STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

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

)

Petitioner, )

)

vs. ) CASE NO. 86-1849

)

R. O. CROSBY, d/b/a )

CROSBY APARTMENTS, )

)

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 in Belle Glade, Florida, on September 22, 1986. The parties were afforded leave to submit Proposed Recommended Orders supportive of their respective positions. Petitioner's counsel has submitted a Proposed Recommended Order which was considered by me in preparation of this Recommended Order. Proposed findings which are not incorporated in this Recommended Order are the subject of specific rulings in an Appendix to this Recommended Order.

APPEARANCES

For Petitioner: Lynne A. Quimby, Esquire

Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32399-1007

For Respondent: R. O. Crosby (Father)

R. O. Crosby (Son)

478 East Main Street Pahokee, Florida 33476

ISSUES AND INTRODUCTORY STATEMENT

The issue presented for decision herein is whether or not the Respondent is guilty of violations alleged in the notice to show cause dated March 25, 1986, issued to Respondent, R. 0. Crosby, trading as Crosby Apartments located at 732 Joe Louis Avenue, Pahokee, Palm Beach County, Florida.

At the formal hearing, Petitioner called as its witnesses Lewis Reif and Arnold Pergament. Respondent, R.O. Crosby (father) made several statements and

1. Crosby (son) testified.

   
   

   The notice to show cause issued herein contained several violations of Chapter 509, Florida Statutes (1985), and Rule 7C, Florida Administrative Code, including:

   1. Failure to maintain adequate fire extinguishers for the buildings.

   2. Failure to keep public walkways clear of obstructions.

   3. Failure to maintain adequate lighting in public facilities.

   4. Failure to repair second floor overhang; to satisfactorily reset loose railings.

   5. Failure to maintain public toilets clean; in good repair and painted as needed.

   6. Failure to replace torn and/or missing screens.

   7. Failure to close open-spaced stair and porch railings.

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.

1. During times material, R. O. Crosby held a license for the premises known as Crosby Apartments, license number 60- 01726H, located at 732 Joe Louis Avenue, Pahokee, Palm Beach County, Florida. (Petitioner's Exhibit A).

   
   

2. On March 24, 1986, Arnold Pergament, an Environmental Health Specialist employed with Petitioner, inspected Crosby Apartments and issued a notice of violation to Respondent for several violations of Florida Statutes and Petitioner's Rules. (Petitioner's Exhibit B).

   
   

3. Inspector Pergament observed the following conditions:

   
   

   1. Fire Extinguishers: Inspector Pergament noted that there were no fire extinguishers on the premises which, based on its size, required a minimum of four fire extinguishers to comply with safety rules and regulations for tenants.

   2. Exit/Obstructions: Inspector Pergament observed an abandoned refrigerator on the second floor

      walkway which impeded the progress of persons walking in that area.

   3. Public Lighting: There were missing lights in the public toilets and other public facilities.

   4. Overhang: The roof overhang above the second floor walkway was broken; plaster was peeling and two stair handrails were loose; the steps which held the anchors for the handrails were cracked

      and wobbly and the stair handrails were unsafe for tenants to traverse by placing weight on the railings.

   5. Public Facilities: The public restroom on the second floor had an opening in the drainline from the urinal; the bathroom ceilings were damaged; stained walls in public restrooms and the showers, sinks and commodes were stained. The overall condition of the public facilities were dirty,

      grimy and inadequately cleaned.

   6. The bathrooms and toilets were not designated for each sex.

   7. Screenings: There were missing screens in the bathroom windows and box screens on other windows were torn and/or vandalized.

   8. Railings: There was a large open space in the second floor guard railings presenting a hazardous situation for minors and others.

      
      

4. Inspector Pergament made a routine reinspection of the Crosby Apartments during September, 1986, and observed that three of the four required fire extinguishers had been replaced. He also observed that the screens had been replaced except one window in a bathroom. All other violations which were observed during the March 24, 1986, inspection still existed.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction over the subject matter and parties to this action. Section 120.57(1), Florida Statutes (1985).

   
   

6. Respondent, by failing to provide the requisite number of fire extinguishers at the apartments on March 24, 1986, violated Rule 7C-1.04(1), Florida Administrative Code, and Section 509.211(3), Florida Statutes. Although three (3) of the required four (4) fire extinguishers had been replaced by September, 1986, one fire extinguisher was still missing on the property.

   
   

7. Respondent, by failing to keep the public walkways clear of obstructions on March 24, 1986, and continuing through September, 1986, violated Rule 7C-1.04(3), Florida Administrative Code.

   
   

8. Respondent failed to maintain adequate lighting in the public toilet facilities on March 24, 1986, and that condition continued through September, 1986, in violation of Rule 7C-3.01(3)(a) and (b), Florida Administrative Code.

   
   

9. Respondent, by failing to properly repair roof overhangs and by failing to satisfactorily reset loose stair railings engaged in conduct violative of Rule 7C-1.03(1), Florida Administrative Code.

   
   

10. Respondent, by failing to maintain the public toilet facilities clean and in good repair, engaged in conduct violative of Rule 7C-3.01(2), (3), (a) and (b), Florida Administrative Code.

    
    

11. Respondent, by failing to replace all torn and missing screens noted on March 24, 1986, engaged in conduct violative of Section 509.221(8), Florida Statutes, and Rule 7C- 1.03(1), Florida Administrative Code.

    
    

12. Respondent, by failing to close a large open space in the stair and porch railings of the second floor of the Crosby Apartments, engaged in conduct violative of Section 509.221(2), Florida Statutes.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED:

That the Petitioner enter a Final Order finding the Respondent guilty of violations listed in the Notice to Show Cause issued on March 25, 1986, to the Crosby Apartments, license number 60-017265 and imposing a civil penalty assessment of $2,100.00 or $300.00 per violation as found herein.

RECOMMENDED this 18th day of December, 1986, 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 18th day of December, 1986.

COPIES FURNISHED:

Lynne A. Quimby, Esquire Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32399-1007

R. O. Crosby

478 East Main Street Pahokee, Florida 33476

R. Hugh Snow, Director

Division of Hotels and Restaurants Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301

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

Thomas A. Bell, General Counsel Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32303

Docket for Case No: 86-001849

Orders for Case No: 86-001849