MAY. 14.2802 18:01AM pe''eSE HAVERFIELD 4/8 NO.61@ PP. EXHIBIT "A" STATE OF FLORIDA mp, DEPARTMENT OF HEALTH “EL pom ae re } 02 MA Y Pa 9 DEPARTMENT OF HEALTH, PH hs Petitioner, A pli Vive, 6 " fOr vs. ~ DOH Case Nod 2002-2 Me BI1PY RIVERWALK COVE CONDOMINIUM ASSOCIATION, INC. i ATG Respondent. Serve: Caro) J. Henke, Respondent’s Registered Agent C/O Henke Property Management , 6213-A Presidential Court Fort Myers, FL 33919 / LEE COUNTY ADMINISTRATIVE COMPLAINT Nature of the Case YOU ARE HEREBY NOTINIED that this is an administrative action for the imposition of a daily cumulative administrative fine pursuant to Section 5 14.05 Florida Statutes. This case arises from the Respondent's failure to maintain minimum standards set forth by the Florida Statute and Florida Administrative Code regulating the operation and maintenance of the pool by Riverwalk Cove Condominium Association, Inc., located at 5820 Harbor Club Road, Fort Myers, Florida 33919, Factual Allegations as to All Counts 1. Petitioner, State of Florida, Department of Health, Lee County Health Department, is the administrative agency of the State of Florida charged with the duty to enforce provisions of Chapter 514 Florida Statutes, and Chapter 64E-9 Florida Administrative Code. 2. The Respondent owns and/or operates a public swimming pool facility, as defined by Section 514.011(2) Florida Statutes, located at 5820 Harbor Club Road, Fort Myers, Florida 33919, and permitted by Petitioner (Annual Operating. Permit # 36-60-00201). Page | of 4- Administrative Complaint RiverWalkCoveCondominiumAssocIncPool64E-9.doe MAY.14.2802 1@:@1AM PevTSE HAVERF IELD NO.616 P.5/78 3. On April 18, 2002 the Department of Health conducted an inspection of the Respondent’s pool and found that Respondent failed to maintain a log of pool water tests showing water tests taken at least once every twenty-four hours, in violation of Rule 64E- 9.004(13) Florida Administrative Code. See, Attachment “A” attached and incorporated herein, This has been a repeated continual violation committed by the Respondent. In previous inspections conducted on April 9, 2002 and on April 11, 2002, the Respondent was notified by the Department of Health by written inspection report of these violations and was instructed to maintain a daily log of chlorine and pH tests of pool water, The Department of Health hereby imposes a Five Hundred Dollar ($500.00) fine for this violation of law. 4, On April 18, 2002 the Department of Health conducted an inspection of the Respondent’s pool and found the system flow meter was not operational, in violation of Rule 64E-9.007(13) Florida Administrative Code, See Attachment “A.” This is a repeated violation committed by the Respondent. In previous inspections on April 9, 2002 and on April 11, 2002, the Respondent was notified by the Department of Health by written inspection report that the flow meter was unreadable, and thus non-operational, The Department of Health hereby imposes a Five Hundred Dollar ($500.00) fine for this violation of law, 5. On April 18, 2002 the Department of Health conducted an inspection of the Respondent’s pool and found the posted pool rules did not contain any reference to the required prohibition of glass in the pool nor was there any posting of the rule that glass was not allowed on the pool deck, in violation of Rule 64E-9,008(7) Florida Administrative Cade. See Attachment “A.” This is a repeated violation committed by the Respondent. In previous inspections on Apri! 9, 2002 and on April 11, 2002, the Respondent was