Agenda 07/13/2021 Item #16A12 (Release of Lien - Barancyk)07/13/2021
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien, with an accrued value of
$62,600 for payment of $700 in the code enforcement action titled Board of County Commissioners
v. Chad Barancyk, relating to property located at 1974 Countess Ct, Collier County, Florida.
OBJECTIVE: That the Board of County Commissioners accept an offer to release a code enforcement
lien with an accrued value of $62,600 for payment of $700, in relation to Code Enforcement Board Case
No. CEPM20180008642.
CONSIDERATIONS: The Code Enforcement Board ordered the imposition of a lien against Chad
Barancyk, in Case No. CEPM20180008642, for a code violation at 1974 Countess Ct. The violation was
based upon a swimming pool without an approved safety barrier on the property. The lien was recorded
in the Official Records on March 20, 2020, at O.R. Book 5742, Page 257. The lien amount of $62,600 is
based on 313 days of accrued fines ($200 per day from April 25, 2019 through March 2, 2020). The
property was brought into compliance on March 2, 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 property 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. When Hurricane Irma damaged the Barancyk family home
and pool cage in 2017, Mr. Barancyk hired a contractor to complete the pool safety barrier and add an
addition to the home for their growing family. Unfortunately, the contractor accepted a substantial
amount of money for the contract, left town without completing the project, and went out of business.
Mr. Barancyk has demonstrated good faith effort to achieve compliance by taking on the projects himself.
He nearly depleted the family savings, as costs were approximately $350,000, more than double the
estimate received from the defunct contractor. It took a substantial amount of time and commitment, with
multiple meetings with the Imperial Golf Estates Homeowners Association, the HOA attorney, acquiring
supplies, obtaining required permits, and the entire construction process. Mr. Barancyk believed they
were no longer accruing fines once the permits were issued, operational costs paid, and the installation of
the safety barrier was complete. The property is being actively maintained and $700 has been paid in
settlement of fines. The owner is requesting a wai ver of $61,900 in accrued fines, see attached hardship
letter as required. There are no known violations.
FISCAL IMPACT: Payment of $700 in settlement of fines and costs has been made. If approved by the
Board, accrued fines in the amount of $61,900 would be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
LEGAL CONSIDERATIONS: The County Attorney’s Office has reviewed this item and approved it
as to form and legality. Majority support is required for approval. This item conforms to the Board’s
policy contained in Resolution 2012-46. -CAK
RECOMMENDATION: To waive the fines in the amount of $61,900, accept the settlement payment
amount of $700, and authorize the Chairman to sign the attached release and satisfaction of lien for
recording in the Official Public Records.
Prepared by: Michael Ossorio, Director, Code Enforcement Division
16.A.12
Packet Pg. 580
07/13/2021
ATTACHMENT(S)
1. Owner Letter (PDF)
2. Backup Documents (PDF)
3. Lien Order (PDF)
4. Release & Satisfaction of Lien (PDF)
16.A.12
Packet Pg. 581
07/13/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.12
Doc ID: 15995
Item Summary: Recommendation to approve the release of a code enforcement lien, with an
accrued value of $62,600 for payment of $700 in the code enforcement action titled Board of County
Commissioners v. Chad Barancyk, relating to property located at 1974 Countess Ct, Collier County,
Florida.
Meeting Date: 07/13/2021
Prepared by:
Title: – Code Enforcement
Name: Dana Rarey
05/19/2021 3:42 PM
Submitted by:
Title: Division Director - Code Enforcement – Code Enforcement
Name: Michael Ossorio
05/19/2021 3:42 PM
Approved By:
Review:
Code Enforcement Michael Ossorio Additional Reviewer Completed 05/20/2021 8:25 AM
Code Enforcement Colleen Davidson Additional Reviewer Completed 05/20/2021 11:38 AM
Growth Management Department Lissett DeLaRosa Growth Management Department Completed 05/21/2021 10:39 AM
Growth Management Department Lissett DeLaRosa Transportation Skipped 05/21/2021 10:39 AM
County Attorney's Office Colleen Kerins Level 2 Attorney Review Completed 05/28/2021 1:51 PM
Growth Management Department James C French Growth Management Completed 06/12/2021 12:13 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/14/2021 8:30 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/14/2021 9:23 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 06/15/2021 12:47 PM
County Manager's Office Sean Callahan Level 4 County Manager Review Completed 06/30/2021 8:11 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 07/13/2021 9:00 AM
16.A.12
Packet Pg. 582
Dear Board of County Commissioners,
I am writing to you today to plead for your assistance in resolving the Lien with the county on my
property at 1974 Countess Court in Naples for the Pool Fence Code Violation Resulting in a fine of over
561,000. This entire process has been a substantial strain on my finances and a 561,000 fine would
essentially bankrupt me. I am seeking your help and asking the board to consider my situation. My hope
is that after I explain the situation you can see that my intentions were pure in my actions to comply
with the county code.
