HomeMy WebLinkAbout97-27 Administrative Procedures for Civil Citations and Civil Fines for ViolationsORDINANCE NO. 97-�q
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA ADDING CHAPTERS I &
II TO TITLE 1 OF THE COSTA MESA MUNICIPAL CODE
ESTABLISHING ADMINISTRATIVE PROCEDURES FOR
CIVIL CITATIONS. AND CIVIL FINES FOR VIOLATIONS
OF THE COSTA MESA MUNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Sections 1-1 through section 1-33.1, inclusive, are hereby
reorganized as Chapter I, "General,"- within Title I of the Costa Mesa Municipal
Code.
Section 2. Section 1-33 of Title I of the Costa Mesa Municipal Code is
hereby amended by adding subsection (e) to read as follows:
"(e) Civilfines: Civil fines may be imposed pursuant to Chapter II of this
Title. "
Section 3. Chapter II is hereby added to Title I of the Costa Mesa Municipal
Code to read as follows:
"Chapter II
CIVIL CITATIONS
Sec. 1-34. Applicability.
(a) This chapter makes any violation of the provisions of this Code subject
to civil fine.
(b) This chapter establishes the administrative procedures for. the,
imposition, enforcement, collection, and administrative review of civil fines"
pursuant to Government Code section 53069.4 and the City's general police
power.
(c) The issuance of a civil citation under this chapter is solely at the City's
discretion and is one option the City has to address violations of this Code. By
adopting, this chapter, the City does not intend to limit its discretion to utilize any
other. remedy, civil or criminal, for such violations that the City may select in a
particular case.
(d) The purpose of issuing civil citations pursuant to this. chapter is to
encourage voluntary and complete compliance with the provisions of this Code for
the protection and benefit of the entire community.
(e) Notwithstanding any lease, license or any other instrument or
agreement, the owner of .any real property has the right to enter upon his or her
own property to the extent reasonably necessary to abate any nuisance or correct
any violation of this Code existing thereon. The provisions of this subsection shall
be an implied term of any instrument affecting the right to possession of real
property located in the City of Costa Mesa.
(f) Because of the serious blighting conditions that can result affecting
the residents' health and safety, this chapter is intended to impose strict civil
liability upon the owners of real property for all building, housing, fire, health code
and zoning violations that occur upon the subject premises.
Sec. 1-35. Definitions.
The following definitions apply to the use of these terms for the purposes of
this chapter:
(a) Citee - Person given a civil citation charging him or her as a
responsible person for a Code violation.
(b) Citation - A civil citation issued pursuant to this chapter. Citation
includes a Notice of Noncorredtion unless the context clearly shows
otherwise.
(c) Building violation - Any violation of this Code pertaining to building,
housing, plumbing, electrical, or other similar regulations set forth in -
Title 5 of this Code that does not create an immediate danger to health
or safety.
(d) Department - The Development Services Department of the City of
Costa Mesa.
(e) Director - The Director of the Department or his or her designee.
(f) Enforcement officer - Any City employee or agent of the City
designated by the City Council pursuant to section 1-33.1 to have the
authority and responsibility to enforce certain provisions of this Code.
(g) Issued - Giving a citation to the citee and issuance occurs on the date
when a citation is personally served on the citee, the date it is mailed
to the citee, is posted on real property where a property related
violation exists if the responsible person cannot be located and no
valid address is known by the City.
(h) Hearing officer - The person appointed by the City Manager to serve as
the hearing officer for administrative hearings.
(i) Notice of Noncorrection - A reissuance of an original citation for a
building violation on which is noted a violation(s) on the original
citation that has not been corrected within the applicable correction
period.
(j) Person - A natural person or legal entity; a natural person or legal
entity who is the owner, co -tenant, lessee, sublessee or other person
with any right to possession of the 'property where a Code violation
occurs that is related to the use of the property; the owner, majority
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stockholders, corporate officers, trustees, and general partners of a
legal entity; and the on-site manager who normally works daily at the
site and is responsible for the activities at such premises.