notified by the Department of Health by written inspection report that the posted pool rules did not contain the required prohibition on glass in the pool or on the pool deck. The Department of Health hereby imposes a Five Hundred Dollar ($500.00) fine for this violation of Jaw, 6. On April 18, 2002 the Department of Health conducted an inspection of the Respondent’s pool and found the disinfection and pH feeders were not pumping, in violation Page 2 of 4-- Administrative Complaint RiverWalkCoveCondominiumAssocIncPool64E-9.doe MAY.14.2882 16:@1AM PAVESE HAVERFIELD No. 618 P.6/8 of Rule 64E-9.007(16) Florida Administrative Code. See Attachment “A.” This is a repeated violation committed by the Respondent. In previous inspections on April 9, 2002 and on April 11, 2002, the Respondent was notified by the Department of Health by written inspection report that the acid and chlorine barrels were empty and the pumps were not feeding. The Department of Health hereby imposes a Five Hundred Dollar ($500.00) fine for this violation of law. 7. On April 18, 2002 the Department of Health conducted an inspection of the Respondent’s pool and found the skimmer gutter grate was broken, in violation of Rule 64E- 9.007(3) Florida Administrative Code, See Attachment “A.” This is a repeated violation committed by the Respondent. In a previous inspection on April 11, 2002, the Respondent was notified by the Department of Health by written inspection report that the skimmer grate was broken and needed to be replaced. The Department of Health hereby imposes a One Hundred Dollar ($100.00) fine for this violation of law. Request for Relief Wherefore, the Department of Health hereby imposes a total fine to date in the amount of Two Thousand One Hundred Dollars ($2,100.00) for all violations of law as stated above. If the violations are not corrected on or before 15 days of receipt of this amended administrative complaint, the Petitioner, Department of Health, requests that this tribunal impose additional administrative fines on the Respondent in the respective amounts per day for each of the separate violations listed in this complaint continuing to exist from the date of receipt of this complaint until the date the Respondent corrects each of the respective violations listed. The Total Fine imposed herein, to date, being Two Thousand One Hundred Dollars ($2,100.00), or the cumulative daily amount if the corrections are not timely made as set forth Page 3 of d~ Administrative Complaint RiverWalkCoveCondominiumAssocIncPaol64E-9.doc MAY.14.2892 16:@18M PeVESE HAVERFIELD NO.614 P.7/78 herein, due and payable within 21 days of receipt of this Complaint to the Lee Counry Health Department, 3920 Michigan Avenue, Fort Myers, Florida, 33916. Done this au day of April 2002 by the Department of Health, Lee County STATE OF FLORIDA DEPARTMENT OF HEALTH MESA {V ask WW okt SUSAN MASTIN SCOTT Florida Bar #0000736 Chief Legal Counsel 2295 Victoria Avenue, Room 206 Fort Myers, Florida 33901 (941) 338-2743 CERTIFICATE OF SERVICE I hereby certify that a copy hereof has been furnished to: Carol J. Henke, Henke Property Management, Registered Agent, Riverwalk Cove Condominium Association, Inc., 6213-A Presidential Court, Fort Myers, Florida 33919, via Federal Express # 815335992210 this QUe* day of April 2002. Susan Mastin Scott NOTICE OF RIGHTS TO APPEAL A party whose substantial interest is affected by this order may petition for an administrative hearing pursuant to sections 120.569 and 120.57, Fla. Stat. Such proceedings are governed