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HomeMy WebLinkAboutPre-LegislationA! G.P Cityof Miami City Hall 3500 Pan American Drive I�* IN, lip 411111 Legislation Miami, FL 33133 �u ¢ www.miamigov.com r ' Resolution: R-16-0372 File Number: 16-01033 Final Action Date: 7/29/2016 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ADMINISTRATION TO AUTOMATICALLY SEND TO THE CODE ENFORCEMENT BOARD OR SPECIAL MASTER, IF IT HAS NOT DONE SO ALREADY, PROPERTIES THAT HAVE RECEIVED THREE (3) OR MORE CODE ENFORCEMENT TICKETS/CITATIONS FOR THE SAME VIOLATION OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WITHIN A ONE (1) YEAR PERIOD. WHEREAS, certain property owners fail to maintain the facades, premises or structures of their real property located within the City of Miami ("City"); and WHEREAS, other residents of the City are negatively impacted by these failures to abide by the Code of the City of Miami, Florida, as amended ("City Code"), which affects the health, safety and welfare of the residents of the City; and WHEREAS, many of these violators are given repeated civil infraction citations and continue to commit the violations time and time again; and WHEREAS, under the current City Code, properties that receive repeat citations are not subject to any greater penalty than those who are first time offenders; and WHEREAS, the City Administration has the discretion to refer these continually offending properties to a hearing before the Code Enforcement Board ("Board") or the special master rather than issue a civil infraction/ ticket; and WHEREAS, the Board or special master has the ability to assess per diem fines, mandate stricter compliance, and designate the owners of these properties as repeat violators, thus allowing for higher penalties; and WHEREAS, the Code Compliance Department is directed to automatically send violators who have had three (3) citations for the same violation within a one (1) year period to the Board or special master for further hearing; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Resolution. Section 2. The City Administration is directed to automatically send to the Board or special master, if it has not done so already, properties that have received three (3) or more code enforcement tickets/citations for the same violation of the City Code within a one (1) year period. City of Miami Page I of 2 File Id. 16-01033 (Version: 2) Printed On: 812912016 File Number: 16-01033 EnactinentNumber: R-16-0372 Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {11 Footnotes: {1 } If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 File Id: 16-01033 (!Version: 2) Printed On: 812912016 City of Miami tn�l6_OF Legislation Ordinance: 13809 File Number: 4928 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 11/15/2018 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35/ARTICLE IX OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "MOTOR VEHICLES AND TRAFFIC/VALET PARKING," MORE PARTICULARLY BY AMENDING SECTION 35-312 OF CITY CODE, TITLED "DEPARTMENT DENIAL, REVOCATION, OR SUSPENSION OF PERMIT; REMOVAL OF EQUIPMENT OR PERSONAL PROPERTY OF THE PERMITTEE/OPERATOR AND STORAGE FEES," TO PROVIDE FOR THE ESTABLISHMENT OF ADDITIONAL PENALTIES, UPON A FINDING OF GUILT BY THE CODE ENFORCEMENT BOARD, FOR FAILURE TO PROPERLY PAY AND/OR REPORT FEES FOR VALET PARKING OR OPERATIONAL FEES FOR PARKING FACILITY SURCHARGES OR FAILURE TO SUBMIT ACCURATE RECORDS AND/OR FAILURE TO ALLOW EXAMINATION OF RECORDS OR OTHERWISE FULLY COMPLY WITH THE REGULATIONS PURSUANT TO THE CITY OF MIAMI'S VALET PARKING ORDINANCE REQUIREMENTS, INCLUDING TREBLE PAYMENT OF FEES; DENIAL, REVOCATION, OR SUSPENSION OF THE PERMIT, CERTIFICATE OF USE, TEMPORARY CERTIFICATE OF USE, AND/OR BUSINESS TAX RECEIPT FOR UP TO TWO (2) YEARS; AND/OR DEBARMENT PURSUANT TO THE CITY CODE; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Joe Carollo WHEREAS, in 2004, the City of Miami ("City") adopted a Valet Parking Ordinance which regulates the operation of all permanent valet parking stands within the City; and WHEREAS, Permittees/Operators of valet parking are now required to submit formal applications to be reviewed and approved by various City Departments; and WHEREAS, the City's valet parking program is administered by the Department of Off - Street Parking a/k/a the Miami Parking Authority ("MPA"); and WHEREAS, currently, Permittees/Operators are required to report and pay fees for operating a valet parking service; and