(k) Responsible person - A person who causes a Code violation to occur,
or allows a violation to continue, by his or her action or failure to act,
or whose agent, employee, or independent contractor causes a
violation by its action or failure to act; and there shall be a legal
rebuttable presumption that the record owner of a parcel according to
the County's latest equalized property tax assessment rolls and a
lessee of a parcel has notice of any Code violation existing on the
premises. For the purposes of this chapter, there may be more than
one responsible person for a violation.
Sec. 1-36. Civil Citation.
(a) Any City enforcement officer upon determining that a provision of this
Code, which he or she is charged to enforce, has been violated has the authority to
issue a civil citation to any responsible person or persons. A responsible person to
whom a citation is issued shall be liable for and shall pay to the City the fine or
fines described in the citation when due pursuant to the provisions of this chapter.
(b) A thirty (30) day correction period shall be provided for the correction
of building violations which may be extended as provided in subsection (c) herein.
Notwithstanding subsection (a), no responsible person for a building violation shall
be liable for a civil fine unless the violation continues after the 30 days allowed for
its correction (plus any other extension) as stated on the citation and required by
Title 5 of this Code.
(c) The citee of a building violation may request an extension of the
correction period provided that a request is filed with the Director before the 30 -day
period ends. The Director may in his or her discretion grant an reasonable
extension of the period of time to correct the violation if the citee has supplied
substantial evidence showing that the correction cannot reasonably be made within
the 30 -day period. The Director's decision shall be in writing and is final. The filing
for such an extension does not, unless granted, extend the 30 -day correction period
or any other time periods set by this chapter.
(d) If a building violation has not been corrected by the end of the'
correction period, the Enforcement Officer has authority to issue to the responsible
person a Notice of Noncorrection. The citee to whom the Notice of Noncorrection
is issued shall be liable for and shall pay to the City the fine or fines described in
the Notice of Noncorrection which fine shall be due on the date the Notice of
Noncorrection is issued. Additional citations may be issued and fines imposed for
every day the violation continues uncorrected from the date the Notice of
Noncorrection is issued and the citee shall be liable for and shall pay to the City any
additional fine which shall be due on the date any new citation is issued.
(e) . Every person who applies for and receives a permit, license, or any
type of land use approval (e.g., subdivision maps, conditional use permits,
variances), shall comply with all conditions imposed upon the issuance of the
permit, license or other approval. Violation of any condition of such permit, license
or approval shall be subject to a civil citation and civil fine under the provisions of
this chapter.
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(f) Each day a violation of this Code exists shall be a separate violation
and be subject to a separate fine. A citation may charge a violation for one or more
days n :which a violation exists, and for violation of one or more Code sections.
(g) Each civil citation shall contain the following information:
(1) Name of the responsible person for the violation of this Code.
(2) Date on which an inspection established the Code violation.
(3) The Code section violated.
(4) Address where the Code violation occurred.
(5) Description of the violation established by inspection.
(6) Amount of the fine for the violation and procedure to pay the
fine and avoid a late payment penalty.
(7) Designation of the building violation (if applicable), date the 30 -
day correction period expires, and how to request an extension
of that period, and Notice of Noncorrection designation when
the building violation is not corrected.
(8) Designation of any prior citations, issued. for the same Code
violations.
(9) Description of the procedure for requesting a Waiver of Fine
Deposit and an Administrative Hearing to contest a citation.
(10) Designation of hearing date, time and location for consideration
of a request for Waiver of Fine Deposit and an Administrative
Hearing.
(1 1) A notice that the Code violation is a nuisance and that collection
of unpaid fines and/or nuisance abatement costs can be
enforced as an assessment or lien against the property where a
property related Code violation occurs and that unpaid
assessments can result in the property being sold after three
years by the County Assessor as set forth in sections 1-39 and
1-40 of this Code.
(12) Signature of the Enforcement Officer issuing the citation.
(13) Date the citation is issued.
(14) A self-addressed envelope in which the citee can mail in the fine
or to request a Waiver of Fine Deposit and an Administrative
Hearing
(15) Any other information deemed necessary by the Director for
enforcement or collection purposes.
