Special Magistrate
Special MeetingDeltona, FL · April 27, 2016
Minutes
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Minutes
Special Magistrate
Wednesday, April 27, 2016 5:30 PM Deltona Commission Chambers
1. CALL TO ORDER:
The meeting was called to order at 5:30 p.m. by Special Magistrate Cino.
2. PLEDGE TO THE FLAG:
3. SPECIAL MAGISTRATE STATEMENT:
Presented by Charles Cino.
Mr. Cino has taken Judicial Notice of all City of Deltona Ordinances, State Statutes,
Florida Building and Fire Code and the International Property Maintenance Code.
4. ROLL CALL:
Special Magistrate Charles Cino present.
Hearing Clerk Dana Johnson present.
Enforcement Services Supervisor Richard Lovett was present.
5. DISCLOSURE OF EX PARTE COMMUNICATIONS:
None.
6. APPROVAL OF AGENDA & MINUTES:
A. Meeting Minutes of March 23, 2016
The Minutes of the Special Magistrate Hearing for March 23, 2016 were approved by
the Special Magistrate, Charles Cino.
7. ANNOUNCEMENTS:
The Supervisor of the Building and Enforcement Services Department stated that under
Old Business, cases(s) DEL-16-072 is/was in compliance and under New Business,
case(s) DEL-16-082, DEL-16-086, DEL-16-096, and DEL-16-108, DEL-16-109,
DEL-16-110, and DEL-16-111 were found to be in non compliance at the time of
violation, came into compliance and cases are/were dismissed, and case(s) DEL-16-084
is/was withdrawn.
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Special Magistrate Minutes April 27, 2016
8. SWEARING IN OF OFFICERS AND WITNESSESS:
Special Magistrate Charles Cino swore in all that were present to testify.
9. OLD BUSINESS:
A. DEL-15-262
Deutsche Bank
1761 E. St. Andrew Pl., Santa Ana, CA 92705
Property Address: 2487 Lackland Dr., Deltona, Florida 32738
Parcel No.: 30-18-31-32-18-0100
Violation: City of Deltona Ordinance, Section 37-8. - Security requirements.
(c) If a distressed property shows evidence of vacancy, or the property is
blighted, the property manager designated by the mortgagee shall perform
the work necessary to bring the property into compliance with the
applicable codes, and the property manager must perform regular exterior
inspections, no less often than every 30 days, to verify compliance with the
requirements of this chapter, and any other applicable laws. (Officer Steve
Braukhoff)
Third Amended Order of Non Compliance with a Hearing to Impose Fine at the July 27,
2016 Code Hearing. Attorney Andre Pekoe representing Deutsche Bank was present.
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B. DEL-16-010
Harmony Clinic
1948 Saxon Blvd., Deltona, Florida 32725
Property Address: 1948 Saxon Blvd., Deltona, Florida 32725
Parcel No.: 30-18-31-03-37-0090
Violation: City of Deltona Ordinance, Section 18-3, adopting the latest
edition of the Florida Building Code, Section 105.1, which states that any
owner, authorized agent, who intends to construct, enlarge, alter, repair,
move, demolish, or change the occupancy of a building or structure, or to
erect, install, enlarge, alter, repair, remove, convert or replace any electrical,
gas, mechanical or plumbing system, the installation of which is regulated
by this code, or to cause any such work to be done, shall first make
application to the Building Official and obtain the required permit. (Officer
Dennis Mues)
Second Amended Order of Non Compliance with a Hearing to Impose Fine at the May
25, 2016 Code Hearing. Ron Paradise, City of Deltona Planning and Zoning, H. Lester
Carrero, and Attorney Hector Cuprill were present and gave testimony.
E. DEL-16-073
Harmony Clinic
% H Lester Carrero
1948 Saxon Blvd., Deltona, Florida 32725
Property Address: 1948 Saxon Blvd., Deltona, Florida 32725
Parcel No.: 30-18-31-03-37-0090
Violation: City of Deltona Ordinance, Chapter 22, Section 22-4, which states
no person shall engage in, manage, transact, or carry on any business,
occupation or profession within the City for which there is a local business
tax required by this article or any other provisions of this Code unless such
person shall first procure a local business receipt ("receipt") to conduct the
same from the City. It shall be no defense of nonpayment of any local
business tax required by this article that the licensee did not receive any bill
or notice that the same was due from the city. (Officer Dennis Mues)
Case was continued until the May 25, 2016 Code Hearing. H. Lester Carrero, and
Attorney Hector Cuprill were present.
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C. DEL-16-059
Virgil & Lori Smith
3728 Pamona St., Deltona, Florida 32738
Property Address: 3728 Pamona St., Deltona, Florida 32738
Parcel No.: 30-18-31-62-26-0140
Violation: City of Deltona Ordinance, Section 18-3, adopting the latest
edition of the Florida Building Code, Section 105.1, which states that any
owner, authorized agent, who intends to construct, enlarge, alter, repair,
move, demolish, or change the occupancy of a building or structure, or to
erect, install, enlarge, alter, repair, remove, convert or replace any electrical,
gas, mechanical or plumbing system, the installation of which is regulated
by this code, or to cause any such work to be done, shall first make
application to the Building Official and obtain the required permit. (Officer
Julie Hughes)
Order Imposing Penalty/Lien was issued for $100.00 a day effective May 5, 2016 until in
compliance or the cap of $20,000.00 is reached.
D. DEL-16-072
Mirna L. Mazzella
611 Everett St., Deltona, Florida 32725-3216
Property Address: 611 Everett St., Deltona, Florida 32725
Parcel No.: 30-18-31-03-61-0320
18-3, adopting the latest edition of the Florida Building Code, Section 105.1,
which states that any owner, authorized agent, who intends to construct,
enlarge, alter, repair, move, demolish, or change the occupancy of a
building or structure, or to erect, install, enlarge, alter, repair, remove,
convert or replace any electrical, gas, mechanical or plumbing system, the
installation of which is regulated by this code, or to cause any such work to
be done, shall first make application to the Building Official and obtain the
required permit. (Officer Dennis Mues)
Affidavit of Compliance submitted by the officer and an Order of Compliance was signed
by the Special Magistrate.
