STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Petitioner, vs. MARTINI ISLAND LAND CO. and/or MARTINI ISLAND LAND, LLC d/b/a Bayou Mobile Home Park Respondents. / ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department of Health is seeking to impose an administrative penalty in the amount of $100.00 per day for each day the violation described herein continues. As grounds for this action, the department alleges as follows: 1. The Department, an agency of the State of Florida, has jurisdiction over the subject matter pursuant to the provisions of Chapters 120, 381 and 386 of the Florida Statutes. 2. The Respondent Martini Island Land Co is a Florida for-profit Corporation, whose principal address is 8510 Gibsonton Drive, Lot 16, Gibsonton, FL 33534, whose principal mailing address is 2643 Gulf to Bay Boulevard 1560-428, Clearwater, Florida 33759; the Respondent Martini Island Land, LLC is a Florida Limited Liability Company, whose principal and mailing addresses are 2643 Gulf to Bay Boulevard 1560-428, Clearwater, Florida 33759; the Registered Agent for both Respondents is Robert L. Tankel, P.A., 1022 Main Street, Suite D, Dunedin, FL 34698. The Respondents own and operate a Mobile Home Park in Hillsborough County, Florida doing business as Bayou Mobile Home Park, at 8510 Gibsonton Drive, Gibsonton, FL 33534 on which the septic system that is the subject of this complaint is located. DOH v. Martini Island d/b/a Bayou MHP Administrative Complaint Page 2 3. Respondents are under the jurisdiction of the Department. 4. An Official Notice of Violation and Notice of Intended Action were mailed by Certified Mail, Return Receipt requested to the Respondent, Martini Island Land Co, at the address listed for it in the office of the Hillsborough County Property Appraiser on October 30, 2006, copies of which are attached hereto, marked Exhibits "A" and "B" and incorporated herein by reference. A copy of the Domestic Return Receipt for the aforementioned Certified Mailing, signed by the agent of the Respondent Martini Island Land Co, dated November 1, 2006 is attached hereto, marked Exhibit “C” and incorporated herein by reference. 5. The above described premises have the following violation: The septic system is being improperly maintained in violation of sec. 386.041, Florida Statutes, as effluent is being allowed to collect on the surface of the ground and to enter a stream on the property, creating a sanitary nuisance. 6. The Respondents must immediately obtain a permit and make repairs to prevent the Mobile Home Park's septic system from leaking or discharging effluent causing a sanitary nuisance to exist on the premises. 7. The Department has the right to institute this administrative proceeding, pursuant to section 381.0061, Florida Statutes. 8. The Respondents have the right to request an administrative hearing, to be represented by counsel or other qualified representative, to take testimony, to call and cross-examine witnesses, to have subpoenas and subpoenas duces tecum (production of records) issued, and to present written evidence or argument if a hearing is requested. 8. (a) Any hearing request or answer to this administrative complaint shall be made in writing and the response should include the following: 1. An admission or denial of each factual matter alleged in the DOH v. Martini Island d/b/a Bayou MHP Administrative Complaint Page 3 complaint. 2. A short and plain statement of each relevant affirmative defense the Respondent may have. (b) Except for good cause: 1. Factual matters alleged in this complaint and not denied in the Request for Hearing shall be presumed admitted. 2. Failure to raise a particular defense in the Request for Hearing shall be considered a waiver of defense. 8. This administrative complaint is issued pursuant to sections 120.569, 120.57 and 514.05, Florida Statutes. Any proceedings concerning this complaint shall be conducted pursuant to Chapter 28 of the Florida Administrative Code. 9. The Respondents were given full notice of this agency action. Unless a request for a hearing is received within twenty-one (21) days after receipt of this complaint; the department will issue a final order. If the Respondents desire to request a hearing, she must forward the request to: R.S. Power, Agency Clerk, BIN #A02, 4052 Bald Cypress Way, Tallahassee, Florida 32399-1703. Cindy K. Morris, ‘Environmental Administrator Hillsborough County Health Department Fra , Nagatani Chief Legal Counsel Hillsborough County Health Department 4175 East Bay Drive, Suite 135 Clearwater, Florida 33764 (727) 507-4326 ext. 1274 FBN: 361410 DOH v. Martini Island d/b/a Bayou MHP Administrative Complaint Page 4 CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing Administrative Complaint was sent by U.S. Mail, Certified Mail, Return Receipt Requested to: Martini island Land Co. 2643 Gulf to Bay Boulevard 1560-428 Clearwater, Florida 33759 Martini Island Land, LLC 2643 Gulf to Bay Boulevard 1560-428 Clearwater, Florida 33759 Robert L. Tankel, P.A. 1022 Main Street, Suite D Dunedin, FL 34698 pth