Sec. 1-37. Amount of Civil Fines.
(a) The amount of the fines for violating particular provisions of this Code
shall be set in a schedule of fines adopted by resolution by the City Council. The
schedule may include escalating fine amounts for repeat Code violations occurring
within specified periods of time.
(b) The schedule of fines may also specify the amount of interest and late
payment penalty owed for any fine not paid when due. A late payment penalty and
interest shall be owed for fines not paid within 30 days of their due date.
(c) Fines are due on the day the citation is issued, except (i) fines for
building violations shall be due on the day the Notice of Noncorrection is issued and
(ii) when a fine deposit has been waived pursuant to Section 1-41 and the Hearing
Officer. cancels the fine, provided, however, if the Hearing Officer upholds the
citation and fine, the fine shall be due on the date the decision is personally served
on the citee at the end of the hearing by the Hearing Officer.
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Sec. 1-38. Payment of Civil Fines.
(a) A civil fine shall be paid to the City Finance Department within 30
days of its due date.
(b) Payment of a fine shall not excuse the citee from correcting the Code
violation. The issuance. of a citation and/or payment of a fine does not bar the City
from taking any other enforcement action regarding a Code violation that is not
corrected, including issuing additional civil citations.
Sec. 1-39. Preliminary Review.
(a) A person given a civil citation may request a Preliminary Review, if the
request is received by the Department within 14 days of the date the citation is
issued. To obtain a review, the citee shall appear at the public service counter of
the Department at City Hall and bring a copy of the citation and file a signed
written request stating the reasons why and any evidence showing no violation
occurred or why he or she is not a responsible person for the violation. A Notice of
Noncorrection of a building violation shall not be subject to a request for Preliminary
Review., All filed requests shall be date stamped upon receipt by the Department.
(b) The Preliminary Review shall be . conducted by a City employee
designated by the Director. The reviewer shall not be the Enforcement Officer who
issued the citation. The review is intended to correct errors that are easily
verifiable and not to resolve factual disputes concerning the violation that is the
subject of the citation.
(c) The Preliminary Review may be decided on the same day filed by the
citee and shall consist of a review of the citation and the written statement and any
other evidence submitted at the time of -the request by the citee and, at the
discretion of the reviewer, any other related information. Where the review is not
completed within 3 working days of receipt of the request, the request shall be
deemed denied.
(d) The citee shall be notified of the results of the review within 3 working
days from when the request was received. The notification may be by telephone,
facsimile, or in person. The Department shall keep a record of all requests, the
results of the review, and how the citee was notified of the results for a 2 year'
period.
(e) A request for Preliminary Review does not extend any time periods for
compliance, including the fine due date, the time any correction period ends, and
the time to 'request an Administrative Hearing.
(f) If the conclusion of the review is that no Code violation occurred or
that the citee was not responsible for the violation, the citation shall be canceled.
Sec. 1-40. Request for Administrative Hearing.
(a) Any person receiving a civil citation may contest it by filing a request
for an Administrative Hearing; except that a hearing for a building violation may not
be requested unless and until a Notice of Noncorrection is issued. To obtain a
hearing, the citee shall file a signed written request form contained on the reverse
side of the citation and attach a statement of the grounds for contesting the
citation and fine. A citee may contest the citation by denying that a violation
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occurred, by denying that it was not corrected within the correction period, if
applicable, or by denying that the citee is a responsible person for the violation.
(b) To be effective and complete, the request must be received by the
City Clerk's Office within 30 days of the date the citation was issued, and be
accompanied by a deposit of the full amount of the fine. The request will not be
accepted for filing if not accompanied by the fine deposit unless the citee also
.requests a waiver of the fine deposit pursuant to section 1-41. Where a request
and fine deposit are mailed by the citee, the request and fine deposit shall be
deemed filed on the date received by .the City Clerk's office. All requests shall be
date stamped upon receipt by the City Clerk's office. For the purpose of this
section, the receipt of the fine deposit and request by the Finance Department by
the due date will constitute compliance with this section.
