CASE NO. CT26-06318 AFFIDAVIT OF VIOLATION AND NOTICE OF HEARING

TO: ERICK ALEXANDER HERNANDEZ, a single person
To: HERNANDEZ ERICK ALEXANDER
1406 S HOAGLAND BLVD
KISSIMMEE, FL 34746

HERNANDEZ ERICK ALEXANDER
3345 MARSH RD
KISSIMMEE, FL 34746

Pursuant to Chapter 162, Florida Statutes and the Ordinance of Osceola County, Florida, Eric Sadler, under oath makes claim that ERICK ALEXANDER HERNANDEZ, a single person did allow for the following violations to occur:

(1) Osceola County Land Development Code, Chapter 2, Development Processes and Procedures, Article 2.1, Applicability and General Application Procedures, Section 2.1.1, Applicability, Paragraph J, which states, A Land Alteration permit is required for any activity which physically changes or alters the land, including but not limited to the following: excavation, construction of new structures, expansion of existing structures, alteration of existing grades, installation of utilities, roads, stormwater management systems, and septic tanks, bulkheading, land clearing, grubbing, tree cutting, and disposal of solid or liquid waste.

(2) Osceola County Land Development Code, Chapter 3, Performance & Siting Standards, Article 3.6, Residential Use Siting Standards, Section 3.6.1, Residential Uses, Sub-Section A, Paragraph 2, Temporary Residence, which states: Deviations from the siting standards for a temporary residence, including the use of a recreational vehicle as such, must be approved as a variance by the Board of Adjustment. Manufactured homes and mobile homes are approved as a temporary residence and shall comply with the following standards.
a. Shall be located a minimum of fifteen (15) feet from the principal dwelling.
b. Manufactured homes shall be skirted.
c. The setback requirements of the zoning district shall be met.
d. A building permit must be issued for the setup of the temporary residence.
e. For a temporary residence while constructing a Principal Single Family Residence or while repairing a Principal Single Family Residence damaged by fire, flood, hurricane or other catastrophes to the extent the Principal Single Family Residence is no longer able to be occupied, the following standards shall apply:
i. Requires the issuance of a building permit for the principal single family dwelling. The required site plan shall show the location, size and description of the temporary residence.
ii. Shall be approved for one (1) year or until the remodeling is complete, whichever is the shorter period, with a maximum extension of one (1) additional year. The temporary residence shall be removed from the property within thirty (30) days upon issuance of the Certificate of Occupancy for the principal single family dwelling, regardless of the approval time period.
f. Temporary residence as a security residence within agricultural, commercial, institutional or industrial zoning district.
i. The applicant shall provide evidence that a security residence, as opposed to use of periodic security patrols, is necessary to protect the property.
ii. A security residence shall not be transferred to another owner or lease of the property unless the identical conditions exist and all site conditions remain the same.
iii. Shall be approved for one (1) year and may be renewed upon application.
g. Temporary residence for a medical hardship
i. The applicant shall provide proof, in the form of a letter from an attending physician that a medical hardship exists which requires that the infirm resident have continuous supervision.
ii. Shall be approved for one (1) year and may be renewed upon re-application without limitation. If for any reason the infirm resident ceases to reside in the principal dwelling or the temporary residence, the applicant shall notify the Planning and Zoning Office and remove the temporary residence from the property within thirty (30) days upon notification.

(3) Osceola County Code, Chapter 23, Property Maintenance, Article I, Junk, Trash, and Garbage, Section 23-3, Accumulations of Junk, Trash or Garbage, which states, No owner, agent, custodian, lessee or occupant of any lot, tract, or parcel of land, improved or unimproved, shall keep, store, accumulate or allow to be kept, stored or accumulated on said property any junk, trash or garbage, other than at disposal sites which are legally licensed and zoned and which fully comply with all federal and state law and regulations. The presence of junk, trash or garbage is hereby declared to be public nuisance which may be abated in accordance with the provisions of this article.

