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
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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
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tcense as
2019. bv Roben
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Kaufman, Chair
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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
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,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