WHEREAS, it is in the interests of the public health, safety, recreation, and general welfare of the residents of the City to establish treble payment of fees; denial, revocation, or suspension for up to two (2) years; and/or debarment of permittees/operators which fail to properly pay and/or report the appropriate fees regarding parking facility surcharges pursuant to the Code of the City of Miami, Florida, as amended ("City Code"); NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 1 of 3 File ID: 4928 (Revision: 8) Printed On: 9/9/2019 File ID: 4928 Enactment Number: 13809 Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as fully set forth in this Section. Section 2. Chapter 35, Article IX of the City Code is amended to read as follows:' "CHAPTER 35 MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VALET PARKING Sec. 35-312. - Department denial, revocation, or suspension of permit; removal of equipment or personal property of the permittee/operator and storage fees. (a) The director may deny, revoke, or suspend a permit for any valet parking service authorized in the city if it is found that: (1) The permittee/operator has not maintained required insurance; (2) The director determines that the operation of a valet parking service, due to changing or changed conditions of pedestrian or vehicular traffic, cause congestion necessitating removal of valet parking service which endangers the health, safety or welfare of persons or property; unreasonably interferes with pedestrian or vehicular traffic; unreasonably interferes with the use of any pole, sign, fire hydrant, traffic signal or other object already permitted at or near the valet parking service area; or otherwise not in the public interest; or (3) The permittee/operator has failed to correct violations of this article or conditions of the permit within three days of the Director's notice of same being delivered in writing to the permittee at the address shown on the permit application; (4) If permittee/operator is found in violation of the same offense three times within a permit period; (5) The permittee/operator made any false statements or omission of material fact on the application, site plan or elsewhere in connection with securing a permit. (6) The permittee/operator failed to properly pay and/or report operational, administrative, rental fees, and/or parking facility surcharges pursuant to Sections 35-194, 35- 311, and 35-346 herein or any other applicable section of this Code. (b) Stands, tables, chairs, umbrellas, key boxes and other objects necessary for the operation of the valet parking service may be removed by the department or city, and a reasonable fee charged for labor, transportation, and storage, should the permittee/operator fail to remove said items at the close of business on a daily basis. Under no circumstances shall the city, the department and the board of directors, and its officers and employees be deemed responsible or liable in any way for any damage or loss resulting from the removal of the permittee/operator equipment and other objects necessary for the operation of the valet parking service. Furthermore, the permittee/operator agrees and acknowledges by accepting a permit issued ' Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami Page 2 of 3 File ID: 4928 (Revision: 8) Printed on: 9/9/2019 File ID: 4928 Enactment Number: 13809 pursuant to this article that the city, the department and the board of directors are to be held harmless in connection with its actions under this section. (c) Upon a finding of a violation by the Director based on Subsection (a)(6) herein and a finding of guilt after a hearing by the Code Enforcement Board pursuant to Chapter 2, Article X of the City Code, the permittee/operator shall pay treble fees; shall have its permit, Certificate of Use, Temporary Certificate of Use, and/or Business Tax Receipt denied, revoked, or suspended for a period of two (2) years; be subject to any penalties applicable pursuant to Section 35-347 herein; and/or be subject to debarment pursuant to Section 18-107 of the City Code. (sd) Upon denial or revocation, the Director shall give notice of such action to the applicant or the permittee/operator in writing stating the action which has been taken and the reason thereof. If the action of the director is based on subsection(s) (a)(1) or (2) of this section, the action shall be effective upon giving such notice to permittee. Otherwise, such notice application shall become effective within ten calendar days unless appeal to the city commission is made. *„ Section 2. