State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. FAIRMONT&NORTHDALE APARTMENTS rigense mee soles Respondent. Case Number 2013041829 / Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against FAIRMONT&NORTHDALE APARTMENTS, (“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 Section 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 business address of record is 1120 NE 9 AVE, FORT LAUDERDALE, FLORIDA 33304-2162.The mailing address of record is FAIRMONT&NORTHDALE APARTMENTS, at 1120 NE 9 AVE, FORT LAUDERDALE, FLORIDA 33304-2162, 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, 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 October 14, 2013 SD. Shannie Kallas, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Marc Drexler, Lead Attorney Florida Bar No. 0487058 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202 Certificate of Service BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2013, Received by: Inspector's Signature Operator's Signature Title Title Case Number: 2013041829 File Number: 49209 District Number: 02 License Number: 1616539 2003 Form revised 01.01.13 FAIRMONT&NORTHDALE APARTMENTS. Exhibit A License Number: 1616539 License Type: 2003 APARTMENT Case Number: 2013041829 Itis alleged that on June 19, 2013, August 19, 2013 Respondent was in violation of Florida Statute 509 (FS); the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC); and/or specific provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, as incorporated by Chapter 61C, 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. “* denotes a high priority violation. “denotes an intermediate priority violation. ™ 4.12-10-4 61C-3001(5)(e) FAC High Priority: The operator shall keep a copy of the Certificate of Balcony Inspection, stamped with the date it was received by the district, available for inspection upon request. Observed Certificate of Balcony Inspection stamped by the Division's district office not available. 2, 13-26-4 61C-1.004(5) FAC Basic: All building structural components, attachments and fixtures shall be kept in good repair, A. Observed broken window on first floor south side of building: units #1 and #47 in buildings 1120 and 1100. B. Observed screening on the window is torn: throughout all buildings. 3. 25-07-4 509.221(7)FS Basic: 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, A. Observed discarded mattress stored outside unit #8. B. Observed discarded construction or maintenance refuse on the premises. 4, 26-25-4 5-501.16(A) FC and 5-02.11 FC Basic: (A) An inside storage room and area and outside storage area and enclosure, and receptacles shall be of sufficient capacity to hold refuse, recyclables, and returnables that accumulate. 5-502.11 Refuse, recyclables, and returnables shall be removed from the premises at a frequency that will minimize the development of objectionable odors and other conditions that attract or harbor insects and rodents. Observed dumpster overflowing garbage. ™ 5. 38-11-4 61C-1.002(6) FAC High Priority: 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 license expired (more than 60 days after expiration date): expired 12/1/2011. Case Number: 2013041829 _ File Number: 49209 District Number: 02 License Number: 1616539 2003 Form revised 01.01.13 FAIRMONT&NORTHDALE APARTMENTS

Docket for Case No: 13-004977