10. NEW BUSINESS:
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Special Magistrate Minutes April 27, 2016
A. DEL-16-081
TNT Real Estate Investors & Development LLC
2651 Cedar Bluff Ln., Ocoee, FL 34761
Property Address: 1629 Bloomfield Ave., Deltona, Florida 32725
Parcel No.: 30-18-31-72-03-0080
Violation: City of Deltona Ordinance, Section 18-3, adopting the latest
edition of the Florida Building Code, Section 105.1, which states that any
owner, authorized agent, who intends to construct, enlarge, alter, repair,
move, demolish, or change the occupancy of a building or structure, or to
erect, install, enlarge, alter, repair, remove, convert or replace any electrical,
gas, mechanical or plumbing system, the installation of which is regulated
by this code, or to cause any such work to be done, shall first make
application to the Building Official and obtain the required permit. (Officer
Tray Black)
Order of Non Compliance with a Hearing to Impose Fine at the May 25, 2016 Code
Hearing.
B. DEL-16-082
Denise Donnelly
2207 Lightfoot St., Deltona, Florida 32738
Property Address: 2207 Lightfoot St., Deltona, Florida 32738
Parcel No.: 30-18-31-17-24-0050
Violation: City of Deltona Ordinance, Section 18-3, adopting the latest
edition of the Florida Building Code, Section 105.1, which states that any
owner, authorized agent, who intends to construct, enlarge, alter, repair,
move, demolish, or change the occupancy of a building or structure, or to
erect, install, enlarge, alter, repair, remove, convert or replace any electrical,
gas, mechanical or plumbing system, the installation of which is regulated
by this code, or to cause any such work to be done, shall first make
application to the Building Official and obtain the required permit (Officer
Tray Black)
Found to be in Non-Compliance, executed actions to come into Compliance and case
was Dismissed.
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Special Magistrate Minutes April 27, 2016
C. DEL-16-083
Denise Donnelly
2207 Lightfoot St., Deltona, Florida 32738
Property Address: 2207 Lightfoot St., Deltona, Florida 32738
Parcel No.: 30-18-31-17-24-0050
Violation: City of Deltona Ordinance, Section 38-110 (2), which states that
accumulations of waste, yard trash, rubble and/or debris are declared to be
a nuisance and must be abated in their entirety. (Officer Tray Black)
Order to Abate was issued by the Special Magistrate effective May 26, 2016.
D. DEL-16-084
Joel Garcia
1925 Laredo Dr., Deltona, Florida 32738
Property Address: 1925 Laredo Dr., Deltona, Florida 32738
Parcel No.: 30-18-31-68-14-0010
Violation: City of Deltona Ordinance, Section 18-5, reference to 108.1.5.9,
adopting the latest edition of the International Property Maintenance Code,
which states a building or structure, or any portion thereof, used or is
intented to be used for dwelling purposes, because of inadequate
maintenance, dilapidation, decay, damage, faulty construction or
arrangement, inadequate light, ventilation, mechanical or plumbing system,
or otherwise, is determined by the code offical to be unsanitary, unfit for
human habitation or in such a condition that is likely to cause sickness or
disease. References of the International Property Maintenance Code that
pertain to the above but not limited to: 304.6, adopting the latest edition of
the International Property Maintenance Code, which states that exterior
walls shall be free from holes, breaks, loose or rotting surfaces and the
surface properly coated where required to prevent deterioration. 304.7,
which states that the roof and flashing shall be sound, tight and not have
defects that admit rain. Roof drainage shall be adequate to prevent
dampness or deterioration in the walls or interior portion of the structure.
304.13, which states that every window, skylight, door and frame shall be
kept in sound condition, good repair and weather tight. (Officer Richard
Lovett)
Withdrawn.
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Special Magistrate Minutes April 27, 2016
E. DEL-16-086
George Lemm TR
C/O Marvin M. Robertson
2501 Q ST NW STE B21, Washington DC 20007
Property Address: 1423 N. Normandy Blvd., Deltona, Florida 32725
Parcel No.: 30-18-31-01-12-0050
Violation: City of Deltona Ordinance, Section 18-5, adopting the latest
edition of the International Property Maintenance Code, Section 304.7,
which states that the roof and flashing shall be sound, tight and not have
defects that admit rain. Roof drainage shall be adequate to prevent
dampness or deterioration in the walls or interior portion of the structure.
(Officer Julie Hughes)
Found to be in Non-Compliance, executed actions to come into Compliance and case
was Dismissed.
F. DEL-16-088
Randall & Audrey Freebersyser
1188 Lawrence Ave., Deltona, Florida 32725-5717
Property Address: 1188 Lawrence Ave., Deltona, Florida 32725
Parcel No.: 30-18-31-02-20-0170
Violation: City of Deltona Ordinance, Section 38-114, which states that
furniture outside must be designed to be placed outdoors or stored inside a
covered structure. In addition, storage of materials relating to residential
use, children's play toys, firewood, brush, logs or any other material
intended to be used in fireplaces or other permitted burning facilities, shall
be permitted only in the rear yard to the rear wall of the home. (Officer
Heather Murray)
Order of Non Compliance with a Hearing to Impose Fine at the May 25, 2016 Code
Hearing. Randall Freebersyser was present.
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G. DEL-16-089
Randall & Audrey Freebersyser
1188 Lawrence Ave., Deltona, Florida 32725-5717
Property Address: 1188 Lawrence Ave., Deltona, Florida 32725
Parcel No.: 30-18-31-02-20-0170
Violation: City of Deltona Ordinance, Section 38-110 (2), which states that
accumulations of waste, yard trash, rubble and/or debris are declared to be
a nuisance and must be abated in their entirety. (Officer Heather Murray)
Order of Non Compliance with a Hearing to Impose Fine at the May 25, 2016 Code
Hearing. Randall Freebersyser was present.
