STATE OF FLORIDA o DEPARTMENT OF HEALTH: DEPARTMENT OF HEALTH, _ )I-1ST® Petitioner, vs. DOB Case No.: 2009- SEMINOLE MOBILE HOME PARK, Respondent. ' / ST. LUCIE COUNTY ADMINISTRATIVE COMPLAINT FAILURE TO ABATE SANITARY NUISANCE __ EAILURE TO ABATE SANITARY NUISANCE FAILURE TO REPAIR FAILED SEPTIC SYSTEMS EEE SYSTEMS NATURE OF THE CASE 1. This case arises from Respondent's failure to correct sanitary nuisances of human. waste and fecal matter pooling on the ground of failed septic systems. This is an- . administrative action to demand Respondent correct and repair said systems in its licensed mobile home park as per the requirements of Chapters 381 and 513 Florida Statutes, , 2. This is.also an administrative action for the imposition of cumulative per diem administrative fines as authorized in Chapters 381, 386 and 51 3, Florida Statutes, which allows a fine of $500 for each violation and for each day the violation continues. “3. Moreover, this case arises from Respondent failing to comply with a Settlement Agreement as to repairs of failing septic systems, continuing to allow human waste and raw sewage to pool on the ground surface on multiple lots and therefore failing to maintain the minimum standards set forth by the Florida Statutes and F lorida Administrative Code regulating the operation and sanitary standards for a licensed mobile home park. Page 1 of 7- Administrative Complaint AC Seminole Mobile Home Park ‘ESSEN'HAL ALLEGATIONS OF MATERIAL FACT AS TO ALL COUNTS 4. The Petitioner, State of Florida, Department of Health, St. Lucie County Health Department, is the administrative agency of the State of Florida charged with the duty to enforce provisions of Chapters 381, 386 and 513 Florida Statutes, and Chapters 64E-6 and 15 Florida Administrative Code. 5. Respondent, Seminole Mobile Home Park, 3318 Orange Avenue, Ft. Pierce in St. Lucie County, Florida, is licensed as a Mobile Home Park LLC, permit number 56-54-0003 1, as defined in Chapter 513 Florida Statutes. 6. On 7/11/08, Lot 6, the Department investigated a sanitary nuisance of fecal effluent flowing on the ground from a failed septic system. The Respondent was ordered to abate the sanitary nuisance on 7/12/08. On the repeat inspection on 7/15/08, it revealed no action had been taken to clean or abate the fecal matter on the ground. The referenced citation is hereby attached and incorporated as composite Exhibit “A”. This is an ongoing violation which the Respondent has refused to correct andthe Respondent is in violation of Chapters 381, 386 and 513 Florida Statutes, and Chapters 64E-6 and 15 Florida Administrative Code. The Department hereby imposes a Five Hundred Dollar Fine ($500.00) for this violation of law. 7. On 7/11/08, Lots 52 and 53, the Department investigated a sanitary nuisance of fecal effluent flowing on the ground from a failed septic system. The Respondent was ordered to abate the sanitary nuisance on 7/12/08. Respondent failed to résolve the situation on the repeat inspection on 7/15/08. Voice messages left for agents of property. By 7/22/08 a reinspection showed the drain field of Lot 52 had been dug up and the area limed. On 7/29/08 another recheck revealed Lot 53’s septic tank and drain field was saturated and pooled with waste water. The.area had been limed but the tank was not pumped. Strong odors of sewage directed the department inspector to a trench that had been dug to redirect wastewater to under a trailer. The referenced citation is hereby attached and incorporated as- composite Exhibit “B”. This is an ongoing Violation which the Respondent has refused to correct and the Respondent is in violation of Chapters 381, 386 and 513 Florida Statutes, and Chapters 64E-6 and 15 Florida Administrative Code. The Department hereby imposes a Five Hundred Dollar Fine ($500.00) for this violation of law. Page 2 of 7-- Administrative Complaint Seminole 8: On 9/26/08, Lot 64 App C&D, the ‘Departifigiit investigated a sanitary nuisance of pooling human waste at ground surface. The Respondent was ordered to abate the sanitary nuisance immediately. On the repeat inspection on 9/29/08, it revealed the septic tank had been pumped but the drain field was saturated and pooled waste was at the ground surface, The referenced citation is hereby attached and incorporated as composite Exhibit “C”. This is an ongoing violation which the Respondent has refused to correct and the Respondent is in violation of Chapters 381, 386 and 513 Florida Statutes, and Chapters 645-6 and 15 Florida Administrative Code. The Department hereby imposes a Four Thousand Dollar Fine ($4000.00) for this violation of law. 9. On 10/13/08, Lot 64, the Department investigated a sanitary nuisance of fecal effluent flowing on the ground from a failed septic system. The Respondent was ordered to abate the sanitary nuisance immediately. It was discovered Respondent had not adhered to a pump out schedule to forestall repeat overflows. Instead, Respondent waited for the Sanitary nuisance to occur before pumping out the tanks. The referenced citation is hereby attached and incorporated as composite Exhibit —, This is an ongoing violation which the Respondent has refused to correct and the Respondent is in violation of Chapters 381, 386 and 513 Florida Statutes, and Chapiers 64E-6 and 15 Florida Administrative Code. The Department hereby imposes a One Thousand Dollar Fine ($1000.00) for this violation of law. 10. On'10/21/08, Lot 57, the Department investigated a sanitary nuisance of human waste pooled at ground surface, Again, the Respondent failed to do daily checks to ensure all septic systems were operating in a sanitary manner. Instead, Respondent waited for the sanitary nuisance to occur before pumping out the tanks. The referenced citation is hereby attached and incorporated as composite Exhibit “E”. This is an ongoing violation which the Respondent has refused to correct and the Respondent is in violation of Chapters 381, 386 and 513 Florida Statutes, and Chapters 64E-6 and 15 Florida Administrative Code. The Department hereby i imposes a Five Hundred Dollar Fine ($500.00) for this violation of law. 11. On 12/3/0808, Lot 62, the Department observed tracing dye contained within raw sewage from Lot 62’s septic tank free flowing on the roadway, Again, the Respondent failed to do daily checks to ensure all septic systems were operating in a sanitary manner. Instead, Respondent waited for the sanitary nuisance to occur before pumping out the tanks. The Page 3 of 7- Administrative Complaint Seminole referenced. citation is hereby attached and incorporated as composite Exhibit “PF”. This is an ongoing violation which the Respondent has refused to correct and the Respondent is in violation . of Chapters 381, 386 and 513 Florida Statutes, and Chapters 645-6 and 15 Florida Administrative Code. The Department hereby imposes a Three Thousand Dollar Fine ($3000.00) for this violation of law. 12. Ongoing during the above time period of continuing sanitary nuisances, the Department was working with Respondent to explore if sewer hook-up would be mandated by the Fort Pierce Utilities Authority or if Respondent would elect for sewer hookup instead of repair of septic systems. 13. Emails and letters confirm that because of annexation issues the Utilities Authority could not mandate sewer hook up and more so Respondent elected not hook up to sanitary sewer service. 14. The Department and Respondent entered into a Settlement Agreement on or about December 12, 2008. The referenced Agreement is hereby attached and incorporated as composite Exhibit “G”, 15. Said Agreement allowed the Respondent to renew its mobile home park licensed under the stipulation of repairing the above named sy ystems by January 30, 2009. . 16. The Agreement also held in abeyance fines totaling six thousand five hundred dollars ($6,500) for Exhibits A-E noted above. REQUEST FOR RELIEF Wherefore, the Department of Health hereby imposes a total fine to date in the amount of Nine Thousand Five Hundred Dollars ($9,5 00.00) for the violations of law as stated above. The Department of Health requests that this tribunal impose additional administrative fines against the Respondent in the amount of Five Hundred Dollars ($500) per day per violation for each day the violation exists from the date of receipt of this complaint until the date the Respondent corrects the violation. Sections 386.03 (2) (c)(d), Part I, 381. 