this {0 day of January 2007. H. Nagatani Chief Legal Counsel Hillsborough County Health Department -DOH-HILLSBOROUGH COUNTY HEALTH DEPARTMENT ENVIRONMENTAL HEALTH SERVICES 1105 E. Kennedy Boulevard/PO BOX 5135 Tampa, Florida 33675-5135 EIS Or1icEe Marcha Tslond hon BAG Gingusteo Have Address of alleged violation (street address) nr Whee vannetan’ Address (city, state, zip) Person being cited 708 € Toveon Ave STE jy . Address of person being cited (street address) Tarton Sonne an Pitts BF YDSO iol an leat’ \Oreta Address (city, state, zip) J Date and Time of Notice (M/D/Y); a.m./p.m. ori Molle Cu: ac Maine Cexh tip - : Name of Citing Inspector Business Name (if applicable) o YOUR ATTENTION IS HEARBY CALLED TO THE FOLLOWING CONDITIONS (SEE ITEM OR ITEMS CHECKED BELOW) WHICH ARE IN VIOLATION OF FLORIDA STATUTES (FS) AND/OR RULES OF FLORIDA ADMINISTRATIVE CODES (FAC) AND/OR COUNTY ORDINANCES (CO) OF HILLSBOROUGH COUNTY AND HAVE BEEN FOUND TO EXIST AT THE PREMISES LOCATED AT ABOVE ADDRESS: > < Maintaining or causing a sanitary nuisance injurious to health. FS:386.041 Failure to properly maintain a septic system to prevent seepage of effluent (Note: The Health Department Tequires a permit be obtained prior to performing any work to repair a septic tank system). FAC:64E-6. Unpermitted repair to an onsite sewage treatment & disposal system (septic system) to include tank, D-box and/or drain field. FAC:64E-6 The above named business has not paid for their operation permit from the Hillsborough County Health Department. The fee due is and must be paid immediately to avoid further action. FS/FAC/CO:87-13 FS/ FAC/CO Rule Violations:_ FS Sew. HI Description of violation (s) observed: Teen f2 TO CC e Ly Ce rn necbicd Séeu “ie oat tte CYA Ot AS u lane. 7 ch SBE AAS AS S€eu jn OG f v Att Sea. iA Chectke GQ ints pnd ensure — ™~, OM are or: 2O2AT 4 Coane cre. a.) iN y - 7 ° YOU ARE HEREBY DIRECTED TO CORRECT THE VIOLATION WITHIN S (BAYS pHOURS OF THIS NOTICE. Elcy Cos Able at (813) 307-8015 Ext._ SY SY Any questions please contact A WARD "W005 -95 997 009-8 b- 384 Dae *§ - Certified Mail Number (if applicable) Morled ernie: Signature of Recipient 1/06 Exhibit ‘A” 7 This is for informational purposes only, with cross references between Florida Statue (FS), Florida Administrative Code (FAC), County Ordinances (CO) and is subject to change. Current FS, FAC, or CO should be consulted for the offical version of these references and any violation cited but noi referenced in this section. EXPLANATION OF CODE REFERENCES FS 386 SANITARY NUISANCES: - 386.01 A sanitary nuisance is the commission of any act, by an individual, municipality, organization, or corporation, or the keeping, maintaining, propagation, existence, or permission of anything ,by an individual, municipality, organization, or corporation, by which the health or life of an individual, or the health or lives of individuals, may be theratened or impaired, or by which or through which; directly or indirectly, disease may be caused. — ~ no =: : - FS 386.041 (1) The following conditions existing, permitted, maintained, kept or caused by any individual, municipal organization or corporation, governmental or private, shall constitute prima facie evidence of maintaining a nuisance injurious to health: . (a) Untreated or improperly treated human waste, garbage, offal, dead animals or dangerous waste materials from manufacturing processesd harmful to human or animal life and air pollutants, gases and noisome odors which are harmful to human or animal life. FAC CROSS REFERENES: Sewage: 64E-11.007 ;64E-12.005 (12) ;64E-13,004 ;64E-14.013 ; 64E-15.004; 64E-17.005 : Garbage: 64E-11.007 ; 646-12.010 ; 64E-13,.004 ; 64E-14.009 ; 64E-15.007 (b) Improperly built or maintained septic tanks, water closets or privies. FAC CROSS REFERENCES: 64E-6 (c) The keeping of diseased animals dangerous to human health ( rodent horbage) : FAC CROSS REFERENCES: 64E-11.007, 64E-12.006, 64E-13.004, 64E-14.010, 64E-15.008 (d) Unciean or filthy places where animals are slaughtered. (e) The creation, maintenance or causing of any condition capable of breeding flies, mosquitoes or other arthropods caple of transmitting diseases, directly or indirectly to humans ’ FAC CROSS REFERENCES: 64E-11.007, 64E-12.006, 64E-13.004, 64E-14.010, 64E-15.008 ( Any other condition determined to be a sanitary nuisance as defined in 386.01 OPERATION OF ESTABLISHMENT WITHOUT A VALID PERMIT: 64E-8.004 (FS 381 & 403) 64E-9.015(FS381&514) 64E-11.013 (FS 381) . 64E-14.004 (FS 381) 64E-15.010 (FS 381 & 513) 64E-16.011 (FS 381) 64E-17.006 (FS 402) CO: 87-13 CODE DISCRIPITIONS: - 64E-13-- School Sanitation 64E-14-- Migrant Labor Camps 64E-15-- Mobile Home and RV Parks 64E-16-- Biomedical Waste 648-17-- Tanning Facilities CO: 87-13 — Fees FS 386--Particular conditions affecting Public Health 64E-6—Onsite Sewage Treatment & Disposal Systems 64E-8--Drinking Water Systems 648-9—-Swiraming Pool and Bathing Places 64E-10--Sanitary Facilities for Buildings 64B-11~ Food Hygiene 64E-12-~ Residential Facilities

Docket for Case No: 07-001085