Vacate

11F-L1112002-BFS · Department of Fire Building and Life Safety · 2012-03-08

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

On March 8, 2012, a pre-hearing conference was conducted before the Office of Administrative Hearings, an independent agency, in the above-captioned matter. Petitioners Catherine Castellanos, Yesicke Flores, and Jean Arioli were present. Bel Air Pecan Grove MHP was represented by its authorized representative, Ed Treto. The parties were given the opportunity to discuss settlement outside the presence of the Administrative Law Judge. The parties reached a settlement in this matter, the essential terms of which were read into the record. The parties’ settlement agreement is as follows: 1. Respondent will address the issue of stray dogs in the park with county officials. 2. Respondent will enforce the use of trash containers by residents only. 3. The lighting issues raised in the petition will be addressed by Respondent with Arizona Public Service. 4. Respondent will post new signage containing information for residents’ use in case of an emergency. 5. Respondent will replace the electrical meter for unit number 40 in the Bel Air section of the park. 6. Respondent will send new notices to residents about the parking regulation of only two vehicles per unit. 7. Residents will telephone the police concerning loud music. Respondent will enforce regulations for loud music. 8. Respondent agrees to credit the following unit residents for towing charges: 1) unit number 40 Pecan Grove; 2) unit number 7 Pecan Grove; and 3) unit number 40 Bel Air. The policy of the law favors settlements of disputes and adverse parties should be free to adjust their differences by entry into agreements or stipulations of settlement which should be recognized and given effect by all tribunals. The settlement reached and submitted during the prehearing conference warrants the vacating of this matter from the calendar of the Office of Administrative Hearings. In view of the foregoing, IT IS ORDERED that this matter be remanded to the Arizona Department of Fire, Building, and Life Safety for further action. Done this day, March 8, 2012.

_________________________________ Brian Brendan.Tully Administrative Law Judge

Copy transmitted by mail this _____ day of _________, 2012 to:

Gene Palma, Director Department of Fire Building and Life Safety ATTN: Beth Soliere 1110 West Washington Avenue, Suite 100 Phoenix, Arizona 85007

Catherine Castellanos, et al. 3344 N. 27th Ave., #40 Phoenix, AZ 85017

Bel Air & Pecan Grove MHP 3344 N. 27th Avenue Phoenix, AZ 85017

By _______________________________

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