ALJDEC

00F-O990023-BFS · Department of Building and Fire Safety · 2000-06-28

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 28, 2000 APPEARANCES: The Department of Building and Fire Safety (the Department) was represented by Marc Harris, Assistant Attorney General, State of Arizona; Witness Davey Suratt, Inspector; Witness Chuck Kisseberth, Inspector/Manager. Respondent : Guy Williams, Qualifying Party/Owner, represented Oakcrest Mobile Homes, Inc. ADMINISTRATIVE LAW JUDGE: Gary B. Strickland _____________________________________________________________________ FINDINGS OF FACT 1. The scheduled hearing of this matter convened and testimony was presented. During the hearing, the parties’ representatives manifested movement in the direction of a resolution of the issues that had resulted in the Department of Building and Fire Safety having directed that Respondent submit to fine and penalty for its failure to comply with previous Department orders. The parties were afforded the opportunity to craft a settlement, the essential terms of which were read into the record. For purposes of determining this matter, if accepted by the Director of the Department of Building and Fire Safety, the obligations of the parties under the settlement agreement set forth below are binding on each other. 2. Pursuant to the terms of the parties’ stipulation, the Arizona Department of Building and Fire Safety has agreed to dismiss the two above- styled complaints in consideration for Respondent Oakcrest Mobile Homes, Inc.’s promise to do the following: (1) make corrections as delineated herein to the mobile home that is the subject of complaint 00F-0990226-BFS: a) provide state-approved plans for the “retaining wall” and ensure that the plans are made available on site or, in the alternative, obtain from the homeowner a notarized letter wherein the homeowner certifies that the dirt has been removed or that the homeowner created the condition; b) ensure that a 3” tape is installed at the center line of the subject home in accordance with manufacturer’s instructions; c) ensure that the screws are reduced below the current height if 2.5”s; and d) remove the 2X4 blocks from the top of the metal piers; (2) obtain an engineer-stamped letter from Marlette (mfg.) certifying that the home which is the subject of complaint 00F-0990023-BFS can safely sit at eight inches off the ground, or, in the alternative, reset the home within guidelines; (3) pay a $250. per violation penalty, for a total assessment of $1750.; (4) obtain a permit for each home. Both of the homes are subject to reinspection upon notice from the Respondent that Respondent has effected the necessary repairs. All repairs are to be completed within sixty (60) days of this order. Further, Respondent is subject to a one week suspension per complaint violation if the corrections are not made within sixty (60) days of the issuance of this order. 3. The parties have agreed that all rights and defenses relating to this matter are merged into the stipulation and agreement and should any petitions for rehearing be filed and granted, or new complaints filed, the sole issue for determination shall be whether the parties have performed their respective obligations under the terms of the stipulation and agreement executed by them at the hearing. 4. The terms of the foregoing stipulation and agreement appear reasonable under all of the circumstances and this agreement is determined the product of a fully informed and voluntary action by each party. CONCLUSIONS OF LAW 1. The law favors the settlement of disputes and adverse parties should be free to adjust their differences by entry into agreements and stipulations of settlement which should be recognized and given effect by the tribunal with proper jurisdiction to issue such orders. 2. The settlement reached and crafted by the parties and acknowledged by them on the record, having been found reasonable and voluntarily made, warrants a termination of the hearing. RECOMMENDED ORDER In view of the foregoing, it is recommended that the Director of the Arizona Department of Building and Fire Safety dismiss this matter upon the resolution by the parties of the outstanding issues.

Set forth this 28th day of June in the year 2000. OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Gary B. Strickland Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2000, to:

Department of Building and Fire Safety N. Eric Borg ATTN: Michelle M. Castaneda East Virginia, Suite 100 Phoenix, AZ 85004

By ___________________________

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Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826