STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DIVISION OF HOTELS AND )

RESTAURANTS, )

)

Petitioner, )

)

vs. ) CASE NO. 81-1784

) EMERALD PLAZA WEST, INC., d/b/a ) MIAMI GARDEN WEST APARTMENTS, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing in Miami, Florida, before the Division of Administrative Hearings by its duly designated Hearing Officer, Robert T. Benton II, on September 4, 1981. The Division of Administrative Hearings received a transcript of proceedings on December 23, 1981. The parties were represented by counsel:

For Petitioner: Janice G. Scott, Esquire

725 South Bronough Street Tallahassee, Florida 32301

For Respondent: Tomas F. Gamba, Esquire

779 Brickell Plaza, Suite 706

Miami, Florida 33131

By notice to show cause, petitioner alleged that respondent "on April 29, 1981 . . . was in violation of Florida Statute 509 and/or the rules of the Division of Hotels and Restaurants . . . in the following particulars:

1. Violation of F.S. 509.221 and Rule 7C-103(1)(3)(7); in that,

   1. Drop ceiling in 18257-Apt. #4 has not been placed in good repair.

   2. Ceiling leaks in South-East bed- room of 2250-Apt. #2 and living

      room ceiling of 18259-Apt. #3.

   3. Laundry room door has not been placed in good repair.

   4. Window in Apt. #2, 2250 N.W. 183rd St. has not been properly vermin

      and insect proofed.

   5. Premises have not been kept free of trash and debris (old cars).

   6. Roofs over 18257 and 59 have not been repaired over.

2. Violation of F.S. 509.211 [sic] and Rule 7C-1.04(3); in that,

   1. Hand rail at 18259 has not been properly secured.

      
      

3. Violation of F.S. 509.221 and Rule 7C-3.01(8); in that,

   1. Hot water faucet handle in 18257 Kitchen, has not been replaced."

The parties stipulated that Emerald Plaza West, Inc., is licensed by petitioner to do business as Miami Garden West Apartments.

FINDINGS OF FACT

1. Respondent Emerald Plaza West, Inc., holds license No. 23-12623-H, issued by petitioner. Miami Garden West Apartments consists of 31 or 38 (T. 79) apartments, in several buildings located on Northwest 183rd Street in Miami, Florida.

   
   

2. Rogers Brown, who has worked as an inspector for petitioner for six years, visited Miami Garden West Apartments on April 29, 1981, to perform a "call back" inspection. He wanted to determine whether violations he had noted on a routine inspection on February 19, 1981, had been corrected. He found that a hot water faucet handle with stripped threads had not been replaced; that an old, tagless car remained in the complex's parking lot; and that a handrail leading to the second story of building No. 18259 had not been properly secured. It still needed welding. The eaves on buildings 18257 and 18259 were rotten; the laundry room lacked a door and the living room ceiling in apartment No. 3 in building No. 18259 leaked.

   
   

3. In addition, Mr. Brown found on April 29, 1981, that certain conditions had persisted since June of the year before. The drop ceiling in apartment No.

   4 continued to need repair; the ceiling in apartment No. 2 in the building at 2250 Northwest 183rd Street continued to leak; and roaches and evidence of rodents continued to be present.

   
   

4. By September 3, 1981, the drop ceiling had been repaired and a new faucet handle had replaced the threadless one. The window in apartment No. 2 in the building at 2250 Northwest 183rd Street had been worked on, but the handrail in building No. 18259 still needed repair. Moisture remained on the ceilings of the southeast bedroom of apartment No. 4 in the building at 2250 Northwest 183rd Street and the living room of apartment No. 3 in building No. 18259, notwithstanding various roof repairs. The laundry room lacked not only a door but also a door frame.

   
   

5. Respondent makes repairs from time to time and regularly exterminates the premises.

   
   

6. Petitioner filed a proposed order which has been considered in the drafting of the foregoing findings of fact and substantially adopted, in substance. Proposed findings that have not been adopted have been rejected as inconsistent with or unsupported by the evidence or as irrelevant to the controversy.

   CONCLUSIONS OF LAW

   
   

7. Petitioner is authorized to "suspend or revoke the license of any public lodging establishment . . . that has operated . . . in violation of any of the provisions of . . . chapter [509] or the rules of the division." Section 509.261(1), Florida Statutes (1981). "In lieu of the suspension or revocation of licenses, [petitioner] may impose fines . . . [not to] exceed $500 for each offense." Section 509.261(2), Florida Statutes (1981).

   
   

8. The rules of the division which petitioner has here alleged that respondent violated provide:

   
   

   7C-1.03(1) Roofs, walls, ceilings, floors, stairs, steps, windows, transoms, shelves, fixtures, etc., shall be kept in

   good repair, clean and painted where appli- cable.