My pool enclosure was damaged during hurricane lrma beyond repair. At that time, I was planning an
addition to our home to accommodate my growing family. I originally hired a contractor that took an
exceptionally large amount of money from us not only for this fence project but also for the addition to
the home. The contractor did not finish any ofthe project and left town with our money and is no
longer in business, so I had to take over the project as the owner builder. The entire project has cost two
times as much as originally quoted, over 5350,000 which has almost entirely depleted our savings. lt
took quite a while to obtain a permit involving county planners, the county attorney, the lmperial Golf
Estates HOA, and the HOA attorney due to an outdated easement on my property. I worked diligently
with my previous code enforcement officer, Christopher Harmon, updating him via emails on the
progress of obtaining the permit and pictures of our progress on getting the final pool code fence put
onto the property.
I met with the commissioners twice. At the first hearing I was able to explain the lengthy process
involved with getting this permit which at the time had not been issued. I did explain that I purchased
the materials but was advised by the county not to install anything until the permit had been issued.
The board was very accommodating and had seI a time for me to obtain my permit. Coincidently, one
or two days after my initial hearing with the board my permit was issued. I went to the county, paid all
the fees associated with the permit and started installation of the fence updating Code Enforcement of
my efforts. I mistakenly thought that by paying the fees associated with the permit I was complying
with all fees needed in order to start as well as finish the project including the code Hearing Fee.
When I had the second hearing with the board, unfortunately lwas not given the opportunity to explain
the situation, show the board the emails and pictures of the completed fence or granted an extension
due to the code fee I mistakenly thought I had paid. Directly after the board hearing I went to the
correct office, paid the fee and the very next day had the final inspection and approval of the fence.
16.A.12.a
Packet Pg. 583 Attachment: Owner Letter (15995 : BCC v. Chad Barancyk)
I am sincerely asking for you to please consider my request to pay the board an amount of 5700.00 to
consider this matter resolved and the lien on my home to be removed. I never had any intention of not
complying with an acceptable pool code fence on my property or disregarding any County Codes.
Respectfully,
il"l'(*
Chad Barancyk
Homeowner
1974 Countess Court
Naples, FL 34110
16.A.12.a
Packet Pg. 584 Attachment: Owner Letter (15995 : BCC v. Chad Barancyk)
Chad Barancyk
CEPM2O180008642
1974 Countess Ct Naples, FL 34110
Folio # 51441280001
Swimming poolwithout approved safety barrier
Order Items: $200/day fine x 309 days (4125119 - 2127120): $61 ,800.00, plus operational costs of
$r 19.40
Total Fines: $61,919.40
FOF Order OR 5603/PG 21 l4 recorded on 31412019
IOF Order OR 5742lPG 257 recorded on 312012020
Violation abated: 3 12120
Fines accrued after IOF:
Order Items: $200/day for 4 days (2128120 - 312120): $800.00
Total Fines Owed: $62,719.40
Deed recorded on 1014112, and case is in compliance as of 312120
Fines for Owner: $62.719.40
Operational costs of #119.40 have been paid 316120
Offer of settlement: $700 ($700 fine)
Owner with Hardship
ACCRUED VALUE:
PAYMENT OF:
TOTAL FINES TO BE WAIVED:
$62.600.00
$ 700.00
$61.900.00
16.A.12.b
Packet Pg. 585 Attachment: Backup Documents (15995 : BCC v. Chad Barancyk)
