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Agenda 07/14/2020 Item #16A20 (Code Enforcement Release of Lien - 839 104th Ave. N.)07/14/2020 EXECUTIVE SUMMARY Recommendation to approve the release of a code enforcement lien with a value of $36,719.47 for payment of $5,119.47 in the code enforcement actions entitled Board of County Commissioners v. Milan Jovanovic, relating to property located at 839 104th Ave N, Collier County, Florida, and to authorize the Chair to execute a Satisfaction of Lien. OBJECTIVE: To release a code enforcement lien with an accrued value of $36,719.47 for payment of $5,119.47. CONSIDERATIONS: As a result of a code violation, the Special Magistrate ordered the imposition of a lien against Milan Jovanovic, in case No. CEPM20170017109, for code violations at 839 104 th Ave N. The violations consisted of damages within the unit, roof and soffit damage, and broken windo ws. The lien was recorded on June 8, 2019, at O.R. Book 5639, Page 2161. The current lien amount is $36,719.47, based on 366 days of accrued fines ($100 per day from February 24, 2019 through February 24, 2020) totaling $36,600, plus $119.47 in operational costs. The property was brought into compliance on February 24, 2020. Pursuant to Resolution No. 2012-46, a request for waiver of fines may be considered when full payment of the full lien amount would impose a severe financial hardship on the propert y owner. Fines accrued by an existing owner would be considered for a waiver as long as the existing owner has diligently pursued abatement and compliance has been achieved. During this time Mr. Jovanovic resided in Canada and was unable to attend the hearing due to urgent family matters. Once the abatement process began, he encountered many delays and over $25,000 in expenses, including engineering, inspection, and legal fees, to demolish the property, notwithstanding the hardship of the family matters he was dealing with in Canada. The owner has paid $5,119.47 in settlement of fines and is requesting the remaining $31,600 in accrued fines be waived; see attached hardship letter as required. There are no known code violations at this time. FISCAL IMPACT: Payment of $5,119.47 in settlement of fines has been received. If approved by the Board, accrued fines in the amount of $31,600 would be waived. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, conforms to the Board’s policy contained in Resolution 2012-46, is approved as to form and legality, and requires majority vote for approval. -JAK RECOMMENDATION: To waive the remaining fines in the amount of $31,600, accept payment amount of $5,119.47, and authorize the Chair to sign the attached release and satisfaction of liens for recording in the Official Public Records. Prepared by: Michael Ossorio, Director, Code Enforcement Division ATTACHMENT(S) 1. Owner Letter (PDF) 2. Lien Order Jovanovich (PDF) 3. Release Order (PDF) 4. [LinkedX] Backup Documents Jovanovic (PDF) 16.A.20 Packet Pg. 1140 07/14/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.20 Doc ID: 12533 Item Summary: Recommendation to approve the release of a code enforcement lien with a value of $36,719.47 for payment of $5,119.47 in the code enforcement actions entitled Board of County Commissioners v. Milan Jovanovic, relating to property located at 839 104th Ave N, Collier County, Florida, and to authorize the Chair to execute a Satisfaction of Lien. Meeting Date: 07/14/2020 Prepared by: Title: – Code Enforcement Name: Dana Rarey 06/02/2020 4:51 PM Submitted by: Title: Division Director - Code Enforcement – Code Enforcement Name: Michael Ossorio 06/02/2020 4:51 PM Approved By: Review: Code Enforcement Colleen Davidson Additional Reviewer Completed 06/03/2020 10:36 AM Growth Management Department Judy Puig Level 1 Reviewer Completed 06/08/2020 9:51 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 06/08/2020 10:37 AM County Attorney's Office Judy Puig Level 2 Attorney Review Skipped 06/09/2020 8:58 AM Growth Management Department James C French Deputy Department Head Review Completed 06/09/2020 6:18 PM County Attorney's Office Jennifer Belpedio Additional Reviewer Completed 06/11/2020 2:36 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/11/2020 4:15 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/11/2020 4:50 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 06/29/2020 10:20 AM County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 07/06/2020 1:46 PM Board of County Commissioners MaryJo Brock Meeting Pending 07/14/2020 9:00 AM 16.A.20 Packet Pg. 1141 16.A.20.a Packet Pg. 1142 Attachment: Owner Letter (12533 : BCC v. Milan Jovanovic) 16.A.20.a Packet Pg. 1143 Attachment: Owner Letter (12533 : BCC v. Milan Jovanovic) 16.A.20.b Packet Pg. 1144 Attachment: Lien Order Jovanovich (12533 : BCC v. Milan Jovanovic) 16.A.20.b Packet Pg. 1145 Attachment: Lien Order Jovanovich (12533 : BCC v. Milan Jovanovic) 16.A.20.c Packet Pg. 1146 Attachment: Release Order (12533 : BCC v. Milan Jovanovic) Milan Jovanovic c8PM20170017109 839 104'h Ave N, Naples, FL 34108 Folio # 62414120006 Roof and soffit damage, broken windows, floor and ceiling damage to inside ofunit Order Items: $100/day fine x 62 days (February 24,2019 - Apil26,2019) = $6,200.00, plus operational costs of$60.19 plus IOF operational costs of$59.28 Total Fin6: $6J19.47 FOF Order OR 5603/PG 2101 recorded on 3/4/19 