(c) The person requesting the Administrative Hearing shall appear at the
hearing on the date, time and place specified on the citation and a non-appearance
shall constitute an abandonment of the request unless excused pursuant to section
1-42(f). The City shall make available to the citee at the hearing a copy of any
additional written reports filed concerning the Code violation that are provided to
the Hearing Officer.
Sec. 1-41. Waiver of Fine Deposit.
(a) A person filing a request for an Administrative Hearing may also
request a hardship waiver of the fine deposit. To obtain a hearing, the_ citee shall
file with the City Clerk's, office a signed written , request form contained on the
reverse side of the citation and attach.a statement on the grounds for the request.
(b) To be effective, the request must be received by the City Clerk's
Office within 30 days of the date the citation is issued, and it must be
accompanied by a request for an Administrative Hearing. The person requesting
the waiver bears the burden of establishing by substantial evidence that he or she
does not have the financial ability to make the deposit of the fine. The citee shall
appear at the hearing on the request and non-appearance shall constitute an
abandonment of the request unless excused pursuant to section 1-42(f).
(c) The request will be decided by the Hearing Officer at the hearing date,
time and place specified on the citation. The .request shall be heard at a separate
hearing before the Administrative Hearing on the contest of the citation. At the"
conclusion of the hearing on the waiver request, the Hearing Officer shall issue a
decision and designated on the Notice of Decision form the date set for the
Administrative Hearing which shall be within .45 days. A copy of the Notice of
Decision shall be delivered to the citee at the end of the hearing on the waiver
request.
(d) If the waiver is denied by the Hearing Officer, the citee shall deposit
the fine specified on the citation at least 3 business days before the date of the
Administrative Hearing.
(e) The filing of a request for hardship waiver of the fine deposit does not
extend the time within which to request an Administrative Hearing or any other
time set forth in this chapter, except provided in subsection (d), above. A Hearing
Officer decision on the waiver is final and not subject to an appeal pursuant to
Section 1-44.
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Sec. 1-42 Administrative Hearing Procedure.
(a) No Administrative Hearing to contest a citation shall be held unless the
citee has first deposited the civil fine, unless waived, with the City Clerk's office
and filed a request for such hearing pursuant to section 1-40.
(b) The hearing shall be conducted by a Hearing Officer on the date, time
and place specified in the citation or on the date designated on the Notice of
Decision when there has been a decision on a request to waive the fine deposit.
c) The citee shall be given the opportunity to testify and to present
evidence relevant to the Code violation specified in the citation. A citee who is a
juvenile, under 18 years of age, shall be accompanied at the hearing by a parent or
legal guardian.
d) The citation, and other reports prepared by the Enforcement Officer,
or at his or her request, concerning the Code violation or attempted correction of
the Code violation contained in the public records of the City and presented at the
hearing to the. Hearing Officer shall be accepted by the Hearing Officer as prima
facie evidence of the Code violation and the facts stated in such documents. The
City Clerk's Office shall ensure that the citation case file is delivered to the Hearing
Officer for those citations set for an Administrative Hearing.
(e) Neither the Enforcement Officer nor any other representative of the
City shall be required to attend the hearing, nor required to submit to the Hearing
Officer any evidence other than the citation and any additional reports or
documents in the public records of the City on the violation, however, any such
appearance and/or submission may be made at the discretion of the Enforcement
Officer or City employee or agent.
(f) The Hearing Officer may continue the hearing for a waiver of the fine
deposit or an Administrative Hearing to contest a citation upon the request of the
citee, or the citee's representative, or the representative of the City upon a showing
of good cause. All continuance requests shall either be made in person at the
hearing or by a written request received by the City Clerk's Office at least 24 hours
before the hearing date. If the continuance is granted, a rnew hearing date shall be
set within 45 days, and if continuance is denied, failure to appear at the original
hearing date by the citee shall constitute an abandonment of the request for waiver
of the fine deposit or contest of the citation. The Hearing Officer shall either;
personally deliver the Notice of Decision on the decision or cause the notice to be
mailed by the City Clerk's Office.
