ALJDEC

97F-L967023-BFS-COM · Department of Building and Fire Safety · 1998-02-13

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

| |§| | |THERESA RAMIREZ AND BLANCA |§|CASE NO.: LTA 96-7/023 | |SOLIS, |§| | | |§|DOCKET NO.: 97F-L967023-BFS | |Complainants, |§| | | |§| | |-v- |§| | | |§|RECOMMENDED | |ALFRED AND JEANNIEN ERICKSON, |§|DECISION AND ORDER | |Owners, DAVID ERICKSON, |§|ON cOMPLIANCE HEARING | |Co-owner, Manager; and PALM |§| | |HARBOR ESTATES, |§| | | |§| | |Respondents. |§| | | |§| | | |§| | | |§| | | |§| |

HEARING: February 11, 1998, at 8:30 a.m. APPEARANCES: The Complainants appeared through their attorney, Joe Valenti. The Respondents appeared through their attorney, James Frisch. ADMINISTRATIVE LAW JUDGE: M. Douglas

On February 11, 1998, this matter came on for Compliance Hearing to determine whether the Respondents have substantially complied with the terms and conditions of the previously entered Order by the Department of Building and Fire Safety. Evidence and testimony were presented and, based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order on Compliance Hearing are made:

FINDINGS OF FACT

1. The prior Decision and Order, which had followed a hearing, and which has become final in the absence of any timely appeal, provided that the Respondents pay, as restitution, the Petitioners for their $50.00 filing fee, and that the Respondents pay the Department of Building and Fire Safety an administrative penalty of $250.00, and that the Respondents release the Petitioners from the Respondents’ improper claims for rent increases and late fees for the Petitioners’ awning size and pet dog.

2. The credible evidence of record established that the Respondents have given the Petitioners credit for their $50.00 filing fee, and have paid the Department of Building and Fire Safety an administrative penalty of $250.00.

3. Credible evidence, produced at the Compliance Hearing, established that the Respondents have released the Petitioners from rent increases and late fees for the Petitioners’ awning size and pet dog.

4. The parties are currently involved in a dispute regarding an insufficient funds rent check issued, and allegedly not redeemed, by the Petitioners and alleged late fees imposed by the Respondents for the alleged unredeemed insufficient funds check. The parties’ disputes, regarding the alleged unredeemed insufficient funds rent check and alleged late fees as a result of the said insufficient funds check, are found to be beyond the scope of the terms and conditions of the prior Order in this matter and beyond the jurisdiction of the Department of Building and Fire Safety and to be more properly within the purview of a civil court of competent jurisdiction.

CONCLUSIONS OF LAW

1. The credible evidence of record supported findings that the Respondents have substantially complied with the terms and conditions of the prior Order of the Department of Building and Fire Safety in this matter.

Recommended ORDER

In view of the foregoing, it is recommended that Case No. LTA 96-7/023 be closed.

Dated this 17th day of February, 1998.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ M. Douglas Administrative Law Judge

Original mailed this day of February, 1998 to:

Building of Fire and Safety ATTN: Dawn Castle E. Virginia, Suite 100 Phoenix, AZ 85004

Transmitted by:

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