Collier County
Growth Management Divasion
2800 Horseshoe Drive N.
Naples, FL 34104
239-252-2400
RECEIPT OF PAYMENT
Payment Details:
Amount Paid:
Change / Overage:
Contact:
FEE DETAILS:
Fee Description
Code Enforcement Board
Cashier Name:
Batch Number:
Entered By;
202t841531
2021-039464
o5/06/2A27
$61,800.00
Pavment Method
Check
$700.00
$0.00
BARANCYK, CHAD
1974 COUNTESS CTNAPLES , FL 34110
Amount Paid
$700.00
Check Number
3924
Reference Number
cEPM20180008642
Orioinal
Fee
$ 61,800.00
GL Account
111- 138911-354400
Amount
Paid
$700.00
Alina Harris
10029
HelenBuchillon
Receipt Number:
Transaction Number:
Date Paid:
Amount Due:
16.A.12.b
Packet Pg. 586 Attachment: Backup Documents (15995 : BCC v. Chad Barancyk)
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Property Summary
Millage.tg15s0
Sub./Condo
Date Sook-Page
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09/12189 1469-304
03t01/87 -13s,L15
o9/o1185 1156-2291
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Site
Address*Oisclaimer
1974
COUNTESS
CT
Site City NAPLES sitffi urro
Name / Address BARANcYx' cHAD
1974 COUNTESS CT
City NAPLES
Strap N0.
3A14 418900 263A14
State FL
Sedion Tomship Range
14 1A 25
Legal IMPERIAL GOLF EST PHASE 2 LOT 26 OR 1469 PG 304
Zip 34110-1000
Affes i.IfJir*nated
0.35
Millege Rates O l-$glcslltio.ns137
418900 - IMPERIAL GOLF ESTATES PH 2
Use CodeS 1 . SINGLE FAMILY RESIDENTIAL
Latest Sales History
(Not all Saler are lisled due tB ConIid€ntiality,
2020 Certified Tax Roll
(Subiecl to Chailq€)
Land Value
Privacy Policy
Amount
$ 360,000
$ 268,s00
$ 70,000
$ 7s,000
$o
({ ) lmproved Value
(=) MarketValue
(-)
(=)
School
5.016
Other
5.7924
Total
10.8084
$ 234,601
$ 221,5s9
$ 456,260
$ 42,6s8
$ 41 3,602
(-) Hom€stead $ 25,000
(=) S.hoolTaxahle\ralue $388,602
(-) AdditlonalHomEstead S25,0O0
(=) Taxable Value g 361,602
lf.ll valutr shown abovo equal 0 th;s p.rcel wa3 .reated arter the Final
Tax bll
https://www.collierappraiser.com 1t1
Collier County Property Apprai-Cr ffaf.TtrilllGffiBT
GIS Maps
'se.rch Datebeie I
I
€hange of Addrers
Aerial Frl!':n':fiEs Trim Notices
Pareel No 5144'1280001
16.A.12.b
Packet Pg. 587 Attachment: Backup Documents (15995 : BCC v. Chad Barancyk)
Historrr 0rrner
Hist,trir Owner
VIRGINI.q x, Adsr*ss: tB74 COU
KELLOGG,VIRGiTIC U, A"JCress: i974 COU
BAR&trl{yK, CH&f,,, Aidrets : 1974 COUNTESHist,:r-ic 0r,vn€r
-ttier*i rtltrts on this FrontrEv Open &l*rts; B Add a nev; o*r$*n or busrnesi t* Addres( Book
$hour hte
i*r*rxlt i,nr*unt Fard .*_Q*tsf*gj^
s 6[.05 s 60.05 03jil6,120?0C,:sts {CEB,l
Costs {CEB)
Structursl Fee - R.*trdentrai - AF,f.,irartr$fi {'-J.Br;*i:*q
s 55.00 r)5,.'tgi?iil^ 5
5i.15
Inspertron Fee s 55"0*
StrucLural Fee Recidential - Ret'ie''q 6S, rl0
Bf,AJ 5 i.48
ULA $ ?.48
t.4*
{od* EniorcemEnt &oard 5 80s.0$
6iJ- [i.t
Structural f*e - Resr,ientu ai - ,&9tr'ircetrs,n {Vei*ai rn = q
Fee fnr Building
Fermrt Extensirin
Il6Jrrl9,tl015
( i ni'} rift 11.rfl91?*16
( 1:110i:01 ?
5 3.4S 05rr09;'2015
q 70 frr'l 0.1,i?6 r1,31*
$ 5'1,0*0 1/1 0l?c'r;
1,8 0'3. i0
q 58.0S
70.00c
(0'1. ICtT
1r.D0g:00 . 02irr9{t!1
S 126.83 02J0SI2S1
7b
Zrnin0 E^E'rier,; - Applicati*n
In:pectirn Fee
q 1fin fia'
126.83
&msurrt Ql.ring J Amnr.rnt Foid
Description
quantiq !l.oo
Fee Payablt?