9012 and 381.0061 Florida Statutes. Page 4 of 7-- ~ Administrative Complaint Seminole The total-fine insposed-herein, to. daté, being Nine Thousand Five Hundred Dollars ($9,500.00) or the cumulative daily amount if the corrections are not timely made as set forth ‘herein, due and payable within 21 days of receipt of this Complaint to the St. Lucie County Health Department, Attn: David J. Koemer., Environmental Supervisor IL, 5150 NW Milner Drive, Port Saint Lucie, Florida, 34983. SIGNED this /Z day of J o- 2009. STATE OF FLORIDA DEPARTMENT OF HEALTH DONNA L. KORORA Florida Bar #0981930 Chief Legal Counsel 3441 SE Willoughby Blvd. - Stuart, Florida 34994. (772) 221-4090 _ CERTIFICATE OF SERVICE I hereby certify that the true and original Administrative Complaint herein was furnished to Emest Kollra, Esquire, Legal Representative for Respondent, at 1995 E. Oakland Park Blvd., Suite 300, Ft. Landerdale, Florida 33306 FedEx # $684 o06¥ 76/ and James Bellinson, Registered Agent, 2121 NW 27% Ct., Fort Lauderdale, Fl. 3331 1, Fed Ex # $684 oY 7092 this /F __ day of Li... ae xX Kowa Donna L. Korora, Esquire NOTICE OF RIGHTS TO APPEAL A party whose substantial interest is affected by this order may petition for an administrative hearing pursuant to sections 120.569 and 120.57, Fla. Stat. Such proceedings are governed by Rule 28-106, Florida Administrative Code. A petition for administrative hearing Page 5 of 7-- Administrative Complaint - Seminole must be in writing-and must be received by the Agency Clerk for the Department, within twenty- one (21) days from the receipt of this order. The address of the Agency Clerk is 4052 Bald Cypress Way, BIN # A02, Tallahassee FL 32399-1703. The Agency Clerk’s facsimile number is 850-410-1448. Mediation is not available as an alternative remedy. Your failure to submit petition for hearing within 21 days from receipt of this order will constitute a waiver of your right to an administrative hearing, and this order shall become a "final order.” Should this order become a final order, a party who is adversely affected by it is entitled to judicial review pursuant to section 120.68, Fla. Stat. Review proceedings are governed by the Florida Rules of Appellate Procedure. Such proceedings may be commenced by filing one copy of a Notice of Appeal with the Agency Clerk of the Department of Health and a second copy, accompanied by the filing fees required by law, with the Court of Appeal in the appropriate District Court. The notice must be filed within 30.days of rendition of the final order. Page 6 of 6-- Administrative Complaint Seminole | Charlie Crist : Governor HAND DELIVERED RECEIPT Date: 7/16/08 EXHIBIT Ayjcje, , Owner’s Name: Davis & Bellinson Facility’s Permit #: 56-54-00031 Facility: Seminole Mobile Home Park Facility’s Address: 3318 Orange Ave City, State, Zip: Ft, Pierce, FL leroms¢ ow Signature of Property Owner or Agent . ST. LUCIE COUNTY HEALTH DEPARTMENT Environmental Health Division 5150 NW Milner Drive + Port St. Lucie FL 34983 (772) 873-4931 © Fax (772) 873-4983 www. stluciecountyhealth.com ; STATE OF FLORIDA ‘4 fps DEPARTMENT OF HEALTH dine y wi? ‘ HAP CITATION FOR VIOLATION (NOV 56-07-08), % £. MOBILE HOME, RECREATIONAL VEHICLE, AND LODGING P. AND, 23 RECREATIONAL CAMP PROGRAM Hea Teast Whiged / UP Authority: 513.065 Florida Statutes Seminole Mobile Home Park 1. Person being cited 370 East Maple Steet 2: Address of person being cited Birmingham, MI 48009 Seminole Mobile Home Park 6. Name of Park or Camp 3318 Orange Ave, Ft. Pierce, FL 7. Address of Park or Camp Lot 6 3. Mailing Address (city, state, zip) John Hanson 4, ete ie Environmentalist anse—__— Si Signature of Citing Environmentalist Issuing Citation PART 1, CITATION OF STATUTE AND/OR RULE VIOLATIONS 8. Designated space, Lot, or Area of Alleged Violation 7/11/2008 11:50 AM 9. Date and Time of Citation: (M/D/Y: a.m./ p.m.) Write particular nature of violation, including specific : Statute Rule Violation: Violation: Violation: Violation: Violation: Violation: Violation: Violation: Violation: 386.0411 ec} reference ta the provisions of Statute and/or rule allegedly violated. Category The creation, Mainfenance, or causing of any condition capable of breeding flies, mosquitoes, or other arthropods Capable of transmitting diseases, directly or indirectly to humans. In lieu of revoking the park opereating permit, the Department may impose a fine for failure to comply with the previsions... PART 2. DESCRIPTION OF VIOLATION Describe any violations observed, along with the date and time observed. 7/11/2008 Notice to abate sanitary Nuisances was FAXed to Mike Wheeler and a phone call was received by Greg ‘McCormack for lot 6 effluant flowing at ground surface, Abatement was to occur on 7/12/2008. ‘7/15/2008 repeat violation(s) for sanitary nuisance at L-6 (No action taken to resolve sanitary situation within park roperty each violation may carry a $500/day per violation fine). Owner has not yet corrected situation, PART 3. PRELIMINARY NOTICE Date of initial notice of violation: 07/11/2008 Type of notice given: f Inspection report Routine Inspection Notice of violation 07/116/08 NOV 56-07-08 Other (specify) 7/11/08 Notice to abate sanitary nuisance Notice issued by: _ John Hanson Saint Lucie County Health Department PART 4. FOLLOW UP VISIT Date of reinspection: 7/11/2008, 7/15/2008 : : Reinspection by: John Hanson . St Lucie County Health Department DH3159, 3/99 NOTICE OF APPELLATE RIGHTS ON REVERSE Page lof 2 Obsoletes previous editions, which may not be used. eee H —— ~ - > . PART 5. ACTIONS TAKEN ‘TO CORRECT VIOLATIONS | List any actions the property owner has taken to correct the violations. The park owners have pumped septic tanks only after Health Department Official informed management that waste watér is free flowing at ground surface. For lots; L-53, L-64, L-3 The owner has failed to comply with the notice to abate Lot-6 received on July 11, 2008 “PART 6. ORDER OF CORRECTION / FINE AND PAYMENT ; The person named in this citation is hereby ordered to correct the violations(s) listed in Part 1 with L citation. days of ihe service of this The person identified on this citation is hereby directed to pay a fine in the amount of $ 500.00 for the violations listed in Part 1. Payment must be made to the St Lucie County Health Department located at 5150 NW Milner Dr. Port St. Lucie, FL 34983 within 60 days of the receipt of this citation, or you may choose the option listed in Part 9. : -PART 7. ACCEPTANCE OF CITATION ke a : The person named above acknowledges receipt of the citation issued. Any person who willfully refuses to sign and accept a citation issued by the department is guilty of a misdemeanor of the second degree, punishable as provided in section 775.082 or 775 .083, Florida Statutes. . Hi i : { Signature of Recipient PART 8. REDUCTION OR WAIVER OF FINE ; . cs The person named in this citation may request that the amount of the fine in Part 6 be reduced or waived by demonstrating good faith in correcting the violations, or by presenting “before and after” evidence to the St Lucie County Health Department within two working days of the time of issuance of this citation. In determining whether to reduce or waive the fine, the St Lucie County Health Department shall consider the gravity of the violation, the person’s attempts at correcting the violation, and the person’s history of previous violations. The County Health Department is not required to reduce or waive the fine. The amount of this citation is hereby reduced or waived to the amount of $ , Signature, CHD Director/Administrator Date PART 9. REQUEST FOR ADMINISTRATIVE HEARING oe a Per sections 120.569 and 120.57, Florida Statutes, the recipient has the right to request a formal or informal administrative hearing to contest the citation within 21 days after the date the citation is received. If the recipient fails to timely request a hearing, pay the fine within the time allowed, or fails to appear to contest the citation after having requested a hearing, the recipient will have waived the right to contest the citation and this citation becomes a final order requiring the recipient to pay the amount of the fine shown above. I request an administrative hearing, Yes QO No Oo O No oO T dispute the material facts, : Yes Signature of Person Named on Citation/ Agent Date NOTICE OF APPELLATE RIGHTS ON REVERSE White copy: County Health Department Yellow copy: Citation Recipient eee ~ ”. _.DH3159,3/99--Obsoletes previous editions which may not be used Page 2 of 2 ‘ Bb NOTICE OF APPELLATE.RIGHTS = oo ee This citation becomes a Final Order of the Department if you have not contested the Citati within twenty-one (21) days of the date upon which the Citation was served upon you. If this Citation becomes a Final Order of the Department, you have the right to appeal the Final Order to the District Court of Appeal in your area or the First District Court of Appeal. on YOU ARE HEREBY NOTIFIED, pursuant to sections 120.569 and 120.68, Fiorida Statutes, that you may appeal the Final order by filing one copy of a Notice of Appeal with the Clerk of the Department of Health, 4052 Bald Cypress Way, BIN #A02, Tallahassee, Florida 32399-1703, and | by filing one copy of the Notice of Appeal and filing fee ($250, pursuant to section 35.22(3), Florida Statutes) with the District Court of Appeal within thirty (30) days of the effective date of the Final Order. INSTRUCTIONS FOR COMPLETING DH 3159: I. The name of the person being cited shall be the owner, operator, supervisor, or person authorized to accompany the inspector on a walk around inspection. 2. Below the person’s name being cited, place the mailing address of that person. 3. Include the city, state and zip code of the place of residence of the person being cited. 4, Name of inspector issuing the citation must be on form. 5. Signature of the person issuing the citation. 6. Print the name of the park or camp where the alleged violation is being cited. 7. Print the physical address of the park or camp of the alleged violation. 