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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION vs WEST DADE LTD. II, 05-001757 (2005)

Court: Division of Administrative Hearings, Florida Number: 05-001757 Visitors: 3
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: WEST DADE LTD. II
Judges: PATRICIA M. HART
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: May 16, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, July 22, 2005.

Latest Update: Dec. 31, 2024
SLC Uct 2 204 JUAN Pax station: UPR Ite UR LUMPEIANCE FROM {MON} OCT 25 2004 21:00,... 20:59/No. 6826639019 P 3 3 eo STATE OF FLORIDA Lease DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS 1S ERY Ub O47 iuud panes DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, + vs. ‘ WEST DADE LTD I License No. 2300370 Respondent, License Type 2003 Apartment n Case No. 2004042775 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against WEST DADE LTO tl, (‘Respondent’), and says: 4. Petitioner is the state agency charged with regulating the operation of public lodging establishments and public food service establishments, pursuant to Section 20.165 and Chapter 509, Florica 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 business address of record is 02330 NW 009 ST, MIAMI, FLORIDA 331253200.The mailing address of record is WEST DADE LTD Il, at PO BOX'440584, MIAMI, FLORIDA 33152-6744. 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 governing operation of the establishment. The violation(s) found and applicable law are described in Exhibit *A,” attached hereto and incorporated herein by reference. Inspection documents are attached as Exhibit “B”, 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 $1,000 per offense; mandatory attendance at Respondent's expense at an educational program sponsored by the Department's Hospitallty 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 September 01, 2004 3S. D, Shannie Kallas, District Manager By delegation of the Director, or designee ~ Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Charles F. Tunnicliff, Lead Attomey Florida Bar No. 0153831 Department of Business & Professiona) Regulation 1940 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7160 3801 9848 3954 4823 | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this, day of, Received by: Inspectors Signature Operator's Signature Title Title Case Number: 2004042775 Form revised 9/8/04 Licanse Type: 2003 Apartment District Number. 01 Lieanse Number: 2300370 WEST DADE LTD tl License Number: 2300370 License Type: 2003 APARTMENT Case Number: 2004042775 Exhibit A “FC” as cited herein references specific provisions of the 1999 Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative Code. “NFPA” as cited herein references specific provisions of the National Fire Protection Association Life Safety Code, incorporated by reference at Chapter 4A-3, “Fire Prevention, General Provisions”, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code. Itis alleged that on JULY 16, 2004 AND AUGUST 20, 2004 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. Copy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. * 1.38-03 509.241(3) FS & 61C-1.002(1) &(7) FAC DISPLAY OF LICENSE. -- ANY LICENSE ISSUED BY THE DIVISION SHALL BE CONSPICUOUSLY DISPLAYED IN THE OFFICE OR LOBBY OF THE LICENSED ESTABLISHMENT. THE CURRENT LICENSE FROM THE DIVISION SHALL BE CONSPICUOUSLY DISPLAYED IN THE OFFICE OR LOBBY OF THE ESTABLISHMENT. IF NO OFFICE OR LOBBY IS PRESENT ON THE PREMISES OF THE LICENSED ESTABLISHMENT, THE LICENSE MUST BE READILY AVAILABLE FOR INSPECTION UPON REQUEST. THE DIVISION SHALL ISSUE A LICENSE, WHICH IS BPR FORM 21-022, PUBLIC LODGING AND FOOD SERVICE LICENSE, INCORPORATED HEREIN BY REFERENCE AND EFFECTIVE 9-25-96 TO EACH PUBLIC LODGING ESTABLISHMENT WHICH HAS SATISFIED THE REQUIREMENTS OF CHAPTER 509, FS, AND THIS CHAPTER UPON INITIAL LICENSING AND ANNUAL RENEWAL. OBSERVED NO CURRENT LICENSE ON DISPLAY. 2. 