H. DEL-16-090
Ana M. Perez, TR
Ana M. Perez Living Trust
789 Trumbull St., Deltona, Florida 32725-4593
Property Address: 789 Trumbull St., Deltona, Florida 32725
Parcel No.: 30-18-31-03-42-0230
Violation: City of Deltona Ordinance, Section 18-5, adopting the latest
edition of the International Property Maintenance Code, Section 304.7,
which states that the roof and flashing shall be sound, tight and not have
defects that admit rain. Roof drainage shall be adequate to prevent
dampness or deterioration in the walls or interior portion of the structure.
(Officer Richard Lovett)
Order of Non Compliance issued by the Special Magistrate.
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Special Magistrate Minutes April 27, 2016
I. DEL-16-091
US Bank National Association
425 Walnut Street, Cincinnati, OH 45202
Property Address: 2062 Jessamine Ct., Deltona, Florida 32738
Parcel No.: 30-18-31-74-55-0260
Violation: City of Deltona Ordinance, Section 37-8. - Security requirements.
(c) If a distressed property shows evidence of vacancy, or the property is
blighted, the property manager designated by the mortgagee shall perform
the work necessary to bring the property into compliance with the
applicable codes, and the property manager must perform regular exterior
inspections, no less often than every 30 days, to verify compliance with the
requirements of this chapter, and any other applicable laws. (Officer Steve
Braukhoff)
Order of Non Compliance with a Hearing to Impose Fine at the May 25, 2016 Code
Hearing.
J. DEL-16-092
Monica Ramonita Arbello
1509 Gainesville Dr., Deltona, Florida 32725-6043
Property Address: 1509 Gainesville Dr., Deltona, Florida 32725
Parcel No.: 30-18-31-72-20-0070
Violation: City of Deltona Ordinance, Section18-5, which adopting the latest
edition of the International Property Maintenance Code, Section 302.7,
which states all accessory structures, including detached garages, fences
and walls, shall be maintained and kept in good repair and sound structural
condition. (Officer Danny Ron)
Order of Non Compliance with a Hearing to Impose Fine at the May 25, 2016 Code
Hearing.
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Special Magistrate Minutes April 27, 2016
K. DEL-16-093
Monica Ramonita Arbello
1509 Gainesville Dr., Deltona, Florida 32725-6043
Property Address: 1509 Gainesville Dr., Deltona, Florida 32725
Parcel No.: 30-18-31-72-20-0070
Violation: City of Deltona Ordinance, Section18-5, adopting the latest edition
of the International Property Maintenance Code, Section 304.7, which states
that the roof and flashing shall be sound, tight and not have defects that
admit rain. Roof drainage shall be adequate to prevent dampness or
deterioration in the walls or interior portion of the structure. (Officer Danny
Ron)
Order of Non Compliance with a Hearing to Impose Fine at the May 25, 2016 Code
Hearing.
L. DEL-16-095
Jennifer Pugliese
2938 Clovis Dr., Deltona, Florida 32738
Property Address: 2938 Clovis Dr., Deltona, Florida 32738
Parcel No.: 30-18-31-41-43-0070
Violation: City of Deltona Ordinance, Section 66-18(h), "Restrictions on
trucks and other vehicles" which states that a maximum of (2) vehicles may
be parked in the side or rear yard. (Officer Dennis Mues)
Order of Non Compliance with a Hearing to Impose Fine at the May 25, 2016 Code
Hearing. Jennifer Pugliese and Rodney Thompson were present and gave testimony.
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Special Magistrate Minutes April 27, 2016
M. DEL-16-096
Jonathan Willet Edward Hall & Chara D. Hall
1494 Courtland Blvd., Deltona, Florida 32738
Property Address: 1494 Courtland Blvd., Deltona, Florida 32738
Parcel No.: 30-18-31-47-06-0010
Violation: City of Deltona Ordinance, Section 18-5, which adopting the latest
edition of the International Property Maintenance Code, Section 302.7,
which states all accessory structures, including detached garages, fences
and walls, shall be maintained and kept in good repair and sound structural
condition. (Officer Dennis Mues)
Found to be in Non-Compliance, executed actions to come into Compliance and case
was Dismissed.
N. DEL-16-097
Larry W. Gregg
2046 Pembroke St., Deltona, Florida 32738
Property Address: 2046 Pembroke St., Deltona, Florida 32738
Parcel No.: 30-18-31-31-08-0130
Violation: City of Deltona Ordinance, Section 18-5, reference to 304.6,
adopting the latest edition of the International Property Maintenance Code,
which states that exterior walls shall be free from holes, breaks, loose or
rotting surfaces and the surface properly coated where required to prevent
deterioration. (Officer Tray Black)
Order of Non Compliance with a Hearing to Impose Fine at the May 25, 2016 Code
Hearing.
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Special Magistrate Minutes April 27, 2016
O. DEL-16-098
Larry W. Gregg
2046 Pembroke St., Deltona, Florida 32738
Property Address: 2046 Pembroke St., Deltona, Florida 32738
Parcel No.: 30-18-31-31-08-0130
Violation: City of Deltona Ordinance, Section 18-5, adopting the latest
edition of the International Property Maintenance Code, Section 304.2,
which states that all exterior surfaces, including but not limited to, doors,
door and window frames, cornices, porches, trim, balconies, decks and
fences, and shall be kept in sound working condition and maintained in
good repair. (Officer Tray Black)
Order of Non Compliance with a Hearing to Impose Fine at the May 25, 2016 Code
Hearing.
P. DEL-16-099
Anthony Miranda
1826 Belspring Ave., Deltona, Florida 32725
Property Address: 1826 Belspring Ave., Deltona, Florida 32725
Parcel No.: 30-18-31-65-04-0170
Violation: City of Deltona Ordinance, Section 38-110 (2), which states that
accumulations of waste, yard trash, rubble and/or debris are declared to be
a nuisance and must be abated in their entirety. (Officer Tray Black)
Order of Non Compliance with a Hearing to Impose Fine at the May 25, 2016 Code
Hearing.
