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2. The Respondent, Dewey Root, has owned real property located at 28 South Willow Street, Fellsmere, FL 32948, where he operated a poodle breeding business, known as, Poodles by Dewey. Respondent did attend the August hearing board and a civil penalty in the amount of two thousand dollars ($2,000.00) was levied against him with a five thousand dollar ($5,000.00) suspended penalty due within thirty (30) days if the Respondent did not comply. The Respondent did initiate that he wanted to enter into a payment plan with the Hearing Board, which the Hearing Board was agreeable to offer. On December 6, 2012 the Hearing Board was given information on the case as circumstances had changed with the passing of the Respondent, Dewey Root. The animals were removed from the business and the structure has been reverted to a single family residence. The case will be coming before the Hearing Board in February, 2013 with a recommended amended order as portions of the approved order are no longer applicable. Case No. 499-12 3. Glendale Trade Center case came before the December 2012 hearing board. The facility located at 1995 US Highway 1, Vero Beach, FL 32960 was formerly a gas station and was taken out of service by the former owner in an effort to achieve compliance with the code and laws of the State of Florida. The facility was allowed to be out of service for up to two years without the requirement for the abandoned storage tanks to be removed. At the time Respondent purchased the subject property, the two year time period during which the facility was allowed to be out of service, while the tanks were allowed to remain in the ground had passed. Accordingly, Petitioner notified the Respondent of the existing violation and the need for corrective action with regard to the improperly abandoned storage tanks as required by the Florida Administrative code. Additionally Petitioner advised Respondent at this time that the abandoned tanks which are out of service also require third party financial responsibility to cover costs from releases, as required by the Florida Administrative Code. Respondent requested and was given three (3) continuances of this matter. Ultimately, Petitioner set the matter for the December 2012 hearing board to address the matter. Respondent attended the hearing board and advised board members that Delta Petroleum had been contacted and was scheduled to remove the tanks from the ground on Monday January 7, 2013 which would bring Respondent into compliance with the violations found at the December 6, 2012 hearing board. Respondent received a Civil Penalty of $2,500.00 for the violations found and an additional $2,500.00 suspended penalty if the violations were not remedied within 45 days from the date of the Order. Case No. 495-12 4. This case came before the December 2012 hearing board. At all times pertinent to this action, Respondent, Tina Cruce owned real property located at 16 N. Cypress St. Fellsmere, FL 32948. The property is presently in foreclosure however at the time the matter was investigated and brought before the hearing board, the property was not bank owned. On or about April 19, 2012 the Petitioner inspected the premises and found two (2) violations which constitute a sanitary nuisance and a public health threat. Specifically, the above ground onsite sewage treatment and disposal system on the property was found to be in failure and the septic tank lid and plumbing lines were broken causing a public health threat. There was also a broken well on the property that was found to be leaking water continuously, and improperly treated septic tank effluent was found �-- to be exposed thus causing a sanitary nuisance. There was additional concern for the safety of children as this property is adjacent to a school yard, and the fence between this property and the school yard was damaged. 131