The claim of JP Morsko dobro that the public invitation to lease the location of the "Apolon" terrace in Tivat from June 16, 2020 is a repeated invitation is incorrect. It is the first announcement of a public auction since January 1, 2020, and let Morsko do bring proof that an earlier invitation was published and it failed.
This is stated, among other things, in the reaction of the lawyer Ratko Pantović, who accused the state enterprise and the communal inspection of a series of illegal actions.
The marine property has asked the Ministry of Sustainable Development and Tourism (MORT), i.e. the Municipal Inspection of the Municipality of Tivat, to act in accordance with the law and release the location of a temporary terrace facility in the marine property area on the city's Pine waterfront in Tivat, which was used by a cafe several years ago. "Apolon" owned by Pantović.
On August 14, MORT ordered the Communal Inspection of the Municipality to carry out an inspection regarding the use of the location of the disputed terrace from the aspect of having a valid contract for its lease, and to act in accordance with the law.
To date, however, the furniture of the cafe "Apolon" has not been removed from the disputed terrace because its owner Pantović contested the legal validity of the last tender in which Morsko dobro leased this location to the company "Nemesis" from Pogorica, the owner of the neighboring small hotel "Astoria".
"Given that this is the first invitation, the company "Nemesis" had no right to bid, regardless of whether I participated in the bidding or not. That rule applies to all terraces from Ulcinj to Igalo. "Never since the existence of JP Morsko dobro has it happened that a terrace in front of someone else's bar has been rented out," Pantović said. He stated that he initiated a lawsuit for annulment of the contract with the company "Nemesis" before the Basic Court in Kotor with a proposal for a temporary measure, which is why, as he states, the authority that conducts the administrative procedure - removal of the terrace is obliged by law to stop the procedure until solve the previous question. "The municipal inspection of the municipality of Tivat is also not competent to remove the terrace. The Law on Construction of Buildings decisively states that temporary buildings, devices and equipment are objects whose installation, i.e. construction, is not defined by a planning document. The reaction of the communal police is a criminal offense, as is the renting out of the terrace to Dragan Perović, from whom I am suffering unprecedented pressure," said Pantović.
He claims that Morsko dobro was obliged to terminate the contract with Perović for the terrace in front of the hotel "Astoria" because, contrary to the UTA, he installed a metal awning instead of a parasol.
"After our report, a new UTU was issued to Perović within 15 days to legally cover the installation of the awning, which represents a new criminal offense of the Maritime Dobor officer. "Instead of terminating the contract with Perović, MD leases our terrace to him", announced Pantović.
He explained that on September 7, 2017, he concluded an agreement on the sale of real estate with "Heta assets resolution" Podgorica at the notary Verica Knežević, and that after two years "Heta assets resolution" sold the real estate again to Perović.
"There is no management board decision or consent for that sale. "Even the board of directors does not know to this day that the real estate was sold again, nor were the owners of Heta assets resolution informed about it, and they even falsified the termination of the contract with me," said Pantović, who filed a lawsuit for the termination of the contract between "Heta" and Perović.
He states that after that, Perović initiated proceedings for the eviction of the immovable property before the municipality of Tivat.
"It is clear to the layman that the procedures for the eviction of the "Apolon" bar and the removal of the terrace must be stopped while the lawsuits are settled. Everything else represents illegal actions and criminal acts of the acting authorities. Depending on the court's decision, we will decide whether we will move out of the premises ourselves or stay there. It is unclear why unprecedented pressure is exerted and there is a rush to evict when there are no legal reasons for it. We have informed and warned all relevant inspections and special prosecutor Milivoj Katnić about everything".
Inspection: We received the item only on August 17
Regarding the text "Inspections to hand over the terrace to Astoria", the Directorate for Inspection Affairs of the Municipality of Tivat responded. We transmit the reaction in its entirety:
"On August 17, 8, the Directorate for Inspection Affairs of the Municipality of Tivat was forwarded an initiative for the handling of JP "Morsko dobro" by Novak Lakušić, inspector coordinator of the Ministry of Sustainable Development and Tourism, where it is stated that a number of irregularities in the area of the Pine promenade, location 2020 from the Program of temporary facilities for the Municipality of Tivat, where the terrace of the "Apolon" hospitality facility was put into operation, and that for the said location a contract of use was concluded with "Nemesis" DOO Podgorica with JP "Morsko dobro" on July 6.11, 17. Acting on his official duty, and in connection with the aforementioned initiative, the municipal inspector, in accordance with the powers from Article 7a of the new Law on Spatial Planning and Building Construction, on August 2020, 202, carried out an inspection regarding the fulfillment of the conditions for the installation of a temporary facility-terrace of a catering of the "Apolon" facility, where it was established that it does not have an application for the installation of a temporary facility, and the subject of supervision was instructed to remove the terrace in question within the given period, otherwise a decision on removal will be made and the terrace will be removed within the period prescribed by the Law on Inspection supervision. It should be emphasized that Article 24 paragraph 8.2020 of the Law on Spatial Planning and Construction of Buildings gives the possibility to the Municipal Inspection in the local self-government unit that adopted the program of temporary buildings, to start performing inspection within three months from the date of entry into force of the Law (entered effective 222/3/14), and that the Communal Inspector, despite this legal possibility, started the subject inspection without delay", it says in the response.
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