(g) The hearing shall be conducted informally and the legal rules of
evidence need not be followed. The Hearing Officer does not have the authority to
issue a subpoena.
-( h) The unexcused failure of the citee to appear at the hearing shall
constitute an abandonment of the contest and a failure to exhaust administrative
remedies concerning the violation as set forth in the citation. The failure to appear
by the citee shall be noted on the Notice of Decision by the Hearing Officer.
(i) The City Clerk's Office shall notify the Hearing Officer of all deposits
made of the fine and waivers granted.
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Sec. 1-43. Administrative Hearing Decision.
(a) After considering all the evidence and testimony submitted at the
hearing, the Hearing Officer shall issue a written decision to uphold the citation or
cancel it on a Notice of Decision form and designate the reasons and evidence
considered for the decision. The decision of the Hearing Officer on a request for a
fine deposit waiver or on a contest of the citation by shall be made at the
conclusion of the hearing and shall be final. The Notice of Decision on such
requests shall be personally delivered to the citee at the conclusion of the hearing.
(b) Upon a request for a continuance, a copy of the written decision shall,
according to the Hearing Officer's discretion, either be given to the citee at the end
of the hearing or mailed by the City Clerk by first class mail to the citee where the
hearing results in a continuance of the hearing on the request for a waiver of a fine
deposit or request for an Administrative Hearing. A copy of the Notice of Decision
shall be filed with the City Clerk's office.
(c) If the decision is to uphold the citation, the City shall keep the fine
deposited. If the decision is to cancel the citation, then the City shall refund the
fine deposit to the citee within 30 days of the filing of the decision. If the citation
is upheld and the fine deposit has been waived, the fine shall be due on the date
the decision is given to the citee at the end of the hearing by the Hearing Officer,
(d) The Hearing Officer's continued employment, performance evaluation,
compensation, and benefits shall not directly or indirectly be linked to the amount
of citationsupheld or canceled by the officer.
Sec. 1-44. Right to Judicial Review.
(a) The citee may seek judicial review of the Administrative Hearing
decision by filing an appeal with the Municipal Court within 20 calendar days after
the citee receives a copy of the Notice of Decision at the conclusion of the hearing
in accordance with the provisions of California Government Code section 53069.4.
No appeal is permitted from a decision on a request for preliminary review, or an
extension of the 30 -day correction period for building violations, or a request for
waiver of the fine deposit, or where the citee is deemed to have abandoned the
contest of the citation or fine by an unexcused nonappearance at the hearing or
failure to deposit the fine.
(b) The City Attorney or his/her designee, shall forward to the Municipal
Court within 15 days of its request, the files for any case appealed to that court. If
the Municipal Court cancels any citation., the City will refund any fine deposit made
and the $25 appeal filing fee.
Sec. 1-45., Collection of Unpaid Fines.
(a) The . City at its discretion may pursue any and all legal and equitable
remedies for the collection of unpaid fines and 'penalties. Pursuit of one remedy
does not preclude the pursuit of any other remedies until the total fines and
penalties owed by a person under this chapter have been collected.
(b) Any violation of this Code shall constitute a nuisance. To compel code
compliance, the City may seek to abate the nuisance and collect the costs incurred
by means of a nuisance abatement lien and/or special assessment against the
property where the property related violation occurred. Any unpaid delinquent civil
fines and penalties may be recovered as part of any such lien or special assessment
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against the property of the responsible person who is the owner of the property
where the violation occurred- pursuant to Government Code sections 38773.1 and
38773.5.
(c) To pursue an abatement of a code violation as a nuisance and recover
the costs, including any delinquent civil fines, interest and penalties, as an
abatement lien or special assessment, the Director may at his or her discretion
request that the City Council by resolution confirm the amount of the lien and
authorize him or her to request the County Recorder to record notice of the lien, or
special assessment, and take any other necessary action to enforce collection of
this lien; or special assessment.