IOF Order OR 5639lPG 216l recorded on 6/8/19 Violation abated: February 24,2020 Fines accrued after IOF: Order Items: $100/day fine x 304 days (April 27 ,2019 - Fetrlur;ry 24, 2020) = $30,400.00 Total Fines Owed: $36.719.47 Deed recorded on 3/'112011, and case is in compliance as of 2124/20 ADDITIONAL CASE NO Ltf,N YET FOR II{FOR]VIATION ONLY: CEPM20180014370 Unsecured vacant dwelling with broken windows and where access can be gained Order ltems: $200/day fine x 247 days (June 23, 2019 - February 24,2020)= 549,400.00, plus operational costs of $60.12 Total Fines: $49,460.12 (not imposed as of date) FOF Order OR 5639/PG 2153 recorded on 6/8/19 NOT SCHEDULED AS OF DATE: IOF Order OR /PG Violation abated: February 24,2020 Total Fines Owed: NOT IMPOSED AS OF DATE Deed recorded on 317/2011, and case is in compliance as of 2124120 Offer of settlement: $5.119.47 ($5000 fines + $119.47 ops costs C8PM20170017109) + $60.12 ops costs CEPM20180014370 not liened not part of waiver Owner with Hardship ACCRTIED VALI]E: PAYMENT OF: TOTAL FINES TO BE WAIVED: $36.719.47 $5.119.47 $ 3t.600.00 Collier County Growth Management Division 2800 Horseshoe Dnve N. Naples, FL 31104 2 -252-4AA RECEIPT OF PAYMENT Receipt Number: Transaction Number: Date Paid: Amount Due: Payment Details: Amount Paid: Change / Overage: Contact: FEE DETAILS: Fee Descriotion Operational Costs (CEB) Operational Costs (CEB) Code Enforcement Board operational costs (cEB) Cashier Name: Batch Number: Entered By: 20207 40526 2020-045774 06/04/2020 $ 6,3 79.5 9 Pavment Method Ch eck Reference Number AlinaHarris 9236 ElenaGonzalez Amount Paid 55,179.59 Check Number 77436 $5,179.59 $0.00 Paradise Coast Title & Escrow, LLC 2670 Airport Rd S Naples, FL 34112 cEPM20170017109 cEPM20170017109 cEPM20170017109 cEPM20180014370 1lr-138911-354400 1 11- 138911-354400 1 11- 138911-354400 111- 138911-354400 Oriqinal Fee s50.19 s 59.28 s 6,200.00 $60. 12 Amount Paid s 50. 19 s 59.2 8 s s,000.00 $60.12 GL Account Ir{srR 4533456 oR 4658 PG 2776 RECoRDED 3/7/20,,1 1;O0 Pll PAGES 2 DTIGHT E. BR(rcX, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIOA Doc@.70 S7l+2.O0 REc 318. SO coNs $106, OOO. OO J \ $ b t\. \ d at\.-rl \t- PREDDIE UAC rOAN # 329158791 I 7A6a7A Prepared By and Return To: Name: CHRISSY DIAZ WATSON TITLE INSURANCE AGENCY, INC. 1901 W, CYPRESS CREEK ROAD 3RD FI,OOR FT. LAUDERDALE, FL 33309 wTI 2010-05829 Folio Number:Ca4tLlt"@6 Special Warranty Deed THIS INDEMURE, made tfris 24th day of February, 2011 FEDERAL IIOIE IlrAIf UORIIIACE CORFORA?IOII, Hcrclnaftcr callod tbc Grentor, shocc eddreer is 8200 JONES BRANCH, MCLEAN, VA22IO2. and fll.ltlt JOVAIIOVIC , A UARRIED fAIf , hcrclnaftor callcd thc Greatce whose address is 7O0 FISCHER HALLMAN RD. KITCHENER, ONTARIO, CANADA N2E 1L7. [Wherever used herein t]re terms "Grantor and Grantee' include the parties to this instrument and their heirs, legal of corporations) assignees of individuals, and assigns WITNESSETII: the crantor sumofTENAND 00/100 o, receipt whereof is herebyDOLLARS ($10.00) and acknowledged by these alien, remise , release, convey and confirm unto the Gran viz: COLLIER County, Florida, A SubJect to: Rcrtrlctlonr, llnltatloan, coadltlou, rcaolttlollt, covcrratr aad cercncnt of Rccord, lf eny, dl appllcablc rontng ordlnrnccr' and Texcr for year 2O1O and dl tub.cqucrt yG.n. TOGETHER with all the tenements, hereditament and appurtenances thereto belonging or in otherwise appertaining. AND the Grantor hereby covenants with said Grantee that it is lawfully seized of said land in fee simple, that it has good right and lawfirl authority to sell and convey said land, that it hereby fully warrants the title to said land and will defend the same against tJ:e lawful claims of all persons claiming by, through or under the said Grantor, NAlKl **r oR 4658 PG 2777 *" II{ WITllIESa WIIERTOF the Grantor has caused these presents to be executed in its' narne, and its' corporate seal to be hereunto alfixed, by its proper oflicers thereunto duly authorized, the day and year first above written. ltr/herever the text in this Deed so requires, the use of any gender shall be deemed to include all genders, and the use of the singular shall include the plural. Slgned, seeled ald delfuered ln ou, prioscnccl PEDERIL HOUE LOAIT UORNGAGE CORPORATIOI{ BY: LllW OFFICES OF UARSHALL C. WATSOI{ P.A It's Attorney-in-Fact, pun uajrt to Limited Powrr of Attomcy. BY: KIMBERLY ras Sigtatory, pursuant to tion. WITNESS ted Signature /1 (Prin Signature) STA?E OF FLORIDA COIINTYOF BROWARI) ss: U /K / (8EAL) The foregoing instrument was acloowledged before mc t]tis 24tb day of February, 2O11 by I0DIBERLY RAI{DAZZO as Authorized Sisnatory, for the I"AY OtrFICES OF UARSHALL C. \[,ATAON P.A., Ag ATTORITTT.II|.FACT FOR THE TEDERAL HOUE LOAI{ UORTGAGE CORPORATIOI|, who executed same on behalf of the last said corporation and who is personally known to me and who did take oath. LA\)t/ OF'F'ICE OF SAMJ.AAD III 2670 Airport Road South . Naples, FL 341 l2 Office: (239) 963-1635 . Fax: (2!9) 791-1208 www.Saadlrgal.com Sam J. Sasd ltt, MaoEglng Attomey, ,rceffed ln Flo da atd lyashttgtoa DC Dayld T. Lupo, Senior ColJ t l, Ucet$ed h Florida Gary L. Green, s€nior Litlgation Couosel, a,'cersed h Florida Jari L. Woody, Associalc AtJ..orney, Licensed in Flo da May 11, 2020 Burt L. Saunders, Chair Board of County Comrniss ioners 2800 N. Horseshoe Ddve