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May 30, 2025, 12:00 PM
OSCEOLA COUNTY, FLORIDA
CODE ENFORCEMENT & NUISANCE ABATEMENT BOARD
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CASE NO. CT25-02294
AFFIDAVIT OF VIOLATION (NOTIFICATION OF VIOLATION)
OSCEOLA COUNTY, FLORIDA VS GREEN LAKES FARM LLC, of Osceola County
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TO: GREEN LAKES FARM LLC, of Osceola County
To: GREEN LAKES FARM LLC
3705 S POINCIANA BLVD
KISSIMMEE, FL 34758
GREEN LAKES FARM LLC
1087 HIDDEN HARBOR LN
KISSIMMEE, FL 34746
GREEN LAKES FARM LLC
C/O ALI NAZIM
1087 HIDDEN HARBOR LN
KISSIMMEE, FL 34746
Pursuant to Chapter 162, Florida Statutes and the Ordinance of Osceola County, Florida, Angel Fernandez, under oath makes claim that GREEN LAKES FARM LLC, of Osceola County 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 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.
(3) Osceola County Code, Chapter 9, Environmental Control and Preservation, Article IV, Noise, Section 9-110, as amended by Osceola County Ordinance #06-06, which states a noise disturbance means any sound which is or may be potentially harmful or injurious to human health or welfare, animal life or property, or unnecessarily interferes with the enjoyment of life or property, including outdoor recreation, of a reasonable person with normal sensitivities.
The violation exists on property located at 3075 S Poinciana Blvd., 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: May 01, 2025
Date Violator previously notified of violation: March 07, 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. CT25-02294
NOTICE OF HEARING
OSCEOLA COUNTY, FLORIDA VS GREEN LAKES FARM LLC, of Osceola County
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TO: GREEN LAKES FARM LLC, of Osceola County
To: GREEN LAKES FARM LLC
3705 S POINCIANA BLVD
KISSIMMEE, FL 34758
GREEN LAKES FARM LLC
1087 HIDDEN HARBOR LN
KISSIMMEE, FL 34746
GREEN LAKES FARM LLC
C/O ALI NAZIM
1087 HIDDEN HARBOR LN
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 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 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, and (3) Osceola County Code, Chapter 9, Environmental Control and Preservation, Article IV, Noise, Section 9-110, as amended by Osceola County Ordinance #06-06
HEARING DATE: 21 day of May 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
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
Parcel 1:
Tract A of Estate D, according to the map or plat thereof as recorded in Plat Book 3, Page 229 of the Public Records of Osceola County consisting of 138.53 acres more or less lying in Section 31, Township 26, Range 29
Tract 1 of Estate D, more or less lying in Section 31, Township 26, Range 29, Tract 1 of Estate D, according to the map or plat thereof as recorded in Plat Book 3, Page 229 of the Public Records of Osceola County consisting of 74.45 acres more or less lying in Section 31, Township 26, Range 29.
Tract J of Estate D, according to the map or plat thereof as recorded in Plat Book 3, Pages 222-230, Public Records of Osceola County, Florida consisting of 3.54 acres more or less lying in Section 31, Township 26, Range 29,
Tract K of Estate D, according to the map or plat thereof as recorded in Plat Book 3, Pages 222-230, of the Public Records of Osceola County, Florida consisting of 6.89 acres more or less lying in Section 31, Township 26, Range 29.
LESS AND EXCEPT THAT CERTAIN PARCEL DESCRIBED AS FOLLOWS:
Commence at the Northwest corner of Section 31, Township 26 South, Range 29 East, Osceola County, Florida, thence run South 00°13’11” East 152.98 feet; thence North 89°57’06” West 558.61 feet to the Point of Beginning; thence North 89°57’06” West 600 feet; thence South 09°01’30” East 535.00 feet to a point on a curve of the right-of-way of Poinciana Boulevard; thence run with said curve Southeasterly a distance of 382 feet, more or less; thence North 52°18’20” East a distance of 395 feet, more or less; thence North 09°01’30” West 535.00 feet, more or less, to the Point of Beginning.
Containing 10.00 Acres, all lying and situate within Tract 1, of Poinciana Estates, Section D, as recorded in Plat Book 3, Pages 222-230, of the Public Records of Osceola County, Florida.