(4) Osceola County Code, Chapter 23, Property Maintenance, Article III, Prohibiting the Parking of Large Vehicles Exceeding Weight Guidelines, Section 23-55, Parking of Large Vehicles in Certain Residential Areas, as referenced by Osceola County Ordinance #99-48, which states, within the areas affected by this article, no person shall park or suffer, cause, or permit the parking of a large vehicle upon the residential lot unless such vehicle is parked within the confines of a garage or other enclosed structure (as may be permitted by applicable codes, ordinances or regulations) in such a fashion as to be fully shielded from public view. Large vehicle is defined as any vehicle with a gross vehicular weight (GVW) exceeding 15,000 pounds.

(5) Osceola County Land Development Code, Chapter 3, Performance & Siting Standards, Article 3.1, General Provisions, Section 3.1.2, Restrictions Upon Land Use, Building, and Structures, Sub-Section A-1, Use, which states, No building or structure shall be erected and no existing building shall be moved, altered, or enlarged, nor shall any land, building, structure or premise be used or designed to be used for any purpose or in any manner other than as permitted in the district in which such land, building, structure or premises is or are located. All necessary land use, zoning and/or building permits shall be obtained, except when exempt according to Florida Statues.

(6) Osceola County Land Development Code, Chapter 4 – Site Design and Development Standards, Article 4.3 – Flood Damage Prevention, Section 4.3.4 - Permits. Which states:

A. Permits Required.
Any owner or owner's authorized agent (hereinafter "applicant") who intends to undertake any development activity within the scope of this Article, including buildings, structures and facilities exempt from the Florida Building Code, which is wholly within or partially within any flood hazard area shall first make application to the Floodplain Administrator, and the Building Official if applicable, and shall obtain the required permit(s) approval(s). No such permit or approval shall be issued until compliance with the requirements of this Article and all other applicable codes and regulations has been satisfied.

B. Floodplain Development Permits Or Approvals. Floodplain development permits or approvals shall be issued pursuant to this Article for any development activities whether or not subject to the requirements of the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. Depending on the nature and extent of proposed development that includes a building or structure, the Floodplain Administrator may determine that a floodplain development permit or approval is required in addition to a building permit.

C. De Minimis Agricultural Practices. Typical practices within lands located in special flood hazard areas and considered as bona-fide agriculture lands shall be considered de minimis, having no adverse impact on the special flood hazard area, under this Article and do not require floodplain development permits or approvals. Examples of those de minimis activities include but are not limited to:
1. Fencing outside the floodway boundaries.
2. General agricultural practices for production, such as disking, laser level, moving soil from one place to another to establish proper grading (outside flood way boundaries).
3. Equipment stored in open fields or under trees.
4. Storage of plants and field harvest crops in open fields.
5. Redefining and maintaining canals and ditches for adequate flow, provided such canals and ditches are not shown with floodways, as approved by the Water Management District.
6. Re-grading and maintenance of existing dirt and gravel roads.
7. Pole barn structures used strictly for shade and storage of agriculture-related materials, products, and equipment and that are located outside the boundaries of the floodway.
8. Access roadways and driveways, provided no encroachment in a floodway occurs.
9. Other activities as may be determined by the Floodplain Administrator as de minimis.


D. Buildings, Structures And Facilities Exempt From The Florida Building Code. Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Sections 59 and 60), floodplain development permits or approvals shall be required for the following buildings, structures and facilities that are exempt from the Florida Building Code and any further exemptions provided by law:
1. Railroads and ancillary facilities associated with the railroad.
2. Nonresidential farm buildings on farms, as provided in F.S. § 604.50.
3. Temporary buildings or sheds used exclusively for construction purposes.
4. Mobile or modular structures used as temporary offices.
5. Those structures or facilities of electric utilities, as defined in F.S. § 366.02, which are directly involved in the generation, transmission, or distribution of electricity.
6. Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term "chickee" means an open-sided wooden hut that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other non-wood features.
7. Family mausoleums not exceeding two hundred fifty (250) square feet in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete.
8. Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system.
9. Structures identified in F.S. § 553.73(10)(k), are not exempt from the Florida Building Code if such structures are located in flood hazard areas established on FIRMs.