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Special Magistrate Minutes April 27, 2016
Q. DEL-16-100
Anthony Miranda
1826 Belspring Ave., Deltona, Florida 32725
Property Address: 1826 Belspring Ave., Deltona, Florida 32725
Parcel No.: 30-18-31-65-04-0170
Violation: City of Deltona Ordinance, Section 18-3, adopting the latest
edition of the Florida Building Code, Section 105.1, which states that any
owner, authorized agent, who intends to construct, enlarge, alter, repair,
move, demolish, or change the occupancy of a building or structure, or to
erect, install, enlarge, alter, repair, remove, convert or replace any electrical,
gas, mechanical or plumbing system, the installation of which is regulated
by this code, or to cause any such work to be done, shall first make
application to the Building Official and obtain the required permit. (Officer
Tray Black)
Order of Non Compliance with a Hearing to Impose Fine at the May 25, 2016 Code
Hearing.
R. DEL-16-102
Ronald & Norma Vidaurre H&W
879 E. Fairbairn Dr., Deltona, Florida 32725
Property Address: 879 E. Fairbairn Dr., Deltona, Florida 32725
Parcel No.: 30-18-31-22-23-0120
Violation: City of Deltona Ordinance, Section 38-73. - Loud, disturbing or
unnecessary noises: (c) Thus, the following acts, among others, are
declared to be loud, disturbing and unnecessary noises in violation of this
article; but this enumeration shall not be deemed to be exclusive: (5) The
using, operating or permitting to be played, used or operated of any radio,
television, tape or record player, amplifier, musical instrument or other
machine or device used for the production, reproduction or emission of
sound. (Officer Heather Murray)
Case was continued until the May 25, 2016 Code Hearing. Ronald & Norma Vidaurre
H&W and their interpreter Oscar Soto, and Thomas Pajak and Susan Alsdorf were
present and gave testimony.
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Special Magistrate Minutes April 27, 2016
S. DEL-16-103
Constance Hollish
439 Morningview Ave., Akron, OH 44305
Property Address: 949 N. Village Dr., Deltona, Florida 32725
Parcel No.: 30-18-31-11-29-0120
Violation: City of Deltona Ordinance, Section 18-5, adopting the latest
edition of the International Property Maintenance Code, Section 304.7,
which states that the roof and flashing shall be sound, tight and not have
defects that admit rain. Roof drainage shall be adequate to prevent
dampness or deterioration in the walls or interior portion of the structure.
(Officer Tray Black)
Order of Non Compliance with a Hearing to Impose Fine at the May 25, 2016 Code
Hearing.
T. DEL-16-104
Carl & AnnMarie Matthews
2552 Vaughn Ave., Deltona, Florida 32725-2219
Property Address: 2552 Vaughn Ave., Deltona, Florida 32725
Parcel No.: 30-18-31-71-32-0190
Violation: City of Deltona Ordinance, Section 18-5 adopting the latest edition
of the International Property Maintenance Code, Section 303.1, which states
that swimming pools shall be maintained in a clean and sanitary condition,
and in good repair. (Officer Danny Ron)
Order of Non Compliance with a Hearing to Impose Fine at the May 25, 2016 Code
Hearing.
U. DEL-16-105
Carl & AnnMarie Matthews
2552 Vaughn Ave., Deltona, Florida 32725-2219
Property Address: 2552 Vaughn Ave., Deltona, Florida 32725
Parcel No.: 30-18-31-71-32-0190
Violation: City of Deltona Ordinance, Section 38-110 (2), which states that
accumulations of waste, yard trash, rubble and/or debris are declared to be
a nuisance and must be abated in their entirety. (Officer Danny Ron)
Order of Non Compliance with a Hearing to Impose Fine at the May 25, 2016 Code
Hearing.
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Special Magistrate Minutes April 27, 2016
V. DEL-16-106
Carl & AnnMarie Matthews
2552 Vaughn Ave., Deltona, Florida 32725-2219
Property Address: 2552 Vaughn Ave., Deltona, Florida 32725
Parcel No.: 30-18-31-71-32-0190
Violation: City of Deltona Ordinance, Section 18-5, which adopting the latest
edition of the International Property Maintenance Code, Section 302.7,
which states all accessory structures, including detached garages, fences
and walls, shall be maintained and kept in good repair and sound structural
condition. (Officer Danny Ron)
Order of Non Compliance with a Hearing to Impose Fine at the May 25, 2016 Code
Hearing.
W. DEL-16-108
Pearl J. Moyer
686 Comstock Dr., Deltona, Florida 32738
Property Address: 686 Comstock Dr., Deltona, Florida 32738
Parcel No.: 30-18-31-21-05-0120
Violation: City of Deltona Ordinance, Section 66-18 (e), which states that no
vehicles may be parked or stored in the front yard forward of the edge of the
principal dwelling except on the approved driveway or driveway extension.
(Officer Tray Black)
Found to be in Non-Compliance, executed actions to come into Compliance and case
was Dismissed.
X. DEL-16-109
Pearl J. Moyer
686 Comstock Dr., Deltona, Florida 32738
Property Address: 686 Comstock Dr., Deltona, Florida 32738
Parcel No.: 30-18-31-21-05-0120
Violation: City of Deltona Ordinance, Section 38-110 (1), which states that
weeds, where the greater portion of weeds on the lot exceeds 12 inches in
height, are declared to be a nuisance and must be abated in their entirety.
(Officer Tray Black)
Found to be in Non-Compliance, executed actions to come into Compliance and case
was Dismissed.
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Special Magistrate Minutes April 27, 2016
Y. DEL-16-110
Pearl J. Moyer
686 Comstock Dr., Deltona, Florida 32738
Property Address: 686 Comstock Dr., Deltona, Florida 32738
Parcel No.: 30-18-31-21-05-0120
Violation: City of Deltona Ordinance, Section 38-110 (2), which states that
accumulations of waste, yard trash, rubble and/or debris are declared to be
a nuisance and must be abated in their entirety. (Officer Tray Black)
Found to be in Non-Compliance, executed actions to come into Compliance and case
was Dismissed.
Z. DEL-16-111
Pearl J. Moyer
686 Comstock Dr., Deltona, Florida 32738
Property Address: 686 Comstock Dr., Deltona, Florida 32738
Parcel No.: 30-18-31-21-05-0120
Violation: City of Deltona Ordinance, Section 38-114, which states that
furniture outside must be designed to be placed outdoors or stored inside a
covered structure. In addition, storage of materials relating to residential
use, children's play toys, firewood, brush, logs or any other material
intended to be used in fireplaces or other permitted burning facilities, shall
be permitted only in the rear yard to the rear wall of the home. (Officer Tray
Black)
Found to be in Non-Compliance, executed actions to come into Compliance and case
was Dismissed.
