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March 31, 2025, 12:00 PM
OSCEOLA COUNTY, FLORIDA
CODE ENFORCEMENT & NUISANCE ABATEMENT BOARD
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CASE NO. CT24-08577
AFFIDAVIT OF VIOLATION (NOTIFICATION OF VIOLATION)
OSCEOLA COUNTY, FLORIDA VS CARLOS MARIO MONSALVE
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TO: CARLOS MARIO MONSALVE
To: MONSALVE CARLOS MARIO
934 FLORIDA PKWY
KISSIMMEE, FL 34741
Pursuant to Chapter 162, Florida Statutes and the Ordinance of Osceola County, Florida, Vilmarie Montijo, under oath makes claim that CARLOS MARIO MONSALVE did allow for the following violations to occur:
(1) Osceola County Land Development Code - Chapter 3, Reference Buenaventura Lakes Planned Development Ordinance #93-21, Section 2. Which states: Within the residentially designated (zoned) units, phases, tracts, or areas of the Buenaventura Lakes Subdivision Planned Unit Development as now or hereafter exists, no person shall park or suffer, cause, or permit the parking of a dual rear wheel vehicle upon residentially designated (zoned) property or on the unpaved portion of the street right-of-way adjacent to residentially designated (zoned) property unless such vehicle is parked within the confines of a garage or other structure (as may be permitted by applicable codes, ordinances, and regulations) in such a fashion as to be fully shielded from public view except temporarily while actually engaged in loading and unloading passengers or property.
(2) Osceola County Code, Chapter 4 – Site Designs and Developments Standards, Article 4.12– Right of Way Utilization, Section 4.12.2- Right of Way Utilization- Removal and/or relocation of facilities (including but not limited to landscaping, signage and paving).Which states: Any facility heretofore or hereafter placed upon, under, over, or along any public road right-of-way that, at the discretion of the County, shall, upon sixty (60) days' written notice to the owner of the facility or its agent, or upon legal notice published in not less than two (2) weekly issues of a newspaper of general circulation in the County, be removed or relocated, and the right-of-way shall be restored to its original condition by, and at the sole expense of, such facility owner (or its agent). The failure of a utility owner or its agent to remove or relocate such facility after the required notice shall absolve the County from any liability for damages that may arise as a result of County's removal of any such utilities. All expenses incurred by the County during this relocation of the subject facilities shall be the sole responsibility of the facility owner.
(3) 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.
(4) Osceola County Code, Chapter 23, Property Maintenance, Article II, Abandoned, Inoperable and/or Discarded Motor Vehicles, Section 23-28, Abandoned, Inoperable and/or Discarded Vehicles Prohibited on Private Property, Declared Nuisance, as referenced by Osceola County Ordinance #99-47, which states, No abandoned, inoperable and/or discarded vehicle, or any part thereof, shall be parked, stored or left upon any private property located within the unincorporated limits of Osceola County for a period in excess of (7) seven days. The presence of such vehicles or parts thereof is hereby declared to be a public nuisance which may be abated in accordance with the provisions of this article.
(5) 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.
The violation exists on property located at 934 Florida Pkwy, Kissimmee, Osceola County, Florida; District 2. Property described as: See "Exhibit [A]", attached hereto and made a part hereof by this reference.
Date of Affidavit of Violation: March 07, 2025
Date Violator previously notified of violation: January 06, 2025
I do hereby swear that the above facts are true to the best of my knowledge.
Affiant, Vilmarie Montijo
STATE OF FLORIDA
COUNTY OF OSCEOLA
OSCEOLA COUNTY, FLORIDA
CODE ENFORCEMENT & NUISANCE ABATEMENT BOARD
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CASE NO. CT24-08577
NOTICE OF HEARING
OSCEOLA COUNTY, FLORIDA VS CARLOS MARIO MONSALVE
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TO: CARLOS MARIO MONSALVE
To: MONSALVE CARLOS MARIO
934 FLORIDA PKWY
KISSIMMEE, FL 34741
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, Reference Buenaventura Lakes Planned Development Ordinance #93-21, Section 2, (2) Osceola County Code, Chapter 4 – Site Designs and Developments Standards, Article 4.12– Right of Way Utilization, Section 4.12.2- Right of Way Utilization- Removal and/or relocation of facilities (including but not limited to landscaping, signage and paving), (3) 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, (4) Osceola County Code, Chapter 23, Property Maintenance, Article II, Abandoned, Inoperable and/or Discarded Motor Vehicles, Section 23-28, Abandoned, Inoperable and/or Discarded Vehicles Prohibited on Private Property, Declared Nuisance, as referenced by Osceola County Ordinance #99-47, and (5) Osceola County Code, Chapter 23, Property Maintenance, Article I, Junk, Trash, and Garbage, Section 23-3, Accumulations of Junk, Trash or Garbage
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,
Vilmarie Montijo
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:
LOT 9, BLOCK 159, BUENAVENTURA LAKES UNIT 6, 5TH ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 4, PAGE(S) 25, OF THE PUBLIC RECORDS OF OSCEOLA COUNTY, FLORIDA.
Tax Parcel No.:
07-25-30-2694-0159-0090
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.