regarding this case, which states:
1. A Civil Violation Decision, Order, and Judgment was entered against the Defendant(s) on May 15, 2025. The Judgment included a determination that a violation of the Gila County Zoning Ordinance, Section .107.1(A)(3), exists and ordered the following conditions of compliance be completed by June 12, 2025:
A. Obtain a building permit for the garage with all required clearances or remove the garage from the Property,
The Judgment included a Civil Sanction of $200.00 and a daily fine of $50.00.
2. A Hearing was held on June 19, 2025. No one appeared. The May 15, 2025, Judgment was affirmed with all fines due and payable.
3. A compliance and pre-hearing inspection was performed on June 12, 2025.
4. Based on the compliance inspection and other evidence presented, the Property remains in violation of Gila County Zoning Ordinance, Section 107.1(A)(3).
5. A total of 189 days has elapsed since the compliance date of May 15, 2025, bringing the total zoning violation fine to $9,650.00, consisting of a $9,450.00 daily fine and a civil sanction of $200.00.
IT IS THEREFORE ORDERED that the following judgment shall be entered against the above-named Defendant:
1. The May 15, 2025, Civil Violation Decision, Order, and Judgment is hereby affirmed with the $200.00 Civil Sanction and the $50.00 per day fine both due and payable.
2. The Defendant is ordered to abate the violations, bring the Property into compliance with Gila County Zoning Ordinance. The following conditions of compliance shall be completed:
A. Obtain a building permit for the garage with all required clearances or remove the garage from the Property. This includes applying for and obtaining a Floodplain Use Permit and providing Gila County Floodplain Department with an Arizona registrant surveyor stamped elevation certificate.
3. A compliance inspection will be preformed after January 8, 2026. If the Property is found to be in compliance and the Civil Sanction has been paid in full, this matter will be dismissed. If the Property is not in compliance or the Civil Sanction has not been paid in full, the Defendant must appear at the review of this Civil Violation Decision, Order, and Judgment, which is scheduled for January 15, 2026, at 1:00 p.m.
The location of the hearing is:
Gila County Community Development/IT Conference Room
745 N. Rose Mofford Way, Globe, Arizona
4. The Defendant shall notify the Code Compliance Specialist when the conditions of compliance are completed.
DATED this 2nd day of December 2025.
Also in accordance with Ordinance No. 05-01, the record regarding this case was hand-delivered to the Clerk of the Board by the Community Development Department Director on December 23, 2025.
During the hearing scheduled for January 20, 2026, the Board deliberated on engaging external legal counsel, given that the County Attorney's Office would be representing the Community Development Department and was therefore unable to concurrently represent both entities. This hearing was continued at the request of the Appellant's counsel, Mr. Harper.
On May 12, 2026, the Appellant's counsel filed a Motion to Continue for 60 days because the Defendant and counsel have been working with Gila County Community Development to achieve a cooperative resolution of this situation; the Board granted that motion.
On August 17, 2026, the Appellant's counsel filed a Motion to Continue for 60 days because the Defendant and counsel have been working with Gila County Community Development to achieve a cooperative resolution of this situation; the Board granted that motion.
Complaint No. GC2502-005 involves a violation of Gila County's Zoning Ordinance for property located at 1823 N. Wheatfields Road, Globe, which is owned by Carla Vance. This parcel is known as Assessor's tax parcel number 203-15-005D.
On December 2, 2025, Hearing Officer Donald Voakes issued a Final Judgment regarding this case, which states:
1. A Civil Violation Decision, Order, and Judgment was entered against the Defendant(s) on May 15, 2025. The Judgment included a determination that a violation of the Gila County Zoning Ordinance, Section .107.1(A)(3), exists and ordered the following conditions of compliance be completed by June 12, 2025:
A. Obtain a building permit for the garage with all required clearances or remove the garage from the Property,
The Judgment included a Civil Sanction of $200.00 and a daily fine of $50.00.
2. A Hearing was held on June 19, 2025. No one appeared. The May 15, 2025, Judgment was affirmed with all fines due and payable.
3. A compliance and pre-hearing inspection was performed on June 12, 2025.
4. Based on the compliance inspection and other evidence presented, the Property remains in violation of Gila County Zoning Ordinance, Section 107.1(A)(3).
5. A total of 189 days has elapsed since the compliance date of May 15, 2025, bringing the total zoning violation fine to $9,650.00, consisting of a $9,450.00 daily fine and a civil sanction of $200.00.