11. OTHER AND REPEAT BUSINESS:
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Special Magistrate Minutes April 27, 2016
A. DEL-16-094 Repeat of DEL-15-136
Jonathan A. Hart
2373 Whitehorse St., Deltona, Florida 32738-1190
Property Address: 2373 Whitehorse St., Deltona, Florida 32738
Parcel No.: 30-18-31-35-19-0180
Violation: City of Deltona Ordinance, Section 66-18(a), which states that no
vehicle greater than 10,000 pounds manufacturer’s gross vehicle weight or
designed to carry 16 or more passengers, or requiring a commercial driver’s
license (CDL) of any endorsement to operate shall be parked or stored in
any residential or agricultural zoning district except in agricultural areas on
lots of five acres or more. (Officer Steve Braukhoff)
Order to Abate was issued by the Special Magistrate effective May 26, 2016. Jonathan
Hart was present and gave testimony.
B. DEL-16-101 Repeat of DEL-05-042
Dolores A. Heyne
1365 Indian Rock Ct., Deltona, Florida 32725
Property Address: 1365 Indian Rock Ct., Deltona, Florida 32725
Parcel No.: 30-18-31-26-13-0320
Violation: City of Deltona Ordinance, Section 18-5 adopting the latest edition
of the International Property Maintenance Code, Section 303.1, which states
that swimming pools shall be maintained in a clean and sanitary condition,
and in good repair. (Officer Danny Ron)
Order Imposing Penalty/Lien was issued for $100.00 a day effective April 27, 2016 until
in compliance or the cap of $20,000.00 is reached.
12. DISCUSSION:
13. ADJOURNMENT:
6:41 p.m.
City of Deltona Page 17 Printed on 5/4/2016
Agenda
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Agenda
Special Magistrate
Member Dana Johnson
Member Mark Gibson
Member Richard Lovett
Member Charles Cino
Wednesday, April 27, 2016 5:30 PM Deltona Commission Chambers
1. CALL TO ORDER:
2. PLEDGE TO THE FLAG:
3. ROLL CALL:
4. SPECIAL MAGISTRATE STATEMENT:
5. DISCLOSURE OF EX PARTE COMMUNICATIONS:
6. APPROVAL OF AGENDA & MINUTES:
A. Meeting Minutes of March 23, 2016
7. ANNOUNCEMENTS:
8. SWEARING IN OF OFFICERS AND WITNESSESS:
9. OLD BUSINESS:
City of Deltona Page 1 Printed on 4/13/2016
Special Magistrate Agenda April 27, 2016
A. DEL-15-262
Deutsche Bank
1761 E. St. Andrew Pl., Santa Ana, CA 92705
Property Address: 2487 Lackland Dr., Deltona, Florida 32738
Parcel No.: 30-18-31-32-18-0100
Violation: City of Deltona Ordinance, Section 37-8. - Security requirements. (c)
If a distressed property shows evidence of vacancy, or the property is blighted,
the property manager designated by the mortgagee shall perform the work
necessary to bring the property into compliance with the applicable codes, and
the property manager must perform regular exterior inspections, no less often
than every 30 days, to verify compliance with the requirements of this chapter,
and any other applicable laws. (Officer Steve Braukhoff)
B. DEL-16-010
Harmony Clinic
1948 Saxon Blvd., Deltona, Florida 32725
Property Address: 1948 Saxon Blvd., Deltona, Florida 32725
Parcel No.: 30-18-31-03-37-0090
Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition
of the Florida Building Code, Section 105.1, which states that any owner,
authorized agent, who intends to construct, enlarge, alter, repair, move,
demolish, or change the occupancy of a building or structure, or to erect,
install, enlarge, alter, repair, remove, convert or replace any electrical, gas,
mechanical or plumbing system, the installation of which is regulated by this
code, or to cause any such work to be done, shall first make application to the
Building Official and obtain the required permit. (Officer Dennis Mues)
City of Deltona Page 2 Printed on 4/13/2016
Special Magistrate Agenda April 27, 2016
C. DEL-16-059
Virgil & Lori Smith
3728 Pamona St., Deltona, Florida 32738
Property Address: 3728 Pamona St., Deltona, Florida 32738
Parcel No.: 30-18-31-62-26-0140
Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition
of the Florida Building Code, Section 105.1, which states that any owner,
authorized agent, who intends to construct, enlarge, alter, repair, move,
demolish, or change the occupancy of a building or structure, or to erect,
install, enlarge, alter, repair, remove, convert or replace any electrical, gas,
mechanical or plumbing system, the installation of which is regulated by this
code, or to cause any such work to be done, shall first make application to the
Building Official and obtain the required permit. (Officer Julie Hughes)
D. DEL-16-072
Mirna L. Mazzella
611 Everett St., Deltona, Florida 32725-3216
Property Address: 611 Everett St., Deltona, Florida 32725
Parcel No.: 30-18-31-03-61-0320
18-3, adopting the latest edition of the Florida Building Code, Section 105.1,
which states that any owner, authorized agent, who intends to construct,
enlarge, alter, repair, move, demolish, or change the occupancy of a building
or structure, or to erect, install, enlarge, alter, repair, remove, convert or
replace any electrical, gas, mechanical or plumbing system, the installation of
which is regulated by this code, or to cause any such work to be done, shall
first make application to the Building Official and obtain the required permit.