FURTHER, LESS AND EXCEPT THAT CERTAIN (CELL TOWER) PARCEL DESCRIBED AS FOLLOWS:
Fee Parcel-commencing at a 4”x4” concrete monument at the Southwest corner of Tract “J”, POINCIANA ESTATES SECTION D, as recorded in Plat Book 3, Page 222 of the Public Records of Osceola County, Florida run North 37°41”40” West along the Northeasterly right of way line of Poinciana Boulevard (a 200 feet right of way) a distance of 747.92 feet, run thence North 55°20’20” East, a distance of 133.59 feet to the point of beginning; run thence North 34°39”40” West, a distance of 100.00 feet, run thence North 55°20’20” East, a distance of 100 feet, run thence South 55°20’20” West, a distance of 100.00 feet to the point of beginning.
Easement Parcel-a 20 feet wide parcel lying 10.00 feet on both sides of the following described centerline:
Commence at the most Southerly corner of a 100.00 feet x 100.00 feet area, said Point of Commencement lies 133.78 feet, measured at right angles, Northeasterly of the Northeasterly right of way line of Poinciana Boulevard (a 200 feet right of way), and 387.60 feet, measured at right angles. Northwesterly of the Southeasterly line of said parent tract, said Point of Commencement is further referenced at OR Book 1912, Page 2761 of the Public Records of Osceola County.
Thence, leaving said Southerly corner and said Point of Commencement, run North 34°39’40” West a distance of 50.00 feet to the Point of Beginning, thence run South 55°20’20” West, a distance of 112.27 feet to the Point of Termination of said centerline and the Point of Beginning of a 40.00 fee wide ingress/egress and utility easement lying 20.00 feet on both sides of the following described centerline: Thence run South 55°20’20” West 25’ to the Northeasterly right of way line of Poinciana Boulevard, and the Point of Termination. The sidelines of said easement are to be shortened or prolonged at angle points and project boundary lines.
AND FURTHER SUBJECT TO THAT CERTAIN CONSERVATION EASEMENT DESCRIBED AS FOLLOWS:
A parcel of land lying in Sections 31 & 32 Township 26 South Range 29 East Osceola County, Florida, also being a part of Tract A of Poinciana Estates Section D as recorded in Plat Book 3, Pages 222 to 230, Public Records of Osceola County, Florida described as follows:
Beginning at the NE Corner of said Section 31 run thence North 89°59’54” East along the North line of Section 32 a distance of 470.21 feet to the Right of Way line of State Road 531 and a point on a curve concave Westerly having a radius of 569.00 feet, a Central Angle of 01°59’40” and a Chord of 19.81 feet which bears South 17°30”00” West, run thence Southerly along the curve a distance of 19.81 fee which bears S 17°30’00” W; run thence Southerly along the curve a distance of 19.81 feet to the Point of Tangency, run thence South 18°29’50” West along said Right of Way line a distance of 439.30 feet, thence South 35°11’19” West a distance of 110.58 feet, thence North 00°00’06” West a distance of 287.68 feet to the North line of Section 31; thence North 89°59’54” East a distance of 122.40 to the POINT OF BEGINNING.
Said Conservation Easement containing approximately 3.344 acres more or less.
AND FURTHER SUBJECT TO CERTAIN RESTRICTIONS SET FORTH IN THE PUBLIC RECORDS OF OSCEOLA COUNTY, OR BOOK 951 PAGE 1288, THE DEED FROM AVATAR PROPERTIES, INC., TO WESTERN CORRAL CORP.,
i) Avatar Properties, Inc. retains a 30 day right of first refusal with regard to the property for a period of 99 years.
ii) Avatar Properties, Inc. right to designate utility easements over, in, and under the land in the future with such easements not unreasonably interfere with the grantee’s use of land.
iii) Certain restrictions, which are part of a settlement in Case No. 73-155-CIV-JE in the United States District Court for the Southern District of Florida styled Weiss, et al vs. GAC Corporation, et al,
AND FURTHER SUBJECT TO
All other restrictions. reservations, limitations and easements of record, if any: however, this reference to said restrictions shall not operate to re-impose the same.
Parcel 2:
Commence at the most Southerly corner of Tract J, POINCIANA ESTATES SECTION D, as recorded in Plat Book 3, Page 222, Public Records of Osceola Couty, Florida, said point being on the Easterly right-of-way line of Poinciana Boulevard; thence run North 52°18’20” East, along the Southeasterly line of said Tract J, a distance of 456.51 feet to the Point of Beginning; thence run North 20°14’13” West, a distance of 94.35 feet; thence run North 62°16’24” West, a distance of 289.48 feet to a point on the Southeasterly line of Tract K; thence run North 52°18’20” East, along said Southeasterly line, a distance of 135.50 feet; thence run South 61°28’12” East, a distance of 229.77 feet; thence run South 81°24’51” East, a distance of 100.00 feet; thence run South 33°19’09” West, a distance of 216.99 feet to the Point of Beginning.
Tax Parcel No.:
25-26-28-6160-000A-0010
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.