Naples, Florida 34104 Re Request for Abatement of Code Enforcement Fines Property Address: 835 - 839 1041r'Avenue N (PID: 6241412fi)06) Case No: CEPM201800I4370 & CEPM20170017109 Dear Chairman Saunders: Please be advised that the undersig:red and this {irm repr€sents Milan Jovanovic, the record titleholder to the above referenced property. Pursuant to Resolution 2012-46, Section 4, please considet'this Mr. Jovanovic's formal request to settle two code enforcement liens against his propefly for less than the amount p€sently olaimed by Colliel County. Presently, there are two violations pending against ploperty. At the time that notice of these violations was issued, Mr. Jovanovic was not in town and he was not a year-round resident of Naples, Additionally, he was unable to retum to Collier County to attend the hearings because of family matters. As soon as Mr. Jovanovic became aware of the issue, even though he was still in Canadg he began the process of removing the offending structure and abating the violalions. The removal process encountered many delays and incurred additional expenses as well, which hindered his compliance. These delays were compounded by the fact that he was not in the country to address the removal, even after he became aware of the need. However, the structurp has now been removed ftom the property in its entirety and the violation has been corrected. Although he is aware that the County has certain costs which are fixed and which are not eligible for reductions, he is nevertheless kindly requesting a reduction in the amount of the daily fines. Mr. Jovanovic is hoping that the following important issues will be taken into consideration in rcviewing this rtquest for a reduction in the lines imposed: I i I I I Conuno sense solutiotts lo lrfolecl )ou,' busincss tnd rcol cstate i,tle,'esls a. The struotul€ which was the subject ofthe violation has been removed fiom the propety at Mr, Jovanovic's expense curing all code violations. b. Mr. Jovanovic has no prior history of fines or liens against him. c. Payment of the full lien amount, including the daily fines, would conslitute a severe financial hardship to Mr. Jovurovic as they constitute more than 100/o ofthe current value of the property. d. Mr. Jovanovic diligently pursued abatement ofthe offonding violation and compliance has been achieved. e. Mr. Jovanovic spent approximately $25,500.00 to abate the violations. These costs came fiom two contractors and his travel costs to get to and from Canada three times. The break down as follows: a. Apex Site and Demolition $8,000.00 b. Nella K, LLC $16,000.00 c, Travel Costs $ 1,500.00 f, Mr. Jovanovic is able to pay a reduced amount which will equal the costs and expenses incuned by the County in prosecuting the violation and in obtaining, recording and enforcing the fi ne/lien. The actual Operational Costs ofthe two violations are $60.12 and $l19.47 respectively. Mr. Jovanovic understands that there may have been additional Operational Costs incured by the County and he is also willing to pay those curently due and those that become due. However, the payment of the full amount of the lien, including the daily penalties, constitutes too severe a financial brrden for him to bear. Accordingly, he is offerilg a settlement in the amount of$5000.00 and respectfully requests that you consider accepting this amount to release the lien. S LAWO OF SAM J. SAAD III By: J. Saad III, Managing Attomoy Client Michael Ossorio, Code Enforcement Director Cc Common sensc solulions b prolcct ytttu' busincss nd rcfi| eslote i,ttercsts vs. COLLIER COI. \T}'. FI-ORIDA (.ODE E\FOR('E}IE\T BOARD CEB CASE NO. CEPM2OITOOI TIOlI COLLIER COUNTY BOARD OF COUNTI' COMMISSIONERS. Pctirioncr JOVANOVIC. MILAN. Dcfendant(s) .{FFIDAl'IT OF (-OVPLIA\C'E STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undesigrrcd authority, personally appeared John Connena Code Enforcement Official for the Code Enforcement Board ofCollier Counry. who after being fully swom. deposes and sa-vs: l. That on January 24. 2019, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated thst Defendsnt(s) was to abate all violations as statd in the Onder recorded in the public rccords of Collier County. Florida in OR Book 5603 PG 2101, et- seq. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on [March 6th. 2020] 4. That the re-inspection(s) rcvealed that the corrcctive action ordered b;- the Code Enforcement Board was in compliance by [Property Owner hired a Contractor who obtained a Demoliton Permit and rcmoved the structure from the property. The Demolirion permit ,$,as C@d on2/24120201. FURTHER AFFIANT SAYETH NOT. DATED this [6th] day of [March], 2020 COLLIER COLNTY. FLORIDA CODE ENFORCEM T BOARD John Code En ement Oflicial STATE OF FLORIDA COUNTY OF COLLIER Snom to (or affirmed) aod subscribcd bcfor€ rlc by rncrns of_X_ phlsical prcserrcc or _ onlirc notarization thiq 6th day ofMarch. 2020 by John Connctta tA[u^?