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 3. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: i ria i "nd- e�z �Cit�y ttor ey 1/1412019 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 3 of 3 File ID: 4928 (Revision: 8) Printed on: 9/9/2019 City of Miami tnl6_OF Legislation Resolution: R-19-0112 File Number: 5517 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 3/14/2019 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO ESTABLISH A POLICY REGARDING COMMERCIAL AND OTHER NON-RESIDENTIAL PROPERTIES THAT ALLOWS PROPERTY OWNERS A REASONABLE TIME TO COMPLY WITH ANY CODE VIOLATIONS PURSUANT TO CHAPTER 162, FLORIDA STATUTES, NOT TO EXCEED THIRTY (30) DAYS; FURTHER DIRECTING THE CITY MANAGER TO ESTABLISH A POLICY FOR COMMERCIAL AND OTHER NON-RESIDENTIAL PROPERTIES, REPEAT VIOLATORS, AND/OR ANY SUBSIDIARY THEREOF THAT A) REQUIRES PROPERTIES THAT HAVE NOT BEEN BROUGHT INTO COMPLIANCE WITHIN THE ORIGINAL TIME ALLOTTED TO APPEAR AT THE NEXT AVAILABLE BOARD HEARING, B) REQUIRES PROPERTIES WITH THREE (3) VIOLATIONS WITHIN A FIVE (5) YEAR PERIOD TO BE REFERRED DIRECTLY TO THE BOARD, AND C) DISALLOWING ADDITIONAL EXTENSIONS OF TIME WITHOUT PRIOR BOARD APPROVAL. SPONSOR(S): Commissioner Wifredo (Willy) Gort, Commissioner Joe Carollo, Commissioner Manolo Reyes WHEREAS, Section 162.03, Florida Statutes, provides that a municipality, at its option, may create a local government code enforcement board; and WHEREAS, the City of Miami ("City") has established code enforcement proceedings in Chapter 2, Article X of the Code of the City of Miami, Florida, as amended ("City Code"); and WHEREAS, the City Code is currently silent on time frames regarding scheduling cases before the Code Enforcement Board ("Board"); and WHEREAS, the intent of this Resolution is to establish a more efficient process to ensure cases regarding commercial and other non-residential properties are scheduled for hearings in a timely fashion; and WHEREAS, all cases should be given a reasonable time to comply as established in Chapter 162, Florida Statutes; and WHEREAS, cases regarding commercial and other non-residential properties, business establishments and repeat violators should be set for the next available Board hearing if said violations are not corrected within the time allotted for compliance; and WHEREAS, the City Commission has determined that it is in the best interests of the public to streamline the process of moving Code Compliance cases to the Board in a timely fashion, especially cases involving commercial and other non-residential properties, business establishments, and repeat violators; City of Miami Page 1 of 2 File ID: 5517 (Revision:) Printed On: 9/9/2019 File ID: 5517 Enactment Number: R-19-0112 NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is directed to establish a policy regarding commercial and other non-residential properties that allows property owners a reasonable time to comply with any code violations pursuant to Chapter 162, Florida Statutes, not to exceed thirty (30) days. Section 3. The City Manager is further directed to establish a policy for commercial and other non-residential properties, repeat violators, and/or any subsidiary thereof that a) requires properties that have not been brought into compliance within the original time allotted to appear at the next available Board hearing, b) requires properties with three (3) violations within a five (5) year period to be referred directly to the Board, and c) disallowing additional extensions of time without prior Board approval. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS 1 i ria nds�z C ty ttor ey 3/512019 ' If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 File ID: 5517 (Revision:) Printed on: 9/9/2019 City of Miami r�i `~ Legislation K, Resolution: R-19-0421 File Number: 6462 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 10/24/2019 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO IMPLEMENT A PROGRAM TO MONITOR REPEAT VIOLATIONS AS DEFINED IN CHAPTER 2, ARTICLE X, SECTION 2-811 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AND EXPEDITE REPEAT VIOLATION CASES TO BE HEARD BEFORE THE CODE ENFORCEMENT BOARD FOR ENHANCED PENALTIES PURSUANT TO SECTION 162.09, FLORIDA STATUTES; FURTHER URGING THE CODE ENFORCEMENT BOARD TO ORDER REPEAT VIOLATIONS TO BE PLACED WITHIN THE MONITORING