ALJDEC

01F-C001122-BFS · Department of Building and Fire Safety · 2001-01-02

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 2, 2001 APPEARANCES: Robert and Naomi Mathews, Complainants, in their own behalf No one appeared on behalf of the Respondent ADMINISTRATIVE LAW JUDGE: Allen Reed _____________________________________________________________________ Findings of Fact

1. On October 5, 1999, the Complainants purchased their Cavco manufactured home through Jentra Limited Co. (Jentra), dba as Metro Factory Outlet (Metro), in Camp Verde, Arizona. 2. The home was subsequently delivered and set up on the Complainant’s lot in Prescott Valley, Arizona. 3. On December 22, 1999, the Complainants paid $750.00 (check no. 1214), to Metro for skirting and tie downs. 4. The Complainants moved to the home in the summer of 2000, and discovered numerous problems which required correction. The only problem remaining for the purpose of this hearing, concerns the lack of tie downs for the home. 5. The Complainants filed their complaint with the Department of Building and Fire Safety-Office of Manufactured Housing (Department). On July 27, 2000 Department inspector Lon Clifton (Clifton) did not verify the tie downs (item 15), because it was not listed on the contract between the parties. Most other complained of items had been corrected. 6. Based on documentation sent to the Department (presumably a copy of check no. 1214), the Department verified item 15, on August 24, 2000. 7. The Citation and Complaint was issued to the Respondent on November 6, 2000. 8. The Respondent (Robert Miller, Qualifying Party on behalf of Jentra) responded to the Citation and Complaint by claiming the tie downs were not part of the contract. 9. The tie downs have still not been corrected. According to the Complainants, an independent party gave them a quote of $250.00 to do the work done. Conclusions of Law The Citation and Complaint alleges violations of A.R.S. §41-2186.1., failure to comply with the chapter; 12., failure to respond to a Verified Complaint; 19., failure to provide agreed upon goods and services, and 20., failure to install in a workmanlike manner. 1. The evidence shows that despite opportunity and time, the Respondent has failed to correct the tie downs as required by the amended Verified Complaint . The Complainants paid Metro for the service by check as the tie downs constituted part of the contract between the parties. 2. The Respondent failed to appear and present any defense in this case. It appears that Metro is no longer in business in Camp Verde but Jentra Limited Co. dba Valley Manufactured Housing is the same entity and the proper Respondent in this case. 3. The allegations in the Citation and Complaint are proven by a preponderance of the competent evidence. Recommended Order In view of the foregoing, it is recommended commencing on the effective date of the Order entered in this matter that the Class D-12 license, No. 6978, of the Respondent Jentra Limited Co., dba Valley Manufactured Housing shall be revoked unless the Assistant Director has received written proof that the Respondent has accomplished appropriate and effective remedial work by installing the necessary tie downs for the Complainants’ home. It is further recommended that in the alternative to installing the tie downs, and at the option of the Respondent, that on or before the effective date of the Order entered in this matter, the Respondent shall pay to the Complainants the amount of $250.00. It is further recommended that if the Respondent does appropriate and effective remedial work or in the alternative pays $250.00 to the Complainants as required by the Order entered in this matter, that the aforementioned revocation shall not take place and the Citation and Complaint shall be closed. Done this day, January 3, 2001.

______________________________________ Allen Reed Administrative Law Judge

Original transmitted by mail this ____ day of January, 2001, to:

N. Eric Borg, Director Department of Building and Fire Safety ATTN: S. Gail Hinckley East Virginia, Suite 100 Phoenix, AZ 85004

By ___________________________

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Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826