-nl" l- lSignature of Notary Public) (Print/Type6tamp Commissioncd Namc of Notary Public) Perrcnally known ri .) ....1.,3 ;$E{; HELEI{BUCHILLON Conmbsion I GG 104629 Erpi6s ll.y 15. ?021 ,.itto lnu l!6Fr Lr,y S. /".r INSTR 5724150 oR 5639 pG 2161 RECoRDED 6/E/2Ot9 11:25 Ar,t pAGEs 2 CLERK OF THE CIRCUIT COURT AND COITIPTROLLER, COLLIER COUNTY FLORIOA REC s1E. 50 COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOART) Case No. - CEPM20l700t7t09 BOARD OT COUNTY COMMISSTONERS coLLtER COUNry, FLOR!DA, P€tilioner, ys. MILAN JOVANOVTC, Respordert. within the oral order on Petitioner's The Board, having hcard testimony u matters related lo said motion at publ Findings ofFact, Conclusions of l. On January 24,2019, Property Maintenance and Ordinances ofCol Folio No. 62414120006 refened to as the "Property Roof rrd somt drmagq b AMENDED ORDER OF THE CODE ENFORCEMENT BOARD THIS CAUSE came before lhe Code oard") on at argu May 23, 2019, to correct an error public hearing on April26,2Ol9. ment respective to all appropriate the error and issues the following Ity of violaling Collicr County and 22-231(l2Xc), Code ofLaws at 835 l(Nth Ave N, Naples, FL, BLK 7 LOTS 22-23, hereinafter to thc inside ofthe unit, 2 On the same date as above, the before Febntary 23,2019, ora fi Respondcnt to sbate the violations on or ne ofsl00.@ per day would be assessed for cach daythe violations remained thercafter until abatement was confirmed (A copy ofthe Order is recorded at OR 5603 pC 2l0l). 3. Respondenl. having been notified ofthe date of hearing by certified mail, posting andlor personal service, did not appcar at thc public hearing. 4. Operational costs ofS60-19 previously incurred by Petitioner in the prosecurion ofthis case were nor paid 5. Operational cosls in the amount of$59.28 have been incurred by Petitioner for the April 26,2019, hearing. 6. The violations have not been abated as ofApril 26, 2019. CONCLUSIONS OF LAW Based upon the forcgoing facts,lhe Board makes thc following Conclusions oflrw: 7. All notices were properly and timely issued, and the Board hasjurisdiction pursuant to Chapter 162, Florida Staiutes,.and Chapter 2, Anicle lX, Code ofLaws and Ordinances ofCollier County, Florida. 8. Pursuant to Section 162.09, Florida Statutes, Petitioner has demonstraled by the preponderance of lhe evidence that accrued fines and cosls shall be imposed against Respondent. on April 26, 2019, ved evi ( rty Descri ption: N floor and , Florida, on thc following panicul **r oR 5639 PG 2162 *** ORDER _ B1e! uqol the foregoing Findings ofFact and Conclusions oftarv, and pursuant to the authoriry granted in Chapter 162, Florida Sbtutes, and Chapter 2, Aflicle tX, code of L-aws and Ordininces of Cotlier County. Florida, it is hereby ORDERED that: A. Petitioner's Motion for Imposition of FineJLiens is GRANTED. B. Daily,frnes of$100.00 per day are asscssed and imposed against the Respondent for 62 days for the period from February 24,2019, to April26, 20 19, for a roral fine amount of$6,200.00. C. Respondent shall pay opcrational costs in rhc total amount of$ I 19.42. D. Respondent shall pay fines and cosls in the total amount of $6,319,47 or be subject to Notice of Asscssment ofLien against all propcrties owncd by Respondcnt in Collier County, Florida. E. The daily fincs of $100.00 shall conlinuc lo 8ccrue uniil abatemcnt has been confirmed by a Collier Counly Code Enforcement Investigator. DONE AND ORDERED this 2019 at Collier County, Florida. T BOARD oRt ve 2019,by Robcn rvho is 's License as identification. U.S. Mail to Milan JoYanovic, do ap, I,Crysta A!,* o, a!qv! cdb;dad tbr CoilaaL ,hal lhe balu.and STATE OF FIiOBIDA ) )SS: couNTY oF coLLtER) The foregoing instrument was acknow Kaufman, Chair ofthe Code Enforcement { personally known to me or_ who ;wr HELENBUCHILLON Cool,isrion t GG .l0468 Erpir63 Hty 15. 2021lrt C fL! &a9d &ir 5r*.r OTARY PUBLIC My commission expires:_ PAYMENT OF FINES:Any fines ordercd to be paid pursuant to this Order may be paid ar the Collier County Code Enforcement Departmcnt,2800 North Horscshoe Drive, Naplcs, FL 34104, Phone: (239) 252-2440, Website: wrvw.colliergov.net. Any release of lien or confirmation of compliance or confirmation of lhe satisfaction of the obligarions ofthis Order may also be obtaincd at this location. APPEAL: Any aggrieved party may appeal a final order ofthe Board to the CirEuit Coun \,vithin thiny (30) days of the execution ofthe Ordcr appealcd. An appcsl shall noi be a hearing de novo, bul shall be limited to appellate rcvicw ofthe record created within thc odginal hearing. lt is the responsibility ofthe appealing party to obtain a transcribed record ofthe hearing from the Clerk ofCouns. Filing an Appeal will not automatically stay this Ordcr. CODE EN Nap me lhis CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and corIec-t coDy of this ORDER has been 1960 Meldrum Rd, windsor, ON, Canada/FMC: N8w 4E2, rhis 5 day of sent 20 r9 .l,: INSTR 5578839 oR 5603 PG 2101 RECoRDED 3/4/2Oa9 9:22 Ar,t PAGES 2 CLERK OF THE CIRCUIT COURT AND COT{PTROLLER, COLLIER COUNTY FLORIDA REC J18.50 QqLLIER COUI{TY CODE ENFORCEIIENT CODE ENFORCEMENT BOARD Casc No. - CEPM20l700l7t09 BOARD OF COUNTY COMMISSTONERS COLLIER COUNTY, FLORTDA, Peliaioner, MILAN JOYANOVIC. ResponderL YS. ORDER OF THE CODE ENFORCEMENT BOARD THIS CAUSE camc on for public 20lq and the Board, having heard resti appropriatc mattcrs, herculrcn issues L Respondcnt, MILAN 2. Rcspondcn! having thc public hearing. Boald (the "Board") on Jaruary 24, and heard a8umcnt rcspcctive to all and Orderofihe Board as follows: 'Property"). posting, did not appeared at 3. The Property located at NAPLES PARK UNIT I 14120006 (Legal Description: ier County Property Maintenancc Code under Sections 22-23 Code of Laws and Ordinances of Collier County, Florida, in rhe Roofand somt dsmrgg bro damrge to the insid€ ofthe unit. 4. The violations have not been abated &s ofthc date ofth€ hcaring. CONCLUSIONS OF LAW Based upon lhe forcgoing facts, the Board makes thc following Conclusions oflaw: 5. All noticcs wcrc propcrly and timcly issucd, and the Board has jurisdiction punuant lo Chaptcr 162, FIorids Statutes, and Chapter 2, Article IX, Codc ofLaws and Ordinances ofCollier County, Florida. 