Entered By
Fee Hato /
Re*pond*nt,rras pr6sent, Cpde Enfarcement Board Granted IGF on February ?7, ?0?D; Fines
accrued at a rnte of $200"00 per day for 3il9 days from April 23, ?019 to February 27, ?02fl firr a
total fine amount of S61,E00"00, - HS
Date Due
Date Entered
Paid By / Tn
Parcei No.
Address{es)
Property l*forrnatia:r
Pxymentr
F,rfresh
&
&
16.A.12.b
Packet Pg. 588 Attachment: Backup Documents (15995 : BCC v. Chad Barancyk)
vs.
C()I,I,IER COUNTY, ITI,ORI DA
CODT] F]N F'ORCEMENT BOARD
cEB {:ASE N0. C l:P11201n00086.t2
C:OLLIER COUNTY
BOARD OF CCIUNTY COMMISSIONERS. Petitronr:r
BARANCYK, CIHAD, Dei'endant(s)
AT'T'IDA\TIT OT CO${PLIANCE
STATE C}F TLORIDA
COT]NTY OF COLLIER
BEFORE ME, thc undcrsigncd authority, p*rsonally appearecl Eric Short, C'odc Enlbrccmenl Olhcial ltrr thc Codc
Enforcenrent Eoard r:f Collicr County, who after being fully sworn. dcposes and says:
l. That on January 24, 2019. thc L'ode Enlorccntent B,oard held a hearing and isstted an Ord*r in thc abnvc-stylcd
matter ancl stated that Det'cndant(s) was to ahate all violationri as stated in the Ordcr rccorded in the public
records of Collier County, Florida in OR Book 5603 PG 2l I4. et. scq-
?. That the respondent did contact thc invcstigator
3. That a rc-inspcction was perfbrmed on March l'7.?0?0.
4. That the re-inspectirrn(s) rcl'ualed that thc corrcctivc aclion ordercd by thc Codc Enlorccment Board is in
compliancc as of March 02. 2020
FURTHER AFFIANT SAYITH NOT
DATED this lTth dty of N'{arch. l0?0
COLLIER COUNTY, FLORIDA
CODE ENFORCNMENT BOARI)
(rJ't---
\Y. Eric Short
Code Enforcement Official
Srvorn to (or affirmcd) and $ubscribed betbre me by means
this- \J 'day or H*r{*fr , 20*$hy Erir: shon,1 -
tlJ',!L*P= "1.]-
STATE OF FLORIDA
COUNTY OF COLLIER
(Signature of Notary Public)
(PrinlTypc/Stamp Commissioncd Namc eil' Notary Puhlic)
Pcrsonally knorvn Y
of/physical presence or * online notarization.
.l'^].f';:."ri" #':,i#i:
IiEtEN BUC},iiLLON
itn:nission * GS 10462g
Ir)i:gs l,.!ai 1c, 2i]21
:.*ai j rn, 1t.,.!,,f lli,r.r, ltn,ritri
16.A.12.b
Packet Pg. 589 Attachment: Backup Documents (15995 : BCC v. Chad Barancyk)
GOLLIER GOUNTY
BOARD OF GOUNTY GOMMISSIONERS
GERTIFIGATE OF GOMPLETION
This Certificate is issued pursuant to the requirements of the Florida Building Code certifying that at the time of
issuance this structure was in compliance with the various ordinances of the county regulating building construction
or use. For the following:
PERMIT NBR: PRBD2ol90207l950l CO NBR: STATUS: Finaled
CO TYPE: COMP ISSUED DATE: March 02,2020
ADDRESS: 1974 Countess CT, Naples
SUBDIVISION:
LOT: BLOCK: T.R.S.:
SLUC CODE: UTILITY COMPANY:
JOB DESC: POOL CODE FENCING TO REPLACE THE POOL SCREEN ENCLOSURE.43 INCH POOL
CODE ALUMINUM FENCE.3 MAGNA/ATCH GATE LOCKS. TOP PULL, SERIES 3 VERTICAL PULL WITH
TRUE CLOSE HINGES. SPECS OF FENCE, HINGES, & LATCHES ARE ALLA TTACHED TO THIS
APPLICATION.
1974 Countess CT NUMBER OF METERS:
OWNER: BARANCYK,CHAD
LEGAL DESCRIPTION
IMPERIAL GOLF EST PHASE 2
LOT 26 0R 1469 PG 304
Note: A new certificate is required if the use of the building or premises is changed, or if alterations are made to
the building or property described. A new certificate voids any certificate or prior date.