8. List the location of the alleged violation by designation of the space of a manufactured mobile home in a park; and the room, building or area of a camp. 9. Indicate the date and time the citation is being issued in month/day/year format, and the time in the arv/pm format. Part 1. State the section or subsection of the law and administrative rule allegedly violated and include a brief staternent of the violated cited. Part 2. Describe the observed violation and provide pertinent facts related to the violation, Part 3. The county health department must complete this part. Part 4. This part if completed by the county health department employee conducting the follow-up visit or investigation. Part 5. Describe actions the property owner has already taken to correct the violations. Part 6. Enter order of correction and include time period for correction. An order of correction and an order to pay a fine may both be imposed, Enter the amount of the fine being imposed for the violations listed in Part I. in no event shall the fine imposed by a citation exceed $500 for each violation. Each day a violation exists constitutes a separate violation for which a citation may be issued (g. 513.0065, FS). Fines shall be assessed from the date of the initial notice of violation. This amount may be reduced or waived as per Part 8, Insert the name of the county health department issuing the citation. Part 7, The signature of the recipient must be the same as the person cited. Part 8. Ifa request for fine reduction or waiver is submitted by the person named in the citation, the County Health Department Director or Administrator shall evaluate the justification for fine reduction or waiver and consider the gravity of the violation, the person’s attempts at correcting the violation, and the person’s history of previous violations. If a reduction or waiver of the fine is Justified, the reduced or waived fine shall be specified in the space provided and the county health department Director/Administrator must sign and date in the spaces provided, Part 9. The person named in the citation must indicate whether or not an administrative hearing is being requested, and the person must sign and date the request. Charlie Crist Ana M. Viamonte Ros, M.D., M.P.H. Govemor State Surgeon General HAND DELIVERED RECEIPT Date: 7/31/08 EXHIBIT _4 scnse. Owner's Name: Davis & Bellinson Facility’s Permit #: 56-54-0031 Facility: Seminole Mobile Home Park Facility's Address: 3318 Orange Ave _L-53, L-52 ' City, State, Zip: Ft. Pierce, FL ighatubé of Property Owner or Agent Ss ST. LUCIE COUNTY HEALTH DEPARTMENT : Environmental Health Division : 5150 NW Milner Drive « Port St. Lucie FL 34983 (772) 873-4931 + Fax (772) 873-4983 www stluciecountyhealth.com na ...... STATE OF FLORIDA. a ee DEPARTMENT OF HEALTH CITATION FOR VIOLATION (NOV 56-07-08) MOBILE HOME, RECREATIONAL VEHICLE, AND LODGING PARKS AND RECREATIONAL CAMP PROGRAM Authority: $13.065 Florida Statutes Seminole Mobile Home Park Seminole Mobile Home Park | 1. Person being cited 6. Name of Park or Camp 370 East Maple Steet 3318 Orange Ave, Ft. Pierce, FL 2. Address of person being cited 7. Address of Park or Camp Birmingham, MI_ 48009 : _ Lot 52, Lot 53 8. Designated space, Lot, or Area of Alleged Violation 3.' Mailing Address (city, state, zip) 7129/2008 12:05 PM. ; 9. Date and Time of Citation: (M/D/Y: a.m./ p.m.) John Hanson of Giting Environmentalist 3.:Signature of Citing Environmentalist Issuing Citation : PART 1. CITATION OF STATUTE AND/OR RULE VIOLATIONS _ . Write particular nature of violation, including specific reference to the provisions of Stabite and/or rule allegedly vi iolated. Statute Rule Category : The creation, Maintenance, or causing of any condition Citation: 386.0411 : Violation: capable of breeding flies, mosquitoes, or other arthropods Citation: i Violation; Capable of transmitting diseases, directly or indirectly Citation: Violation: to humans. Citation: Violation: Citation: : Violation: Citation: Violation: Citation: 513.054 . | Violation: In lieu of revoking the park opereating permit, the Citation: Violation: Department may impose a fine for failure to comply Violation: _ with the previsions... PART 2. DESCRIPTION OF VIOLATION Describe any violations observed, along with the date and time observed. 7/11/2008 2:00 PM Notice to abate sanitary Nuisances was FAXed to Mike Wheeler and a phone call was received by Greg McCormack for lot 53 effluent flowing at ground surface. Abatement was to occur on 7/12/2008, 7/15/2008 11:38 AM repeat violation(s) for sanitary nuisance at L-53 (No action taken to resolve sanitary situation within. park property each violation may carry a $500/day per violation fine). Owner has not yet corrected situation. Attempted to leave voice messages left for Ray to meet on Lot 53. : 7/22/2008 10:35 AM Left voice message with Greg to inquire concemming Lot 53. No action taken. Observed that lot-52's Septic tank had been dug up and area limed. 7/29/2008 12:02PM Recheck I found that lot 53's septic tank was full and drain field was saturated and pooled waste water at ground surface. Area limed but tank not pumped. Lot 52 strong odors of sewage directed me to a 40 foot X 25 foot area of pooled waste water under trailer at ground surface. Trench dug to redirect wastewater to street on L-52 & L-53.— PART 3. PRELIMINARY NOTICE: Date of initial notice of violation: 07/11/2008 Type of notice given: Reinspection on 7/29/08 12:02 Inspection report Routine Inspection PM Notice of violation 07/29/08 NOV 56-07-08 Other (specify) 7/11/08 Notice to abate sanitary nuisance | Notice issued by: _ John Hanson Saint Lucie County Health Department )LLOW UP VISIT ee Ee, Date of reimpection: 7/5/9008, 7/29/2008 inspection by: John Hanson _ St Lucie County Health DH3159, 3/99 NOTICE OF APPELLATE RIGHTS ON REVERSE Obsoletes previous editions, which may not be used. PART 5. ACTIONS TAKEN TO CORRECT VIOLATIONS List any actions the property owner has taken to correct the violations. ‘The park owners have pumped septic tanks only after Health Department Official informed management that waste water is free flowing at ground surface. For lots; L-53, L-52 The owner has failed to comply with the notice to abate Lot-53,_ received on July 11, 2008 Lot-52 The owner has failed to correct or monitor a known Sanitary nuisance from 7/22/2008 to 7/29/2008 PART 6. ORDER OF CORRECTION / FINE AND PAYMENT fan The person named im this citation is hereby ordered to correct the violations(s) listed in Part 1 with ] days of the citation. : service of this The person identified on this citation is hereby directed to pay a fine in the amount of $ 500.00 for the violations listed in Part 1. Payment must be made to the St Lucie County Health Department located at 5150 NW Milner Dr. Port St. Lucie, FL 34983 within 60 days of the receipt of this citation, or you may choose the option listed in Part 9. PART 7. ACCEPTANCE OF CITATION ee The person named above acknowledges receipt of the citation issued. Any person who willfully refuses to Sign and accept a citation issued by the department is guilty of a misdemeanor of the second degree, punishab pyovided in section 775.082 or 775.083, Florida Statutes. Date PART 8, REDUCTION OR WAIVER OF FINE The person named in this citation May request that the amount of the fine in Part 6 be reduced or waived by demonstrating good faith in correcting the violations, or by presenting “before and after” evidence to the St Lucie County Health Department within two working days of the time of issuance of this citation. In determining whether to reduce or waive the fine, the St Lucie County Health Department shall consider the gravity of the violation, the person’s attempts at correcting the violation, and the person’s history of previous violations. The County Health Department is not required to reduce or waive the fine. / The amount of this citation is hereby reduced or waived to the amount of $ Date Signature, CHD Director/Administrator PART 9. REQUEST FOR ADMINISTRATIVE HEARING Per sections 126.569 and 120.57, Florida Statutes, the recipient has the night to request a formal or informal administrative hearing to contest the citation within 21 days after the date the citation is received. If the recipient fails to timely request a hearing, pay the fine within the time allowed, or fails to appear to contest the citation after having requested a hearing, the recipient will have waived the right to contest the citation and this citation becomes a final order requiring the recipient to pay the amount of the fine shown above. I request an administrative hearing, Yes oO No | I dispute the material facts, Yes oO No im Signature of Person Named on Citation/ Agent Date NOTICE OF APPELLATE RIGHTS ON REVERSE White copy: County Health Department , Yellow copy: Citation Recipient DH 3159, 3/99 Obsoleies previout‘cditions which may not be used Page 2 of 2 : ° : NOTICE OF APPELLATE RIGHTS - This citation becomes a Final Order of the Department if you have not contested the Citation within twenty-one (21) days of the date upen which the Citation was served upon you. If this Citation becomes a Final Order of the Department, you have the right to appeal the Final Order to the District Court of Appeal in your area or the First District Court of Appeal. YOU. ARE HEREBY NOTIFIED, pursuant to sections 120.569 and 120.68, Florida Statutes, that you may appeal the Final order by filing one copy of a Notice of Appeal with the Clerk of the Department of Health, 4052 Bald Cypress Way, BIN #A02, Tallahassee, Florida 32399-1703, and by filing one copy of the Notice of Appeal and filing fee ($250, pursuant to section 35.22(3), Florida Statutes) with the District Court of Appeal within thirty (30) days of the effective date of the Final Order. INSTRUCTIONS FOR COMPLETING DH 3159: 1. The name of the person being cited shall be the owner, aperator, supervisor, or person authorized to accompany the inspector on a walk around inspection. ; 2. Below the person’s name being cited, place the mailing address of that person. 