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CASE NO. CT25-01790 Affidavit of Violation and Notice of Hearing

Published June 05, 2025

Last revised June 04, 2025

No longer on display. Expired on June 30, 2025, 12:00 AM

OSCEOLA COUNTY, FLORIDA
CODE ENFORCEMENT & NUISANCE ABATEMENT BOARD

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CASE NO. CT25-01790

AFFIDAVIT OF VIOLATION (NOTIFICATION OF VIOLATION)

OSCEOLA COUNTY, FLORIDA VS JACKELINE INES VICENT ZAPATA, an Married Woman, and ALFREDO ALEJANDRO GUERRA VICENT, an Unmarried Man

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TO: JACKELINE INES VICENT ZAPATA, an Married Woman, and ALFREDO ALEJANDRO GUERRA VICENT, an Unmarried Man
To: VICENT ZAPATA JACKELINE INES
GUERRA VICENT ALFREDO ALEJANDRO
372 ROYAL PALM DR
KISSIMMEE, FL 34743

Pursuant to Chapter 162, Florida Statutes and the Ordinance of Osceola County, Florida, Vilmarie Montijo, under oath makes claim that JACKELINE INES VICENT ZAPATA, an Married Woman, and ALFREDO ALEJANDRO GUERRA VICENT, an Unmarried Man 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 Land Development Code, Chapter 3, Performance & Siting Standards, Article 3.6, Residential Use Siting Standards, Section 3.6.1, Residential Uses, Sub-Section L, Vehicle Repair in Residential Districts, which states, (1) only minor repairs and maintenance in residential districts may be accomplished on privately registered vehicles owned by the resident of the lot and having current State of Florida license plates, or motor vehicles designated by the State of Florida as qualifying for an antique or horseless carriage designation, may be performed which, for purposes of this section, are limited to the changing and replenishment of fluid levels, such as hydraulic fluid, windshield washer fluid, and lubricating oil, the replacement of spark plugs, ignition points, the rotation of tires and the checking of adequate pressure; and the replacement of drive belts and hydraulic lines, provided all repairs are completed within seven(7) days of the commencement, (2) any other repairs on the motor vehicle or automobile shall be restricted to a totally enclosed building and only accomplished on privately registered vehicles owned by the resident of the lot and having current State of Florida license plates, or motor vehicles designated by the State of Florida as qualifying for an antique or horseless carriage designation, (3) the automobile or motor vehicles referred to in this Section shall be licensed and registered to the resident of the address at which the limited repairs and maintenance or other repairs are to be performed. Repairs and maintenance shall not be performed on more than two (2) vehicles at a time.

(3) Osceola County Code of Ordinances, Chapter 9, Environmental Control and Preservation, Article VIII, Non-storm water Discharges, Section 9-193, Prohibition of Illicit Discharge, Paragraph A. Reference Ordinance 08-28. Which States: No person shall directly or indirectly cause an illicit discharge to enter the storm water system. Categories of illicit discharges include, but are not limited to, the following:
(1)Petroleum products including, but not limited to, oil, gasoline, and grease;
(2)Solid waste or sanitary sewage;
(3) Chemicals including, but not limited to, fertilizers and pesticides;
(4) Paints, solvents, or degreasers;
(5) Concrete slurry;
(6) Laundry wastes or soaps;
(7) Antifreeze and other automotive products;
(8) Soil;
(9) Leaves, branches, and other yard/landscaping waste;
(10) Construction materials;
(11) Toxic or poisonous solids or liquids; and
(12) Solids or suspended solids in such quantities or of such size capable of causing interference or obstruction to the flow in the storm water system.

(4) Osceola County Code, Chapter 13 - Licenses, Taxation and Miscellaneous Business Regulations, Article II - Local Business Tax Receipt, Section 13-26 - Local Business Tax Receipts Required, Reference Ordinance # 95-10. Which states: No person shall engage or manage any business, profession or occupation within Osceola County, for which a local business tax receipt is required by this article, unless an appropriate local business tax receipt shall have been procured from the tax collector, as provided by this article, or unless such business, profession or occupation is exempt pursuant to this article or law. The receipt shall be issued to each person upon receipt by the tax collector of the appropriate local business tax, and satisfaction of any other applicable conditions prescribed pursuant to federal and state law and this article, and any other applicable ordinances or resolutions.

(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.

(6) 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.

The violation exists on property located at 372 Royal Palm Dr, Kissimmee, Osceola County, Florida; District 2. Property described as: See "Exhibit []", attached hereto and made a part hereof by this reference.

Date of Affidavit of Violation: June 05, 2025
Date Violator previously notified of violation: March 12, 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. CT25-01790

NOTICE OF HEARING

OSCEOLA COUNTY, FLORIDA VS JACKELINE INES VICENT ZAPATA, an Married Woman, and ALFREDO ALEJANDRO GUERRA VICENT, an Unmarried Man

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TO: JACKELINE INES VICENT ZAPATA, an Married Woman, and ALFREDO ALEJANDRO GUERRA VICENT, an Unmarried Man
To: VICENT ZAPATA JACKELINE INES
GUERRA VICENT ALFREDO ALEJANDRO
372 ROYAL PALM DR
KISSIMMEE, FL 34743

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 Land Development Code, Chapter 3, Performance & Siting Standards, Article 3.6, Residential Use Siting Standards, Section 3.6.1, Residential Uses, Sub-Section L, Vehicle Repair in Residential Districts, Paragraph(s) 1-3, as referenced by Osceola County Ordinance #12-28, (3) Osceola County Code of Ordinances, Chapter 9, Environmental Control and Preservation, Article VIII, Non-storm water Discharges, Section 9-193, Prohibition of Illicit Discharge, Paragraph A. Reference Ordinance 08-28, (4) Osceola County Code, Chapter 13 - Licenses, Taxation and Miscellaneous Business Regulations, Article II - Local Business Tax Receipt, Section 13-26 - Local Business Tax Receipts Required, Reference Ordinance # 95-10, (5) Osceola County Code, Chapter 23, Property Maintenance, Article I, Junk, Trash, and Garbage, Section 23-3, Accumulations of Junk, Trash or Garbage, and (6) 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

HEARING DATE: 18 day of June 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
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

(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 Land Development Code, Chapter 3, Performance & Siting Standards, Article 3.6, Residential Use Siting Standards, Section 3.6.1, Residential Uses, Sub-Section L, Vehicle Repair in Residential Districts, Paragraph(s) 1-3, as referenced by Osceola County Ordinance #12-28, (3) Osceola County Code of Ordinances, Chapter 9, Environmental Control and Preservation, Article VIII, Non-storm water Discharges, Section 9-193, Prohibition of Illicit Discharge, Paragraph A. Reference Ordinance 08-28, (4) Osceola County Code, Chapter 13 - Licenses, Taxation and Miscellaneous Business Regulations, Article II - Local Business Tax Receipt, Section 13-26 - Local Business Tax Receipts Required, Reference Ordinance # 95-10, (5) Osceola County Code, Chapter 23, Property Maintenance, Article I, Junk, Trash, and Garbage, Section 23-3, Accumulations of Junk, Trash or Garbage, and (6) 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

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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