E. Application For A Permit Or Approval.
To obtain a floodplain development permit or approval the applicant shall first file an application in writing on a form furnished by the County. The information provided shall:
1. Identify and describe the development to be covered by the permit or approval.
2. Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitively locate the site.
3. Indicate the use and occupancy for which the proposed development is intended.
4. Be accompanied by a site plan or construction documents as specified in this Article.
5. State the valuation of the proposed work.
6. Be signed by the applicant or the applicant's authorized agent.
7. Other data and information as required by the Floodplain Administrator.

F. Validity Of Permit Or Approval.
The issuance of a floodplain development permit or approval pursuant to this Article shall not be construed to be a permit for, or approval of, any violation of this Article, the Florida Building Codes, or any other ordinance, rule or regulation of Osceola County. The issuance of permits based on submitted applications, construction documents, and information shall not prevent the Floodplain Administrator from requiring the correction of errors and omissions.

G. Expiration.
A floodplain development permit or approval shall become invalid unless the work authorized by such permit is commenced within one hundred eighty (180) days after its issuance, or if the work authorized is suspended or abandoned for a period of one hundred eighty (180) days after the work commences Extensions for periods of not more than one hundred eighty (180) days each shall be requested in writing and justifiable cause shall be demonstrated.

H. Suspension Or Revocation.
The Floodplain Administrator is authorized to suspend or revoke a floodplain development permit or approval if the permit was issued in error, on the basis of incorrect, inaccurate or incomplete information, or in violation of this Article or any other chapter, regulation or requirement of this community.

I. Other Permits Required.
Floodplain development permits and building permits shall include a condition that all other applicable state or federal permits be obtained before commencement of the permitted development, including but not limited to the following:
1. The South Florida Water Management District (SFWMD) and the St. Johns River Water Management District (SJRWMD); F.S. § 373.036.
2. Florida Department of Health for onsite sewage treatment and disposal systems; F.S. § 381.0065, and F.A.C. ch. 64E-6.
3. Florida Department of Environmental Protection for activities subject to the Joint Coastal Permit; F.S. § 161.055.
4. Florida Department of Environmental Protection for activities that affect wetlands and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section 404 of the Clean Water Act.
5. Federal permits and approvals.

The violation exists on property located at 1406 Hoagland Blvd, Kissimmee, Osceola County, Florida; District 1. Property described as: See "Exhibit [A]", attached hereto and made a part hereof by this reference.

Date of Affidavit of Violation: July 03, 2026
Date Violator previously notified of violation: June 24, 2026

I do hereby swear that the above facts are true to the best of my knowledge.
Affiant, Eric Sadler

STATE OF FLORIDA
COUNTY OF OSCEOLA

TO: ERICK ALEXANDER HERNANDEZ, a single person
To: HERNANDEZ ERICK ALEXANDER
1406 S HOAGLAND BLVD
KISSIMMEE, FL 34746

HERNANDEZ ERICK ALEXANDER
3345 MARSH RD
KISSIMMEE, FL 34746

Dear Property Owner/Tenant

The Code Enforcement & Nuisance Abatement Board was created pursuant to Florida Statutes, Chapter 162 and Osceola County Ordinance No. 86-1 , as amended by Ordinance No. 99-15. The purpose of this Board is to facilitate the enforcement of certain codes and ordinances of the County of Osceola by creating a board of seven (7) citizens who may quickly and fairly render decisions concerning violations of these codes.

(1) Osceola County Land Development Code, Chapter 2, Development Processes and Procedures, Article 2.1, Applicability and General Application Procedures, Section 2.1.1, Applicability, Paragraph J, (2) Osceola County Land Development Code, Chapter 3, Performance & Siting Standards, Article 3.6, Residential Use Siting Standards, Section 3.6.1, Residential Uses, Sub-Section A, Paragraph 2, Temporary Residence, (3) Osceola County Code, Chapter 23, Property Maintenance, Article I, Junk, Trash, and Garbage, Section 23-3, Accumulations of Junk, Trash or Garbage, (4) Osceola County Code, Chapter 23, Property Maintenance, Article III, Prohibiting the Parking of Large Vehicles Exceeding Weight Guidelines, Section 23-55, Parking of Large Vehicles in Certain Residential Areas, as referenced by Osceola County Ordinance #99-48, (5) Osceola County Land Development Code, Chapter 3, Performance & Siting Standards, Article 3.1, General Provisions, Section 3.1.2, Restrictions Upon Land Use, Building, and Structures, Sub-Section A-1, Use, and (6) Osceola County Land Development Code, Chapter 4 – Site Design and Development Standards, Article 4.3 – Flood Damage Prevention, Section 4.3.4 – Permits