3. Include the city, state and zip code of the place of residence of the person being cited. 4. Name of inspector issuing the citation must be on form. 5. Signature of the person issuing the citation. 6. Print the name of the park or camp where the alleged violation is being cited. 7. Print the physical address of the park or camp of the alleged violation. 8. List the location of the alleged violation by designation of the space of a manufactured mobile home in a park; and the room, building or area of 2 camp. 9. Indicate the date and time the citation is being issued in month/day/year format, and the time in the arc/pm format. Part I. State the section or subsection of the law and administrative rule allegedly violated and include a brief statement of the violated cited. ; Part 2, Describe the observed violation and provide pertinent facts related to the violation. Part 3. The county health department must complete this part. Part 4. This part if completed by the county health department employee conducting the follow-up visit or investigation. Part 5. Describe actions the property owner has already taken to correct the violations. Part 6. Enter order of correction and include time period for correction. An order of correction and an order to pay a fine may both be imposed. Enter the amount of the fine being imposed for the violations listed in Part {. In no event shall the fine imposed by a citation exceed $500 for each violation. Each day a violation exists constitutes a separate violation for which a citation may be issued (s. 513.0065, FS). Fines shall be assessed from the date of the initial notice of violation. This amount may be reduced or waived as per Part 8. Insert the name of the county health department issuing the citation. _ Part 7. The signature of the recipient must be the same as the person cited, Part 8. Ifa request for fine reduction or waiver is submitted by the person named in the citation, the County Health Department Director or Administrator shal] evaluate the justification for fine reduction or waiver and consider the gravity of the violation, the = Jestified,, the reduced or waived fine shall-be specified in-the space provided and the county health department person’s affempts at correcting the violation, and the person’ 5 history of previous violations. If a reduction or waiver of the fine is Director/Administrator must sign and date in the spaces provided. Part 9. The person named in the citation nmst indicate whether or not an administrative hearing is being requested, and the person must sign and date the request. Charlie Crist Ana M. Viamonte Ros, M.D., M.P.H. . Governor State Surgeon General HAND DELIVERED RECEIPT Date: 9/30/08 Citation56-09-08 Lot-64, App C & D . Owner's Name: Davis & Bellinson Facility’s Permit #: 56-54-00031 EX H | B IT ¢ “4 ae es Facility: Seminole Mobile Home Park Facility’s Address: 3318 Orange Ave City, State, Zip: Ft. Pierce, FL 34947 <7 Signature of Property Owner ST. LUCIE COUNTY HEALTH DEPARTMENT Environmental Health Division 5150 NW Milner Drive + Port St. Lucie FL 34983 (772) 873-4931 » Fax (772) 873-4983 www. stluciecountyhealth.com STATE OF FLORIDA DEPARTMENT OF HEALTH my - CITATION FOR VIOLATION NOV5G09-08) foes } MOBILE HOME, RECREATIONAL VEHICLE, AND LODGIN' PARKS AND RECREATIONAL CAMP PROGRAM <6 4 fe /p. 23 Authority: 513.065 Florida Statutes é BUST oe Seminole Mobile Home Pah /! eee Seminole Mobile Home Park 6. Name of Park or Camp ° 46 1, Person being cited 370 East Maple Steet 3318 Orange Ave, Ft, Pierce, FL : 2. Address of person being cited 7. Address of Park or Camp : : Lot 64, App C&D 8. Designated space, Lot, or Area of Alleged Violation Birmingham, MI_ 48009 3. Mailing Address (city, state, zip) John Hanson 9/26/2008 3:17 PM i ith 9. Date and Time of Citation: (M/D/Y: a.m/ p.m.) PART 1. CITATION OF STATUTE AND/OR RULE VIOLATIONS Write particular nature of violation, including specific reference to the provisions of Statute and/or rule allegedly violated. Statute . Rule Category The creation, Maintenance, or causing of any condition Citation: 386.041(1)(e) Violation: _ capable of breeding flies, mosquitoes, or other arthropods Citation: . Violation: Capable of transmitting diseases, directly or indirectly Citation: Violation: to humans. Citation: Violation: Citation: Violation: | Citation: Violation: Citation: 513.054 Violation: —_In lieu of revoking the park opereating permit, the Citation: Violation: Department may impose a fine for failure to comply Citation: Violation: __ with the e previsions... PART 2. DESCRIPTION OF VIOLATION Describe any violations observed, along with the date and time observed. Abatement was to occur on 9/26/2008. 9/26/2008 11:38 AM tepeat violation(s) for sanitary nuisance at L-64. App C & D pooling human waste at surface. (No { - action taken to resolve sanitary situation within park property each violation may carry a $500/day per violation fine). : Owner has not yet corrected situation. Faxed m gent request to correct all sanitary nuisances at 3:17 PM to main office. 9/26/2008 4:33 PM E-mailed to Bill McGee and Jim Bellinson problems at Lot-64 and App. C & D. 9/29/2008 2:12 PM Recheck I found that lot 64's & App C & D's septic tank had been pumped but drain field was saturated and pooled waste water at ground surface. PART 3. PRELIMINARY NOTICE Date of initial notice of violation: 9/26/2008 Type of notice given: Notice to abate : : Reinspection on 9/29/08 2:12 Inspection report Compliant PM Notice of violation 9/29/08 NOV 56-09-08 Other (specify) $/26/2008 E-mail notice to abate Notice issued by: — John Hanson Saint Lucie County Health Department PART 4. FOLLOW UP VISIT Date of reinspection: 9/29/2008 St Lucie County Health Department Reinspection by: John Hanson DH3159, 3/99 NOTICE OF APPELLATE RIGHTS ON REVERSE Obsolctes previous editions, which may not be used. PART 5. ACTIONS TAKEN TO CORRECT VIOLATIONS List any actions the property owner has taken to correct the violations. The park owners have pumped septic tanks only after Health Department Offic free flowing at ground surface. For lots; L-64, App C&D The owner has failed to comply with the notice to abate Lot-64 App C & D Untill 3:40 PM, call from Ray received on September 29, 2008 : ial informed management that waste water is PART 6. ORDER OF CORRECTION / FINE AND PAYMENT The person named in this citation is hereby ordered to correct the violations(s) listed in Part 1 with ] days of the service of this citation. The person identified on this citation is hereby directed to pay a fine in the amount of $ 4000.00 for the violations listed in Part 1. Payment must be made to the St Lucie County Health Department located at 5150 NW Milner Dr. Port St. Lucie, FL 34983 within 60 days of the receipt of this citation, or you ma choose the option listed in Part 9. PART 7. ACCEPTANCE OF CITATION The person named above acknowledges receipt of the citation issued. Any person who willfully refuses to sign and accept a citation issued by the department is guilty of a misdemeanor of the second degree, punishable as provided in section 775.082 or 775.083, Florida Statutes. PART 8. REDUCTION OR WAIVER OF FINE The person named in this citation may request that the amount of the fine in Part 6 be reduced or waived by demonstrating good faith in correcting the violations, or by presenting “before and after” evidence to the St Lucie County Health Department within two working days of the time of issuance of this citation. In determining whether to reduce or waive the fine, the St Lucie County Health Department shall consider the gravity of the violation, the person’s attempts at correcting the violation, and the person’s history of previous violations. The County Health Department is not required to reduce or waive the fine. The amount of this citation is hereby | reduced or waived to the amount of $ . Signature, CHD Director/Administrator Date PART 9, REQUEST FOR ADMINISTRATIVE HEARING or fails to appear to contest the citation after having requested a hearing, the test the citation and this citation becomes a final order requiring the recipient to pay No O No 0 T request an administrative hearing. Yes O I dispute the material facts. Yes Oo Date Signature of Person Named on Citation/ Agent . NOTICE OF APPELLATE RIGHTS ON REVERSE White copy: County Health Department Yellow copy: Citation Recipient DH 3159, 3/99 Obsoletes previous editions which may not be used Page 2 of 2 NOTICE OF APPELLATE RIGHTS This citation becomes a Final Order of the Department if you have not contested the Citation within twenty-one (21) days of the date upon which the Citation was served upon you. If this Citation becomes a Final Order of the Department, you have the right to appeal the Final Order to the District Court of Appeal in your area or the First District Court of Appeal. YOU ARE HEREBY NOTIF IED, pursuant to sections 120.569 and 120.68, Florida Statutes, that you may appeal the Final order by filing one copy of a Notice of Appeal with the Clerk of the Department of Health, 4052 Bald Cypress Way, BIN #A02, Tallahassee, Florida 32399-1703, and by filing one copy of the Notice of Appeal and filing fee ($250, pursuant to section 35.22(3), Florida Statutes) with the District Court of Appeal within thirty (30) days of the effective date of the Final Order. INSTRUCTIONS FOR COMPLETING DH 3159: 1, The name of the person being cited shall be the Owner, operator, supervisor, or person authorized to accompany the inspector on a walk around inspection, 2. Below the person’s name being cited, place the mailing address of that person. 