(Officer Dennis Mues)
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Special Magistrate Agenda April 27, 2016
E. DEL-16-073
Harmony Clinic
% H Lester Carrero
1948 Saxon Blvd., Deltona, Florida 32725
Property Address: 1948 Saxon Blvd., Deltona, Florida 32725
Parcel No.: 30-18-31-03-37-0090
Violation: City of Deltona Ordinance, Chapter 22, Section 22-4, which states no
person shall engage in, manage, transact, or carry on any business,
occupation or profession within the City for which there is a local business tax
required by this article or any other provisions of this Code unless such person
shall first procure a local business receipt ("receipt") to conduct the same from
the City. It shall be no defense of nonpayment of any local business tax
required by this article that the licensee did not receive any bill or notice that
the same was due from the city. (Officer Dennis Mues)
10. NEW BUSINESS:
A. DEL-16-081
TNT Real Estate Investors & Development LLC
2651 Cedar Bluff Ln., Ocoee, FL 34761
Property Address: 1629 Bloomfield Ave., Deltona, Florida 32725
Parcel No.: 30-18-31-72-03-0080
Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition
of the Florida Building Code, Section 105.1, which states that any owner,
authorized agent, who intends to construct, enlarge, alter, repair, move,
demolish, or change the occupancy of a building or structure, or to erect,
install, enlarge, alter, repair, remove, convert or replace any electrical, gas,
mechanical or plumbing system, the installation of which is regulated by this
code, or to cause any such work to be done, shall first make application to the
Building Official and obtain the required permit. (Officer Tray Black)
City of Deltona Page 4 Printed on 4/13/2016
Special Magistrate Agenda April 27, 2016
B. DEL-16-082
Denise Donnelly
2207 Lightfoot St., Deltona, Florida 32738
Property Address: 2207 Lightfoot St., Deltona, Florida 32738
Parcel No.: 30-18-31-17-24-0050
Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition
of the Florida Building Code, Section 105.1, which states that any owner,
authorized agent, who intends to construct, enlarge, alter, repair, move,
demolish, or change the occupancy of a building or structure, or to erect,
install, enlarge, alter, repair, remove, convert or replace any electrical, gas,
mechanical or plumbing system, the installation of which is regulated by this
code, or to cause any such work to be done, shall first make application to the
Building Official and obtain the required permit (Officer Tray Black)
C. DEL-16-083
Denise Donnelly
2207 Lightfoot St., Deltona, Florida 32738
Property Address: 2207 Lightfoot St., Deltona, Florida 32738
Parcel No.: 30-18-31-17-24-0050
Violation: City of Deltona Ordinance, Section 38-110 (2), which states that
accumulations of waste, yard trash, rubble and/or debris are declared to be a
nuisance and must be abated in their entirety. (Officer Tray Black)
City of Deltona Page 5 Printed on 4/13/2016
Special Magistrate Agenda April 27, 2016
D. DEL-16-084
Joel Garcia
1925 Laredo Dr., Deltona, Florida 32738
Property Address: 1925 Laredo Dr., Deltona, Florida 32738
Parcel No.: 30-18-31-68-14-0010
Violation: City of Deltona Ordinance, Section 18-5, reference to 108.1.5.9,
adopting the latest edition of the International Property Maintenance Code,
which states a building or structure, or any portion thereof, used or is intented
to be used for dwelling purposes, because of inadequate maintenance,
dilapidation, decay, damage, faulty construction or arrangement, inadequate
light, ventilation, mechanical or plumbing system, or otherwise, is determined
by the code offical to be unsanitary, unfit for human habitation or in such a
condition that is likely to cause sickness or disease. References of the
International Property Maintenance Code that pertain to the above but not
limited to: 304.6, adopting the latest edition of the International Property
Maintenance Code, which states that exterior walls shall be free from holes,
breaks, loose or rotting surfaces and the surface properly coated where
required to prevent deterioration. 304.7, which states that the roof and flashing
shall be sound, tight and not have defects that admit rain. Roof drainage shall
be adequate to prevent dampness or deterioration in the walls or interior
portion of the structure. 304.13, which states that every window, skylight, door
and frame shall be kept in sound condition, good repair and weather tight.
(Officer Richard Lovett)
E. DEL-16-086
George Lemm TR
C/O Marvin M. Robertson
2501 Q ST NW STE B21, Washington DC 20007
Property Address: 1423 N. Normandy Blvd., Deltona, Florida 32725
Parcel No.: 30-18-31-01-12-0050
Violation: City of Deltona Ordinance, Section 18-5, adopting the latest edition
of the International Property Maintenance Code, Section 304.7, which states
that the roof and flashing shall be sound, tight and not have defects that admit
rain. Roof drainage shall be adequate to prevent dampness or deterioration in
the walls or interior portion of the structure. (Officer Julie Hughes)
City of Deltona Page 6 Printed on 4/13/2016
Special Magistrate Agenda April 27, 2016
F. DEL-16-088
Randall & Audrey Freebersyser
1188 Lawrence Ave., Deltona, Florida 32725-5717
Property Address: 1188 Lawrence Ave., Deltona, Florida 32725
Parcel No.: 30-18-31-02-20-0170
Violation: City of Deltona Ordinance, Section 38-114, which states that
furniture outside must be designed to be placed outdoors or stored inside a
covered structure. In addition, storage of materials relating to residential use,
children's play toys, firewood, brush, logs or any other material intended to be
used in fireplaces or other permitted burning facilities, shall be permitted only
in the rear yard to the rear wall of the home. (Officer Heather Murray)
G. DEL-16-089
Randall & Audrey Freebersyser
1188 Lawrence Ave., Deltona, Florida 32725-5717
Property Address: 1188 Lawrence Ave., Deltona, Florida 32725
Parcel No.: 30-18-31-02-20-0170
Violation: City of Deltona Ordinance, Section 38-110 (2), which states that
accumulations of waste, yard trash, rubble and/or debris are declared to be a
nuisance and must be abated in their entirety. (Officer Heather Murray)
H. DEL-16-090
Ana M. Perez, TR
Ana M. Perez Living Trust
789 Trumbull St., Deltona, Florida 32725-4593
Property Address: 789 Trumbull St., Deltona, Florida 32725
Parcel No.: 30-18-31-03-42-0230
Violation: City of Deltona Ordinance, Section 18-5, adopting the latest edition
of the International Property Maintenance Code, Section 304.7, which states
that the roof and flashing shall be sound, tight and not have defects that admit
rain. Roof drainage shall be adequate to prevent dampness or deterioration in
the walls or interior portion of the structure. (Officer Richard Lovett)
City of Deltona Page 7 Printed on 4/13/2016
Special Magistrate Agenda April 27, 2016
I. DEL-16-091
US Bank National Association
425 Walnut Street, Cincinnati, OH 45202
Property Address: 2062 Jessamine Ct., Deltona, Floridad 32738
Parcel No.: 30-18-31-74-55-0260
Violation: City of Deltona Ordinance, Section 37-8. - Security requirements. (c)
If a distressed property shows evidence of vacancy, or the property is blighted,
the property manager designated by the mortgagee shall perform the work
necessary to bring the property into compliance with the applicable codes, and
the property manager must perform regular exterior inspections, no less often
than every 30 days, to verify compliance with the requirements of this chapter,
and any other applicable laws. (Officer Steve Braukhoff)
J. DEL-16-092
Monica Ramonita Arbello
1509 Gainesville Dr., Deltona, Florida 32725-6043
Property Address: 1509 Gainesville Dr., Deltona, Florida 32725
Parcel No.: 30-18-31-72-20-0070
Violation: City of Deltona Ordinance, Section18-5, which adopting the latest
edition of the International Property Maintenance Code, Section 302.7, which
states all accessory structures, including detached garages, fences and walls,
shall be maintained and kept in good repair and sound structural condition.