13-01 61C-1.004(6) FAC ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS AND FIXTURES SHALL BE KEPT IN GOOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS. OBSERVED LARGE AMOUNTS OF WOOD DUST, DEBRIS THROUGHOUT APARTMENTS 4 AND 7, ALSO IN THE HALLWAYS OF THE APARTMENT BUILDING. * 3.24-01 509.221(7) FS _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 TERMITE LIKE INSECTS IN THE HALL BY THE DOORS, METERS AND IN THE APARTMENTS 4 AND 7. : * denotes critical violation Exhibit A Case Number: 2004042775 Page 1 License Type: 2003 APARTMENT License Number: 2300370 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Division of Hotels and Restaurants CALL BACK/RE-INSPECTION REPORT page _|_ of! __ [Day [Year Month County D 370 NOTICE TO SHOW CAUSE You will be issued a Notice to Show Cause why sanctions should not be assessed against your license, A hearing will be held at a time and place to be designated by the director. C1 complied (_]Hearing requested hot complied (_] Out of business WARNING OF DIRECT NOTICE: Failure to be in compliance with this notice at any future inspection may result ina direct Notice to Show Cause. pavarring Pre-conference Pre-hearing Con Stipulation [On Hearing Order Dother: CTime extended date: {sf time: owner Name: Ww ef T hA C LT b. ff Business Name: W/C aa h LAAh C LTn wid _ Business Address: pa) do N. Ww. q iE Business City: Ray Sim’ ji a eee aay i 1 a z Oe ban (0! Wert DADE LTH ——- po Boe Uo 94 RECIPIENT'S NAME (PLEASE PRINT) INSPECTOR'S NAME {PLEASE PRINT) RECIPIENT'S SIGNATURE ESTABLISHMENT TELEPHONE DBPR Form HR 5022-005 Le MyFlorida.com Revised 2000 August 10 1 A VDSS 93 Ne Rd od 2 SE > FROM (TUE)NOV § 2004 20:53/. . 20:52/No. 6826639059 P 1 U.S. Postal Service CERTIFIED MAIL... RECEIPT (Dontestic Mail Only; No Insurance Coverage Provided) For scivery Information visit our wabsilc ut www uBps.com OFFICIAL USE Certified Fee en ES 7903 L020 D004 2475 b4a4 2) Article Number". {Pransfpr frxyn LEGAL NOTICE LODGING INSPECTION REPQRT DEPARTMENT OF BUSINESS AND PF ISSIONAL REGULATION Division of Hotels and Restaurants CONTROL NUMBER INSPECTOR County | File Number |Suf LENS BOOGSGD Lb (92 ‘Xi K l i” OWNER NAME B Nontransient Apartment.) eaeocad | wo | Wert Ale LT) I a : a aQS@Oaeae Be BUSINESS NAME © Motel i. CB ae BG SO Tj __ Transient Rooming House Bay gOG i wt D ANe CTp Te ing QBQlQ@ee¢oa Qe ADDRES. 3 individual Condo *, : , SEceeagg Sea 3 3 o Ar. GF f T C3 Individual Dwelling = 4 i. a . Sacgoaeesoe @ o Tie Opionah ( Transient Apartment Bosaoesgo ao 3- (3 Group Condo Beoaaes @ (2 Group Dwelling BTaAagc»ao Oe No. of Units ©. Collective Conde (x3) 2 Collective Dwelling € Nontransient Rooming House (© Bed & Breakfast INSPECTION DATE Month Day . . | . a > Failure to comply with this Notice may initiate an Routine administrative complaint that may result in suspension or revocation of your license and fines, ay r Complaint INSPECTION RESULTS Information 4 © ANY VIOLATIONS noted herein must be corrected by the NEXT ROUTINE INSPECTION. POEAL Feats frat’ ofA. Pending 2 @™ WARNING: Violations in the operation of your establishment must be core by: Qs & Date: wee Time 8 CB & 8 3© ADMINISTRATIVE COMPLAINT recommended Ba B based upon repeated violations(s). @ g fae Ec) @ @ 5 © Seasonal @ a 2s Qs & & 8 @ 6 (3 EMERGENCY ORDER recommended based upon violations that are a severe ee . . . and immediate threat to the public. DISPOSITION a g seace SF Baesgeaeas 8 ) See reverse side "for explanation of citations. T1010 710 10 41 0209 1209 2209 32 kD 030 28 (320 320 3G 24 COMMENTS wo es cd the Presenie feamit me HO HD tod sya. #Y abscaued LA the A tovats of wetad wet 070 79 270 370 fod the Len vay, CIRCLED ITEMS ost} 1803 2809 36m oO 9109 2 09 20 Recipient's Name (PLEASE PRINT) ee; ett Fi icd fo Recipient's Title po pox 8 der DADE UT pm Yyors4 RAM, CL Dicy- 6 M44 Establishment ~ Date and Time OFF eo 4G 1-6 www. hospitalityeducation.org Revised 2002 October 7 DBPR Form HR 5022-014 DISTRICT OFFICE COPY

Docket for Case No: 05-001757
Source:  Florida - Division of Administrative Hearings

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