Findings Of Fact Respondent Emerald Plaza West, Inc., holds license No. 23-12623-H, issued by petitioner. Miami Garden West Apartments consists of 31 or 38 (T. 79) apartments in several buildings located on Northwest 183rd Street in Miami, Florida. E.J. Catogas, president of Emerald Plaza West, Inc., was also president of the general contracting firm that built the complex in 1973. Two years or so before the hearing, Emerald Plaza West, Inc., became the owner of Miami Garden West Apartments as a result of a foreclosure action. By the time of the hearing, the apartments had been sold and belonged to Nicky Limited, but respondent Emerald Plaza West, Inc., continued to manage the property under contract to the new owner. On April 11, 1980, Rogers Brown, an investigator in petitioner's employ, visited Miami Garden West Apartments. He found less fire extinguishers than the required two per building, and, of the fire extinguishers he found, some were in need of recharging. He discovered a refrigerator in need of repair in apartment No. 2 at 2250 Northwest 183rd Street, two toilets near the swimming pool in need of repair, and several screens in need of replacement, namely, screens on the east and west sides of apartment No. 2 in building 18257; on the east side of apartment No. 3 and in the kitchen of the same apartment', and on the east and rear sides of apartment No. 1 in building No. 18257; front and rear screens were missing in building 18255, and on the front and north sides of apartments Nos. 2 and 3 of building 18251. The inspector also found roaches and rodents on the premises. An employee of respondent lives two blocks from the apartment complex and helps with the repairs but is unable to speak English. Since he was unwilling to sign Inspector Brown's inspection report, Mr. Brown caused the report to be mailed to respondent, certified mail. Mr. Catogas refused the letter, however. Rogers Brown personally furnished E.J. Catogas copies of inspection reports on November 19, 1980. 1/ On May 15, 1980, personal service of the report had been effected on the wife of the employee who lived nearby. When Rogers Brown again inspected Miami Garden West Apartments, on June 9, 1980, he found some buildings still lacking fire extinguishers altogether, and found no fire extinguisher that was not out of date. There were only three or four fire extinguishers in the entire complex, and each needed recharging. Without contradiction, Mr. Catogas testified that the fire extinguishers are sometimes stolen. According to the same witness, the apartments are located in a fairly nice neighborhood and all the fire extinguishers were in place and operable on September 3, 1981. Petitioner's Mr. Brown found all the fire extinguishers in good order when he inspected on April 29, 1981. He had advised respondent that some of the fire extinguishers were in need of recharging on February 19, 1981. When Mr. Brown inspected on June 9, 1980, the roof on the southeast side of apartment No. 2 in the building at 2250 183rd Street leaked. Water was also leaking through a windowsill, and the refrigerator was not working in that apartment. At the time, apartment No. 2 at 2250 Northwest 183rd Street was occupied by Fannie Lindsey, whose maiden name was Fannie Hogan. During one period, her toilets overflowed, two to three times a week, for a reason she did not understand. Ms. Lindsey brought a lawsuit against respondent seeking changes in the conditions in her apartment. On December 26, 1980, Mr. Catogas or his lawyer wrote Ms. Lindsey's lawyer that the repairs sought had been effected. At the time of the hearing, the roof had been repaired, but the refrigerator still did not work. Mr. Catogas explained that he had adopted a policy, on advice of counsel, of effecting emergency repairs only in the Lindsey apartment. The door was off the pump room for the swimming pool and the laundry room also lacked a door, on June 9, 1980. There was a wet spot in the ceiling of the laundry room and holes in the sheet-rock lining the walls. One of the plates in the drop ceiling in apartment No. 4, building No. 18257, was broken, and the baseboard required repair. The outside toilets near the pool were inoperable. The plumbing has since been repaired, but residents do not have access to these toilets because the doors have been locked since the repairs were effected. No screens were to be found on the east side of apartment No. 2 at building No. 18257, on the east and rear sides of apartment No. 1 in the same building, and at the kitchen window and on the east side of apartment