STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Petitioner, (09 - 4 ¥Q ROBERT O. WIREGARD, vs, Respondent. i ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department of Health is seeking to impose an administrative penalty in the amount of Two hundred fifty Dollars ($250.00) per day for each day the violations described herein continue. 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 and 381 of the Florida Statutes. The agency rules that govern this matter are found in Chapter 64E-6 of the Florida Administrative Code, “Standards for Onsite Sewage Treatment and Disposal Systems.” 2. The Respondent, Robert Wiregard is an adult resident of Hillsborough County, Florida, whose post office address is 6216 North Falkenburg Road, Tampa, Florida 33610 and is the owner of a parcel of land in Hillsborough County Florida located at that address on which the septic system that is the subject of this complaint is located. 3. Respondent is under the jurisdiction of the Department. 4. On June 10, 2009, acting pursuant to an Inspection Warrant issued by the Circuit Court for the Thirteenth Judicial Circuit the Department, after an inspection of the premises, delivered its Official Notice and its Notice of intended Action to the DOH v. Wiregard Administrative Complaint Page 2 Respondent giving him notice of a sanitary nuisance, of his failure to properly maintain the septic system which is the subject of this Administrative Complaint and repairing the septic system without a permit from the Department. Copies of said Official Notice and Notice of Intended Action is attached hereto, marked Exhibits “A” and "B" respectively and are incorporated herein by reference. 5. The above described premises have the following violations: Violations of section 381.0065(4), Florida Statutes and section 64E- 6.015 (1), Florida Administrative Code, in that the Respondent attempted to repair the septic system on the above described property without first obtaining the required permit. Violations of sections 381.0067 and 386.041 Florida Statutes and sections 64E-6.001 and 64E-6.005 Florida Administrative Code in that the Respondent has an improperly maintained and failing septic system which is causing improperly treated human waste to collect on the ground and has failed to make necessary repairs after a corrective order was issued. 6. The Respondent must immediately abate the sanitary nuisance on his property, obtain the necessary permit and arrange the repair or replacement of the failing septic system. 7. The Department has the right to institute this administrative proceeding, pursuant to section 381.0061, Florida Statutes. 8. The Respondent has 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. 9. (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 complaint. DOH v. Wiregard Administrative Complaint Page 3 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. 10. This administrative complaint is issued pursuant to sections 120.569, 120.57 and 381.065 (3) & (4), Florida Statutes. Any proceedings concerning this complaint shall be conducted pursuant to Chapter 28 of the Florida Administrative Code. 11. The Respondent was 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 Respondent desires to request a hearing, he must forward the request to: R.S. Power, Agency Clerk, BIN #A02, 4052 Bald Cypress Way, Tallahassee, Florida 32399-1703. on Brian L. Miller Environmental Manager Hillsborough County Health Department ok € a Frank H. 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. Wiregard 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: Robert Wiregard 6216 North Falkenburg Road Tampa, FL 33610 iN this {7 day of July 2009. Fran H. Nagatani Chief Legal Counsel Hillsborough County Health Department i f DOH-HILLSBOROUGH COUNTY HEALTH DEPARTMENT ENVIRONMENTAL HEALTH SERVICES 1105 E, Kennedy Boulevard/PO BOX 5135 Tampa, Florida 33675-5135 09 OFFICIAL NOTICE, Raber Wiceserd Orlo N plhé sai Address of alleged violation (street fated Vn . Person being cited . CriG_N Fallrenloors Ad Yep Fr S3G/e a eS fy | emo us Address of person being cited (street addreSs) Address (city state, zip) Nader EL 33Gl6 (OG Gfiile? Address (city, State, zip) Date AL Time of Nétice((M/D/Y); a.m./p.m. : \ rs Tf rehalas ; vA Business Name (if applicable) Name of Citing Inspector 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 GRDINANCES (CO) OF HILLSBOROUGH COUNTY AND HAVE BEEN FOUND TO EXIST AT THE PREMISES LOCATED AT ABOVE ADDRESS: J Maintaining or causing a sanitary nuisance injurious to health. FS:386.041 Vv Failure to properly maintain a septic system to prevent seepage of effluent (Note: The Health Department requires a permit be obtained prior to performing any work to repair a septic tank system). FAC:64E-6 Jf Unpermitted repair to an onsite sewage treatment & disposal system (septic system) to include tank, D-box and/or drain field. FAC:64E 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: 4 . j { . ~~ ‘ B Description of violation (s) observed: uNpet ales we aaC£ [ wa clallaty oA of gegtic sycde mg | Rad eware ghey woolet (re Seact gw the YOU ARE HEREBY DIRECTED TO CORRECT THE VIOLATION WITHIN a Gary) HOURS GF THIS NOTICE. Any questions please contact AM Mola i ON at (813) 307-8015 Ext. S162 Qype), of (FF ‘fog f ‘ ‘D6 Signature of Recipient Date Certified Mail Number (if applicable) 9/07 Exhibit "A” HEALTH AL] Charlie Crist E T Ana M.Viamonte Ros M.D.,M.P.H. Governor State Surgeon General 2 NOTICE OF INTENDED ACTION (Re: Imposition of Administrative Fine or Injunction complaint) To: Rade Weedard paTE:_b/in/o4 TIME:__ 10:18 ao 1 CERT. MAIL#: You have been notified of violations(s) of the Florida Administrative Code and/or Chapter 381, Florida Statutes. These violations must be corrected. OR This agency intends to initiate an action to impose an administrative fine in accordance with the authority contained in Section 381.0061, Florida Statutes or to file an action in court. 381.0061 Administrative Fines (1) In addition to any administrative action authorized by Chapter 120 or by other law, the Department may impose a fine, which shall not exceed $500 for each violation, for a violation s. 381.0065, s. 381.0066, s. 381.0072, or part III of Chapter 489, for a violation of any rule adopted under this chapter, or for a violation of any of the provisions of Chapter 386. Notice of intent to impose such fine shall be given by the Department to the alleged violator. Each day a violation continues may constitute a separate violation. (2) . In determining the amount of fine to be imposed, if any, for a violation, the following factors shall be considered: (a) The gravity of the violation, including the probability that death or serious physical or emotional harm to any person will result or has resulted, the severity or the actual or potential harm, and the extent to which provisions of the applicable statutes or rules were violated. (b) Actions taken by the owner or operator to correct violations. (c) Any previous violations. (3) All amounts collected under this subsection, shall be deposited into an appropriate trust fund of the department.. ra Signed: Hillsborof#gh County Health Department 01/07 Hillsborough County Health Department ¢ Environmental Health Services P.O. Box 5135, 1 £05 E. Kennedy Boulevard » Tampa, FL 33675-5135 Tel: (813)307-8059 « F&xbiBif242’* Suncom: 582-8001

Docket for Case No: 09-004282