“i fr STATE OF FLORIDA 2p,0 0 Ry DEPARTMENT OF HEALTH = “¢ /9 ° STATE OF FLORIDA : i DEPARTMENT OF HEALTH ore LC MIAMI-DADE HEALTH DEPARTMENT, D8- {765° Petitioner, Case No. 2002-22 MDCHD vs. J.C. PARAMORE JR. AND MANER W., Respondent, / ADMINISTRATIVE COMPLAINT Petitioner, Florida Department of Health, Miami-Dade Health Department (“Department”), through undersigned counsel and pursuant to Chapters 120, 381, and 386 Fla. Stat., brings this Administrative Complaint against J.C. Paramore Jr. and Maner W., owner of real property located at 2934 NW 57" Street, to request an order imposing an administrative fine of $5,000.00 and alleges: 1. Petitioner, the Department, is an agency of the State of Florida, charged with instituting administrative proceedings set forth in § 381.0061, Fla. Stat. (2001), to protect the health or lives of the individuals that may be threatened or impaired. § 386.01, Fla. Stat. (2001). 2. Resnondent. J.C. Paramore Jr. and Maner W., owns the property located at 2934 NW 57" Street, Miami, Florida 33142 (“Property”). 3. The Department has jurisdiction over this action by virtue of Chapters 120, 381, and 386 Fla. Stat. (2001). 4. From April 22, 2002 through August 27, 2002 inspections of the Property, pursuant to §381.041(2), Fla. Stat. (2001), revealed the following: (a) Respondent maintained trash, solid waste, rubbish, and overgrown vegetation on property, a potential for rodent harborage, in violation of § 386.041(1)(e), Fla. Stat.: 5. 11. § 386.041(1), Fla. Stat. (2001) provides: The following conditions existing, permitted, maintained, kept, or caused by an individual, municipal organization, or corporation, governmental or private, shall constitute prima facie evidence of maintaining a nuisance injurious to health. (e) The creation, maintenance, or causing of any condition capable of breeding flies, mosquitoes, or other arthropods capable of transmitting diseases, directly, or indirectly to humans. Respondent has violated Chapter 386, Fla. Stat. (2001), by maintaining trash, solid waste, rubbish and overgrown vegetation present on the Property located at 2934 NW 57° Street Miami, Florida 33142. . Pursuant to § 386.03, Fla. Stat., on May 28, 2002, the Department notified the Respondent of the above violations that existed on the Property, in violation of the Administrative Code, 64E-6. The May 28" letter notified Respondent that failure to correct violations within seven (7) days of receipt of this letter could result in an administrative fine. As of the May 28" letter, Respondent still unlawfully maintains the above existing conditions on the Property. . Respondent is hereby notified that the Department is requesting an order to impose an administrative fine of $5,000.00 pursuant to § 381.0061(1) Fla. Stat. (2002), which states: In addition to any administrative action authorized by chapter 120 or by law, the department may impose a fine, which shall not exceed $500 for each violation...Each day that a violation continues may constitute a separate violation. The Respondent has a 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 subpoena and subpoena duces tecum (production of records) issued, and to present written evidence or argument if you request a hearing. ‘ 1) Any hearing request or answer to the administrative complaint shall be made in writing and the response should include the following: a. An admission or denial of each factual matter alleged in the complaint. b. A short and plain statement of each relevant affirmative defense the Respondent may have. 2) Except for good cause: a. Factual matters alleged in this complaint and not denied in the Request for Hearing shall be presumed admitted. b. Failure to raise a particular defense in the Request for Hearing shall be presumed to be denied by the Department. 3) Any new matter raised in the Request for Hearing shall be presumed to be denied by the Department. 4) Evidence shall not be taken on any issue not raised in the administrative complaint and the Request for Hearing. 13. The Respondent is given full notice of the agency action. Unless a request for a hearing is received within thirty (30) days of receipt of this complaint, the Department will issue a Final Order. 14. Hearing request shall be mailed to Sam Power, Esquire, Agency Clerk, 4052 Bald Cypress Way, Bin A02, Tallahassee, Florida 32399-1703. Respectfully submitted, PIA 27s Morton Laitner, Esquire Fla. Bar No. 206334 Sarah Karns Certified Legal Intern Department of Health $325 NW 53”° Street, Suite 203 Miami, FL 33166 (786) 845-0300 (786) 845-0329 CERTIFICATE OF SERVICE I HEREBY CERTIFY, that a true and correct copy of the following has been sent by US. Certified Mail # 7000 0520 0016 3183 1436, to J.C. Paramore and Maner W. at 2145 NE 121" Street, Miami, Florida 33181, and by interoffice mail to Trevor Coke at 1725 NW 167" Street, Miami, Florida 33056, on this_2 y+ day of _o £1, - Pts. Morton Laitner, Esquire

Docket for Case No: 02-004785