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March 31, 2025, 12:00 PM
OSCEOLA COUNTY, FLORIDA
CODE ENFORCEMENT & NUISANCE ABATEMENT BOARD
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CASE NO. CT22-03769
AFFIDAVIT OF VIOLATION (NOTIFICATION OF VIOLATION)
OSCEOLA COUNTY, FLORIDA VS B & K FLORIDA INVESTMENTS 4, LLC, a Florida limited liability company
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TO: B & K FLORIDA INVESTMENTS 4, LLC, a Florida limited liability company
B & K FLORIDA INVESTMENTS 4 LLC
5001 W IRLO BRONSON MEMORIAL HWY
KISSIMMEE, FL 34746
B & K FLORIDA INVESTMENTS 4 LLC
C/O NICHARD KHAN P.L.
1303 N. ORANGE AVE
ORLANDO, FL 32804
Pursuant to Chapter 162, Florida Statutes and the Ordinance of Osceola County, Florida, Chris Dawson, under oath makes claim that B & K FLORIDA INVESTMENTS 4, LLC, a Florida limited liability company did allow for the following violations to occur:
(1) Osceola County Land Development Code, Chapter 3 - Performance and Siting Standards, Article 3.17 - Outdoor Sign Standards, Section 3.17.12 – Amortization. Which States: Existing signs within the W192 Development Authority corridor which are made non-conforming by Ordinance 2016-21 shall cease to have protection after September 1, 2022.
(2) Osceola County Land Development Code, Chapter 4, Site Design and Development Standards, Article 4.9, Utilities & Service Requirements, Section 4.9.7, Solid Waste Collection, Paragraph B, which states, All dumpsters and recycling bins shall be fully enclosed and have opaque doors. The doors shall be latchable and shall remain closed at all times other than during garbage disposal or collection.
(3) Osceola County Land Development Code Chapter 3 Performance and Siting Standards, Article 3.17 Outdoor Signs Standards, 3.17.9 – Special Area Requirements, Paragraph C. West U.S. 192 Development Authority Corridor, Subsection 5 – Window Signs. Which States: a. Window signs may not exceed more than twenty-five (25) percent of the window area on which the sign is attached or affixed, b. Interior, merchandise displays without signage must not block more than fifty (50) percent of the window area on which the sign is attached or affixed, c. No permit shall be required for window signs.
The violation exists on property located at 5001 W Irlo Bronson Memorial Hwy, 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: March 04, 2025
Date Violator previously notified of violation: December 31, 2024
I do hereby swear that the above facts are true to the best of my knowledge.
Affiant, Chris Dawson
STATE OF FLORIDA
COUNTY OF OSCEOLA
OSCEOLA COUNTY, FLORIDA
CODE ENFORCEMENT & NUISANCE ABATEMENT BOARD
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CASE NO. CT22-03769
NOTICE OF HEARING
OSCEOLA COUNTY, FLORIDA VS B & K FLORIDA INVESTMENTS 4, LLC, a Florida limited liability company
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TO: B & K FLORIDA INVESTMENTS 4, LLC, a Florida limited liability company
B & K FLORIDA INVESTMENTS 4 LLC
5001 W IRLO BRONSON MEMORIAL HWY
KISSIMMEE, FL 34746
B & K FLORIDA INVESTMENTS 4 LLC
C/O NICHARD KHAN P.L.
1303 N. ORANGE AVE
ORLANDO, FL 32804
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 3 - Performance and Siting Standards, Article 3.17 - Outdoor Sign Standards, Section 3.17.12 – Amortization, (2) Osceola County Land Development Code, Chapter 4, Site Design and Development Standards, Article 4.9, Utilities & Service Requirements, Section 4.9.7, Solid Waste Collection, Paragraph B, and (3) Osceola County Land Development Code Chapter 3 Performance and Siting Standards, Article 3.17 Outdoor Signs Standards, 3.17.9 – Special Area Requirements, Paragraph C. West U.S. 192 Development Authority Corridor, Subsection 5 – Window Signs
HEARING DATE: 19 day of March 2025
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,
Chris Dawson
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
"EXHIBIT A"
Property described as:
Begin at the Southwest corner of the Southeast 1/4 of Section 2, Township 25 South, Range 28 East, Osceola County, Florida, run N00°37’27” West, 68.0 feet to the Point of Beginning; thence come along same bearing 375 feet; thence run N89°43’13” East 220 feet; thence run S00°37’27” East, 375 feet to the North right of way line of U.S. 192; thence run S89°43’13” West 220 feet along U.S. 192 right of way to the Point of Beginning; less the Southerly 50.00 feet thereof conveyed to Osceola County, by Warranty Deed recorded in O.R. Book 890, Page 2857, Public Records of Osceola County, Florida.
Tax Parcel No.:
02-25-28-0000-0130-0000
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.