)0-4594 DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Petitioner, vs. . a4 1 GRAND KEY DEVELOPMENT, LLC Respondent. ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department of Health is seeking to impose an administrative penalty in the amount of Two Hundred Dollars ($200.00) 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. 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, Grand Key Development, LLC, is the owner of a parcel of land in Pinellas County Florida located at 514 Hudson Street, Largo, Florida on which the septic system that is the subject of this complaint is located. 3. Respondent is under the jurisdiction of the Department. 4. An Official Notice of Violation, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference was sent to the Respondent by Certified Mail and delivered to the Respondent on March 25, 2010 as appears by the Domestic Return Receipt, a copy of which is attached hereto, marked Exhibit "B" DOH v. Grand Key Development, LLC Administrative Complaint Page 2 and incorporated herein by reference. On April 7, 2010, the Department attempted to hand deliver a second Notice of Violation to Grand Key Development, LLC but delivery was refused. A copy is attached hereto, marked Exhibit "C" and incorporated herein by reference. A Notice of Intended Action, was sent to the Respondent by Certified Mail and delivered to the Respondent on April 13, 2010 as appears by the Domestic Return Receipt, a copy of which is attached hereto, marked Exhibit "D" and incorporated herein by reference. 5. The above described premises has the following violations: The premises are in violation of sections 381 .0065(4) and 386.041(1)(a)(b) Florida Statutes and sections 64E-6.015(1) and 64E- 6.013 Florida Administrative Code in that the drain field serving the property is in failure and allowing effluent to discharge from the center of the mound; the lid of the septic tank is cracked and is no longer water tight; and the septic tank is improperly sealed and emitting foul odors all of which cause a sanitary nuisance injurious to health. 6. The Respondent must immediately obtain the necessary permits and install or repair the septic system to the permit requirements. 7. The Department has the right to institute this administrative proceeding, pursuant to section 381.0061, Florida Statutes. 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. (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. 2. A short and plain statement of each relevant affirmative defense the Respondents may have. ( ( DOH v. Grand Key Development, LLC . Administrative Complaint Page 3 (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 381.065 (3) & (4), Florida Statutes. Any proceedings concerning this complaint shall be conducted pursuant to Chapter 28 of the Florida Administrative Code. 9. ‘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, they must forward the request to: R.S. Power, Agency Clerk, BIN #A02, 4052 Bald Cypress Way, Tallahassee, Florida 32399-1703. ayle Gfidash Environmental Administrator Pinellas County Health Department Frank H. Nagatani Chief Legal Counsel Pinellas County Health Department 4175 East Bay Drive, Suite 260 Clearwater, Florida 33764 (727) 507-4326 ext. 1274 FBN: 361410 A . Fi i i DOH v. Grand Key Development, LLC 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: Grand Key Development, LLC Steven W. Moore, P.A. 8200 Bryan Dairy Road, Ste 300 Largo, FL 33777-1355 i= 16" this day of August, 2010. k H. Nagatani Chief Legal Counsel Pinellas County Health Department 7 ( receneol vit Cerh worl Charlie Crist Ana M. Viamonte Ros, M.D., M.P.H Governor . State Surgeon General PINELLAS COUNTY HEALTH DEPARTMENT OFFICIAL NOTICE OF VIOLATION ORIGINAL SENT BY CERTIFIED MAIL # 7008 0500 0000 9575 3788 March 19, 2010 Grand Key Development LLC 8200 Bryan Dairy Rd, Suite 300 Largo, FL 33777-1355 RE: SANITARY NUISANCE COMPLAINT# 10S-017 Location of Complaint: 514 Hudson Street, Clearwater, FL 33756 PID#: 28-29-15-57438-000-0080 Dear Property Owner: Please be advised a formal complaint was filed with our office involving properties under your ownership. The property in question is located at 514 Hudson Street, Clearwater, Florida. Actual field inspections by personnel from this office indeed found the allegations to be in substantial compliance with the complaint filed. Specific findings are as follows (photographs attached): : ¢ The lid of the septic tank serving the property is cracked and is no longer water-tight. Per 64E-6.013 FAC, the septic tank must be water-tight and meet specific construction standards. . ° The septic system serving the property appears to be in failure. Towards the center of the mound, a hole is present where the drain