STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF BUSINESS ) REGULATION DIVISION OF HOTELS ) AND RESTAURANTS, )

)

Petitioner, )

)

vs. ) CASE NO. 83-3138

)

G. WILLIAMSON, N. BINGHAM AND )

1. JONES, t/a 441 MOTEL, )

   )

   Respondent. )

   )

   
   

   RECOMMENDED ORDER

   
   

   Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, held a public hearing in this case on April 24, 1984 in Ft. Lauderdale, Florida.

   
   

   APPEARANCES

   
   

   For Petitioner: William Hatch, Esquire

   Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301

   
   

   For Respondent: No appearance

   
   

   ISSUE

   
   

   The issue presented herein involves whether or not Respondent failed to properly maintain its licensed premises by, inter alia, failing to scrape and repaint bathrooms ceilings, facia boards; failure to repair or replace worn furniture; failure to keep appliances clean and in good repair; failure to keep air conditioners in a safe condition; failure to repair or replace screens as needed and failure to keep premises clean and free of debris, weeds, abandoned vehicles or the grass properly cut as is more particularly set forth in the Notice to Show Cause filed herein.

   
   

   FINDINGS OF FACT

   
   

   1. Based upon my observation of the Petitioner's witness, documentary evidence received and the entire record compiled herein, I hereby make the following relevant findings of fact.

      
      

   2. G. Williamson, N. Singham and O. Jones are the owners of and operate the business establishment involved herein which does business as the 441 Motel located at 1001 Southwest 40 Avenue, Plantation, Florida. The 441 Motel is licensed as a public lodging establishment and has been assigned License Control Number 16-2470-H.

   3. A routine inspection of the licensed premises of the 441 Motel was made by Petitioner's agent on August 8, 1983. As a result of that inspection, a Notice to Show Cause was entered on August 10, 1983, citing the following violations: 2/

      
      

      1. violation of Rule 7C-1.03(1), by a failure to scrape and repaint the bathroom ceiling in Room #15.

      2. violation of Rule 7C-1.03(1), by a failure to scrape and repaint facia boards.

      3. violation of Rule 7C-3.01(6)(7)(9), by a failure to repair or replace worn furniture as needed including chairs, couches and tables.

      4. violation of Rule 7C-3.01(8), by a failure to keep appliances clean and in good repair in the kitchens.

      5. violation of Rule 7C-1.03(1), by a failure to keep air conditioners in safe condition in that there were no front covers.

      6. violation of Section 509.221(8), Florida Statutes, by a failure to repair or replace screens as needed.

      7. violation of Rule 7C-1.03(7), by a failure to keep premises clean and free of debris and weeds or the grass properly cut.

      8. violation of Section 509.221(2), Florida Statutes, by a failure to remove an old abandoned car from the licensed premises.

         
         

   4. Petitioner's inspector, Henry W. Tilghman, made a reinspection of the licensed premises on the day prior to the hearing herein, i.e. April 23, 1984,and at the time of his arrival at 2:45 p.m. and departure at 3:45 p.m., the manager was not on the premises. Inspector Tilghman conducted an outside inspection of the licensed premises and found that the facia boards needed to be scraped and repainted at the west end of the building; that grass and weeds needed to be cut at the rear of the property and at the west and east end of the licensed premises; that there were several old abandoned cars on the property and that the premises were littered with debris, weeds and old furniture.

      
      

   5. Inspector Tilghman could not conduct an inside inspection of the licensed premises, however he was able to determine that the Respondents had not scraped and repainted the bathroom ceilings; had not repaired or replaced worn furniture in several of the rooms and had failed to keep the appliances and the air conditioners in safe and good condition. (Petitioner's Composite Exhibit 3.)

      
      

   6. As stated, Respondents, or a representative on their behalf, did not appear at the hearing to contest or otherwise dispute the violations set forth in the Notice to Show Cause filed herein dated August 10, 1983.

      
      

      CONCLUSIONS OF LAW

      
      

   7. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action. Section 120.57(1), Florida Statutes.

   8. The parties were duly noticed pursuant to the notice provisions of Chapter 120, Florida Statutes.

      
      

   9. The authority of the Petitioner is derived from Chapter 509, Florida Statutes and Rule Chapter 7C, Florida Administrative Code.

      
      

   10. Competent and substantial evidence was offered herein to establish that the Respondents failed to scrape and repaint the bathroom ceilings in the licensed premises in violation of Rule 7C-1.03(1), Florida Administrative Code.

       
       

   11. Respondents, by failing to scrape and repaint the facia boards in the licensed premises, violated Rule 7C-1.03(1), Florida Administrative Code.

       
       

   12. Respondents, by failing to repair or replace, as needed, worn furniture in the licensed premises, violated Rule 7C- 3.01(6), (7), and (9), Florida Administrative Code.

       
       

   13. Respondents, by failing to keep the appliances in the licensed premises clean and in good repair, violated Rule 7C- 3.01(8), Florida Administrative Code.

       
       

   14. Respondents, by failing to keep front covers on the air conditioners, maintained those appliances in an unsafe condition in violation of Rule 7C- 1.03(1), Florida Administrative Code.

       
       

   15. Respondents, by failing to repair and replace screens as needed in the licensed premises violated Section 509.221(8), Florida Statutes.

       
       

   16. Respondents, by failing to keep the licensed premises clean and free of debris and weeds and to keep the grass on the licensed premises properly cut, violated Rule 7C-1.03(7), Florida Administrative Code.

       
       

   17. Respondents, by failing to remove old abandoned cars from the licensed premises, violated Section 509.221(2), Florida Statutes.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is hereby recommended that the Petitioner, Department of Business Regulation, Division of Hotels and Restaurants, enter a Final Order imposing a $200.00 fine against the Respondent (licensees) for each of eight (8) violations set forth herein above for a total amount of $1600.

RECOMMENDED this 21st day of June, 1984, in Tallahassee, Florida.

JAMES E. BRADWELL

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904)488-9675

FILED with the Clerk of the Division of Administrative Hearings this 21st day of June, 1984.

ENDNOTES

1/ The Respondents were properly noticed of the scheduled hearing by copy of a Notice of Hearing dated January 12, 1984, scheduling the matter for hearing on April 24, 1984.

2/ More particularly set forth in petitioner's Exhibit #1.

COPIES FURNISHED:

William Hatch, Esquire

Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301

Messrs. G. Williamson, N. Hingham, and O. Jones

441 Motel

1001 Southwest 40 Avenue

Plantation, Florida 33317

Gary R. Rutledge Secretary

Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301

Robert W. Strong

P.O. Box 1705

Ft. Lauderdale, Florida 33302

Docket for Case No: 83-003138

Orders for Case No: 83-003138