16.A.12.b
Packet Pg. 590 Attachment: Backup Documents (15995 : BCC v. Chad Barancyk)
rNSTR 5678844 oR 5603 PG 2LL4 RECoRDED 3/4/20L9 9:22 AM PAGES 3
clrnr oF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA
REc s27.00
COLLIER COUNTY CODE ENFORCEMENT
CODE ENFORCEMENT BOARD
Case No. - CEPM20180008642
BOARD OF
COLLIER
Petitioner,
vs.
CHAD BARANCYK,
Respondent.
THIS CAUSE came on for public the Code Enforcement Board (the "Board") on January 24,
2019, and the Board, having heard received evidence and heard argument respective to all
appropriate matters, hereupon issues its usions of Larv, and Order ofthe Board as follorvs:
l. Respondent, CHAD BARANCYK, is the property(the "Property'').
certified mail and posting, appeared at thc2. Respondent, having been notified of the date
public hearing.
3. At the hearing, Respondent entered into a attached hereto as Exhibit "A". The
Stipulation is adopted and incorporated into this Order,is ordered to comply.
4. The property located at 1974 Countess Court, Naples, FL,51441280001 (Legal Description:
l.t
tn
a,i
Based upon the foregoing facts, the Board makes the following Conclusions of Larv:
6. All notices rvere properly and timely issued, and the Board has jurisdiction pursuant to Chapter 162,
Florida Statutes, and Chapter 2, Article IX, Code of Laws and Ordinances of Collier County, Florida.
7. The preponderance of the evidence shows that a violation Section 454.2.17.1.1 through 454.2.17.1 .15 of
the Florida Building Code, Sixth Edition (2017), as adopted by reference in Section 22-26,Code of Laws
and Ordinances of Collier County, Florida, does exist, and that Respondent committed, and was responsible
for maintaining or allowing the violations to continue as of the date of this hearing.
ORDER
through 454.2.17.1.15 of the Florida Code, Sixth as
Srvimming pool on residentially zoned
5.Theviolationhasnotbeenabatedasofthedateofthepublichearing .i ,}
16.A.12.b
Packet Pg. 591 Attachment: Backup Documents (15995 : BCC v. Chad Barancyk)
oR 5603 P6 2115
Based upon the foregoing Findings ofFact and Conclusions ofLarv, and puNuant lo the authority granted
in Chapter 162, Florida Statutes, and Chapter 2, Article lX, Code ofLaws and Ordinanccs ofCollier County,
Florida, it is hereby ORDERED that:
A. Respondent is found guilty of violating Section 454.2.17.1.1 through 454.2.17.1.15 ofthe Florida Building
Code, sixth Edition (2017), as adopled by reference in Section 22-26, Code of Laws and ordinances of
Collier County, FIorida.
Respondent must abate the violation by erecting, fixing, or repairing an approved pool banier to avoid
safety concemsd AND/OR Respondent shall apply for and obtain all applicable Collier County Building
Permits for,a pdrmanent pool enclosure and/or protective banier, request all relatcd inspections, and receive
a Cenificate ofpdmpletion on or before April 2d,2019, or a fine ofS200.00 pcr day will be imposed for
each day the a4bl eti,on're ma ins thereafter.
IfRespondent failt.t{r'cofiiply with this Order, Collier County may abate the violation using any method to
bring the violation intojbqrpliance and may use the assistance ofthe Collier County Sherifls Office to
enforce the provisionsbfthis Order and all costs ofabatement shall be assessed to Respondent.
B
D. Respondent is ordered io pay-op6mtional costs for the prosecution of this case in the amount of 560.05 on
or before February 23,2019,!'
E. Respondent shall notify Code Enfdrtenient within 24 hours of abatemenl of the violation and request the
investigator to perform a site inspection {o confirm compliance.
DONE AND ORDERED tnh ? 2 driy o
The foregoing instrument was acknowledged before me this J 2 day iirf
a
N
Enforcement Board of Col
ho has produced a Florida
2019 at Collier County, Florida.
DE NFORCEMENT BOARD
TY, FLORIDA
STATE OF FLORIDA.,')
)SS:
COUNTY OF COLLIER)
2019, by Roben Kaufman, Chair ofthe Code
K personally known to me or _ w
lier Coudty, IDriver's I-icei
is
fication.
T4ARIEXE SERRANO
IT
shoe Drive
3.4 104
lorida,ho
se as identi
i
N PUBLIC
Comftl!.lon I GG 101193
Erplrur Sopr6hbor t7,202l
.!ri' trrnd t,& Butn rrlrry Snr..