field is failing. ¢ Asafety hazard - this poses an immediate health and physical hazard. Our findings as outlined above pursuant to Chapter 386, Florida Statutes meets the definition of a “Sanitary Nuisance.” A sanitary nuisance exists as evidenced by malfunctioning septic tanks and drainfield systems. The nuisance injurious to health consisted of an improperly maintained septic system. Your attention is directed to aforesaid Chapter 386, Florida Statutes, Section 386.041, “Nuisance injurious to Health,” which reveals; : The following conditions existing, permitted, maintained, kept, or caused by any individual, municipal organization, or corporation, governmental or private shail constitute prima facie evidence of maintaining a nuisance injurious to health: 1. Untreated or imoroperly treated human waste, garbage, offal, dead animals, or dangerous waste materials from manufacturing processes harmful to human or animal life and air pollutants, gases, and noisome odors which are harmful to human or animal life. 2. \mproperly built or maintained septic tanks, water closets, or privies. Telephone: (727) 538-7277 Environmental Health & Preparedness Division FAX (727) 507-4255 4175 East Bay Drive, Suite 300, Clearwater FL 33764 In as much as our complaint investigation produced evidence of a “Nuisance” on your property as defined above, this document serves as an “OFFICIAL NOTIFICATION” to abate said nuisance immediately. Consideration for abatement shall include the following: 1. Immediately replace septic tank lid. The replacement lid must meet construction materials standards for treatment receptacles as specified in 64E-6.013(k), Florida Administrative Code. 2. The property owner needs to contact a licensed septic tank contractor to have the septic system evaluated to determine if it is in failure. The septic contractor must document the evaluation on DH Form 4015, Page 4, Existing System and System Repair Evaluation. This documentation must be received by this office by close of business (4:00pm) on April 2, 2010. 3. Ifthe septic contractor determines that the septic system is in failure, the property owner must repair the septic system. A septic repair permit must be obtained by the Pinellas County Health Department by close of business on April 2, 2010. The septic repair must be performed by a state licensed septic tank contractor or a state licensed plumber within 30 days of permit issuance. The application for the Repair Permit has been included. The above represents our concerns, comments and direction for immediate action and longer term considerations regarding our recent investigations of a complaint filed with our office, whereby the heaith, safety and welfare of residents and/or visitors to this property may be jeopardized. We trust your immediate attention will be given to this matter. Please note: As permitted by s. 381.0061, Florida Statutes, the Department of Health may impose a fine not to exceed $500 per day for each violation of Chapter 386, Florida Statute (Sanitary Nuisances) as long as the violation exists. This department also has the fight to: 4. Institute criminal proceedings in the county court against all persons failing to comply with notices to correct sanitary nuisance conditions; : Undertake required correctional procedures at the expense of the property owner; Institute legal proceedings authorized by the department as set forth in s.381.0012; Institute administrative proceedings authorized by the department as set forth in s.381.0061 (s. 386.03, Florida Statutes). Rw It is the responsibility of the property owner to contact this office by the close of business (4:00pm) on March 26, 2010. Please contact Brandy Downing at 727-538-7277 ext 1117 with any questions or concerns. Sincerely, Brandy Downing Environmental Specialist {I Water & Onsite Sewage Programs cc: Will Christian, Environmental Supervisor Il, PCHD _ Frank Nagatani, Chief Legal Counsel, PCHD Enclosure COMPLETE THIS SECTION ON DELIVERY Ld] Complete items 1, 2, and 3. Also complete - ftemn 4 If Restricted Delivery is desired. | Print your name and address on the reverse so that we can return the card to you. ® Attach this card to the back of the mailpiece, or on the front if space permits. Grand Key Development, LLC 8200 Bryan Dairy Road Suite 300 Largo, FL 33777-1355 * teats [certified Mail 1 Express Mall C1 Registered 1 Return Receipt for Merchandise C1 Insured Mail Oc.o.D. 2, Arise Number oy 7008 0500 0000 4575 3788 (Transfer 102595-02-M-1540 } PS Form 3811, February 2004 Domestic Return Receipt used Retusect Charlie Crist Ana M. Viamonte Ros, M.D., M.P.H Governor State Surgeon General OFFICIAL NOTICE OF VIOLATION April 7, 2010 Grand Key Development LLC 8200 Bryan Dairy