3. Include the city, state and zip code of the place of residence of the person being cited. 4. Name of inspector issuing the citation must be on form. 5. Signature of the person issuing the citation. 6. Print the name of the park or camp where the alleged violation is being cited. 7. Print the physical address of the park or camp of the alleged violation. 8. List the location of the alleged violation by designation of the space of a manufactured mobile home in a park; and the room, building or area of a camp. 9. Indicate the date and time the citation is being issued in month/day/year format, and the time in the am/pm format. Part I. State the section or subsection of the law and administrative rule allegedly violated and include a brief Statement of the violated cited, Part 2. Describe the observed violation and provide pertinent facts related to the violation. Part 3. The county health department must complete this part. Part 4, This part if, completed by the county health department employee conducting the follow-up visit or investigation. Part 5. Describe actions the Property owner has already taken to correct the violations. Part.6, Enter order of correction and include time period. for correction. An order of correction and an order to pay a fine may both be imposed. Enter the amount of the fine being imposed for the violations listed in Part 1. In no.event shall the fine imposed by.a citation exceed $500 for each violation. Each day a violation exists constitutes a separate violation for which a ‘citation may be issued (s. 513.0065, FS). Fines shall be-assessed from the date of the initial notice of violation. This amount may be reduced or waived as per Part 8. Insert the name of the county health department issuing the citation. Part 7. The signature of the recipient must be the same as the person cited. Part 8. If a request for fine reduction or waiver is submitted by the person named in the citation, the County Health Department Director or Administrator shall evaluate the justification for fine reduction or waiver and consider the gravity of the violation, the Person’s attempts at correcting the violation, and the person’s history of previous violations. If a reduction or waiver of the fine is Justified, the reduced or waived fine shall be specified in the space provided and the county health department Director/Administrator must sign and date in the spaces provided. Part 9. The person named in the citation must indicate whether or not an administrative hearing is being requested, and the person must sign and date the request. can FLORIDA DEPARTMENT OF 4 — AEALTHy ., Charlie Crist digg Ana “tlamonte Ros, M.D., M.P. H, Hap 7 #? 3p State Surgeon General Governor ST et HAND DELIVERED 4 TEST Dare Rigs Date: 10/14/2008 EXHIBIT Dynes Owner’s Name: Davis & Bellinson Facility’s Permit #: 56-54-00031 Facility: Seminole Mobile Home Park Facility’s Address: 3318 Orange Ave _L-64 City, State, Zip: Ft. Pierce, FL Sanitary Nuisance on L-64 ST. LUCIE COUNTY HEALTH DEPARTMENT Environmental Health Division 5150 NW Milner Drive + Port St. Lucie FL 34983 (772) 873-493 | + Fax (772) 873-4983 STATE OF FLORIDA DEPARTMENT OF HEALTH yy, CITATION FOR VIOLATION we sesh oO “4d MOBILE HOME, RECREATIONAL VEHICLE, AND LOD: RECREATIONAL CAMP PROGRAM, An Authority: 513.065 Florida Statutes Age eS) Or 3 > ORE ‘ Ehdy T. oo OF MoS. Seminole Mobile Home Park Seminole Mobile HoniePar iy l ue 1. Person being cited 6. Name of Park or Camp '%: 370 East Maple Steet 3318 Orange Ave, Ft. Pierce, FL 2. Address of person being cited 7. Address of Park or Camp Lot 64 8. Designated space, Lot, or Area of Alleged Violation Birmingham, MI 48009 3. Mailing Address (city, state, zip) 10/13/2008 1:21 PM _ John Hanson ‘i 9. Date and Time of Citation: (M/D/Y: a.m./ p.m.) 4. Print pame of Citing Environmentalist 5. Signature of Citing Environmentalist Issuing Citation PART 1. CITATION OF STATUTE AND/OR RULE VIOLATIONS Write particular nature of violation, including specific reference to the provisions of Statute and/or mule allegedly violated. Statute Rule Category The creation, Maintenance, or causing of any condition Citation: 386.041(1)(e) Violation: capable of breeding flies, mosquitoes, or other arthropods Citation: Violation: Capable of transmitting diseases, directly or indirectly Citation: Violation: to humans. Citation: Violation: Citation: is Violation: Citation: Violation: Citation: 513.054 Violation: _ In lieu of revoking the park opereating permit, the Citation: Violation: | Department may impose a fine for failure to comply Citation: Violation: _ with the previsions... PART 2. DESCRIPTION OF VIOLATION Describe any violations observed, along with the date and time observed. Abatement was to occur on 9/26/2008. 10/13/2008 1:21 PM repeat violation(s) for sanitary nuisance at L-64. Human waste at ground surface. (No action taken to resolve sanitary situation within park property each violation may carry a $500/day per violation fine). Owner has not yet corrected situation. I was able to contact Ray Deyoung with urgent request to correct sanitary nuisances at 3:33 PM. 10/14/2008 9:22 AM Recheck I found that lot 64 septic tank had been pumped. : PART 3. PRELIMINARY NOTICE Date of initial notice of violation: 10/13/2008 —t Type of notice given: Notice to abate , Reinspection on 10/14/08 2:12 Received Complaint Compliant 63/08 PM Notice of violation 10/14/08 NOV 56-09-08 Other (specify) Notice issued by: John Hanson Saint Lucie County Health Department PART 4. FOLLOW UP VISIT Date of reinspection: 9/29/2008 : Reinspection by: John Hanson. St Lucie County Health Department _| DH3159, 3/99 NOTICE OF APPELLATE RIGHTS ON REVERSE Obsoletes previous editions, which may not be used. PART 5. ACTIONS TAKEN TO CORRECT VIOLATIONS List any actions the property owner has taken to correct the violations. The park owners have pumped septic tanks only after Health Department Official informed management that waste water is free flowing at ground surface. For lot; L-64 The owner has failed to comply with the agreed pump out schedual and notice to ab: 8:48 AM, on 10/14/2008 Stating that purnp out will occur today at 9:00 AM. ate Lot-64 , I received call from Ray at PART 6. ORDER OF CORRECTION / FINE AND PAYMENT The person named in this citation is hereby ordered to correct the violations(s) listed in Part 1 with 1 days of the service of this citation. The person identified on this citation is hereby directed to pay a fine in the amount of $ 1000.00 for the violations listed in Part 1. Payment must be made to the St Lucie County Health Department located at 5150 NW Milner Dr. Port St. Lucie, FL 34983 within 60 days of the receipt of this citation, or you may choose the option listed in Part 9. PART 7. ACCEPTANCE OF CITATION . The person named above acknowledges receipt of the citation issued. Any person who willfully refuses to sign and accept a citation issued by the department is guilty of a misdemeanor of the second degree, punishable as provideryin sgetion 775.082 pr 775.083, Florida Statutes. PART 8. REDUCTION OR WAIVER OF FINE The person named in this citation may request that the amount of the fine in Part 6 be reduced or waived by demonstrating good faith in correcting the violations, or by presenting “before and after” evidence to the St Lucie County Health Department within two working days of the time of issuance of this citation. In determining whether to reduce or waive the fine, the St Lucie County Health Department shall consider the gravity of the violation, the person’s attempts at correcting the violation, and the person’s history of previous violations. The County Health Department is not required to reduce or waive the fine. The amount of this citation is hereby reduced or waived to the amount of $ Signature, CHD Director/Administrator Date PART 9. REQUEST FOR ADMINISTRATIVE HEARING . Per sections 120.569 and 120.57, Florida Statutes, the recipient has the right to request a formal or informal administrative hearing to contest the citation within 21 days after the date the citation is received. If the recipient fails to timely request a hearing, pay the fine within the time allowed, or fails to appear to contest the citation after having requested a hearing, the recipient will have waived the right to contest the citation and this citation becomes a final order requiring the recipient to pay the amount of the fine shown above. No oO No oO I request an administrative hearing. Yes CJ I dispute the material facts. Yes | Date Signature of Person Named on Citation/ Agent NOTICE OF APPELLATE RIGHTS ON REVERSE White copy: County Health Department Yellow copy: Citation Recipient : Page 2 of 2 DH 3159, 3/99 Obsoletes previous editions which inay norbe used ge NOTICE OF APPELLATE RIGHTS This citation becomes a Final Order of the Department if you have not contested the Citation within twenty-one (21) days of the date upon which the Citation was served upon you. If this Citation becomes a Final Order of the Department, you have the right to appeal the Final Order to the District Court of Appeal in your area or the First District Court of Appeal. YOU ARE HEREBY NOTIFIED, pursuant to sections 120.569 and 120.68, Florida Statutes, that you may appeal the Final order by filing one copy of a Notice of Appeal with the Clerk of the Department of Health, 4052 Bald Cypress Way, BIN #A02, Tallahassee, Florida 32399-1703, and by filing one copy of the Notice of Appeal and filing fee ($250, pursuant to section 35.22(3), Florida Statutes) with the District Court of Appeal within thirty (30) days of the effective date of the Final Order. : | INSTRUCTIONS FOR COMPLETING DH 3159: 1. The name of the person being cited shall be the owner, operator, supervisor, or person authorized to accompany the inspector on a walk around inspection. 