(Officer Danny Ron)
K. DEL-16-093
Monica Ramonita Arbello
1509 Gainesville Dr., Deltona, Florida 32725-6043
Property Address: 1509 Gainesville Dr., Deltona, Florida 32725
Parcel No.: 30-18-31-72-20-0070
Violation: City of Deltona Ordinance, Section18-5, adopting the latest edition of
the International Property Maintenance Code, Section 304.7, which states that
the roof and flashing shall be sound, tight and not have defects that admit rain.
Roof drainage shall be adequate to prevent dampness or deterioration in the
walls or interior portion of the structure. (Officer Danny Ron)
City of Deltona Page 8 Printed on 4/13/2016
Special Magistrate Agenda April 27, 2016
L. DEL-16-095
Jennifer Pugliese
2938 Clovis Dr., Deltona, Florida 32738
Property Address: 2938 Clovis Dr., Deltona, Florida 32738
Parcel No.: 30-18-31-41-43-0070
Violation: City of Deltona Ordinance, Section 66-18(h), "Restrictions on trucks
and other vehicles" which states that a maximum of (2) vehicles may be
parked in the side or rear yard. (Officer Dennis Mues)
M. DEL-16-096
Jonathan Willet Edward Hall & Chara D. Hall
1494 Courtland Blvd., Deltona, Florida 32738
Property Address: 1494 Courtland Blvd., Deltona, Florida 32738
Parcel No.: 30-18-31-47-06-0010
Violation: City of Deltona Ordinance, Section 18-5, which adopting the latest
edition of the International Property Maintenance Code, Section 302.7, which
states all accessory structures, including detached garages, fences and walls,
shall be maintained and kept in good repair and sound structural condition.
(Officer Dennis Mues)
N. DEL-16-097
Larry W. Gregg
2046 Pembroke St., Deltona, Florida 32738
Property Address: 2046 Pembroke St., Deltona, Florida 32738
Parcel No.: 30-18-31-31-08-0130
Violation: City of Deltona Ordinance, Section 18-5, reference to 304.6,
adopting the latest edition of the International Property Maintenance Code,
which states that exterior walls shall be free from holes, breaks, loose or rotting
surfaces and the surface properly coated where required to prevent
deterioration. (Officer Tray Black)
City of Deltona Page 9 Printed on 4/13/2016
Special Magistrate Agenda April 27, 2016
O. DEL-16-098
Larry W. Gregg
2046 Pembroke St., Deltona, Florida 32738
Property Address: 2046 Pembroke St., Deltona, Florida 32738
Parcel No.: 30-18-31-31-08-0130
Violation: City of Deltona Ordinance, Section 18-5, adopting the latest edition
of the International Property Maintenance Code, Section 304.2, which states
that all exterior surfaces, including but not limited to, doors, door and window
frames, cornices, porches, trim, balconies, decks and fences, and shall be kept
in sound working condition and maintained in good repair. (Officer Tray Black)
P. DEL-16-099
Anthony Miranda
1826 Belspring Ave., Deltona, Florida 32725
Property Address: 1826 Belspring Ave., Deltona, Florida 32725
Parcel No.: 30-18-31-65-04-0170
Violation: City of Deltona Ordinance, Section 38-110 (2), which states that
accumulations of waste, yard trash, rubble and/or debris are declared to be a
nuisance and must be abated in their entirety. (Officer Tray Black)
Q. DEL-16-100
Anthony Miranda
1826 Belspring Ave., Deltona, Florida 32725
Property Address: 1826 Belspring Ave., Deltona, Florida 32725
Parcel No.: 30-18-31-65-04-0170
Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition
of the Florida Building Code, Section 105.1, which states that any owner,
authorized agent, who intends to construct, enlarge, alter, repair, move,
demolish, or change the occupancy of a building or structure, or to erect,
install, enlarge, alter, repair, remove, convert or replace any electrical, gas,
mechanical or plumbing system, the installation of which is regulated by this
code, or to cause any such work to be done, shall first make application to the
Building Official and obtain the required permit. (Officer Tray Black)
City of Deltona Page 10 Printed on 4/13/2016
Special Magistrate Agenda April 27, 2016
R. DEL-16-102
Ronald & Norma Vidaurre H&W
879 E. Fairbairn Dr., Deltona, Florida 32725
Property Address: 879 E. Fairbairn Dr., Deltona, Florida 32725
Parcel No.: 30-18-31-22-23-0120
Violation: City of Deltona Ordinance, Section 38-73. - Loud, disturbing or
unnecessary noises: (c) Thus, the following acts, among others, are declared
to be loud, disturbing and unnecessary noises in violation of this article; but
this enumeration shall not be deemed to be exclusive: (5) The using, operating
or permitting to be played, used or operated of any radio, television, tape or
record player, amplifier, musical instrument or other machine or device used
for the production, reproduction or emission of sound. (Officer Heather Murray)
S. DEL-16-103
Constance Hollish
439 Morningview Ave., Akron, OH 44305
Property Address: 949 N. Village Dr., Deltona, Florida 32725
Parcel No.: 30-18-31-11-29-0120
Violation: City of Deltona Ordinance, Section 18-5, adopting the latest edition
of the International Property Maintenance Code, Section 304.7, which states
that the roof and flashing shall be sound, tight and not have defects that admit
rain. Roof drainage shall be adequate to prevent dampness or deterioration in
the walls or interior portion of the structure. (Officer Tray Black)
