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Case No. CT24-11781 Affidavit of Violation and Notice of Hearing

Published March 07, 2025

Last revised March 07, 2025

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

OSCEOLA COUNTY, FLORIDA
CODE ENFORCEMENT & NUISANCE ABATEMENT BOARD

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CASE NO. CT24-11781

AFFIDAVIT OF VIOLATION (NOTIFICATION OF VIOLATION)

OSCEOLA COUNTY, FLORIDA VS ISMAEL J. BORGES DELGADO

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TO: ISMAEL J. BORGES DELGADO
To: BORGES DELGADO ISMAEL
3734 LA SALLE AVE.
SAINT CLOUD, FL 34772

Pursuant to Chapter 162, Florida Statutes and the Ordinance of Osceola County, Florida, Vanessa Roman, under oath makes claim that ISMAEL J. BORGES DELGADO did allow for the following violations to occur:

(1) 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.

(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 E, Home Occupation, Paragraph (1), which states, The County Manager may authorize the operation of a Home Occupation only by approving an owners / operators affidavit, on the form approved by the County, which declares an owners / operators statement of compliance with all of the provisions of this section.

The violation exists on property located at 3734 La Salle, St. Cloud, Osceola County, Florida; District 5. Property described as: See "Exhibit A", attached hereto and made a part hereof by this reference.

Date of Affidavit of Violation: March 05, 2025
Date Violator previously notified of violation: January 03, 2025

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

STATE OF FLORIDA
COUNTY OF OSCEOLA

OSCEOLA COUNTY, FLORIDA
CODE ENFORCEMENT & NUISANCE ABATEMENT BOARD
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CASE NO. CT24-11781

NOTICE OF HEARING

OSCEOLA COUNTY, FLORIDA VS ISMAEL J. BORGES DELGADO

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TO: ISMAEL J. BORGES DELGADO
To: BORGES DELGADO ISMAEL
3734 LA SALLE AVE.
SAINT CLOUD, FL 34772

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 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 Affected by this Article, as referenced by Osceola County Ordinance #99-48, and (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 E, Home Occupation, Paragraph (1)

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,
Vanessa Roman

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:

PARCEL 1:

NORTH ½ OF LOT 48, LESS THE EAST 5.0 FEET, ST CLOUD MANOR ESTATES, UNIT THREE IN SECTION 36, TOWNSHIP 26 SOUTH, RANGE 30 EAST, ACCORDING TO THE OFFICIAL PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 413 OF THE PUBLIC RECORDS OF OSCEOLA COUNTY, FLORIDA.

PARCEL 2:

SOUTH ½ OF LOT 48, LESS THE EAST 5.0 FEET, ST. CLOUD MANOR ESTATES, UNIT THREE IN SECTION 36, TOWNSHIP 26 SOUTH, RANGE 30 EAST, ACCORDING TO THE OFFICIAL PLAT THEREOF, AS RECORDED IN PLAT BOOK 1 PAGE 413 OF THE PUBLIC RECORDS OF OSCEOLA COUNTY, FLORIDA.

Tax Parcel No.:
36-26-30-5090-0001-0480

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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