6. The preponderance ofthe cvidence shows that violations of Sections 22-231( l2Xp.),22-231(l2Xi), ud 22- 231(12)(c), Codc of laws ard Ordinances of Collier County, Florida, do exist, 8nd that REspondent commined, and wEs responsible for maintairing or allowing thc violations lo continue as ofthc date ofthis hearing. ORDER Based upon thc forcgoing Findings of Fact and Conclusions of [a4 and pursuant ro ihe Euthority granted in Chaptcr 162, Florida Statur6, and Chaptcr 2, Anicle lX, Code of Laws and Ordinanccs of Collicr County, Florid4 it is hereby ORDERED that: A. R6pondcnt is found guilty of violating sccrions 22-231( l2xp), 22-231(12){i), nd 22-231( l2xc), Code of r ..-!.., rtfl;n.n^x afl'allir; l-^"-r, El^'i'l' 04rh Avc N, Nsplcs, of o fFact, Conclus 22-23\ is i nvl 22-231(12)(i), and lars: rflYD **. oR 5603 PG 2102 *** STATEOFFLORIDA ) couNry oF coLLtER) The foreSoing instrument *,as B. Respondenr must abate thc viorations by obuining all requircd collis county Building pcrmil(s) orDemolition.- Pcrmir(s), - rcquesring arl rerarcd inspections, and rece-iving cirtificares ' orComplctior/Occupancy for the work neccssaDr ro repair tire damages to thc residen-tial slructur€ on thcProperty' including, but not limir€d ro, rhe roof and joffit, rhc wind-ows, and the floor and ceiling, on orbefore-Fcbrurry 23, 2019 or r firc of$100.00 per day will be imposed for cach day the violationi'remain thereaflcr. c. If.Respondent fails to comply r,vith this Order, Pctitioner may abste the violations using any method tobring rhe violations into-compliancc and may usc the assistanic of the Collicr County si'"rifi'" Om." iocnforcc thc provisions of this ordcr and alr costs ofabatement shall be asscssed to Resiondent. D' Respondent is ordercd to pay opeiational coss for the pmsecution ofrhis case in the amount ofS60,19 onor before February 23,2019. E. Respondent shall notiry Code Enforcement within 24 hou6 ofabal€ment ofthe violations and requcst lhe investigator ro pcrform a site inspection to confirm compliance, DONE AND ORDERED This 2 Ad,y of 2019 at Collier Courty, Floridr, BOARD (1) a f Florida,who is tcense as 2019. bv Roben X 'pcrsonal )ss Kaufman, Chair ly known to mc or 'ltARtEx€ sEnRAilo Cqrrtlxhn a GG loSat! Erplrlr S.Dl.lnLr !r.202t b'a.a ltrr&4r r-rr t rfr. PAYMENT OF FINES: Any lines ordered to bc paid pursuant to this Order may be paid at the Collier County Codc Enforcement Department,2800 North Ho6eshoc Drive, Naples, FL 34104, Phonc; (239) 252-2440, Website: wrawcolliergov.net. Any relcase of licn or c.nfirm8tion of compliance or confirmation of the satisfaction of the obligations ofthis Order may also be obtained 8t this locatio.r. APPEAL: Any aggtievcd party may appeal a final ord.r ofthe Board to lhe Circuit Coun within thirty (30) days of the cxccution of the Order appcaled. An appeal shall not bc a hcaring de novo, but shall be limited to appellate review of ihe record crpated wilhin the original hearing. lt is the responsibility of the appealing party to obtain a transcribed record ofthc hearing from the Clerk ofCourts. Filing an Appcal will not automatically stay the Board's Ordcr. CERTIFICATE OF SERVICE I HEREBY CERTIFY lhal a true and correct copy of this ORDER has been scnt by U.s. Mail to Milan Jo\anovic,835 l04th Ave N., Napfes, FL 34109, this 4 dal of B.bn-taat{ ,20t9. who has produced a fore me this Enforcement ' -..11r Cf':",- .+j'".,..-....- 11r,, l. crFt.r , trrd. q;r'iC;nt'iit& r.' oiii,l.c',*rt hrd!, 6tily [Bt hi rbo!! tlianat6 r riue inU conca ,op, o( $.pigll,l lr.rtia OEa lrinq riltUr' L8rr I.}-1UE LIr- r (-, o.Ary C&Ii Official tu Report Title:Code Case Details Date 5/6/2020 1l:49:30 AM Case Number CEPM2017001 7109 cEPM201700't 7109 Case Type Propsrty Maintonance Priority Normal lnspector:JohnConnetta Jurisdiction Collier County Code Enforcement Origin Complaint Home in sink hole. House is falling into sink hole and water i8 seoping in from ground. Heatd loud pop noiss. Location Comments 835 104Th Ave N (Naples Park) Status Closod Date & Time Entered '10131120'17 1 :45:01 PM Address 835 l04th AVE N, Naples Property 62414120006 Property Owner JOVANOVIC, MILAN Business Management & Budget Office Case Number: Detail Description: Entered By lKimbeayBrandes Case Drsposrtron lttearing 1 Code Case Details Execution Dale 51612020 I '1:49:30 AM Desc As6igned Required Completed Outcome CE Staff Review 't0t31t2017 10t31t2017 Complainant: Casie James 239{6t6887 /KB Attach Piclure(s)JohnConnetta 11t1t20'17 1111120'17 Complete Verify Complainant ArthurFord '1111t2017 11t1t2017 Verifed lnitial lnspeclion JohnConnetta 1'U'12017 11t112017 lncomplete 11/'ll2017 On site spoke with tenant Kaisee James who signed an entry @nsent form allo ing Code Enforcement lnvestigator to enter the dwelling to conduci an inspection fro Property Maintenance violations. Entry consent form will be scanned into the case. tenant stated lhat on 10.31 2017 al approximately 43oam she heard a loud