PAYMENT
My commission expires
OF FINES:Any fines ordered to be paid pursuant to this Order may be paid ad thc Collier County
Code Enforcemenr Department, 2800 Nonh Horseshoe Drive, Naples, FL 34104, Phone: (2]9) X2-2440, Website:
wrvw.colliergov.net. Any release of lien or confirmation of compliance or confirmation o1 the satisfaction of the
obligations ofthis Order may also be obtained at this location.
APPEAL: Any aggrieved party may appeal a final order ofthe Boardtothe Circuit Court within thiny (30) days of
the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limiled to appellate
review of the record created within the original hearing. lt is lhe responsibility of the appealing party to obtain a
transcribed record ofthe hearing from the Clerk ofCouns. Filing an Appcal will not automatically stay the Board's
Order.
CENTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and conect c this ORDER has bccn scnt by U. S. Mail to Chad Barancyk, 1974
20)9Countess Courl. Naples, FL 34110. this a2 day of
of
En I Official
c.
16.A.12.b
Packet Pg. 592 Attachment: Backup Documents (15995 : BCC v. Chad Barancyk)
*** oR 5603 PG 2116 ***
BOARD OF COUNW COMMISSIONERS
Collier County, Florida
Petitioner,
or (sign)
Respondent or presentative (print)
C E,g(nu,
Supervisor
for Michael Ossorio, Director
Code Enforcement Division
4q
vs. Case No. CEpM2oi 80008642
Chad Barancyk
Respondent(s),
{
,/ : .I STIPULATION/AGREEMENT,/,
!..
Before.me, the undersigned, Chld Barancyk, on behalf of himself, enters into lhis Slipulation and Agreementwith Collier County as to the.res6lulion of Notices of violation in reierence 6ase1 num6er CEFtuzot eooogoqzdated the sth day of September 2918.-
This agreement is subiect to the approva] _of lhe Code Enforcement. Board. lf it is not approved, the case maybe heard on lhe scheduled Hearinli !ite, therefore it is strongly recommended that tne responoent orrepresentative attend the Hearing. I
c..
R
Date
l^ zv-2ot?
r<
Date
'2_)t1
REV 3-29-16
ln consideration of the disposition and matters oullined in said Notice(s) of Molation for whicha hearing is cunently scheduled for promote efficiency in the administration of the codeenforcement process; and to obtain a quick'and €xpeditious resolution of the matters oullined therein theparties hereto agree as follows:
res6lutiqn.of the
01-24-2019; to
1) The violations noted in the referenced Notice
and that I have been properly notified pursuant to Slatute 162.
THEREFORE, it is agreed
are accurate and I stipulate to their existence,
prosecution of this case wilhin 301)
2)
Pay operational costs in the amount of $60.05
days of this hearing.
by;
obtain applicable permits for barrier and follorv through to
ccrtificate of complerion. within 90 days of this
imposed until the violation is abated.
fine of $200.00 per day wilt beora
3) Respondent must notify Code Enforcement within 24 hours of of the violation and request
the compliance.
holiday, Den lhe nolllairton mult be made on the next day 0ra! B not a Sstuday, Sundayoftegat hotiday.)
4) That if the using any methodto bring the into compliance and may use the assistance of the Sheriffs Office
owner,
ons
16.A.12.b
Packet Pg. 593 Attachment: Backup Documents (15995 : BCC v. Chad Barancyk)
rNSTR 5845633 oR 5742 PG 257 RECoRDED 3/20/2O2O 1:21 PM PAGES 2
CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA
REc $18. 50
CoLLIER COUNTY CODE ENEORCEMENT
CODE ENFORCEMENT BOARD
Case No. - CEPM2O180008642
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner, I
"'"' 'i -r!''vs.'"' i
CHAD BARANCYK, .,. --.,I
,.-/. '.:
Respondent.
-,', .J
oRpE&or THE copE ENFORCEMENT BOARD
ln
l. On January 24,2019, Respondent CHAD
through 454.2.17. L I 5 of the Florida Building
2?-26, Cade of Laws and Ordinances of Collier
Countess Ct, Naples, FL, Folio No. 514412
LOT 26 OR 1469 PG 304, aod hereinafter
was found guilry of violating Section 454.2.17.1
Edition (2017), as adopted by reference in Section
on the subject property located at 1974
IMPERIAL GOLF EST PHASE 2
in the following particulars:
3. Respondent, having been notified ofthe date ofhearing by certifiedftrail, iosting and/or personal service,
lt
4. Operational costs in the amount of $60.05 previously incurred by Petitioner ip'the prosecution of this case
have not been paid, -." '-._..i
,
5. Operational costs in the amount of $59.35 have been incurred by Petitioner for this heat'ing.
6. The violations have not been abated as ofthe date ofthis hearing.
CONCLUSIONS OF LAW
Based upon the foregoing facts, the Board makes the following Conclusions of Law:
j . All notices were properly and timely issued, and the Board has jurisdiction pursuant to Chapter 162, Florida
Statutes, and Chapter 2, Article IX, Code of Laws and Ordinances of Collier County, Florida.
