Vacate

12F-H1213006-BFS · Department of Fire Building and Life Safety - H/C · 2013-03-28

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

On March 26, 2013, a telephonic pre-hearing conference was conducted at the Office of Administrative Hearings. Petitioner was represented by its attorney, Erin McManis, Esq. Respondent was represented by her attorney, James B. Rolle III, Esq. During the pre-hearing conference, counsel announced that the parties had reached a settlement agreement, the essential terms of which were read into the record. The parties agreed to the following terms: 1. Respondent shall not place any items on her patio railing that are in violation of the Petitioner’s Covenant, Conditions, and Restrictions and/or Rules and Regulations. 2. Respondent shall be allowed to have four wind chimes without designation of size on her patio. 3. Respondent shall not have any partition, privacy board, or privacy screen attached to the railing or walls of her patio. A partition, privacy board, or screen is not prohibited if meets the following conditions: (i) It shall not be affixed to the patio railing or walls; (ii) It shall not be taller or wider than the present item; (iii) It shall not be above the patio railing; and (iv) It shall be the current color of the patio railing or a color approved by the Petitioner’s board of directors. 4. Within two weeks from March 26, 2013, Petitioner’s property manager shall be permitted a one-time inspection of Respondent’s patio to determine her compliance with the settlement agreement. 5. No fines or penalties shall be imposed on Respondent in this matter. 6. Petitioner shall not be prohibited from taking enforcement action against Respondent for any future violations. 7. The terms of the settlement agreement shall be put in writing and signed by each party.

In view of the foregoing, IT IS ORDERED that the above-captioned matter be vacated from the calendar of the Office of Administrative Hearings and remanded to the Arizona Department of Fire, Building, and Life Safety for any further action. Done this day, March 28, 2013. /s/ Brian Brendan Tully Administrative Law Judge

Copy mailed/e-mailed/faxed March 28, 2013 to:

Gene Palma, Director Department of Fire Building and Life Safety c/o Joni Cage 1110 West Washington Avenue, Suite 100 Phoenix, Arizona 85007

Beth Mulcahy, Esq. Erin McManis, Esq. Mulcahy Law firm, P.C. 3001 E. Camelback Road, Suite 130 Phoenix, AZ 85016 [email redacted]

James B. Rolle III, Esq. 608 East Missouri, Ste. E Phoenix, AZ 85012 [email redacted]

By Jan Bacich -----------------------

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