bang and then eventually water began to seep up though the floor. North Naples Fire Dept respond and shrlt down the elec{ricity and water service to the dwelling. Tenant has been staying with friends and the Property Owner is aware of the issues but has done nothing to abate. Photos were taken of damage to the ceiling in her son bedroom, damage to the walls in the living room, interior floor is beginning to bow broken windows, door to master bathroom is bowed an wont dose. The rear door to the struclure is also bowed and wont close completely. Will have the Building lnspeclor conducted a site inspedion to determine if the buildrng is dangerous of collapsing. Photos attached. Fyc JC-16 lnitial lnspeclion Follow-up JohnConnetta 11t6t2017 11t712017 Violation(s) Found 11rl2017 A Notice of Molation will be generated and mailed Certified registered mail and regular US Mail to the Property Owner addressing the property maintenance issues. A copy ol the NOV will be posted at the property and the Collier County Courthouse. R/c JC-16 Record Violations JohnConnetta 11t7t2017 rnt2017 Complete Generate Notice of Violation JohnConnetta 11n t2017 rnt2017 Complete Attach Picture(s)JohnConnetta 11t8t2017 11t8t2017 Complete CE Mailing GilberlBaptist e 11t8DO17 11t912017 Complete '11l8Y2017 Please maal Notice of Violation to Property Owner. JC-16 GilbertBaptist e 11tU2017 't119t2017 Complete 11/8/2017 PLease sc€n AOP and Entry Consent form into case. JC-16 Attach Picture(s)JohnConnetta 111812017 11t8t2017 Complete Personal Service Attempt JohnConnetta 11t8t2017 '11t8t2017 Complete 1'U8/2017 Posted the Property and the Collier County Courthouse with a copy of the NOV. Photos taken and attached to the case. An affdavit of posting will also be generated and attached to the case. RYc JC-'16 CE Staff Review GilbertBaptist e 1119t2017 1',|912017 Complete Scanned and Attached AOP and Entry Consent form into case-GB Business Management & Budget Omce Comments DeliciaPulse Complete CE Staff Review Code Case Details Execution Date 5161202O 11:49:30 AM Desc Assigned Required Completed Outcome Comments CE Staff Review GilbertBaptisl 11t9t2017 1'.|19t2017 Complete Mailed NOV CerUReg Scanned and Attached AOM and NOV-GB GilbertBaptast e 11117 t2017 11t17 t2017 Complete Attached out of counfy Receipt-cB Re-lnspeclion JohnConnetta 12t4t2017 1211112017 Non- Compliant 128/2017 On site house is vacant at this time. Spoke on the telephoned to the former tenant Kaisee James who stated that she has not heard from the pmperty owner and that both units are now vacant. There has been no contact from Property Owner. Vvill continue to monitor for a short time. RYc JC-16 CE Phone Call 12128t2017 1A28t2017 Complete Spoke with the Owner Milan Jovanovz 519 980€780 residing in Canada, 1960 Meldrum Rd Wndsor, Ontario, Canada. He c€lled regarding the letter he received in the mail, i iold Mr. Jovanovz to contacl lnvestigator Conneta at 239252-2448 to ask how to resolve the violation - DB R+.lnspeclion JohnConnetta 1t5t2018 1t5t2018 Non- Compliant 1/5/2018 On site NOH. Units are vacant. Property Owner lives in Canada and is scheduled to arrive in Naples in February 2018. Structure will remain vacent till the issues are addressed. R/c JC-16 Re-lnspeclion JohnConnefta 2t6t201A 21512018 Non- Compliant 2/t2018 On sile NOH. Vfien Ilasted spoke with Property Owner he is coming to Naples this month and will make contacl with me to discuss the violation and what is needed to bring the property into compliance. The property remains vacant at this time. R/c JC- 16. Re-lnspedion JohnConnetta 2l'ts12018 2t15DO1A Non- Compliant 2y142018 On site NOH. Telephoned the Property Owner at 519-9804780 and left voice message. RYc JC16. JohnConnetta 427 t2018 2t27 t2018 Non- Compliant 2127 f2OlE On siie lhe property remains vacant at this lime. Spoke with Property Owner Miladin Jovsnovic at 51$980€780 who stated that he lives in Canada and would like to come to Naples in early March 2018 to see what is needed to abate the violation. Jovanovic further stated that the house will remain vacant until the violation is abated. Jovanovic will make contacl with CE lnvestigator when he anives in Naples. Wll continue to monitor. RYc JC'16. Re.lnspection JohnConnetta 3t17t2014 3t16t2018 Non- Compliant 3/15/2018 On site the vioaltion remains. Property remains vacant. Spoke with Property Owner Milan Jovanovic who stated that he will be coming to Naples hopetully in March 2018. Jovanovic lives and \rvorks in Canada. Property will remain vacant until he is able to come to Naples and assess the damage. R/c JC16. CE Staff Review DannyBlanco Rs.lnspeclion Business Management & Budget Office Code Case Details Execution Dale 51612020 't"l:49:30 AM Desc Assigned Required Completed Outcome Comments Attach Picture(s)JohnConnetta 1123t2019 't 123t2019 Complete Record Hearing Results helenbuchillon 1t28t2019 1t29t2019 Complete Found in Molation. Respondent must abate the violation by obtaining all required Collier County Building Permit(s), or Demolition Permit, lnsp€ciions, and Certific€te of Completaon/Occupancy for the repair of the roof/soffit damage, repair/replace the broken windows and repair the noor and ceiling damage on the inside of the unit on or before Febuary 24,2019 or a fine of $100.00 per day will be imposed br each day the violation remains thereafter and pay operational costs for