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Hernando Today

Health Departments Want Restaurant Closed

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By KYLE MARTIN

Hernando Today

Published: September 5, 2008

BROOKSVILLE - Both state and county health departments are asking a judge to shut down a Weeki Wachee restaurant for sanitary reasons.

The petition for an injunction to close Magdalena's Family Restaurant alleges that the business owners have refused to apply for a septic tank permit.

Having an unregulated system on site "greatly increases the risk of disease transmission and contamination," the petition states.
Restaurant owner John Magda sees this as an attack on small businesses.

"With the economy so low we are struggling with money," he said.

Magda added that it is safe to eat at his restaurant on Cortez Boulevard, west of Weeki Wachee Springs.

A spokeswoman for the Hernando County Health Department wouldn't comment on "pending litigation." A call left for the Florida Department of Health was not returned.

Specifically, the petition says that the business owners have not applied for an onsite sewage and disposal system operation. The county health department Web site says these are "commonly referred to as septic tanks."

The petition alleges that a permit application was mailed to the business in December but it was not filled out. When a health department inspector went to talk with the Magdas in January, they "refused" to discuss the matter, according to the petition.

The health department followed up with a notice of non-compliance and a house call by the county's environmental health manager.

When a reporter read the allegations over the phone to Magda, it all sounded familiar to him. That manager brought about a hundred pages explaining the law, but "I don't have time to read all of that," he said.

Magda maintains that the septic tank for his restaurant is adequate and has no plans to pay the fee.

"Nobody else does," he said.

Reporter Kyle Martin can be reached at 352-544-5271 or kmartin@hernandotoday.com.

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