8. Pursuant to Section 162.09, Florida Statutes, Petitioner has demonstrated by the preponderance of the
evidence that accrued fines and costs shall be imposed against Respondent.
ORDER
THIS CAUSE came before the Cpde Enforcement Board (the "Board") for public hearing on February 27,
2020, upon the petitioner's Motion for Imfositidr o.f Finesiliens, and the Board, having heard testimony under oath,
received evidence and heard argument respectivo to all appropriate matters, hereupon issues its Findings of Fact,
Conclusions of Law, and Order of the Board as:nollows:
Swimming pool on residentially zoned
I
2. On February 22,2019, the Board issued its
before April 24,2019, or a fine
PG 2r r4).thereafter until abatement was confirmed (A
16.A.12.b
Packet Pg. 594 Attachment: Backup Documents (15995 : BCC v. Chad Barancyk)
*** OR 5742 PG 258 ***
Based upon the foregoing Findings of Fact and Conclusions ofLaw, and pursuant to the authority granted in
Chapter 162, Florida stut"t.r] uniChaptei 2, Article IX, Code of Laws and Ordinances of Collier County, Florida, it
is hereby ORDERED that:
A. Petitioner's Motion for Imposition of Fines/Liens is GRANTED'
B. Daily fines of $200.00 per day are assessed and imposed against Respondent for 309 days for the period from
epril 25, 20 19, 6 February 27, 2020, for a total fine amount of $6 l'800'00'
c. Respondent shaJl pay operational costs in the total amount of $ I I 9.40.
,t!D, Respondeiit shall$ay.fines and costs in the total arnount of $61,919.40 or be subject to Notice of Assessment
of Lien agair(i flilroSerties owned by Respondent in Collier County, Ftorida'
E. The daily finesof$dio.0o shall continue to accrue until abatement has been confirmed by a Collier County
Code Enforcement Invgstig,ator.
DONE AND oRDERED this JZIouv
r
,riitt.J"
STATE OF FLORIDA
COUNTY OF COLLIER
The instrument was
this
Board Collier County, Florida.
2A20 at Collier County' Florida.
CODE ENFORCEMENT BOARD
or E online notarization,
Collier County
Public - State of Florida
*/+ersonally
Known
/Type ofldentification
OR fl Produced ldentification
Produced
,.BYPor. SAYLYSCOUTINsi:r* commlssion#GG921741*,ffij jfflffi:il*3j:.1
,Compissioned Name of Notary
,' (hinVType/Stamp)
Public
at the Collier County Code
(239) ?52-2440, Website
of the satisfaction of the
APPEAL: Any aggrieved party may appeal a final order of the Board to the Circuit thirry (30) days of
to appellate review
the execution of the Order appealed. An appeal shall not be a hearing de novo, but
of the record created within the original hearing It is the responsib ility of the appealing PartY a transcribed
record of the hearing from the Cterk of Courts' Filing an appeal will not automatically stay
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct this been sent by U.S.
Chad Barancyk,lgl4 Countess Ct, Naples, FL 34110' on
l, Cqttal K. Kinzel,
rl;. 1 r'*1.;y cgrfl Iha!corec{
.)
l
{t'.i'v.t'ji i,."
Departrnent, 2800 North Horseshoe Drive, NaPles, FL
www.colliergov.net. AnY release of lien or confirmation of compliance or
obligations of this Order may also be obtained at this locatiotr.
16.A.12.b
Packet Pg. 595 Attachment: Backup Documents (15995 : BCC v. Chad Barancyk)
rNSTR 5845633 oR 5742 PG 257 RECoRDED 3/20/2020 l-:21 PM PAGES 2
CLERK OF THE CTRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA
REc $18.50
COLLIER COUNTY CODE ENFORCEMENT
CODE ENFORCEMENT BOARD
Case No. - CEPM20180008642
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA'
Petitioner, I
,.r'' ! .r''
vs.
li
J
CHAD BARANCYK, ...."',,:; "'
Respondent.