PROGRAM IMPLEMENTED BY THE CITY MANAGER AND UPON A SUBSEQUENT FINDING OF GUILT AND TO IMPOSE ANY AND ALL ENHANCED PENALTIES ALLOWED UNDER THE LAW, INCLUDING BUT NOT LIMITED TO COSTS AND ADMINISTRATIVE FEES INCURRED BY THE CITY OF MIAMI; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. SPONSOR(S): Commissioner Wifredo (Willy) Gort, Commissioner Manolo Reyes WHEREAS, certain properties within the City of Miami ("City") continuously violate the Code of the City of Miami, Florida, as amended ("City Code"); and WHEREAS, these properties continue to burden the quality of life of City residents; and WHEREAS, Chapter 2, Article X, Section 2-811 of the City Code defines Repeat Violations as a "violation of a provision of a code or ordinance by a person who has been previously found through a code enforcement board or any other quasi-judicial or judicial process, to have violated or who has admitted violating the same provision within five years prior to the violation, notwithstanding the violations occur at different locations"; and WHEREAS, the City Commission believes properties that commit Repeat Violations should be monitored on an ongoing basis to ensure continuous compliance with the City Code; and WHEREAS, the City Commission directs the City Manager to implement a program to monitor the maintenance and compliance of Repeat Violations; and WHEREAS, the City Commission urges Code Enforcement Board ("CEB") to prioritize Repeat Violations and to ensure all enhanced penalties allowed under the law, including cost and administrative fees incurred by the City, are imposed against Repeat Violations; and WHEREAS, the City Commission finds that it is in the best interest of the City and its residents to take the actions stated herein to enhance the quality of life for its residents; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 1 of 2 File ID: 6462 (Revision:) Printed On: 111312020 File ID: 6462 Enactment Number: R-19-0421 Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted and incorporated as if fully set forth in this Section. Section 2. The City Manager is directed to immediately prioritize improving the quality of life of the City's residents by implementing a program to monitor Repeat Violations as defined in Chapter 2, Article X, Section 2-811 of the City Code by pursuing enhanced penalties pursuant to Section 162.09, Florida Statutes, in cases related to Repeat Violations before the CEB. Section 3. The CEB is urged to place properties containing Repeat Violations in the monitoring program implemented by the City Manager and upon a subsequent finding of guilt, to impose any and all enhanced penalties allowed under the law, including but not limited to costs and administrative fees incurred by the City. Section 4. This Resolution shall become effective immediately after final reading and adoption thereof.' APPROVED AS TO FORM AND CORRECTNESS: I aria endez, Cityl Attorney) 91171619 ' If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 File ID: 6462 (Revision:) Printed on: 111312020 City of Miami tn�l6_OF Fa. V Legislation *tliti fill! IiRl 11 +*� Resolution: R-21-0189 File Number: 8973 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 5/13/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO SET UP A REVIEW SYSTEM BETWEEN ALL RELEVANT DEPARTMENTS TO BETTER ENFORCE EXISTING CITY CODE SECTIONS WHICH DO NOT ALLOW FOR ISSUANCE OF BUILDING PERMITS TO ANY NON -HOMESTEAD PROPERTY THAT HAS OUTSTANDING CODE COMPLIANCE VIOLATIONS, BUILDING VIOLATIONS, LIENS, INVOICES, OR OTHER MONIES OWED TO THE CITY OF MIAMI; DIRECTING THE CITY MANAGER TO PROVIDE A REPORT REGARDING ALL ACTIONS TAKEN PURSUANT TO THIS RESOLUTION TO THE CITY COMMISSION WITHIN NINETY (90) DAYS. SPONSOR(S): Commissioner Joe Carollo, Commissioner Manolo Reyes WHEREAS, in December 2017, the City Commission adopted Ordinance No. 13717 which amended Sections 2-208, 10-4, and 62-22 of the Code of the City of Miami, Florida, as amended ("City Code"); and WHEREAS, Sections 2-208, 10-4(b)(6), and 62-22 of the City Code were amended to not allow permits to be issued on non -homestead properties if the properties had any outstanding code violations, building violations, or owed monies to the City of Miami ("City") unless the permits cured an existing violation or were for life safety purposes; and WHEREAS, the Building, Code Compliance, Finance, Fire -Rescue, Planning, Police, Resilience and Public Works, Solid Waste, and other Departments (collectively, "Departments") can all be involved in tracking or issuing costs, fees, fines, and liens on properties; and WHEREAS, it is important to be able to have a City-wide departmental process on how the Departments can ascertain delinquent or violative properties before approving any permits; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Miami City Commission hereby directs the City Manager to set up a review system between the Departments to better enforce existing sections of the City Code which do not allow for the issuance of building permits to any non -homestead property that has outstanding code violations, building violations, liens, invoices, or other monies owed to the City. Section 3. The City Manager is directed to report on the status of compliance with this Resolution to the City Commission within ninety (90) days. Section 4. This Resolution shall become effective immediately upon its adoption. City of Miami Page 1 of 2 File ID: 8973 (Revision:) Printed On: 711212021 File ID: 8973 Enactment Number: R-21-0189 APPROVED AS TO FORM AND CORRECTNESS: 1 ria dez, ity ttor ey 4/28/2021 City of Miami Page 2 of 2 File ID: 8973 (Revision:) Printed on: 711212021 City of Miami tn�l6_OF Fa. V Legislation *tliti fill! IiRl 11 +*� Resolution: R-21-0190 File Number: 9020 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 5/13/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION RECOMMENDING THE CITY MANAGER DETERMINE THE SUFFICIENT NUMBER OF BUILDING AND CODE COMPLIANCE DEPARTMENT STAFF THAT ARE NEEDED TO EFFICIENTLY HANDLE THE REAL-TIME COMPLAINTS RECEIVED DURING THE NIGHT AND WEEKEND SHIFTS, WHICH OCCUR THURSDAY THROUGH SUNDAY EACH WEEK, TO ADD A SUNDAY OVERNIGHT SHIFT IN ADDITION TO THE PRESENT THURSDAY, FRIDAY AND SATURDAY NIGHT SHIFTS, AND TO DETERMINE IF OTHER DAYS OF THE WEEK SHOULD BE ADDED FOR EVENING SHIFTS. SPONSOR(S): Commissioner Joe Carollo WHEREAS, the majority of the workforce for the Building and Code Compliance Department staff work during the during the standard work week of Monday through Friday during the daytime hours; and WHEREAS, the Code Compliance Department, as of almost three (3) years ago, created an after-hours shift operating from Thursday evening through Sunday; and WHERAS, prior to this, any need for night or weekend inspections or patrolling was done on and as needed basis; and WHEREAS, Code Compliance generally has a handful of inspectors who work the night and weekend shift as the majority of investigations and complaints come during the normal work week hours; and WHEREAS, there are still many complaints that come in during the nights and weekends and many these are major quality of life issues such as noise violations, illegal weekend construction activity and other such types of disturbances; and WHEREAS, the Building Department has certain staff in an on -call capacity for night or weekend emergency situations or if aware of inspections that are necessary at such time, redirects work hours to accommodate the need; and WHEREAS, the amount of inspectors available for the nights and weekend shift is not sufficient to meet the demands of the complaints that arise each week; and WHEREAS, to add a Sunday night shift in addition to the present Thursday, Friday and Saturday night shifts, which will provide a more effective response to quality of life complaints within our community; and WHEREAS, it is in the best interests of the residents and citizens of the City of Miami, Florida ("City") to have the necessary staffing in the Building and Code Compliance City of Miami Page 1 of 2 File ID: 9020 (Revision:) Printed On: 711212021 File ID: 9020 Enactment Number: R-21-0190 Departments to manage the nights and weekend complaints on a real-time basis rather than a next day follow up; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Miami City Commission hereby recommends the City Manager determine the sufficient number of Building and Code Compliance Department staff that is needed to efficiently handle the real-time complaints received during the night and weekend shifts, which occur Thursday through Sunday each week, to add a Sunday overnight shift in addition to the present Thursday, Friday, and Saturday night shifts, and to determine if other days of the week should be added for evening shifts. Section 3. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: i ria i "ndez, Cify Attar ey 5/4/2021 City of Miami Page 2 of 2 File ID: 9020 (Revision:) Printed on: 711212021