by Rule 28-106, Florida Administrative Code. A petition for administrative hearing must be in writing and must be received by the Agency Clerk for the Department, within twenty-one (21) days from the receipt of this order. The address of the Agency Clerk is 4052 Bald Cypress Way, BIN # AO2, Tallahassee FL 32399-1703. The Agency Clerk's facsimile number is 850-410-1448. Mediation is not available as an alternative remedy. Your failure to submit petition for hearing within 21 days from receipt of this order will . constitute a waiver of your right to an administrative hearing, and this order shall become a "final order.” Should this order become a final order, a party who is adversely affected by it is entitled to judicial review pursuant to section 120.68, Fla, Stat. Review proceedings are governed by the Florida Rules of Appellate Procedure. Such proceedings may be commenced by filing one copy ofa Notice of Appeal with the Agency Clerk of the Department of Health and a second copy, accompanied by the filing fees required by law, with the Court of Appeal in the appropriate District Court, The notice must be filed within 30 days of rendition of the final order. Page 4 of 4-- Administrative Complaint RiverWalkCoveCondominiumAssocIncPool648-9.doc cs a PEGRPU EPROP PRET A LEE EERE EDR ED EER ED PETE PEED EL EES yo : PVESE HAVERFIELDUE FLOKIIA MAY.14.2082 10:02AM DEPARTMENT OF HEALTH PURPOSE: —- COUNTY HEALTH DEPARTMENT TH ROUTINE wre REINSTECTION PUBLIC POOLAND BATHING PLACE C3 construcr Co CHANGE OP OWNER SS COMPLAINT > Qa SURVEY 3 CONSUITATION SS EPbeMtacaay OTHER ‘NAME OF BOOT Nan eine, ADDRESS -OWNER* - ect “PERSON IN CHARGE: nM g hese ¢ lat De carvectét irate with Mee -requl INSPECTION REPORT am Unitistretuiy Cevreet Vi j tinge Ba cet "len Wiha A S Reo Atinat. Vuctinns Pysas Olhse cy LD. cy Rida wlemaiierranive Cod ride Achainlgtrettive’ wrative fudororten POOLAREA POOL SAFETY HT. Apmncanee/Afene Control 4, Lite Henle wiPale I=) 2S. Syn Betguincenne FS) 87, Canes Chamertion ood 2, Pacube Atala sesrys $5. Lite Ring was RQUIPMEAT ROOM. BN. Gur Chlastng equa, DA eet! Minlys Tm Nh. Notety to Ai, Whling Pook Quick Dieng Cor de. Date Whtve Manat TS 4. Depth Movers 17. Riles Davies to us PLeveléCueut fa oS, Uernetensidet anctuiee IR. Cortiflearioy SYS, Dintyleericn Comtlor oo Kequipagat 3 6, Step Niatkinga SANITARY PACILUTTES COM pH Feeder o Fp atty Cheisage ST. Majin (esti Chemie > 19. Rayyptines TA, Csi, Conpiiner Vaal o weg wavend Chenslisnts cb. ev Gres Sciattas I 20. Clenn 7 Fier Poni QM. Malusemmer bay FLOW RATE: SS, Liptelag WATER QUALITY o HI Clove Ca Ad, Inspection Pratert I tO, Nu Divo Markings = a Anwoattn cid C= US, Meennater eae FS He, Mlue trary utp f 2 ZI tN, Diving Maan 22. free Chlorjae/Avoniw 2 * Merman 3 42, One HER TYEE > 12. Pal Cover Ca 2 pt TO 94, Pree Mec Cruse Co AB, Mtr rat eS 13. Poul Side Shen Ca 3%. Chivioe Siaabiver Col 0. Hgiaitit, qari ee ne vd NOTE: [tis untawful ta modify any public pout or fis equipment without Cyst having obtained appruval from (he department. ¢ — ren ® Peach ESC VERT COMMENTS AND INSTRUCTIONS oy Poediegee Let agit tei naileravtanebt NUMER LGA pala r yD pert eit, (eonthnue anauached shew) 7G 5 sente0 bf « —Lt GAR Mo Grass 10 ani acne) Poaw Nec Tp Poor Puces 7 LEALTO DA GIARTMEST IASECTOR: COPY OF RECORT RECKIVRD A¥s a. 2 De debi Aeah rhe LEGie.— DH- Fern 920, Fal 5¢ (Cbsoletos Promos Ahmar; ArrAc# Pegplace raditan. tenets GtsDlane G CUDA RADQUART Wes Ml Ment 44 Ay yy eR ee PONE u —— ws tla Poor teFiaswes 2 19957 Oat

Docket for Case No: 02-002184