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CASE NO. CT25-01325 Affidavit of Violation and Notice of Hearing

Published March 06, 2025

Last revised March 07, 2025

No longer on display. Expired on March 31, 2025, 12:00 PM

OSCEOLA COUNTY, FLORIDA
CODE ENFORCEMENT & NUISANCE ABATEMENT BOARD

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CASE NO. CT25-01325

AFFIDAVIT OF VIOLATION (NOTIFICATION OF VIOLATION)

OSCEOLA COUNTY, FLORIDA VS ALMIGHTA INVESTMENTS LLC, a Wyoming Limited Liability Company

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TO: ALMIGHTA INVESTMENTS LLC, a Wyoming Limited Liability Company
To: ALMIGHTA INVESTMENTS LLC
2827 HAM BROWN RD
KISSIMMEE, FL 34746

ALMIGHTA INVESTMENTS LLC
14087 HELSBY ST
ORLANDO, FL 32832

Pursuant to Chapter 162, Florida Statutes and the Ordinance of Osceola County, Florida, Angel Fernandez, under oath makes claim that ALMIGHTA INVESTMENTS LLC, a Wyoming Limited Liability Company did allow for the following violations to occur:

(1) 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.

(2) 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.

(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.

The violation exists on property located at 2827 Ham Brown Rd., Kissimmee, Osceola County, Florida; District 3. Property described as: See "Exhibit [A]", attached hereto and made a part hereof by this reference.

Date of Affidavit of Violation: March 06, 2025
Date Violator previously notified of violation: February 25, 2025

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

STATE OF FLORIDA
COUNTY OF OSCEOLA

OSCEOLA COUNTY, FLORIDA
CODE ENFORCEMENT & NUISANCE ABATEMENT BOARD
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CASE NO. CT25-01325

NOTICE OF HEARING

OSCEOLA COUNTY, FLORIDA VS ALMIGHTA INVESTMENTS LLC, a Wyoming Limited Liability Company

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TO: ALMIGHTA INVESTMENTS LLC, a Wyoming Limited Liability Company
To: ALMIGHTA INVESTMENTS LLC
2827 HAM BROWN RD
KISSIMMEE, FL 34746

ALMIGHTA INVESTMENTS LLC
14087 HELSBY ST
ORLANDO, FL 32832

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 & Siting Standards, Article 3.1, General Provisions, Section 3.1.2, Restrictions Upon Land Use, Building, and Structures, Sub-Section A-1, Use, (2) 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, and (3) 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,
Angel Fernandez

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:

A portion of Lot 3, Block B, Brown-Wood Acres, according to the plat thereof as recorded in Plat Book 1, Page 386, of the Public Records of Osceola County, Florida, and being more particularly described as follows: at the Southwest corner of said Lot 3, Block B, thence N 00°00’00” W, along the East Right of Way line of Ham Brown Road, 50.00 feet; thence N 89°56’40” E, 218.50 feet to the Point of Beginning; thence North 00°00’00” W, 199.50 feet to the North line of said Lot 3, Block B; thence N 89°56’40” E, 218.50 feet to the Point of Beginning; thence North 00°00’00’ W, 199.50 feet to the North line of said Lot 3, Block B; thence N 89°58’18” E along said North line 626.50 feet to the Northeast corner of aforesaid Lot 3, Block B; thence South 249.20 feet to the Southeast corner of said Lot 3, Block B; thence S 89°56’40’ W, along the South line of said Lot 3, Block B 105.02 feet; thence N 00°00’00” W, 239.25 feet to a point lying 10.00 feet South of said North line of Lot 3, Block B, thence West 400 feet; thence South 124.44 feet; thence S 41° w 53.18 feet; thence West 40.feet; thence S 00°00’00” E, 25.00 feet; thence S 89°56’40” W, 46.48 feet to the Point of Beginning.
:
portion of Lot 3, Block B, Brown-Wood Acres as recoded in Plat Book 1, Page 386 of the Public Records of Osceola County, Florida lying in Section 24, Township 26 South, Range 28 East, Osceola County, Florida
being more particularly described as follows:
at the Southwest corner of Lot 3, Block B, Brown-Wood Acres, as recorded in Plat Book 1, Page 386 of the Public Records of Osceola County, Florida, thence run North 00°00’00” East, along the West line of said Lot 3, Block B, a distance of 50.0 feet to a point on the South line of Parcel B as shown on the survey recorded in Official Records Book 3898, Page 780 of the Public Records of said Osceola County; thence run North 89°56’44” East along said South line, 218.50 feet to the Southeast
corner of said Parcel B; thence run North 00°00’00” East, along the East line of said Parcel B, a distance of 84.73 feet to the Point of Beginning;; thence continue along the East line, North 00°00’00” East, distance of 89.77 feet; thence run South 89°58’18” West, a distance of 12.00 feet; thence run South 00°00’00” West, a distance of 63.75 feet; thence run South 22°39’01” East, a distance of 20.19 feet; thence run South 29°46’24” East, a distance of 8.51 feet to the Point of Beginning.

AND EXCEPT:
At the Southwest corner of Lot 3, Block B, Brown-Wood Acres, as recorded in Plat Book 1, Page 386 of the Public Records of Osceola County, Florida, thence run North 00°00’00” East, along the West line of said Lot 3, Block B, a distance of 50.0 feet to a point on the South line of Parcel B as shown on the survey recorded in Official Records Book 3898, Page 780 of the Public Records of said Osceola County; thence run North 89°56’44” East along said South line, 218.50 feet to the Southeast corner of said Parcel B and the Point of Beginning; thence run North 00°00’00” East along the East along the East line of said Parcel B, a distance of 84.73 feet; thence run South 29°46’44” East, a distance of 24.17 feet; thence run South 00°00’00” East along the East line of said Parcel B, a distance of 84.73 feet; thence run South 29°46’44” East, a distance of 24.17 feet; thence run South 00°00’00” West, a distance of 63.74 feet; thence run South 89°56’44” West, a distance of 12.00 feet to the Point of Beginning.
WITH EASEMENT FOR INGRESS AND EGRESS DECRIBED AS FOLLOWS: Begin at the Southwest corner of Lot 3, Block B of Brown-Wood Acres, according to the plat thereof as recorded in Plat Book 1, Page 386 of the Public Records of Osceola County, Florida; run thence North 50 feet; East 264.98 feet; North 25 feet; East 75 feet; South 75 feet; West 339.98 feet to the Point of Beginning, less the West 22 feet thereof for road right of way.
To include that 2001 Double Wide Mobile Home ID Number FLYFLY70A28357AV21 and FLYFLY70B28357AV21; Title Numbers 81441882 and 81441798

Tax Parcel No.:
24-26-28-2650-0008-0032

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.

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