2. Below the person’s name being cited, place the mailing address of that person. 3. Include the city, state and zip code of the place of residence of the person being cited. 4, Name of inspector issuing the citation must be on form. 5. Signature of the person issuing the citation. 6. Print the name of the park or camp where the alleged violation is being cited. 7. Print the physical address of the park or camp of the alleged violation. 8. List the location of the alleged violation by designation of the space of a manufactured mobile home in a park; and the room, building or area of 2 camp. 9, Indicate the date and time the citation is being issued in month/day/year format, and the time in the am/pm format. Part 1. State the section or subsection of the law and administrative rule allegedly violated and include a brief statement of the violated cited. Part 2, Describe the observed violation and provide pertinent facts related to the violation. Part 3. The county health department must complete this part. Part 4, This part if completed by the county health department employee conducting the follow-up visit or investigation, Part 5. Describe actions the property owner has already taken to correct the violations. Part 6. Enter order of correction and include time period for correction. An order of correction and an order to pay a fine may both be imposed. Enter the amount of the fine being imposed for the violations listed in Part 1. In no event shall the fine imposed by a citation exceed $500 for each violation. Each day a violation exists constitutes a separate violation for which a citation may be issued (s. 513.0065, FS). Fines shall be assessed from the date of the initial notice of violation. This amount may be reduced or waived as per Part 8. Insert the name of the county health department issuing the citation. Part 7, The signature of the recipient must be the same as the person cited. Part 8. Ifa request for fine reduction or waiver is submitted by the person named in the citation, the County Health Department Director or Administrator shall evaluate the justification for fine reduction or waiver and consider the gravity of the violation, the person’s attempts at correcting the violation, and the person’s history of previous violations. If a reduction or waiver of the fine is justified, the reduced or waived fine shall be specified in the space provided and the county health department Director/Administrator must sign and date in the spaces provided. Part 9. The person named in the citation must indicate whether or not an administrative hearing is being requested, and the person must sign and date the request. Charlie Crist z Ana M. Viamonte Ros, M.D., M.P.H. Governor : State Surgeon General HAND DELIVERED RECEIPT Date: 10/21/2008 Owner's Name: Davis & Bellinson ; EXH IB IT Facility's Permit #: 56-54-00031 Facility: Seminole Mobile Home Park os Facility’s Address: 3318 Orange Ave_L-57 City, State, Zip: Ft. Pierce, FL Sanitary Nuisance on L-57 Citation 56-10-08 Signature of Property Owner or Agent ST. LUCIE COUNTY HEALTH DEPARTMENT Environmental Health Division 5150 NW Milner Drive « Port St. Lucie FL 34983 (772) 873-4931 + Fax (772) 873-4983 www.stluciecountyhealth.com STATE ¢ OF ‘FLORIDA & DEPARTMENT OF HEALTH me f MOBILE HOME, RECREATIONAL VEHICLE, AND LODGING PA D RECREATIONAL CAMP PROGRAM 4‘) Diy “sp @ > Y Authority: 513.065 Florida Statutes Lyell in op CAR: ‘ Wig be Seminole Mobile Home Park. Seminole Mobile Home Park " 6. Name of Park or Camp 1. Person being cited 3318 Orange Ave, Ft. Pierce, FL 370 East Maple Steet 7. Address of Park or Camp 2. Address of person being cited Lot 57 Birmingham, MI 48009 8. Designated space, Lot, or Area of Alleged Violation 3. Mailing Address (city, state, zip) 10/21/2008 9:36 AM John Hanson 4, Print yame of Citing Environmentalist 456K 5. Signature of Citing Environmentalist Issuing Citation PART 1. CITATION OF STATUTE AND/OR RULE VIOLATIONS Write particular nature of violation, including specific reference to the provisions of Statute and/or mule allegedly violated. Statute Rule Category The creation, Maintenance, or causing of any condition Citation: 386.041{1)}(e) Violation: capable of breeding flies, mosquitoes, or other arthropods Citation: Violation: Capable of transmitting diseases, directly or indirectly Citation: Violation: to humans. Citation: Violation: Citation: Violation: 9. Date and Time of Citation: (M/D/Y: a.m./ p.m.) Citation: Violation: ; Citation: 513.054 Violation: In lieu of revoking the park opereating permit, the Citation: i Violation: Department may impose a fine for failure to comply Citation: Violation: _ with the previsions... PART 2. DESCRIPTION OF VIOLATION | | Describe any violations observed, along with the date and time observed. Abatement was to occur on 10/21/2008. 10/21/2008 9:36 AM. Human waste was found pooled at ground surface at lot 57 by this inspector. Property owners and management stated they would conduct daily checks to ensure that all septic systems were operating in a sanitary manner. Each violation may carry a $500/day per violation fine, Owner has not yet corrected situation and this inspector continues to find sanitary nuisances, I was able to contact Greg McCormack with urgent request to correct sanitary nuisance at 9:47AM. _All Star Septic was on site and Greg gave the go-a-head with corrective pump out. or PART 3. PRELIMINARY NOTICE ‘Date of initial notice of violation: 10/21/2008 Type of notice given: Notice to abate Received Complaint Compliant 64/08 Notice of violation 10/21/08 NOV 56-10-08 Other (specify) Notice issued by: _ John Hanson Saint Lucie County Health Department PART 4. FOLLOW UP VISIT Date of reinspection: 10/21/2008 : { Reinspection by: John Hanson St Lucie County Health Department DH3159, 3/99 NOTICE OF APPELLATE RIGHTS ON REVERSE .Obsoletes previous editions, which may not be used. ia PART 5. ACTIONS TAKEN TO CORRECT VIOLATIONS List any actions the property owner has taken to correct the violations. The park owners have pumped septic tanks only after Health Department Official informed management that waste water is free flowing at ground surface. For lot; L-57 on 10/21/2008 at 9:47 AM The owner has failed to comply with the agreed park walk through in order to maintain a safe, clean and nuisance free park. ——+ | PART 6. ORDER OF CORRECTION / FINE AND PAYMENT 1 The person named in this citation is hereby ordered to correct the violations(s) listed in Part 1 with 1 days of the service of this citation. The person identified on this citation is hereby directed to pay a fine in the amount of $ 500.00 for the violations listed in Part 1. Payment must be made to the St Lucie County Health Department located at 5150 NW Milner Dr. Port St. Lucie, FL 34983 [within 60 days of the receipt of this citation, or you may choose the option listed in Part 9. PART 7, ACCEPTANCE OF CITATION The person named above a cnowledges receipt of the citation issued. Any-person who willfully refuses to sign and accept a citatior-isgued by the department is guilty of a misdemeanor of the second degree, punishable as provided i : 75.082 or 775.083, Florida Statutes. Signature of Recipient Date PART 8. REDUCTION OR WAIVER OF FINE The person named in this citation may request that the amount of the fine in Part 6 be reduced or waived by demonstrating good faith in correcting the violations, or by presenting “before and after” evidence to the St Lucie County Health Department within two working days of the time of issuance of this citation. In determining whether to reduce or waive the fine, the St Lucie County Health Department shall consider the gravity of the violation, the person’s attempts at correcting the violation, and the person’s history of previous violations. The County Health Department is not required to reduce or waive the fine. The amount of this citation is hereby reduced or waived to the amount of $ Signature, CHD Director/Administrator