Rd, Suite 300 Largo, FL 33777-1355 ‘RE: SANITARY NUISANCE COMPLAINT# 10S-047 Location of Complaint: 514 Hudson Street, Clearwater, FL 33756 PID#: 28-29-15-57438-000-0080 Dear Property Owner: Please be advised a formal complaint was filed with our office involving properties under your ownership. The property in question is located at 514 Hudson Street, Clearwater, Florida. Actual field inspections by personnel from this office indeed found the allegations to be in substantial compliance with the complaint filed. Specific findings are as follows (photographs attached): e The drain field serving the property is in failure. Site inspection on 4/7/2010 confirmed effluent discharging at the center of the mound. The lid of the septic tank serving the property is cracked and is no longer water-tight. Per 64E-6.013 FAC, the septic tank must be water-tight and meet specific construction standards. e The improperly sealed septic tank is emitting foul odors. ¢ Assafety hazard - this poses an immediate health and physical hazard. Our findings as outlined above pursuant to Chapter 386, Florida Statutes meets the definition of a “Sanitary Nuisance.” A sanitary nuisance exists as evidenced by majfunctioning septic tanks and drainfield systems. The nuisance injurious to health consisted of an improperly maintained septic system. Your attention is directed to aforesaid Chapter 386, Florida Statutes, Section 386.041, “Nuisance Injurious to Health,” which reveals; : 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: 1. Untreated or improperly treated human waste, garbage, offal, dead animals, or dangerous waste materials from manufacturing processes harmful to human or animal life and air pollutants, gases, and noisome odors which are harmful to human or animal life. : Improperly built or maintained septic tanks, water closets, or privies. Telephone: (727) 538-7277 4175 East Bay Drive, Suite 300, Clearwater FL 33764 In as much as our complaint investigation produced evidence of a “Nuisance” on your property as defined above, this document serves as an “OFFICIAL NOTIFICATION?” to abate said nuisance immediately. Consideration for abatement shall include the following: 1. The property owner must take immediate action to properly disinfect any effluent on the ground and to secure the area to prevent accidental injury or death that may occur until the septic tank is replaced. Owner must immediately replace septic tank lid. The replacement lid must meet construction materials standards for treatment receptacles as specified in 64E-6.013(k), Florida Administrative Code. 2. The property owner needs to contact a licensed septic tank contractor to have the septic system evaluated to determine if it is in failure. The septic contractor must document the evaluation on DH Form 4015, Page 4, Existing System and System Repair Evaluation. This documentation must be received by this office by close of business (4:00pm) on Aprii 14, 2010. 3. If the septic contractor determines that the septic system is in failure, the property owner must repair the septic system. A septic repair permit must be obtained by the Pinellas County Health Department by close of business on April 14, 2019. The septic repair must be performed by a state licensed septic tank contractor or a state licensed plumber within 30 days of permit issuance. The application for the Repair Permit has been included. The above represents our concerns, comments and direction for immediate action and longer term considerations regarding our recent investigations of a complaint filed with our office, whereby the health, safety and welfare of residents and/or visitors to this property may be jeopardized. We trust your immediate attention will be given to this matter. Please note: As permitted by s. 381.0061, Florida Statutes, the Department of Health may impose a fine not to exceed $500 per day for each violation of Chapter 386, Florida Statute (Sanitary Nuisances) as long as the violation exists. This department also has the right to: 4. Institute criminal proceedings in the county court against all persons failing to comply with notices to correct sanitary nuisance conditions; Undertake required correctional procedures at the expense of the property owner; Institute legal proceedings authorized by the department as set forth in s.381.0012; Institute administrative proceedings authorized by the department as set forth in s.381.0061 (s. 386.03, Florida Statutes). RON Itis the responsibility of the property owner to contact this office by the close of business (4:00pm) on April 14, 2010. Please contact Brandy Downing at 727-538-7277 ext 1117 with any questions or concerns. : Sincerely, fork Brandy Downing Environmental Specialist It ; Water & Onsite Sewage Programs cc: Will Christian, Environmental Supervisor li, PCHD Frank Nagatani, Chief Legal Counsel, PCHD FLORIDA DEPARTMENT OF is Charlie Crist Ana M. Viamonte Ros, M.D., M.P.H. Governor State Surgeon General PINELLAS COUNTY HEALTH DEPARTMENT NOTICE OF INTENDED ACTION » (Re: Imposition of Administrative Fine or Injunction Complaint) TO: Grand Key Development LLC DATE:_April 9, 2010 8200 Bryan Dairy Rd Ste 300 TIME:_ 12:00 PM Largo, FL. 33777-1355 CERT. MAIL#: RE:_ Failure to apply for a septic tank repair permit to repair the failing septic system for the property located at 514 Hudson Street, Largo, Florida. The existing septic system is in failure and there has been an ongoing sanitary nuisance at the property since the initial complaint on March 17, 2010. This office sent an Official Notice of Violation to the property owner, Grand Key Development LLC, at 8200 Bryan Dairy Rd Ste 300, Largo, Florida on March 19 via certified mail. No action was taken. On April 7, a second Notice of Violation was attempted to be delivered by the Health Department in person, but the receptionist refused to sign or accept the notice. Violation #1: Failure to obtain a septic tank repair permit to repair the failing septic system: [FS 381.0065(4)/ FAC 64E-6.015(1 Violation #2: Failure to take any action to correct an ongoing sanitary nuisance. [FS 386.04 1(1)(a)(b)I You have been notified of violations(s) of the Florida Administrative Code and/or Chapters 381 or 386, Florida Statutes. These violations must be corrected OR This agency intends to initiate an action to either 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 Ill 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. Telephone: (727) 538-7277 ° Environmental Health & Preparedness Division e FAX (727)507-4255 4175 East Bay Drive, Suite 300, Clearwater FL 33764 7 ( : (2) in determining the amount of fine to be imposed, if any, fora. ation, 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 fund of the department. 381.0012 Enforcement Authority (1) The department may commence and maintain all proper and necessary actions and proceedings to enforce the rules adopted pursuant to this chapter and may defend all actions and proceeding involving the department's powers and duties. (2) The department may apply for an injunction to the proper circuit court, and the judge of that court upon hearing and for cause shown may grant a temporary or permanent injunction, or both, restraining any person from violating or continuing to violate any of the provisions of this chapter or from failing or refusing to comply with the requirements of this chapter. A permanent injunction may be issued without bond. However, a temporary injunction may not be issued without bond except after a hearing or which the respondent has been given not less than 7 days prior notice. A temporary injunction may not be issued without bond which limits or prevents operations of an industrial, manufacturing, or processing plant, unless at the hearing, it is shown by clear, certain, and convincing evidence that irreparable injury will result to the public from the failure to issue the temporary injunction. If a temporary injunction or restraining order is improperly or erroneously granted, the state is liable in damages and to the extent provided for in Chapter 768. (3) The department may commence and maintain all proper and necessary actions and proceedings to compel the performance of any act specifically required of any person, officer, or board by any law of this state relating to public health. signed role Oo Pur Brandy Downing Environmental Specialist II Water & Onsite Sewage Programs Environmental Health and Preparedness Division Pinellas County Health Department Cc: Will Christian Il, Environmental Supervisor Il, PCHD Christine Frankford, Environmental Manager, PCHD Frank Nagatani, Chief Legal Counsel, PCHD Telephone: (727) 538-7277 ° Environmental Health & Preparedness Division ° FAX (727)507-4255 4175 East Bay Drive, Suite 300, Clearwater FL 33764 4 ii SENDER: COMPLETE THIS SECTION - & Complete ftems 1, 2, and 3. Also complete - Hem 4 If Reatricted Delivery is desired. * a Print your name and address on the reverse 80, that wa can return the card fo you. ® Attach this card to the back of the mallplece, or on the front If space permits. COMPLETE THIS SECTION ON DELIVERY Cl Yes D. Is delivery address different from ttemn 1? ONo If YES, enter delivery address below: 4. Articls Addressed to: 3, Service Type (Gertitted Matt C1 Express Mall : Ei Registered 1 Return Recelpt for Merchany Dlinswad Mal 1 C.0.D. (Transfertomserice tate) 008 0500 nooo 3575 3870 PS Form 3811, February 2004 Dornestle Return Recelpt

Docket for Case No: 10-009329