No. 3, also in building No. 18257. The front and north screens were missing at apartments Nos. 2 and 3 in building 18251 and front and rear screens were missing in building No. 18255. There were roaches and rat droppings in some of the apartments Inspector Brown visited on June 9, 1980. At some point, an employee of respondent began exterminating pests at the complex. Chemicals (some diazo compound) and equipment are kept on the grounds. Rogers Brown returned to Miami Garden West Apartments on August 16, 1980, on February 19, 1981, and on February 23, 1981. On his most recent visit, he once again found roaches and evidence of rodents; missing screens on the front and rear of building No. 18255; and that the drop ceiling in apartment No. 4, building No. 18257 remained unrepaired. According to Mr. Catogas, this has since been fixed. Mr. Brown also noted the still unmet need for repair to the baseboard in the living room of apartment No. 4 in building No. 18257. Respondent makes repairs from time to time and regularly exterminates the premises. Petitioner filed a proposed order which has been considered in the drafting of the foregoing findings of fact and substantially adopted, in substance. Proposed findings that have not been adopted have been rejected as inconsistent with or unsupported by the evidence or as irrelevant to the controversy.
Recommendation Upon consideration of the foregoing, it is RECOMMENDED: That petitioner assess a civil penalty against respondent in the amount of $2,500. DONE AND ENTERED this 14th day of January, 1982, in Tallahassee, Florida. ROBERT T. BENTON, II Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 14th day of January, 1982.
Findings Of Fact Respondent, Real Estate Rentals, Inc., operates a licensed public lodging establishment known as Ippolito Apartments. These apartments are located at 112 S. Brevard, Tampa, Florida. On July 30, 1982, a routine inspection of the apartment building was made by a representative of the Division of Hotels and Restaurants. On that date, the following deficiencies or violations existed: There were no ABC type fire extinguishers within 75 feet travel distance of each apartment or inside each apartment. There were no fire extinguishers in the building. Several jalousie window panes were either broken or missing. Interior walls of the common areas needed scraping and painting. There were torn screens which needed repair. The building had roaches and needed to be sprayed for these and other pests. The current license was not displayed on the premises. These deficiencies were listed on a public lodging inspection record (see Petitioner's Exhibit 1) and a copy of this inspection record was provided to the Respondent. The Respondent was instructed by this document to correct the violations or deficiencies prior to the next routine inspection. The next routine inspection of the premises took place on March 21, 1983. At that time, the deficiencies cited in the July 30, 1982, inspection record had not been corrected. In addition to those deficiencies found on July 30, 1982, the following deficiencies existed on March 21, 1983: There was not a properly installed hall light outside Unit No. 2. Unit No. 5 did not have a properly installed and operating refrigerator. Broken plaster board walls needed repair. The front exit door did not have properly installed self-closing hardware. The ceiling, floors and stairs of the interior needed to be swept. Respondent was provided with a copy of the March 21, 1983, public lodging inspection record (see Petitioner's Exhibit 2) and was given until April 11, 1983, to make the necessary corrections. The premises were again inspected on April 22, 1983, and the corrections of the deficiencies noted in the two previous inspections had not been made. On June 9, 1983, all corrections except for the required fire extinguishers had been made at the licensed premises.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED: That the Division of Hotels and Restaurants enter a final order imposing a fine of $150 for the violations cited above. DONE and ENTERED this 29th day of November, 1983, in Tallahassee, Florida. MARVIN E. CHAVIS, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 29th day of November, 1983. COPIES FURNISHED: William A. Hatch, Esquire 725 South Bronough Street Tallahassee, Fl 32301 E. L. Ippolito 901 S. Rome Tampa, Florida 33606 Gary R. Rutledge, Secretary Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301 Sherman S. Winn Division of Hotels and Restaurants 725 South Bronough Street Tallahassee, Florida 32301