the prosecution of this case in the amount of $60.19 on or before February 24,2019. - HB Relnspedion JohnConnetta 2J20t2019 2t20no19 Non- Compliant 22012019 On site Molation remains. Case has b€en to hearing and Property Owner has until2l24l20'l9lo abated the violation or fines will begin to accrue. Wll continue to monitor. R/c Jc16 Post Hearing Re-lnspeclion JohnConnetta 2125t2019 3t4t2019 Non- Compliant 3/4/20'19 On site Violation remains. See attached photos. An CEB Affidavit of Non- Compliance wall be generated and foMard to Helen Buchillon for processing. Fyc Jc16 Generate Hearing Results Notice (cE) HelenBuchillo n 3t1t2019 3t2912019 Complete Findings of Fact Order attached, OR 5603 PG 2101 - HB Update Picture(s)JohnConnetla 3t4t2019 3t4t2019 Complete Re-lnspeclion JohnConnetta 3t21t20'19 3119t2019 Non- Compliant 3/182019 On site Violation remains. Case has been to hearing and is accruing a daily fines. No change in ownership and no permits issued. Vvhen lasted spoke with Property Owner he had hired a Contraclor who was going to apply for demo pemit and remove the struc{ure from the property. Violation remains and will continue to monitor. Fyc JC16 Not Applacable JohnConnetta 3t21t2019 3t19t2019 Not Required CE Manager Case Review letourneauj 4t9t2019 4t9t2015 Complete Please review and inform me if we need to schedule for the April 26, 2019 CEB IOF Hearing - HB Please schedule for lOF. Jt#34 Generate Hearing Notice (CE)HelenBuchillo n 4t9t2019 4tgt2019 Complete Hearing Notice SerYice/Posting JohnConnetta 4t9t2019 4t11t2019 Complete Last day to post is April 15, 2019 - HB 4/112019 Posted the prop€rty and the Collier County Courthouse with a copy of the cEB IOF Hearing Notice dated for Apnl 26th 2019. Photos taken and attached to the case. An affidavit of posting will also be generated and attached to the case. RYc JC16 CE Mailing HelenBuchillo n 4t1',tD019 4111t2019 Complete NOH for the April 26, 201S CEB IOF Hearing sent regular mail, evidence packet sent certified - HB Business Management & Budget Office t) Code Case Details Execution Date 51612020 11:49:30 AM Desc Assigned Required Completed Outcome Comments Schedule Case for Hearing HelenBuchillo n 4t't1t2019 4t9t2019 Complete Case scheduled for the April 26, 2019 CEB IOF Hearing - HB Affi davat of Service/Posting JohnConnetta 411112019 4t12t2019 Attach Picture(s)JohnConnetta 4t1112019 4111120't9 JohnConnetta 4t19t2019 4t19nO19 Non- Compliant $2$19 Please inform me if we need to bring case back to Hearing - HB 4/19/2019 On site Molation remains. Case has been to CEB hearing and accruing fines daily. Case is scheduled for CEB IOF Hearing on 4/26/2019. Wll continue to monitor. Ryc JC16. Pre Hearing lnspec{ion JohnConnetta 4t25t2019 4t2512019 Complete 4/2512019 On site violalion remains. Case is scheduled icr CEB IOF Hearing on 4/26/2019 There is no change in ownership and no permits issued. Fines continue to accrue. Wll continue to monitor. FUc JC16 Record Hearing Results ElenaGonzale z 4t30t2019 5t912019 Complete Respondent present. Motion tor lmposition of FineVLiens is Granted lOF. EMG Generate Hearing Results Notice (cE) ElenaGonzale z 5t9t2019 6t17t2019 Complete Attached recorded order OR5639 PG216'l EMG Not Applicable JohnConnetta 5t9t2019 5i9/2019 Not Required Re.lnspeclion JohnConnetta 5/18/2019 5t16t2019 Non- Compliant 5/16/20'19 On site Violation remains. Case has been to hearing and is acsuing fines daily. No contacl from Property Owner. Wll continue to monitor. RYc JC'16 CE Phone Call KimberlyBran des 6t1412019 6t'14t2019 Complete Call: Smin KB Caller checking status of case. Read updates. /KB Re.lnspeclion JohnConnetta 6/'19/2019 6t19t20'19 Non- Compliant 6/1912019 On site observed that the Property Owner or someone is demolishing the struclure without first obtaining a Collier County Building Permit. No contraclor or Property Owner on site. Contrac{or Licensing Tim Meulenberg was on site and issued a stop work order. See attached photos. Case has been to hearing and is accruing a daily fines. Wll attempt to contacl the Property Owner on the status of the Contraclor and permit issue. FYc JC16 Attach Piclure(s)JohnConnetta 6t19t20't9 6t20t2019 Complete CE Staff Review JohnConnetta 6t20t2019 6t20t2019 Complete 6/2012019 Found email address for the Property Owner Milan. Emailwas sent to Rev.Milan@gmail.com for hime to call me at 23928G7029. FYc JC16 CE Phone Call JohnConnetta 6t20t2019 6t20t2019 Complete 620/2019 Spoke with Property Owner Milan 727-25G9100 who stated that he hired a new Contraclor who will apply icr a demolition permit within the next couple of days to emove the struclure and debris from the property. He was advise no further work until a demolition permit has been issued. Ryc JC16. Business Management & Budget Office 7 Complete Complete Re-lnspeclion Oesc Assigred Required Completed Outcome Comments CE Phone Call KimberlyBran des 6t24t2019 6t28/2019 Complete Call: smin KB Caller checking status of case. Read updates. Caller requested to speak with investigator to get details of what they expect for next site visit and see about their @ncem of demo in progress and on hold for past 3 weeks and concern because its neither up nor down. /KB CE Phone Call KimberlyBran des 7 t2J2019 7t22019 Complete Call: smin KB Caller checking status of case. Read updates Caller will call back./KB KimberlyBran des 7 t9t2019 719t20't9 