HEARING DATE: 15 day of July 2026

HEARING TIME: 3:00 PM

HEARING LOCATION: County Administration Building
Commission Chambers (4th Floor)
1 Courthouse Square, Kissimmee, FL

If you choose to admit to the violation, the Code Enforcement & Nuisance Abatement Board has authorized the enforcement staff to enter into consent orders regarding these violations. This would give you an opportunity to negotiate the time for compliance and the amount of fine for the violation, subject to approval by the Code Enforcement & Nuisance Abatement Board. If you wish to enter into a consent order, please call (407) 742-0400 to schedule an appointment with the Code Enforcement Officer who issued the violation. You have until 3:00 p.m. the Friday before the hearing to do this.

If you do not enter into a consent order, come prepared to have your case heard by the Code Enforcement & Nuisance Abatement Board on the above-mentioned date. Should you be found to be in violation, also be prepared to present evidence concerning the amount of time necessary to correct the violation. In the event the Code Enforcement & Nuisance Abatement Board finds you in violation, they have the power by law to levy fines of up to $250.00 per day for a first violation, and up to $500.00 per day for a repeat violation, against you and your property for every day that any violation continues beyond the compliance date set in an order issued by the Board.

Should you desire, you have the right to obtain an attorney, at your own expense, to represent you before the Board. You will also have the opportunity to present witnesses as well as question the witnesses against you prior to the Board making a determination. If the violation is corrected and then recurs, the case shall be presented to the Code Enforcement & Nuisance Abatement Board even if the violation has been corrected prior to the hearing.

If you choose to have someone represent you other than an attorney, you must provide a letter of authorization which contains the name of the individual who will be representing your interest. Additionally, in order for the Code Enforcement & Nuisance Abatement Board to consider the testimony of the individual, the letter must be signed by you and notarized.

Respectfully,
Eric Sadler
Code Enforcement Officer

It shall be the responsibility of the Respondent to provide an interpreter if translation is required.

If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Osceola County Zoning Department at 1 Courthouse Square, Suite 1100, Kissimmee, Florida, 34741 at (407) 742-0400, at least seven (7) days before your scheduled appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days.

Any person wishing to appeal any decision made by the Board with respect to any matter considered at such meeting or hearing will need a record of the proceeding, and for such purposes, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.

Americans with Disabilities Act (ADA) & Title VI Assistance

The Osceola Board of County Commissioners ensures meaningful access to County programs, services, and activities to comply with Civil Rights Title VI and Title II of the Americans with Disabilities Act. Individuals with disabilities requiring accommodations (i.e., sign language interpreter or materials in accessible format) or individuals with Limited English Proficiency requiring language interpreters to participate in County sponsored meetings, please contact the County's ADA/Title VI Coordinator, at (407) 742-1200 (TTY Users Dial:711 for the Florida Relay System) or ADA.Coordinator@osceola.org, at least four (4) days prior to the meeting or event.

Ley de Estadounidenses con Discapacidades (ADA) y Asistencia del Título V

La Junta de Comisionados del Condado Osceola garantiza un acceso significativo a los programas, servicios y actividades del Condado para cumplir con los Derechos Civiles Titulo VI y Título II de la Ley de Estadounidenses con Discapacidades. Las personas con discapacidades que requieran adaptaciones ( es decir, intérprete de lenguaje de señas o materiales en formato accesible) o las personas con dominio limitado del inglés que requieran intérpretes de idiomas para participar en reuniones patrocinadas por el condado, comuníquese con el coordinador de ADA/Título VI del condado al (407) 742-1200 (Usuarios de TTY marcar: 711 para el Sistema de retransmisión de Florida) o ADA.Coordinator@osceola.org , al menos cuatro (4) días antes de la reunión o evento.

