nn STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, “ VS. License No. 23-09862-H sps APARTMENTS Case No. 4-01-125 Respondent. i _ ee ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND ° RESTAURANTS, ("Petitione ), files this Administrative Complaint against: gps APARTMENTS, ('Respondent’), and says: 4. Petitioner is the state agency charged with regulating the operation of public jodging establishments and public food service establisnments, pursuant to Sec. 20.165 and Chapter 509, Florida Statutes. 2. Respondent is, and has been at all times material hereto, licensed by OF subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent s jast known business address is NW 4 STREET, MIAMI, FL 33136.The last known mailing address is ZIAD INVESTMENT CORPORATION, 1 33136. 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 ieee governing oper tion of the establishment. The viotation(s) found and applicable \aw are described in fee Exhibit “A’, attached hereto and incorporated herein by reference. WHEREFORE. Petitioner respectfully requests entry of an order imposing one or more of the following enalties: administrative fine not to exceed $1000 per offense, mandatory attendance at Respondent's expense at an educational program spo sored by the Department's Hospitality Education Program, suspension, revocation, OF refusal of a license issued ursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, OF the rules promulgated thereto. Signed July 26, 2001 eee Shannie Kallas, District Administrator By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Gail Hoge. Senior Attorney Florida Bar No. 9909289 Department of Business & professional Regulation 4940 North Monroe Street, Tallahassee, Florida 32399-1007 Telephone g50 - 488-3140! Facsimile 850 - 498-5074 ERTIFICATE OF SERVICE CERTIFICATE OF SS" BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: RDER has been hand served by me | HEREBY CERTIFY that a true and correct. py pf the foregoing (6) on this day of, al t q ot — 2001. my ee y “ ES fo — Received by: dgpeciors ignature . \ Operator's Signature ope poctors ein ha If LE \ fecal operas £ Sitch Fpcelis? Title aft " ey Title c r _ Of cha uc ft STA rk aw fit S64 bUT pig. ReCeruG Case No: 4-01-125 IN wit Revised 7191/2001 License No: 23-09862-11 Business Name: SDS APARTMENTS a License #; 23-09862-H Case #: 01-01-4125 Exhibit A tps Q2 ° “EC” as cited herein references specific provisions of the 1999 Food Code, Recommendations fhe United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Fea Administrative Code. “NEPA" as cited herein references specific provisions of the National Fiye-Pipigction ‘ Association Life Safety Code, incorporated by reference at Chapter 4A-3, “Fire Prevention, Get Jia m Provisions”, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code. Tee Uf Itis alleged that on June 15, 2001 and June 27, 2001 the licensee was in violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC), in the following particulars: 4. 701-3 61C-1.004(9)(a) FAC Fire Extinguisher Installation -- Fire extinguishers shall be installed in accordance with NFPA 10, Standard for Portable Fire Extinguishers. ‘ NEPA 10, 1-5.1 [Low] hazard ... locations ... include ...guest room areas of hotels/motels, etc. NFPA 10, 3-5 [These locations shall be protected by the installation of potable fire extinguishers wilh a minimum rating of] 2-A:10-B:C provided for each 3000 square feet of floor space on each level and installed so that the travel distance to any extinguisher shall not exceed 75 feet. NFPA 10, 3-1.4 On each floor level, the area protected and the travel distances shall be based of fire extinguishers installed in accordance with Tables 3-2.1 and_3-3.1. {a) OBSERVED 1A10BC FIRE EXTINGUISHERS INSTALLED. (MUST BE 2A10BC FIRE EXTINGUISHERS). (b) OBSERVED NO FIRE EXTINGUISHERS PROVIDED TO APARTMENTS #2 AND #10. 2. *04-8 NEPA 101, 19-3.4.4.4 1 & 633.025(11)FS Non-transient lodging establishments: Each non-transient lodging establishment shall be protected by the installation of single station smoke detectors powered by the building electrical supply installed in such a way as to provide clear signaling to the sleeping areas. Battery powered smoke detectors are permitted in those establishments that are three stories or less in height with direct access to the outside, from each living unit. OBSERVED NO SMOKE DETECTOR PROVIDED TO APARTMENT #10. 3. *06-4 61C-1.004(10) FAC... Exits shall be clearly marked with approved illuminated exit signs. OBSERVED EXIT SIGN LIGHTS IN DISREPAIR ON FIRST AND SECOND FLOORS. Exhibit A Page 1 of 2 “Py License #: 23-09862-H Case #: 01-01-125 4. *07-1 5. 13-1 6, 13-3 7. *24-4 614C-1.004(11) FAC 61C-1.004(6) FAC 61C-1.004(2)(a) FAC §09.221(7) FS (a) (b) (g) Electrical wiring -- To prevent fire or injury, defective electrical wiring shall be replaced and wiring shall be kept in good repair. . OBSERVED WATER HEATER WIRES EXPOSED INSIDE THE KITCHEN OF APARTMENT #10. OBSERVED NO LIGHT SWITCH COVERS INSIDE APARTMENT #10. OBSERVED EXPOSED ELECTRICAL WIRES INSIDE THE LIVING ROOM AND HALLWAY OF APARTMENT #10. OBSERVED EXPOSED ELECTRICAL WIRE OF METER INSIDE THE METER ROOM. All building structural components, attachments and fixtures shall be kept in good repair, clean and free of obstructions. OBSERVED NO RAILING TEETH BY APARTMENT #7. OBSERVED NO RAILING CONCRETE SUPPORT PROVIDED ON ALL FLOOR LEVELS. OBSERVED WALK WAY SUPPORT BY APARTMENTS #2 AND #5 IN DISREPAIR. OBSERVED HALL CEILING OF APARTMENT #10 COLLAPSED. OBSERVED NO BEDROOM DOORS PROVIDED FOR APARTMENTS #2 AND #10. OBSERVED KITCHEN AND BEDROOM CEILING OF APARTMENT #2 COLLAPSED. (TENANTS ARE ABLE LOOK INSIDE EACH OTHER’S ROOM WITHOUT OBSTRUCTIONS). OBSERVED NO WALLS FROM KITCHEN TO BEDROOM OF APARTMENT #2. _,. Bathroom facilities shall be kept, . . in good repair. . . [EXEMPTION-- 61C-1.004(2)(e) FAC: Resort condominiums, nontransient establishments and resort dwellings are exempt from the provisions of this subsection.] OBSERVED NO BATHROOM TUB TILES (HOLES) INSIDE APARTMENT #2 AND #10. The operator of any establishment licensed under this chapter shall take effective measures to protect the establishment against the entrance and the breeding on the premises of all vermin. Any room in such establishment infested with such vermin shall be fumigated, disinfected, renovated, or other corrective action taken until the vermin are exterminated. OBSERVED THE PRESENCE OF RATS AND ROACHES INSIDE THE APARTMENT UNITS AND METER ROOM. Exhibit A Page 2 of 2

Docket for Case No: 02-002173