ALJDEC

01F-C001123-BFS · Department of Building and Fire Safety · 2001-01-02

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 2, 2001 APPEARANCES: Larry and Juanita Shaver, Complainants, in their own behalf No one appeared one behalf of the Respondent ADMINISTRATIVE LAW JUDGE: Allen Reed _____________________________________________________________________

Findings of Fact 1. On January 11, 2000, the Complainants purchased their manufactured home from the Respondent, Omega Manufactured Home Sales (Omega). 2. The Complainants specifically informed the Respondent that the home needed to be “ground set”. This was because Janice Hopkins (Hopkins), the person who would be occupying the home, is in a wheelchair and has limited mobility. 3. The home was subsequently delivered and set up at the Buena Vista Mobile Home Park (Buena Vista), in Buckeye, Arizona. When set up, it was 23 inches above ground level in front and 15 inches above ground level in back. A deck with a ramp was added to the back entrance. The Respondent put some concrete steps at the front entrance. 4. Hopkins moved into the home at the end of March, 2000, and discovered a number of problems which required correction. The Complainants filed their complaint with the Department of Building and Fire Safety-Office of Manufactured Housing (Department). 5. On September 7, 2000, Department inspector Dennis Butzen (Butzen) inspected the home. Butzen issued a Verified Complaint and Sign Off Form (Verified Complaint) to the Respondent. The only relevant part of the Verified Complaint provided that the Respondent accepted removal of the front steps and replacement with a deck as was added in the back of the home. The back of the home has a ramp which allows access to the home, with a wheelchair. 6. The Respondent did not correct the condition as required by the Verified Complaint. 7. The Citation and Complaint was issued to the Respondent on November 6, 2000. 8. The Respondent through Sam Shirley (Shirley) responded that he had contracted with Buena Vista to try to correct the condition but they were unsuccessful. The only issue for the purpose of this hearing, concerns Hopkins’ access to the front door of her home. 9. According to Hopkins, she does not have adequate access to the front of the home and no deck with an adequate ramp has been installed. Conclusions of Law The Citation and Complaint allege violation of A.R.S. of §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 Complainants informed the Respondent they required a ground set for the home and this constituted part of the contract between the parties. 2. The evidence shows that despite the opportunity and time, the Respondent has failed to correct the problem as required by the Verified Complaint . The Respondent cannot avoid this responsibility by delegating it to another party. If the work is delegated, it is still the Respondent’s legal obligation to ensure it is satisfactorily completed. 3. The Respondent failed to appear and present any defense in this case. According to Ms. Hopkins, the Respondent is still in business and the failure to appear is unexplained. No evidence has been presented in mitigation of the violation. 4. 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-8 license, No. 7169, of the Respondent Omega IAM Samco Investment Group, Inc., dba Omega Manufactured Home Sales, shall be revoked unless the Assistant Director has received written proof that the Respondent has accomplished appropriate and effective remedial work by installing a deck and ramp at the front door of the Complaint’s home. It is further recommended that if the Respondent does appropriate and effective remedial work as required by the Order entered in this matter, that the aforementioned revocation not take place and the Citation and Complaint upon which it is based 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