Complete Call: Smin KB Caller checking status of case- was wanting to place complarnt on the demo and leaving material behind -found this case open. Read updates provided case number./KB JohnConnetta 7t10t2019 7t8t2019 Non- Compliant 7/8/2019 A check on Cityview Permitting revealed that the Property Owner hired a Contraclor who applied for Oemolition Permit #PR8D20190728589 to remove the debris from the property at 835 and 839 104th Ave N. Naples Park. \Mll continue to monitor. R/c JC'16 Attach Piclure(s)JohnConnetta 7115t2019 7t15120'19 Complete Re-lnspedion JohnConnetta 7t19t2019 7t17nO19 Non- Compliant 7/1712019 On site observed that the structure is completely down and that the crew is removing the debris fom the property. All of the debris should be removed within the nelit couple of days. Will continue to monitor icr CO. tuc JC16 Relnspeclion JohnConnetta 8117t2019 8i 15/2019 Non- Compliant 8/15/2019 On site violation remains. Spoke with Contractor (Troy) who stated that he wjll call in for the final inspection next week to have the demo permit Coed. RYc JC16. R+lnspedion JohnConnetta 8t28t2019 8t27 t2019 Non- Compliant 8/2712019 On site violation remains. Property Owner has hired a contractor who obtained a demo p€rmit and removed the struclure ftom the property. The demo permit is still pending the final inspedion and CO before the case can be closed. Vvill continue to monitor. R/c JC l6. Re.lnspection JohnConnetta 9t27 t2019 9t25t2019 Non- Compliant 9/2412019 On sile Violation remains. Property Owner hired Apex Demolition to demo the strucrure on the property. The struclure has been removed from the property but the permit is pending its fnal inspec{ion and CO. Wll continue to monitor. R/c JC16. Re-lnspeclion JohnConnetta 10t26t2019 10t28t2019 Non- Compliant 10/281/2019 On site violation remains. The strudure has been demo. The perm( remarns valid pending final inspection. Spoke with Contraclor who stated that he will have the dumpster removed frotn the property and call an icr the final inspeclion. R/c JC16 JohnConnetta 11n8t2019 11t26t2019 Non- Compliant '1112612019 On site violation remains. The strudure has been demo but is pending the fnal inspeclion on the permit. Case has been to hearing and is accruing a daily fine. Vvill continue to monitor. RYc JC16. I Code Case Details Execution Dale 51612020 11:49:30 AM CE Phone Call Re-lnspection Re-lnspeclion Business Management & Budget Office Code Case Details Execution Oale 51612020 11:49:30 AM Deac Assigned Required Completed Outcome Comments Re-lnspectron JohnConnetta 1tu2020 1t2/2020 Non- Compliant 1l2l2O2O A cjr.ed< on City View Permittjng website revealed that the permit has not received the CO and is due to expire on 'l18/2020. Telephoned the Contraclor Troy and advised him ot the situation and he stated that he would take care of the issue. Vvill continue to monitor. FYc JC16 JohnConnetta 119t2020 't t912020 Non- Compliant 1/9/2020 On site observed that the structure has been demo. The permit is now expared due to Contraclor error in not submitting the Notice of Commencement to be recorded by the Clerk of Courts. Case has been to hearing and will continue to accrue a daily fine pending the CO on the demolition permit. Wll continue to monitor. RYc JC16 Rslnspeclion JohnConnetta 1t16t2020 th6no20 Non- Compliant 1/16/2020 A check on City View revealed that the Demo permit is now expired without the CO being issued. Telephoned the Contractor Troy at 23S253-059'l and left voice message. Telephoned the Property Owner Milan Jovanic a|727-250-910O and advised him the permit is expired without the CO and the case is scheduled for CEB IOF Hearing on 1/6/2020. Milan stated he would contact Troy to get this issue resolved. Fyc JC16. Re.lnspeclion 2t6t2020 2J612020 Non- Compliant 2612020 On site violation remains. The structure has been demo. The permit remain aclive pending a final inspection, Case has been to hearing and is accruing a daily fine. Will continue to monitor. RYc JC'16. Enter Case Disposition JohnConnetta 316t2020 316t2020 Complete Veriry Condations & Close Case christopheram bach 3t6t2020 3t10t2020 Complete R+lnspeciion JohnConnetta 3nt2020 3t612020 Compliant 3/6/2020 A check on Cityview Permitting website revealed that the Demolition Permit was Coed on 212412020. Therefore. the violation has been abated and the case will be closed. An OSM Affdavit of Compliance will be generated and forwarded to Helen Buchillon icr processing. C/c JC16. Not Applicable HelenBucfiillo n 3131t2020 3t23t2020 Not Required Ertered wlong - HB 3/9/20 On list to check if need to schedule for next CEB lOF. - HB ManeCheri 4t29t2020 4t29t2020 Complete Payoff provided to Focus Tfle Group: document attached mc Violation Description Status Entered Corrected Amount Commenta lnterior FloorMallVceiling - Dwelling Corrected 1',v712017 2t24t2020 $0 Wndows/Exterior Doors - Dwelling Conecled tnDo17 2t24t2020 $0 Roofs-Dwelling Corrected 11nDO17 2t24t2020 $0 Business Management & Budget Office I Re-lnspection JohnConnetta Lien Search/Payoff Request Code Case Details Execution Dale 51612020 11:49:30 AM Title Reason Reault Compliance Fine/Day Condition Code Enforcement Board Hearing 01t24t2019 Code Revaew Guilty $0 CEB Ops cost - HB Code Eniorcement Board Hearing on 04t26t2019 lmposition of Fines Guilty $100 CEB IOF Ops cost -HB Business Management & Budget Office 10