CRANE POINT ASSOCIATES, INC., APPELLANT,
v.
STATE OF FLORIDA, DEPARTMENT OF HEALTH, MONROE COUNTY HEALTH DEPARTMENT, APPELLEE
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Florida appellate court affirmed an injunction closing a resort until it installed a proper sewage treatment system to abate a sanitary nuisance caused by the use of cesspools for human waste disposal.
A resort's use of cesspools for human waste disposal constitutes prima facie evidence of a sanitary nuisance under Florida law, and an injunction closing the resort until proper sewage treatment is installed is proper.
[1] Use of cesspools for human waste disposal on property constitutes prima facie evidence of a sanitary nuisance under Florida Statutes section 386.041(1)(a), and an injunct…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the use of common cesspools in itself involves permitting the presence of 'untreated ... human waste' on [Crane's] property which, under section 386.041(1)(a), Florida Statutes ..., is 'prima facie evidence' of a sanitary nuisance”
Court's application of Marathon Trailerama precedent to establish that cesspools constitute prima facie evidence of sanitary nuisance
Crane Point Associates operated a resort and marina on a peninsula overlooking the Gulf of Mexico using cesspools for sewage disposal. The resort fail…
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SHEVIN, J.
Crane Point Associates, Inc., appeals an injunction enjoining the operation of the Crane Point Resort and Marina until construction and completion of an onsite sewage disposal system to abate a sanitary nuisance. A complete examination of the record of the-proceeding below reflect no error; therefore, the judgment of the trial court is affirmed in all respects.1
As this court held in Marathon Trailerama, Inc. v. Dep’t of Health & Rehab. Servs., 487 So. 2d 73, 74 (Fla. 3d DCA 1986), “the use of common cesspools in itself involves permitting the presence of ‘untreated ... human waste’ on [Crane’s] property which, under section 386.041(1)(a), Florida Statutes ..., is ‘pri-ma facie evidence’ of a sanitary nuisance .... ” (Footnote omitted). It is beyond peradventure that a resort located on a peninsula overlooking the Gulf of Mexico may not use cesspools for disposing of human waste; the untreated waste from the cesspools may place the community in danger of serious illness. Crane failed to remedy the health hazard in the 18 months since the issuance of the original violation citations. Thus, the court properly entered the injunction to abate the nuisance by closing the resort until Crane installs a proper sewage treatment system. See §§ 386.041(2); 381.0012, Fla. Stat. (2001). As the learned trial court stated, Crane may seek to re-open the resort upon completion of the sewage disposal system.
Affirmed.
. We also affirm the order denying the motion to intervene, motion for reconsideration, and motion to enforce plaintiff's compliance with the consent order. This appeal was consolidated with the appeal from the injunction.
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Citator
Authorities Cited
- Marathon Trailerama, Inc. v. Dep't of Health & Rehabilitative Servs., 487 So. 2d 73 (Fla. 3d DCA 1986)