Date F PART 9. REQUEST FOR ADMINISTRATIVE HEARING Per sections 120.569 and 120.57, Florida Statutes, the recipient has the right to request a formal or informal administrative hearing to contest the citation within 21 days after the date the citation is received. If the recipient fails to timely request a hearing, pay the fine within the time allowed, or fails to appear to contest the citation after having requested a hearing, the recipient will have waived the right to contest the citation and this citation becomes a final order requiring the recipient to pay the amount of the fine shown above. oO No oO No O | T request an administrative hearing. Yes I dispute the material facts. Yes O Date Signature of Person Named on Citation/ Agent NOTICE OF APPELLATE RIGHTS ON REVERSE “White copy: County Health Department Yellow copy: Citation Recipient DH 3159, 3/99 Obsoletes previous editions which may not be used Page 2 of 2 NOTICE OF APPELLATE RIGHTS | [This citation becomes a Final Order of the Department if you have not contested the Citation within twenty-one (21) days of the date upon which the Citation was served upon you. If this Citation becomes a Final Order of the Department, you have the right to appeal the Final Order to the District Court of Appeal in your area or the First District Court of Appeal. YOU ARE HEREBY NOTIFIED, pursuant to sections 120.569 and 120.68, Florida Statutes, that you may appeal the Final order by filing one copy of a Notice of Appeal with the Clerk of the Department of Health, 4052 Bald Cypress Way, BIN #402, Tallahassee, Florida 32399-1703, and by filing one copy of the Notice of Appeal and filing fee ($250, pursuant to section 35.22(3), Florida Statutes) with the District Court of Appeal within thirty (30) days of the effective date of | the Final Order. INSTRUCTIONS FOR COMPLETING DH 3159: |. The name of the person being cited shall be the owner, operator, supervisor, or person authorized to accompany the inspector on a walk around inspection. 2. Below the person’s name being cited, place the mailing address of that person. 3. _ Include the city, state and zip code of the place of residence of the person being cited. 4. Name of inspector issuing the citation must be on form. 5. Signature of the person issuing the citation. 6. Print the name of the park or camp where the alleged violation is being cited. 7. Print the physical address of the park or camp of the alleged violation. 8. List the location of the alleged violation by designation of the space of a manufactured mobile home in a park; and the room, building or area of a camp. 9. Indicate the date and time the citation is being issued in month/day/year format, and the time in the am/pm format. Part 1. State the section or subsection of the law and administrative rule allegedly violated and include a brief statement of the violated cited. Part 2, Describe the observed violation and provide pertinent facts related to the violation. Part 3. The county health department must complete this part. Part 4. This part if completed by the county health department employee conducting the follow-up visit or investigation. Part 5. Describe actions the property owner has already taken to correct the violations. Part 6. Enter order of correction and include time period for correction. An order of correction and an order to pay a fine may both be imposed. Enter the amount of the fine being imposed for the violations listed in Part 1. In no event shall the fine imposed by a Citation exceed $500 for each violation. Each day a violation exists constitutes a separate violation for which a citation may be issued (s. 513.0065, FS). Fines shall be assessed from the date of the initial notice of violation. This amount may be reduced or waived as per Part 8. Insert the name of the county health department issuing the citation. Part 7. The signature of the recipient must be the same as the person cited. Part 8. If a request for fine reduction or waiver is submitted by the person named in the citation, the County Health Department Director or Administrator shall evaluate the justification for fine reduction or waiver and consider the gravity of the violation, the person's attempts at correcting the violation, and the person’s history of previous violations. If a reduction or waiver of the fine is Justified, the reduced or waived fine shall be specified in the space provided and the county health department Director/Administrator must sign and date in the spaces provided, . Part 9. The person named in the citation must indicate whether or not an administrative hearing is being requested, and the person must sign and date the request. Chartie Crist : Ana M. Viamonte Ros, M.D., M.P.H. Govemor : State Surgeon Generai a 4 © Fy ck Sn BE, Ps “5 CEE, © Date: 12/4/2008 | YO og . EXHIBIT ~. Owners Name: Davis & Bellinson Facility’s Permit #: 56-54-0031 Facility: Seminole Mobile Home Park Facility's Address: 3318 Orange Ave _L-62 City, State, Zip: Ft. Pierce FL Ae of Property Owner or Agent Signatut ST. LUCIE COUNTY HEALTH DEPARTMENT ' Environmental Health Division 5150 NW Milner Drive + Port St. Lucie FL 34983 772) 873-4931 + Fax (772) 873-4983 www.stluciecountyhealth.com STATE OF FLORIDA DEPARTMENT OF HEALTH MOBILE HOME, RECREATIONAL VEHICLE, AND LODGING PA CITATION FOR VIOLATION (NOV 56-1208) Ml &y Dp "4 RECREATIONAL CAMP PROGRAM ion Authority: 513.065 Florida Statutes Bye 4 a taf My 10, ay /7 vole Mobile Hog: HUST Oe Seminole Mobile Home Park Seminole Mobile Home Park +4 2 : . 6, Name of Park or Camp GS ¥E 1. Person being cited 370 East Maple Steet 2. Address of person being cited Birmingham, MI 48009 3. Mailing Address (city, state, zip) 3318 Orange Ave. Ft, Pierce, FL 7. Address of Park or Camp Lot 62 8. Designated space, Lot, or Area of Afleged Violation John Hanson : 12/3/2008 8:25 AM 4. Print name of a Environmentalist 9. Date and Time of Citation: (M/D/Y: a.m/ p.m.) 5. Signature of Citing Environmentalist Issuing Citation 4 PART 1. CITATION OF STATUTE AND/OR RULE VIOLATIONS Write particular nature of violation, including specific reference to the provisions of Statute and/or rule allegedly violated. Statute Rule Category : : The creation, Maintenance, or causing of any condition Citation: 386.041 _ 1 (ye) Violation: capable of breeding flies, mosquitoes, or other arthropods Citation: Violation: Capable of transmitting diseases, directly or indirectly Citation: i Violation: — to humans. Untreated or improperly treated human waste, garbage, offal, dead animals, or dangerous waste materials from manufacturing process harmful to human or animal life and air pollutants, gasses and noisome odors which are harmful Citation: 386.041 | (1a) Violation: to human or animal life. : Improperly built or maintained septic tanks, water closets, or Citation: _ 386.041 ((b)___{ Violation: _privies. Citation: _ Violation: Citation: \ Violation: Citation: i Violation: | Citation: __ Violation: PART 2. DESCRIPTION OF VIOLATION Describe any violations observed, along with the date and time observed. 12/3/2008 8:25 AM Observed tracing dye contained within raw sewage from L-62’s septic tank free flowing in roadway. I notified Ray Deyoung at 9:20 AM. JH i . 12/4/2008 10:33 AM Human waste was found pooled at ground surface at lot 62 by this inspector. Property owners and management stated they would conduct daily checks to ensure that all septic systems were operating in a sanitary manner, Each violation may carry a $500/day per violation fine. Owner has not yet corrected situation and this inspector continues to find sanitary nuisances. No response from the park management. JH PART 3. PRELIMINARY NOTICE : Date of initial notice of violation: "12/3/2008 | Type of notice given: Notice to abate (verbal) Received Complaint Compliant 76/08 Notice of violation 12/4/08 NOV 56-12-08 Other (specify) : Notice issued by: — John Hanson Saint Lucie County Health Department | PART 4. FOLLOW UP VISIT Date of reinspection: 10/21/2008 | Reinspection by: John Hanson St Lucié County Health Department | ~ DH3159, 3/99 NOTICE OF APPELLATE RIGHTS ON REVERSE Obsoletes previous editions, which may not be used. PART 5. ACTIONS TAKEN TO CORRECT VIOLATIONS List any actions the property owner has taken to correct the violations. z a Property owner has failed to take any corrective action, The owner has failed to comply with the agreed park walk through in order to maintain a safe, clean and nuisance free park. L PART 6. ORDER OF CORRECTION / FINE AND PAYMENT The person named in this citation is hereby ordered to correct the violations(s) listed in Part 1 with 1 days of the service of this citation. The person identified on this citation is hereby directed to pay a fine in the amount of $ 3000.00 for the violations listed in Part 1. Payment must be made to the St Lucie County Health Department located at 5150 NW Milner Dr. Port St. Lucie, FL 34983 within 60 days of the receipt of this citation, or you may choose the option listed in Part 9. PART 7. ACCEPTANCE OF CITATION ; The person named above acknowlédges receipt of the citation issued. Any person who willfully refuses to sign and accept a citation issued by the department is guilty of a misdemeanor of the second degree, punishable as provided in section 775.082 or 775.083, Florida Statutes. Oy ustal [a Idlenad }?