,...' l
oniie&(ir rHr coor nNroncnrr{eNr soeno
f
1. On January 24,2019, Respondent CHAD
through 454.2.17.1.15 of the Florida Building
22-26, Code of Laws and Ordinances of Co llier
Countess Ct, Naples, FL, Folio No. 514412
LOT 26 OR 1469 PG 304, and hereinafter
7
was found guilty of violating Section 454.2.17.1
Edition (2017),as adopted by reference in Section
on the subject property located at 1974
IMPERIAL COLF EST PHASE 2
in the following particulars:
3. Respondent, having been notified of the date of hearing by certified {lrail, posting and/or personal service,
appeared at the public hearing. -'{t
4. Operational costs in the amount of $60.05 previously incurred by Petitioner ip'the prosecution of this case
^,t J,
5. Operational costs in the amount of $59.35 have been incurred by Petitioner for this heafrng.
6.Theviolationshavenotbeenabatedasofthedateofthishearing
CONCLUSIONS OF LAW
Based upon the foregoing facts, the Board makes the following Conclusions of Law:
7 . All notices were properly and timely issued, and the Board has jurisdiction pursuant to Chapter I 62, Florida
Statutes, and Chapter 2, Article IX, Code of Laws and Ordinances of Collier County, Florida.
8. pursuant to Section 162.09, Florida Statutes, Petitioner has demonstrated by the preponderance of the
evidence that accrued fines and costs shall be imposed against Respondent'
ORDER
THIS CAUSE came before the Cede E4forcement Board (the "Board") for public hearing on February 27,
2020, upon the Petitioner's Motion for Imposition of Fines/Liens, and the Board, having heard testimony under oath,
received evidence and heard argument respective to all appropriate matters, hereupon issues its Findings of Fact,
Conclusions of Law, and Order of the Board as:follows:
safety barrier.
abate the violations on or
24,2019, or a fine of $200.00 the violations remained
thereafter until abatement was PG 2l r4).
16.A.12.c
Packet Pg. 596 Attachment: Lien Order (15995 : BCC v. Chad Barancyk)
*** oR 5742 PG 258 ***
C.
D.
E
Based upon the foregoing Findings of Fact and Conclusions ofLaw, and pursuant to the authority granted in
Chapter 162, Florida statuief aniChaptei 2, Article IX, Code of Laws and Ordinances of Collier County, Florida, it
is hereby ORDERED that:
A. Petitioner's Motion for Imposition of Fines/Liens is GRANTED'
B. Daily fines of $200.00 per day are assessed and imposed against Respondent for 309 days for the period from
Rpril 25, 20 lg, 6 February 27, 2020, for a total fi ne amount of $6 1,800.00.
STATE OF FLORIDA
COUNTY OF COLLIER
The instrument was
Board Collier County, Florida.
DONE AND ORDERED this
otice of Assessment
by a Collier County
2020 at Collier CountY, Florida.
CODE ENFORCEMENT BOARD
or I online notarization,
Collier County
lfersonatly Known
/Type of Identification
APPEAL:Any aggrieved PartY
I HEREBY CERTIFY that a true and correct
Chad Barancyk,1974 Countess Ct, Naples, FL 34110,
may appeal a final order of the Board to the Circuit
Public - State of Florida
Name of Notary Public
(PrinUType/Stamp)
at the Collier County Code
(239) 252-2440, Website:
of the satisfaction of the
thirty (30) days of
to appellate review
a transcribed
OR I Produced Identification
'ffimm**:,*
the execution ofthe Order appealed. An aPPeal shall not be a hearing de novo, but
of the record created within the original hearing. It is the responsibility ofthe appealing party
record of the hearing from the Clerk of Courts. Filing an appeal will not automaticallv stav thie Order.
CERTIFICATE OF SERVICE
qg '"1 +.i';i 'i,--
County
t?
c0rre6{
l, Crystal K. l(n:el,
ol'l
this been sent by U.S..to
the total amount of $ I I 9.40.
Florida.
,
i
f'
,; "/
2020,by
Produced
Depanment, 2800 North Horseshoe Drive, NaPles, FL
Any release of lien or confirmation of compliance
obtained at this location.
16.A.12.c
Packet Pg. 597 Attachment: Lien Order (15995 : BCC v. Chad Barancyk)
16.A.12.d
Packet Pg. 598 Attachment: Release & Satisfaction of Lien (15995 : BCC v. Chad Barancyk)