(d) To pursue an abatement of a code violation as a nuisance and recover
the costs, including any delinquent civil fines, interest and penalties,* as a lien or
special assessment, the Director may at his or her discretion send to the County
Tax Collector a notice of the abatement costs and/or delinquent fines, interest and
penalties requesting that these sums be collected as a lien or assessment against
the responsible person's property where the violation occurred. The Director may
also take any other steps necessary to enforce collection of this lien or assessment,
including the recording of a Notice of Assessment against the property involved.
The lien or assessment shall be imposed on the date the citation for the Code
violation is issued to the responsible person and becomes effective upon the
recording of a Notice of Lien or Assessment by the County Recorder.
(e) The Director may utilize the procedures of this section to collect
delinquent civil fines, interest and penalties by means of an abatement lien and/or
special assessment provided the amount of the delinquent fines, interest and
penalties totals $250 or more and has been delinquent for 60 days or more. The
Director may pursue these remedies whether or not the City is pursuing any other
action to terminate an ongoing Code violation that was the basis for the fine.
(f) All citations shall contain a notice that unpaid fines, interest and
penalties are subject to the assessment and lien collection procedures of this
section.
(g) - A citee may, contest the amount and/or validity of any lien or
assessment ,for a civil fine at any public hearing to confirm the lien or assessment
by City Council pursuant 'to subsection (c) or (d) of this section. Such contest by.
the citee shall be limited to the amount of the lien or assessment. Pursuit of such' -
an objection by a responsible person is necessary .to exhaust the administrative
remedies concerning a legal challenge to the validity of any such lien or
assessment.
(h) The City may refuse to issue to any person who has unpaid delinquent
fines, interest, penalties, liens or assessments any City permit, license, or other
City approval pertaining to the property, real or personal, that is the subject of the
fine and citation pursuant to this chapter.
Section 4. ' Severability.
If any chapter, article, section, subsection, subdivision, sentence, clause,
phrase, or portion of this Ordinance, or the application thereof to any person, is for
any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portion of this Ordinance or its application to other persons. The City Council
hereby declares that it would have adopted this Ordinance and each chapter,
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article, section, subsection, subdivision, sentence, clause, phrase or portion thereof,
irrespective of the fact that any one or more subsections, subdivisions, sentences,
clauses, phrases, or portions of the application thereof to any person, be declared
invalid or unconstitutional. No portion of this Ordinance shall supersede any local,
State, or Federal law, regulation, or codes dealing with life safety factors.
Section 5. Publication.
This ordinance shall take affect and be in full force and effect on November
1, 1997, and, before the expiration of fifteen (15) days after its passage, shall be
published once in the NEWPORT BEACH -COSTA MESA PILOT, a newspaper of
general circulation printed and published in the City of Costa Mesa, or, in the
alternative, the City Clerk may cause to be published a summary of this ordinance
and a certified- copy of the text of this ordinance shall be posted in the office of the
City Clerk five (5) days prior to the date of adoption of this ordinance, and with
fifteen (15) DAYS AFTER ADOPTION, THE City Clerk shall cause to be published
the aforementioned summary and shall post in the office of the City Clerk a
certified copy of this ordinance together with the names of the members of the City
Council voting for and against the same.
PASSED AND ADOPTED this a^=� day of , 1997.
ATTEST:
Deputy f1ty Clerk of the
City of Ubsta Mesa
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APPROVED AS TO FORM:
��/j iz`-e-�7
City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio clerk of the City
Council of the City of Costa Mesa, hereby certify that the above ordinance No. 97-
X1 was introduced and considered section by section at a regular meeting of said
City Council held on the 164-' day of 1997, and thereafter passed and
ado ted as a whole at a regular meeting c; said City Council held on the a Nay
of 1997, by the following roll call vote:
AYES: 1" -LA FFA IIDNANAAJ GfLiCb2SaIJ� 00L)Al/J,
NOES: ]Jo tvc
ABSENT: I D,\JE
IN WITNESS WHEREOF, ave hereunto set my hand and affixed the seal of
the City of Costa Mesa this I hday of 1997.
Deputy Ci Clerk and ex -officio
Clerk of thV City Council of the
City of Costa Mesa
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