   * * *

   (3) Insects, vermin, rodents, termites, etc., shall be kept exterminated.

   * * *

   (7) Premises, yards, alleys, etc., shall be kept clean, free of debris and properly drained.

   
   

   7C-1.04(3) Halls, closets, stairways, entrances, exits--Halls[,] closets and stair- ways shall be kept free from obstructions and fire hazards. Halls, entrances and stairways must be clean, ventilated and well-lighted day and night and hall and stair runners

   kept in good condition. Handrails shall be installed on all stairways and guard rails around all porches and steps. Ade- quate means of exits from dining area and

   kitchen. All exit doors must swing outward and be equipped with automatic self-closing hardware. Exits shall be clearly marked with approved exit lights.

   
   

   7C-3.01(8) Kitchen and kitchen equip- ment--Kitchen and refrigeration equipment shall be kept clean and free from odors. Refrigerator must be kept in good repair and properly drained to outside where nec- essary. Kitchen shall be ventilated, well- lighted and provided with sufficient and

   suitable cooking utensils and adequate gar- bage receptacle. A kitchen sink must be installed. Kitchen equipment must be kept in good repair.

   
   

   The notice to show cause also alleges that respondent has violated Section 509.221, Florida Statutes (1981), the statutory provision which the foregoing rules explicate.

9. The evidence established every violation pleaded by petitioner, except that a single automobile parked in a parking lot does not constitute a violation of Rule 7C-1.03(7), Florida Administrative Code.

RECOMMENDATION

Upon consideration of the foregoing, it is RECOMMENDED:

That petitioner assess a civil penalty against respondent in the amount of

$1,500.

DONE AND ENTERED this 14th day of January, 1982, in Tallahassee, Florida.

ROBERT T. BENTON II

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 14th day of January, 1982.

COPIES FURNISHED:

Janice G. Scott, Esquire Department of Business Regulation

725 South Bronough Street Tallahassee, Florida 32301

Tomas F. Gamba, Esquire

779 Brickell Plaza, Suite 706

Miami, Florida 33131

Gary R. Rutledge, Secretary Department of Business Regulation

725 South Bronough Street Tallahassee, Florida 32301

Sherman S. Winn, Director Division of Hotels and Restaurants

725 South Bronough Street Tallahassee, Florida 32301

================================================================= AGENCY FINAL ORDER

=================================================================

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DIVISION OF HOTELS AND RESTAURANTS,

Petitioner,

vs. CASE NO. 81-1784

EMERALD PLAZA WEST, INC., d/b/a MIAMI GARDEN WEST APARTMENTS,

Respondent.

/

FINAL ORDER

This matter came on for hearing in Miami, Florida, before the Division of Administrative Hearings by its duly designated Hearing Officer, Robert T. Benton II, on September 4, 1981. The Division of Administrative Hearings received a transcript of proceedings on December 23, 1981. The parties were represented by counsel:

For Petitioner: Janice G. Scott, Esquire

725 South Bronough Street Tallahassee, Florida 32301

For Respondent: Thomas F. Gamba, Esquire

779 Brickell Plaza, Suite 706

Miami, Florida 33131

By notice to show cause, petitioner alleged that respondent on April 29, 1981 . . . was in violation of Florida Statute 509 and/or the rules of the Division of Hotels and Restaurants . . . in the following particulars:

1. Violation of F.S. 509.221 and Rule 7C-103(1)(3)(7); in that,

   1. Drop ceiling in 18257-Apt. #4 has not been placed in good repair.

   2. Ceiling leaks in South-East bed- room of 2250-Apt. #2 and living

      room ceiling of 18259-Apt. #3.

   3. Laundry room door has not been placed in good repair.

   4. Window in Apt. #2, 2250 N.W. 183rd St. has not been properly vermin

      and insect proofed.

   5. Premises have not been kept free of trash and debris (old cars).

   6. Roofs over 18257 and 59 have not been repaired over.

      
      

2. Violation of F.S. 509.211 [sic] and Rule 7C-1.04(3); in that,

   1. Hand rail at 18259 has not been properly secured.

      
      

3. Violation of F.S. 509.221 and Rule 7C-3.01(8); in that,

   1. Hot water faucet handle in 18257 Kitchen, has not been replaced."

The parties stipulated that Emerald Plaza West, Inc., is licensed by petitioner to do business as Miami Garden West Apartments.

FINDINGS OF FACT

1. Respondent Emerald Plaza West, Inc., holds license No. 23-12623-H, issued by petitioner. Miami Garden West Apartments consists of 31 or 38 (T. 79) apartments, in several buildings located on Northwest 183rd Street in Miami, Florida.

