8 a \ nae \ ead . | Frys STATE OF FLORIDA 0 en DEPARTMENT OF BUSINESS AND PROFESSIONAL Redip ation DIVISION OF HOTELS AND RESTAURANTS, , PH 3:9 5 Vege, DEPARTMENT OF BUSINESS AND AOM) “ial whe (oe PROFESSIONAL REGULATION, KE y ey Ra Nye Petitioner, Neg '*e vs. : WIECZKOWSKI, MARION License No. 46-00221-H CHICAGO MOTEL APARTMENTS Case No. 7-99-253 Respondent. i ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against WIECZKOWSKI, MARION, (“Respondent”), and says: 1. Petitioner is the state agency charged with regulating the operation of public lodging establishments and public food service establishments, pursuant to Sec. 20.165 and Chapter 509, Florida Statutes. 2. Respondent is, and has been at all times material hereto, licensed by or subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's last known business address is 1547 TAMIAMI TRAIL, NORTH FORT MYERS, FL 33903-5502. 3. Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed violations of the provisions of Chapter 509, Florida Statutes, and / or the rules promulgated thereto goveming operation of the establishment. The violation(s) found and applicable law are described in Exhibit “A”, attached hereto and incorporated herein by reference. WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the following penalties: administrative fine not to exceed $1000 per offense; mandatory attendance at Respondent's expense at an educational program sponsored by the Department's Hospitality Education Program; suspension, revocation, or refusal of a license issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto. Signed December 29, 1999 LE Lest f Gary Tillman, District Administrator Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Gail Hoge, Senior Attomey Florida Bar No. 0909289 Department of Business & Professional Regulation ’ 1940 North Monroe Street, Tallahassee, Florida 32399-1007 Telephone 850 - 488-3140 / Facsimile 850 - 488-5074 Revised 11/22/1999 @ ew License No. 46-00221-H Case No. 7-99-253 EP if fa ilk s It is alleged that on December 29, 1999 the licensee was in violation of Florida Spatugs 609 apie the Rules of the Division of Hotels and Restaurants, Florida Administrative Code, in the 1.1, *04-1 2. *07-2 3. *07-1 4.*10-1 5. "11-2 61C-1.004(5) FAC 61C-1.004(11) FAC 61C-1.004(11) FAC © 509.221(3) FS - 61C-1.004(13) FAC 9 Paitictdays: yay All fire safety, protection and preventio pentinust ve installed, approved, maintained and usettih! RE WR Chapter 509, FS, and the National Fire Pri i Ngsocia on Life Safety Code Chapter 101, as adopted by the Division of State Fire Marshal in Chapter 4A-3, FAC. OBSERVED NO WORKING SMOKE DETECTORS. ... No extension cords shall be used except during cleaning, maintenance and other temporary activities .... A) OBSERVED EXTENSION CORDS OPERATING ALL APPLIANCES IN APARTMENTS 13, 14, 15, & 16. (NO DIRECT POWER) B) OBSERVED THE ONE WORKING SEPTIC SYSTEM IS HOODED UP TO AN EXTENSION CORD LYING INA POOL OF WATER. Electrical wiring -- To prevent fire or injury, defective electrical wiring shall be replaced and wiring shall be kept in good repair. . OBSERVED MISSING ELECTRICAL COVER PLATES IN OCCUPIED APARTMENT # 15. Each establishment licensed under this chapter shall be properly ... heated, cooled, . . and shall be operated with strict regard to the health, comfort, and safety of the guests. ... OBSERVED NO ADEQUATE HEATING PROVIDED IN OCCUPIED APARTMENTS. Gas appliances -- All appliances, including water heaters using gas, shall be kept in good repair ... and shall meet the following requirements: (b) Heating appliances shall be properly sized in BTU input for room air space. Proper sizing of heating appliances shall be determined in accordance with the provisions of NFPA 54, the National Fuel Gas Code, as adopted by the Division of State Fire Marshal in Chapter 44-43 . .. , FAC, for public lodging establishments. . . OBSERVED USING GAS OVEN AND GAS TOP BURNERS TO HEAT THE APARTMENTS OCCUPIED BY SMALL - CHILDREN. Exhibit A Page 1 of 2 6. *27-6 7, *33-2 8. *38-2 @ h/ 5-402.13 FC 509.141(2) FS” 61C-1,002(6) FAC rw) License No. 46-00221-H Case No. 7-99-253 Conveying SEWAGE.*SEWAGE shall be copyeyed to the point of disposal through an APPROVED sanitary SEWAGE 5 stem or other system, including use of SEWAGE transp vehi waste retention tanks, pumps, pipes, seg, png connections that are constructed, maintained, and oper dpcopging to LAW fy, o 06 foie OBSERVED SEPTIC SYSTEM REAL ARDP ERT FAILING, FOUL SMELL, VERY WET S@iL4 me F VEGATATION. (SEE ATTACHED REQUESTS’ PAT THE SYSTEM BE PROPERLY REPAIRED.) The operator of any public lodging establishment or public food service establishment shall notify such guest that the establishment no longer desires to entertain the guest and shall request that such guest immediately depart from the establishment. Such notice may be given orally or in writing. OBSERVED ESTABLISHMENT LICENSED AS A NON- TRANSIENT APARTMENT BUT FREQUENTLY HAS THE GUESTS RE-MOVED BY THE LOCAL SHERIFF'S DEPARTMENT FOR NON-PAYMENT HOLDING THE LOCATION OUT AS A MOTEL. It is the responsibility of the licensee to renew the license prior to the expiration date... Any public lodging ... establishment operating on an expired license is deemed to be operating without a license, and subject to the penalties provided for this offense in law and rule. OBSERVED FAILED TO RENEW LICENSE BY DECEMBER 1, 1999. Exhibit A Page 2 of 2

Docket for Case No: 00-003611