Any person wishing to appeal any decision made by the Board with respect to any matter considered at such meeting or hearing will need a record of the proceeding, and for such purposes, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.

EXHIBITS

The Land is described as follows:

From a point 2145.0 feet North of the Southwest comer of Section 32, T 25 S, R 29 E, Osceola County, Florida, run East 1169.2 feet to the Point of Beginning of the lands herein described; from said Point; run thence East 3 19. I feet to the West line of the Right of Way of Pleasant Hill Road; run thence North 3 0 East and parallel to the Center Line of said Road, 282.0 feet to the South Bank of Shingle Creek; run thence in a Westerly direction, along the South bank of said Creek to a point due North of the Point of Beginning; run thence South 264.0 feet to the Point of Beginning.
LESS:
From a point 2145.0 feet North of the Southwest comer of Section 32, T 25 S, R 29 E, Osceola County, Florida; East
1169.2 feet to the Point of Beginning of the lands herein described; from said Point run thence East 1 19. I feet; tun thence North 3 0 East and parallel to the Center Line of Pleasant Hill Road to the South Bank of Shingle Creek, run thence in a Westerly direction, along said Southern bank of said Creek to a point due North of the Point of Beginning; run thence South 264.0 feet to the Point of Beginning.

LESS:
Begin at the Southeast comer of Lot 11, Block F, ORANGE BLOSSOM ADDITION, as filed and recorded in Plat Book l, Page 296, of the Public Records of Osceola County, Florida, said point also being the intersection of the Westerly Right of Way line of Pleasant Hill Road and the Northerly Right of Way line of Marsh Road; run thence North 890 59' 12" West, along said Northerly Right of Way line and the South line of said Lot I l, a distance of 32.58 feet to a point on a curve concave Easterly, having a Radius of 1679.02 feet, a Central Angle of 040 10' 48" Chord bearing North 01 0 06' 40" East, Chord = 122A6 feet; run thence Northeasterly, along the arc of said curve, 122.49 feet to the Point of Tangency; run thence North 03012' 04" East, 155.98 feet to a point on the South Bank of Shingle Creek; run thence North 82 0 20' 56" East, along the South Bank of Shingle Creek, 77.67 feet to the Northeast comer of said Lot I I and a point on the said Westerly Right of Way line of Pleasant Hill Road; run thence South 03 0 12' 04" West, along the East line of said Lot I I and the said Westerly Right of Way

THE ABOVE DESCRIBED PARCEL BEING MORE PARTICULARLY DESCRIBED AS:
From the Southeast comer ofLot 11, Block F, ORANGE BLOSSOM ADDITION, as filed and recorded in Plat Book 1, Page 296, of the Public Records of Osceola County, Florida, said point also being the intersection of the Old Right of Way line for Pleasant Hill Road (being 50.0 feet West of centerline) and the Northerly Right of Way line of Marsh Road, run North 890 59' 12" West, along the Northerly Right of Way line of said Marsh Road and South line of Lot I l, 32.58 feet to the Point of Beginning of the following described parcel; continue thence North 890 59' 12" West, along said North Right of Way line of said Marsh Road 166.95 feet to a 4" x4" concrete monument being South 890 59' 12" East 1 19.10 feet from the Southwest corner of aforesaid Lot 1 1, Block F; run thence North 03 0 07' 37" East, 243.22 feet to a I " iron rod being on the South Bank of Shingle Creek; run thence Easterly along the South Bank of said Shingle Creek to the West Right of Way line of Osceola County Right of Way taking, as filed and recorded in Official Record Book 987, Page 1866, of the Public Records of Osceola County, Florida; run thence South 03 0 12' 04" West, along said line, 155.98 feet to the Point of Curve of a 1679.02 foot curve, having a delta of 040 10' 48", Chord bearing South 01 0 06' 40" West, Chord = 122.46 feet to the Point of Beginning.


Tax Parcel No.:

05-26-29-4510-000F-0115

You may request a copy of the signed & notarized version of this notice from the Code Enforcement Office at 1 Courthouse Square, Kissimmee, FL 34741.