Judges: JAMES E. BRADWELL
Agency: Department of Business and Professional Regulation
Latest Update: Dec. 04, 1984
Summary: The issue presented herein concern whether or not the Respondent failed to maintain apartments that he owns situated at the 2563 Northwest 13th Court in good repair; free of vermin; failed to keep the premises and yard clean; failed to keep the garbage in proper receptacles and to keep the license for the premises displayed in a conspicuous place as is more particularly set forth in the Notice to Show Cause filed herein dated January 3, 1984.Apartment owner failed to properly maintain property.
Summary: The issue presented herein concern whether or not the Respondent failed to maintain apartments that he owns situated at the 2563 Northwest 13th Court in good repair; free of vermin; failed to keep the premises and yard clean; failed to keep the garbage in proper receptacles and to keep the license for the premises displayed in a conspicuous place as is more particularly set forth in the Notice to Show Cause filed herein dated January 3, 1984.Apartment owner failed to properly maintain property. Four months lapsed before cited violations were corrected. Recommend written reprimand.
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84-0820STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF BUSINESS ) REGULATION, DIVISION OF HOTELS ) AND RESTAURANTS, )
)
Petitioner, )
)
vs. ) CASE NO. 84-0820
) GEORGE A. WILLIAMSON, et al, )
)
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 July 23, 1984, in Ft. Lauderdale, Florida.
APPEARANCES
For Petitioner: William Hatch, Esquire
Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301
For Respondent: George Williamson, Pro Se
1113 Southeast 3 Avenue
Ft. Lauderdale, Florida 33316
ISSUE
The issue presented herein concern whether or not the Respondent failed to maintain apartments that he owns situated at the 2563 Northwest 13th Court in good repair; free of vermin; failed to keep the premises and yard clean; failed to keep the garbage in proper receptacles and to keep the license for the premises displayed in a conspicuous place as is more particularly set forth in the Notice to Show Cause filed herein dated January 3, 1984.
FINDINGS OF FACT
Based upon my observation of the witnesses and their demeanor while testifying, documentary evidence received and the entire record compiled herein, I hereby make the following relevant factual findings.
Respondent, George A. Williamson, is the owner of several apartments known as the 13th Court Apartments in Ft. Lauderdale, Florida. Those apartments are licensed by the Petitioner, Division of Hotels and Restaurants and has been assigned control number 16-3079-H. (Stipulation of the parties.)
On November 22, 1983, petitioner's inspector, Daniel J. Stallone, made a routine inspection of the Respondent's apartments involved herein and found that the roof leaked in apartment number 2, that the toilet leaked in apartment number 7, that there were several torn and missing screens and that garbage and refuse were strewn all around the premises and needed attention. (Petitioner's Exhibit 1.) In addition, inspector Stallone could not find the license displayed in a conspicuous place as is required pursuant to Rule 7C-1.02(1), Florida Administrative Code.
On December 8, 1983, Inspector Stallone made a callback inspection and found that none of the above-referred violations had been corrected or otherwise complied with by Respondent. Inspector Stallone issued a Notice of violation citing the Respondent with non-compliance with Rule 7C-1.02(4), 7C-1.03(1), (5), and (7), Florida Administrative Code and Section 509.221(8), Florida Statutes. (Petitioner's Exhibit 2.) Copies of the reports for the November 22 and December 8, 1983 inspections were sent to Respondent by certified mail, return receipt requested. (Petitioner's Exhibit 3.)
On January 24, 1984, Inspector Stallone made a subsequent inspection and found that the roof leak had not been repaired on the premises. Additionally, he noted that there were broken screens in several apartments and that there was garbage strewn around the premises. (Petitioner's Exhibit 4.)
Inspector Stallone made another inspection of the premises on July 20, 1984 and found that all of the violations for which Respondent had been cited in earlier inspections had been complied with with the exception of a roofing leak. That leak is now repaired. (Respondent's testimony and Exhibit 1.)
Rosa Mae Spivey, a tenant at the apartments, has resided there for approximately seven years and is responsible for the overall maintenance and cleaning for the apartments.
The structure has a flat roof. As of March 30, 1984, apartments 2, 4 and 5 were patched by Cherokee Roofing of Ft. Lauderdale, Florida. Ms. Spivey cleans the grounds surrounding the premises approximately three times per week and has had the screens repaired or replaced at least three times since she has served as manager of the apartments.
Respondent paid Cherokee Roofing $475 on April 2, 1984 to repair the roof for the apartments. Respondent has placed a large dumpster for the tenants to utilize for garbage and other debris from their apartments. Respondent retains the services of a plumber, a carpenter, a general laborer and a painting and cleanup employee who responds to complaints as they are made. Respondent admits to an approximately four-month delay in correcting the roof inn repairs however, he states that due to the large number of repairs brought abort by uncaring tenants, he attempts to prioritize the repairs and schedules them as soon as practicable.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action. Section 120.57(1), Florida Statutes.
The parties were duly noticed pursuant to the notice provisions of Chapter 120, Florida Statutes.
The authority of the Petitioner is derived from Chapter 509, Florida Statutes, and Rule Chanter 7C-1, Florida Administrative Code.
The evidence adduced herein reveals that, as of the date of the hearing, all of the deficiencies cited by the Petitioner against Respondent in its Notice to Show Cause dated January 3, 1984 have been corrected by Respondent. However, the evidence reveals that there was a time lag of more than four months before all of the repairs for which Respondent was cited were corrected.
RECOMMENDATION
Based on the foregoing findings of fact and conclusions of law, it is hereby recommended that the Petitioner issue Respondent a written reprimand admonishing him for failure to timely correct violations for which he has been cited and request that he continuously maintain his premises in a clean and sanitary condition as required by pertinent rules and statutes.
RECOMMENDED this 3rd day of December, 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 3rd day of December, 1984.
COPIES FURNISHED:
William Hatch, Esquire
Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301
George Williamson
1113 Southeast 3 Avenue
Ft. Lauderdale, Florida 33316
Gary Rutledge Secretary
Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301
Docket for Case No: 84-000820
Orders for Case No: 84-000820
| Issue Date |
Document |
Summary |
|
Dec. 04, 1984 |
Recommended Order
|
Apartment owner failed to properly maintain property. Four months lapsed before cited violations were corrected. Recommend written reprimand.
|