T. DEL-16-104
Carl & AnnMarie Matthews
2552 Vaughn Ave., Deltona, Florida 32725-2219
Property Address: 2552 Vaughn Ave., Deltona, Florida 32725
Parcel No.: 30-18-31-71-32-0190
Violation: City of Deltona Ordinance, Section 18-5 adopting the latest edition of
the International Property Maintenance Code, Section 303.1, which states that
swimming pools shall be maintained in a clean and sanitary condition, and in
good repair. (Officer Danny Ron)
City of Deltona Page 11 Printed on 4/13/2016
Special Magistrate Agenda April 27, 2016
U. DEL-16-105
Carl & AnnMarie Matthews
2552 Vaughn Ave., Deltona, Florida 32725-2219
Property Address: 2552 Vaughn Ave., Deltona, Florida 32725
Parcel No.: 30-18-31-71-32-0190
Violation: City of Deltona Ordinance, Section 38-110 (2), which states that
accumulations of waste, yard trash, rubble and/or debris are declared to be a
nuisance and must be abated in their entirety. (Officer Danny Ron)
V. DEL-16-106
Carl & AnnMarie Matthews
2552 Vaughn Ave., Deltona, Florida 32725-2219
Property Address: 2552 Vaughn Ave., Deltona, Florida 32725
Parcel No.: 30-18-31-71-32-0190
Violation: City of Deltona Ordinance, Section 18-5, which adopting the latest
edition of the International Property Maintenance Code, Section 302.7, which
states all accessory structures, including detached garages, fences and walls,
shall be maintained and kept in good repair and sound structural condition.
(Officer Danny Ron)
W. DEL-16-108
Pearl J. Moyer
686 Comstock Dr., Deltona, Florida 32738
Property Address: 686 Comstock Dr., Deltona, Florida 32738
Parcel No.: 30-18-31-21-05-0120
Violation: City of Deltona Ordinance, Section 66-18 (e), which states that no
vehicles may be parked or stored in the front yard forward of the edge of the
principal dwelling except on the approved driveway or driveway extension.
(Officer Tray Black)
City of Deltona Page 12 Printed on 4/13/2016
Special Magistrate Agenda April 27, 2016
X. DEL-16-109
Pearl J. Moyer
686 Comstock Dr., Deltona, Florida 32738
Property Address: 686 Comstock Dr., Deltona, Florida 32738
Parcel No.: 30-18-31-21-05-0120
Violation: City of Deltona Ordinance, Section 38-110 (1), which states that
weeds, where the greater portion of weeds on the lot exceeds 12 inches in
height, are declared to be a nuisance and must be abated in their entirety.
(Officer Tray Black)
Y. DEL-16-110
Pearl J. Moyer
686 Comstock Dr., Deltona, Florida 32738
Property Address: 686 Comstock Dr., Deltona, Florida 32738
Parcel No.: 30-18-31-21-05-0120
Violation: City of Deltona Ordinance, Section 38-110 (2), which states that
accumulations of waste, yard trash, rubble and/or debris are declared to be a
nuisance and must be abated in their entirety. (Officer Tray Black)
Z. DEL-16-111
Pearl J. Moyer
686 Comstock Dr., Deltona, Florida 32738
Property Address: 686 Comstock Dr., Deltona, Florida 32738
Parcel No.: 30-18-31-21-05-0120
Violation: City of Deltona Ordinance, Section 38-114, which states that
furniture outside must be designed to be placed outdoors or stored inside a
covered structure. In addition, storage of materials relating to residential use,
children's play toys, firewood, brush, logs or any other material intended to be
used in fireplaces or other permitted burning facilities, shall be permitted only
in the rear yard to the rear wall of the home. (Officer Tray Black)
11. OTHER AND REPEAT BUSINESS:
City of Deltona Page 13 Printed on 4/13/2016
Special Magistrate Agenda April 27, 2016
A. DEL-16-094 Repeat of DEL-15-136
Jonathan A. Hart
2373 Whitehorse St., Deltona, Florida 32738-1190
Property Address: 2373 Whitehorse St., Deltona, Florida 32738
Parcel No.: 30-18-31-35-19-0180
Violation: City of Deltona Ordinance, Section 66-18(a), which states that no
vehicle greater than 10,000 pounds manufacturer’s gross vehicle weight or
designed to carry 16 or more passengers, or requiring a commercial driver’s
license (CDL) of any endorsement to operate shall be parked or stored in any
residential or agricultural zoning district except in agricultural areas on lots of
five acres or more. (Officer Steve Braukhoff)
B. DEL-16-101 Repeat of DEL-05-042
Dolores A. Heyne
1365 Indian Rock Ct., Deltona, Florida 32725
Property Address: 1365 Indian Rock Ct., Deltona, Florida 32725
Parcel No.: 30-18-31-26-13-0320
Violation: City of Deltona Ordinance, Section 18-5 adopting the latest edition of
the International Property Maintenance Code, Section 303.1, which states that
swimming pools shall be maintained in a clean and sanitary condition, and in
good repair. (Officer Danny Ron)
12. DISCUSSION:
13. ADJOURNMENT:
NOTE: If any person decides to appeal any decision made by the City Commission
with respect to any matter considered at this meeting or hearing, he/she will need a
record of the proceedings, and for such purpose he/she may need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is to be based (F.S. 286.0105).
Individuals with disabilities needing assistance to participate in any of these
proceedings should contact the City Clerk, Joyce Raftery 48 hours in advance of
the meeting date and time at (386) 878-8500.
City of Deltona Page 14 Printed on 4/13/2016
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