IT IS THEREFORE ORDERED that the following judgment shall be entered against the above-named Defendant:
1. The May 15, 2025, Civil Violation Decision, Order, and Judgment is hereby affirmed with the $200.00 Civil Sanction and the $50.00 per day fine both due and payable.
2. The Defendant is ordered to abate the violations, bring the Property into compliance with Gila County Zoning Ordinance. The following conditions of compliance shall be completed:
A. Obtain a building permit for the garage with all required clearances or remove the garage from the Property. This includes applying for and obtaining a Floodplain Use Permit and providing Gila County Floodplain Department with an Arizona registrant surveyor stamped elevation certificate.
3. A compliance inspection will be preformed after January 8, 2026. If the Property is found to be in compliance and the Civil Sanction has been paid in full, this matter will be dismissed. If the Property is not in compliance or the Civil Sanction has not been paid in full, the Defendant must appear at the review of this Civil Violation Decision, Order, and Judgment, which is scheduled for January 15, 2026, at 1:00 p.m.
The location of the hearing is:
Gila County Community Development/IT Conference Room
745 N. Rose Mofford Way, Globe, Arizona
4. The Defendant shall notify the Code Compliance Specialist when the conditions of compliance are completed.
DATED this 2nd day of December 2025.
Also in accordance with Ordinance No. 05-01, the record regarding this case was hand-delivered to the Clerk of the Board by the Community Development Department Director on December 23, 2025.
During the hearing scheduled for January 20, 2026, the Board deliberated on engaging external legal counsel, given that the County Attorney's Office would be representing the Community Development Department and was therefore unable to concurrently represent both entities. This hearing was continued at the request of the Appellant's counsel, Mr. Harper.
On May 12, 2026, the Appellant's counsel filed a Motion to Continue for 60 days because the Defendant and counsel have been working with Gila County Community Development to achieve a cooperative resolution of this situation; the Board granted that motion.
On August 17, 2026, the Appellant's counsel filed a Motion to Continue for 60 days because the Defendant and counsel have been working with Gila County Community Development to achieve a cooperative resolution of this situation; the Board granted that motion.
Evaluation
A certified letter was sent to Mr. Harper on December 24, 2025, advising him that he may submit a written memorandum to the Clerk of the Board no later than January 15, 2026, as to the reason the Board of Supervisors should affirm, modify, or reverse the final decision of the Hearing Officer regarding this case.
A certified letter was sent to Mr. Harper on December 29, 2025, informing him of the hearing date and time.
The hearing held on January 20, 2026, was continued by the Appellant's counsel, Mr. Harper, while the Board obtained outside legal counsel.
A certified letter was sent to Mr. Harper on April 3, 2026, informing him of the hearing date and time set for May 12, 2026, at 1:30 p.m.
A certified letter was sent to Mr. Harper on June 8, 2026, informing him of the hearing date and time set for August 17, 2026, at 1:30 p.m.
A certified letter was sent to Mr. Harper on September 16, 2026, informing him of the hearing date and time set for October 20, 2026, at 2:00 p.m.
The Board of Supervisors needs to hear the facts of this case and decide to affirm, modify, or reverse the final decision of the Gila County Hearing Officer.
A certified letter was sent to Mr. Harper on December 29, 2025, informing him of the hearing date and time.
The hearing held on January 20, 2026, was continued by the Appellant's counsel, Mr. Harper, while the Board obtained outside legal counsel.
A certified letter was sent to Mr. Harper on April 3, 2026, informing him of the hearing date and time set for May 12, 2026, at 1:30 p.m.
A certified letter was sent to Mr. Harper on June 8, 2026, informing him of the hearing date and time set for August 17, 2026, at 1:30 p.m.
A certified letter was sent to Mr. Harper on September 16, 2026, informing him of the hearing date and time set for October 20, 2026, at 2:00 p.m.
The Board of Supervisors needs to hear the facts of this case and decide to affirm, modify, or reverse the final decision of the Gila County Hearing Officer.
Conclusion
The date, time, and location have been set for this date for the Board of Supervisors to hear Complaint No. GC2502-005.
Recommendation
N/A
Suggested Motion
2:00 P.M. - Information/Discussion/Action to affirm, modify, or reverse the final decision of the Gila County Hearing Officer regarding Complaint No. GC2502-005 - non-compliance of the Gila County Zoning Ordinance for property located at 1823 N. Wheatfields Road, Globe. (Randy Pluimer)
Attachments
No file(s) attached.