   
   

2. Rogers Brown, who has worked as an inspector for petitioner for six years, visited Miami Garden West Apartments on April 29, 1981, to perform a "call back" inspection. He wanted to determine whether violations he had noted on a routine inspection on February 19, 1981, had been corrected. He found that a hot water faucet handle with stripped threads had not been replaced; that an old, tagless car remained in the complex's parking lot; and that a handrail leading to the second story of building No. 18259 had not been properly secured. It still needed welding. The eaves on buildings 18257 and 18259 were rotten; the laundry room lacked a door and the living room ceiling in apartment No. 3 in building No. 18259 leaked.

   
   

3. In addition, Mr. Brown found on April 29, 1981, that certain conditions had persisted since June of the year before. The drop ceiling in apartment No.

   4 continued to need repair; the ceiling in apartment No. 2 in the building at 2250 Northwest 183rd Street continued to leak; and roaches and evidence of rodents continued to be present.

   
   

4. By September 3, 1981, the drop ceiling had been repaired and a new faucet handle had replaced the threadless one. The window in apartment No. 2 in the building at 2250 Northwest 183rd Street had been worked on, but the handrail in building No. 18259 still needed repair. Moisture remained on the ceilings of the southeast bedroom of apartment No. 4 in the building at 2250 Northwest 183rd Street and the living room of apartment No. 3 in building No. 18259, notwithstanding various roof repairs. The laundry room lacked not only a door but also a door frame.

   
   

5. Respondent makes repairs from time to time and regularly exterminates the premises.

   
   

6. Petitioner filed a proposed order which has been considered in the drafting of the foregoing findings of fact and substantially adopted, in substance. Proposed findings that have not been adopted have been rejected as inconsistent with or unsupported by the evidence or as irrelevant to the controversy.

   CONCLUSIONS OF LAW

   
   

7. Petitioner is authorized to "suspend or revoke the license of any public lodging establishment . . . that has operated . . . in violation of any of the provisions of . . . chapter [509] or the rules of the division." Section 509.261(1), Florida Statutes (1981). "In lieu of the suspension or revocation of licenses, [petitioner] may impose fines . . . [not to] exceed $500 for each offense." Section 509.261(2), Florida Statutes (1981).

   
   

8. The rules of the division which petitioner has here alleged that respondent violated provide:

   
   

   7C-1.03(1) Roofs, walls, ceilings, floors, stairs, steps, windows, transoms, shelves, fixtures, etc., shall be kept in

   good repair, clean and painted where appli- cable.

   * * *

   (3) Insects, vermin, rodents, termites, etc., shall be kept exterminated.

   * * *

   (7) Premises, yards, alleys, etc., shall be kept clean, free of debris and properly drained.

   
   

   7C-1.04(3) Halls, closets, stairways, entrances, exits--Halls[,] closets and stair- ways shall be kept free from obstructions and fire hazards. Halls, entrances and stairways must be clean, ventilated and well-lighted day and night and hall and stair runners

   kept in good condition. Handrails shall be installed on all stairways and guard rails around all porches and steps. Ade- quate means of exits from dining area and

   kitchen. All exit doors must swing outward and be equipped with automatic self-closing hardware. Exits shall be clearly marked with approved exit lights.

   
   

   7C-3.01(8) Kitchen and kitchen equip- ment--Kitchen and refrigeration equipment shall be kept clean and free from odors. Refrigerator must be kept in good repair and properly drained to outside where nec-

   essary. Kitchen shall be ventilated, well- lighted and provided with sufficient and suitable cooking utensils and adequate gar- bage receptacle. A kitchen sink must be installed. Kitchen equipment must be kept in good repair.

   
   

   The notice to show cause also alleges that respondent has violated Section 509.221, Florida Statutes (1981), the statutory provision which the foregoing rules explicate.

9. The evidence established every violation pleaded by petitioner, except that a single automobile parked in a parking lot does not constitute a violation of Rule 7C-1.03(7), Florida Administrative Code.

ORDER

It is therefore ORDERED:

That Emerald Plaza West, Inc., doing business as Miami Garden West Apartments, license control number 23-12623-H, shall pay a fine of $1,500 within

15 days of receipt of this order. Failure to timely pay said fine shall result in a suspension of the aforesaid license for a period of 30 days.

DONE AND ORDERED this 14th day of January, 1982 in Tallahassee, Leon County, Florida.

SHERMAN S. WINN, DIRECTOR

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

COPIES FURNISHED:

Janice G. Scott, Esquire 725 South Bronough Street Tallahassee, Florida 32301

Robert T. Benton, II, Hearing Officer Division of Administrative Hearings 2009 Apalachee Parkway

Tallahassee Florida 32301

Thomas F. Gamba, Esquire

779 Brickell Plaza, Suite 706

Miami, Florida 33131

Docket for Case No: 81-001784

Orders for Case No: 81-001784