-U-og Signature of Recipient © ‘| The amount of this citation is hereby PART 8. REDUCTION OR WAIVER OF FINE The person named in this citation may request that the amount of the fine in Part 6 be reduced or waived by demonstrating good faith in correcting the violations, or by presenting “before and after” evidence to the St Lucie County Health Department within two working days of the time of issuance of this citation. In determining whether to reduce or waive the fine, the St Lucie County Health Department shall consider the gravity of the violation, the person’s attempts at correcting the violation, and the person’s history of previous violations. The County Health Department is not required to reduce or waive the fine. reduced or waived to the amount of $ Signature, CHD Director/Administrator Date PART 9. REQUEST FOR ADMINISTRATIVE HEARING Per sections 120.569 and 120.57, Florida Statutes, the recipient has the right to request a formal or informal administrative hearing to contest the citation within 21 days after the date the citation is received. If the recipient fails to timely request a hearing, pay the fine within the time allowed, or fails to appear to contest the citation after having requested a hearing, the recipient will have waived the right to contest the citation and this citation becomes a final order requiring the recipient to pay the amount of the fine shown above. : No O No oO I request an administrative hearing. Yes | I dispute the material facts. Yes o Signature of Person Named on Citation/ Agent Date NOTICE OF APPELLATE RIGHTS ON REVERSE White copy: County Health Department Yellow copy: Citation Recipient j DH 3159, 3/99 Obsoletes previous editions which may not be used Page 2 of 2 NOTICE OF APPELLATE RIGHTS This citation becomes a Final Order of the Department if you have not contested the Citation | within twenty-one (21) days of the date upon which the Citation was served upon you. If this Citation becomes a Final Order of the Department, you have the right to appeal the Final Order to the District Court of Appeal in your area or the First District Court of Appeal. ~~ YOU ARE HEREBY NOTIFIED, pursuant to sections 120.569 and 120.68, Florida Statutes, that you may appeal the Final order by filing one copy of a Notice ef Appeal with the Clerk of the Department of Health, 4052 Bald Cypress Way, BIN #A02, Tallahassee, Florida 32399-1703, and by filing one copy of the Notice of Appeal and filing fee ($250, pursuant to section 35.22(3), Florida Statutes) with the District Court of Appeal within thirty (30) days of the effective date of the Final Order. INSTRUCTIONS FOR COMPLETING DH 3159: 1. The name of the person being cited shall be the owner, operator, supervisor, or person authorized to accompany the inspector on a walk around inspection. 2. Below the person’s name being cited, place the mailing address of that person. 3. Include the city, state and zip code of the place of residence of the person being cited. 4. Name of inspector issuing the citation must be on form. s. Signature of the person issuing the citation. 6. Print the name of the park or camp where the alleged violation is being cited. 7. Print the physical address of the park or camp of the alleged violation. 8. List the location of the alleged violation By designation of the space of a manufactured mobile home in a park; and the room, building or area of a camp. 9. Indicate the date and time the citation is being issued in month/day/year format, and the time in the am/pm format. Part 1. State the section or subsection of the law and administrative rule allegedly violated and include a brief statement of the violated cited. : : Part 2. Describe the observed violation and provide pertinent facts related to the violation. Part 3. The county health department must complete this part. Part 4. This part if completed by the county health department employee conducting the follow-up visit or investigation. Part 5, Describe actions the property owner has already taken to correct the violations. } Part 6. Enter order of correction and include time period for correction. An order of correction and an order to pay a fine may both be imposed. Enter the amount of the fine being imposed for the violations listed in Part 1. In no event shall the fine imposed bya Citation exceed $500 for each violation. Each day a violation exists constitutes a separate violation for which a citation may be issued (s. 513.0065, FS). Fines shall be assessed from the date of the initial notice of violation. This amount may be reduced or waived as per Part 8. Insert the name of the county health department issuing the citation. Part 7. The signature of the recipient must be the same as the person cited. Part 8. Ifa request for fine reduction or waiver is submitted by the person named in the citation, the County Health Department Director or Administrator shall evaluate the justification for fine reduction or waiver and consider the gravity of the violation, the STATE OF FLORIDA eo DEPARTMENT OF HEALTH “2 ) Be, 2, aS . pee 5 DEPARTMENT OF HEALTH, CEE F “eth CITATIONDATES: mieten TAUB Q 82D ~ VS. | 9/26/68 Lot €4 App : 10/13/08 Lot 64 10/21/08 Lot 57 - SEMINOLE MOBILE HOME PARK, LLC, / SETTLEMENT AGREEMENT WHEREAS the Seminole Mobil Home Park, LLC] permit number 56-54-0003 and the State of Florida, Department of Health, St. Lucig County Health Department, wish to settle this matter without delay. The parties haw arrived at a settlement that addresses the legitimate interest of all parties. It is herby stipu:ated and agreed as follows: 1, Seminole Mobile Home Park, LLC has five outstanding citations of violations of Sections 381.0065 and 386 Florida Statutes. : 2, Fines imposed in the above stated citations total Six Thousand Five Hundred Dollars ($6,500.00), 3, The fines shall be held in abeyance; in lieu of fins, the parties agree to make a good faith and diligent effort to have the above notec| septic systems repaired by January 31, 2009. 4. Seminole Mobile Home Park, LLC agrees to effectuate, at its own expense, any repairs or maintenance of its septic sysjems as per the regulatory direction of the St. Lucie County Health Department. 5. Seminole:is required to present to the departrhent a signed contract with a licensed septic contractor indicating the intent to repair said|failed septic systems. 6. Seminole understands the noted failed systeins require intermittent pump out until all repairs are completed. 7, Therefore, Seminole is required to present tol the department a pump out contract with a licensed provider, indicating a schedule bf pump-outs approximately once a week or as often as needed until all repairs are finalized. 8. Both parties agree to make a good faith effort to ta-get the completion date of January 31, 2009, 9. That the above is a fair settlement of all mdtters at issue, and that this Settlement embodies their entire agreement and allows Sefninole Mobile Home Park to obtain an operating park permit by December 31, 2008. IN WITNES THEREOF, the parties hereto have exeduted thie Settlement by their undersigned officiais as duly authorized. Date es Moses ironmental Director fe of Florida, Department of Health St. Lucie County health Department f [2- (2-08 _ Authorized Reprdsentative ~~ Date eminole Mobilé Home Park, LLC Permit Number 56-54-00031 Shoreline Underground Services, Inc. | f 220 Bast Tamarind Avena West Palm Beach, Florida 3407 , f (aq Ottice: 561-840-1709 * Fax 961-586-0018 & SEPTIC " LIFT- STATION * WATER ” SEWER * pemec TRE Ses § Tz it’s underground we’re on top of it !! MAR op December 10, 2008 . 4 Oh Stow O x To Riverstone Communities HEA fy) TR ya 2121 NW 29" Court Wigs Ve Ft. Lauderdale, F1.33311 . Re: Seminole Mobil Home Park Drain Field Repairs Mr, Mike Wheeler, ; : We are proceeding with the necessary repairs at the abovementioned park as quickly as possible, | have tumed over the paper work To Russ Weaver and gave him the greer fight to start the | permit process on Trailer # G4 and the CBS apartment structure te the south of it fret. Once we receive the first permit we will start the repair immediately. As we r air the first, Russ will subrnit the naxt repair for permitting, so we will hopefully be able to finish the firs! repair and move directly to the next one, and so on and so on. As we discussed with Russ Weaver of Perfect Engineering and David Koerne: and others fram the St Lucie County Health Department when we were at the park, the fields that need work ASAP are: 1. ‘Lot 64 2 Apartment cao a «Lot 87 4 Lot 56 & Lot $5 (one system) 5, Lot 54 & Lot &3 fone system) ; The field size should be about 250 sq.ft per trailer or less unless weiput more than one trailer on the game drain field, which would save money, time and permit fees, whete possible. REPAIR COST wi/Qut Permit Foes Drain field Repair @ $ 8.00 per sq. ft. . Tank Replacement when needed 900 gal@ $1,500.00,1050 @ $1,700.00,1250@$1950.00 | Septic Sand & # 1 fill @ going rate per truck load at time of repair (by Riverstane ie: Hanson Trucking & Tractor 77265-9965) All unforeseen conditions or problems must be approved by Mike Wheeler. _ Mike ler a re Riverstone Carpmunities We the undersigned hereby agree to the above. ‘1 S$ , Raymond 3. Kane VP Sent via Fax & US postal Service i Tyg FELO 8008/Gt/eT aa

Docket for Case No: 09-001573