ORD 1236 06/26/2018 1 Of C19
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"City of Choice"
ORDINANCE NO. /236
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CIBOLO,TEXAS ENACTING
REGULATIONS WITH RESPECT TO SUBSTANDARD, UNSECURED OR DANGEROUS
BUILDINGS OR STRUCTURES, SPECIFYING THE REMEDIES AVAILABLE TO THE
CITY TO OBTAIN COMPLIANCE WITH THOSE REGULATIONS, AUTHORIZING THE
CITY TO TAKE CERTAIN ACTIONS TO REMEDY VIOLATIONS AND PROVIDING
METHODS BY WHICH IT CAN RECOVER ITS EXPENSES IN DOING SO, ENACTING
CIVIL PENALTIES AND CRIMINAL SANCTIONS AND PENALTIES FOR VIOLATION
OF THE REGULATIONS, REPEALING CERTAIN PRIOR DANGEROUS BUILDING
REGULATIONS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS,the City Council of the City of Cibolo, Texas has determined that the health
safety and welfare of its citizens and the City require the adoption of rules and procedures which will
regulate certain substandard, unsecured or dangerous buildings or structures; and
WHEREAS, the City is authorized to enact and enforce such regulations pursuant to
Subchapter A of Chapter 214 of the Texas Local Government Code and Subchapter B of Chapter 54
of the Texas Local Government; and
WHEREAS,this Ordinance was adopted at a meeting of the City Council of the City of
Cibolo, Texas: (i) at which a quorum of the members of the City Council were present, (ii)which was
open to the public, as required by Chapter 551 of the Texas Government Code(the Open Meetings
Act), and(iii)which was preceded with the notice required by the Texas Open Meetings Act.
NOW, THEREFORE,BE IT ORDAINED by the City Council of the City of Cibolo, Texas
that the following regulations and provisions be adopted:
SECTION 1. Enactment of Substandard Building Regulations. That a new article 14.6 be
enacted and added to the City's code of ordinances to read as follows:
Sec. 14.6.01 Definitions. The following definitions shall be applicable in this article 14.06.
"Building" shall mean any structure used, or intended for, supporting or sheltering any use or
occupancy and shall include: (i) any structure classified as a"building"pursuant to Section 202 of the
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International Building Code, adopted by section 14.2 of this code, and (ii) a dwelling.
"Dwelling" shall mean a building designed or intended for human habitation and shall include
those structures that are classified as a"dwelling"under Section 202 of the International
Building Code adopted by section 14.2 of this code and all structures described in, and referred
to, in Section 310.1 of the International Building Code adopted by section 14.2 of this code.
"Building codes"shall mean the technical building codes adopted pursuant to Section 14.2 of
this code. "Applicable building codes" shall mean any and all building codes which are
applicable to the particular condition or component of a structure or building which is being
addressed.
"Owner"means the person or firm that owns a building or structure and shall include any
person that has legal or equitable to the building or structure. Each owner of a building or
structure shall be jointly and severally responsible for compliance with all provisions of this
article 14.06. It shall not be a defense to prosecution or any other sanctions or the use of the
city's remedies under this article 14.06 if a joint owner is not prosecuted, sanctioned or
required to perform remediation or assessed expenses.
"Structure" shall mean any improvement which is built, constructed or located on real property
other than a dwelling or building and shall include any fence, shed, or awning.
Sec. 14.6.02 Buildings and Structures Regulated. The following buildings or structures, regardless of
their date of construction, are subject to the regulations in this article 14.06 and may be referred to in
this article 14.06 by the titles set forth in subdivisions (1), (2) and (3) below:
(A) Substandard Building or Structure. Any building or structure that is dilapidated,
substandard, or unfit for human habitation and a hazard to public health, safety, and welfare.
A building or structure is presumed to be a substandard building or structure if it does not meet
the following minimum standards:
(1) A dwelling must have an adequate water closet, lavatory, bathtub or shower,
kitchen sink, hot and cold running water to plumbing fixtures, as required by the
applicable building codes.
(2) A dwelling must have adequate heating facilities and ventilating equipment.
(3) A dwelling must have lighting that is proper installed and that is operating in
accordance with any applicable building codes.
(4) All electrical wiring in any building or structure must be installed and operating in
accordance with all applicable building codes.
(5) A dwelling must not have dampness in any portion used, or constructed for
use, as a human habitation.
(6) Buildings and structures must be free of hazardous or unsanitary items or
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conditions including any accumulation of weeds, vegetation, junk, dead organic
matter, debris, garbage, offal, stagnant water or conditions likely to harbor or promote
the breeding or infestation of insects, snakes, vermin or rodents.
(7) Buildings and structures and components thereof must be maintained in accordance
with all applicable building codes, including, without limitation,the following codes
adopted by section 14.2 of this code: the International Building Code,the International
Residential Code, the ICC Electrical Code (Administrative Use of the National
Electrical Code), the International Fire Code, the International Plumbing Code,the
International Mechanical Code,the International Fuel Gas Code and the International
Property Maintenance Code.
(8) Dwellings must be properly connected to the city's sanitary sewer system unless
they are connected to an on-site sewer system which has been approved by the city's
health department.
(9)A building or structure with a water closet, lavatory, bathtub, shower, or clothes
washer or dish washer must be properly connected to the city's sanitary sewer system
unless they are connected to an on-site sewer system which has been approved by the .
city's health inspector.
(10) A building must not have garbage, rubbish or other unsightly material in or
around its location.
(11) A building must have a foundation which is adequate to support the building and
loads imposed on the foundation in a safe manner.
(12) A building must have flooring and floor supports of sufficient size, structure and
condition to carry loads imposed in a safe manner.
(13) The walls, partitions or other vertical support members of a building or structure
must be adequate to carry the imposed loads in a safe manner and support the roof of
the building or structure; and must not be split, must not lean, must not list or must not
buckle.
(14) The ceilings, roofs, and ceiling and roof supports of a building or structure must
be of sufficient size, structure and condition to carry imposed loads in a safe manner
and must not sag, split or buckle.
(15) Chimneys and ventilation systems for fireplaces and stoves must be of sufficient
size, structure and condition to effectively remove smoke and other gases created
from combustion in the fireplace or stove in a safe manner and must be
sufficiently insulated so that they do not create a risk or hazard of fire to
adjacent structures within the building in which they are installed.
(16) Chimneys and ventilation systems for fireplaces and stoves and fireplaces must
have sufficient strength, structure and condition to carry the structural loads imposed
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on them in a safe manner.
(17) All plumbing in any building or structure shall be installed and in a condition that
complies with the International Plumbing Code adopted pursuant to section 14.2 of this
code.
(18) All mechanical systems in a building or structure shall be installed in a condition
that complies with the International Mechanical Code adopted by section 14.2 of
this code.
(19) All buildings shall have effective waterproofing on exterior walls, roofs,
foundations or floors. The following are examples of ineffective waterproofing:
deteriorated, crumbling or loose plaster on exterior walls or foundations, broken
or missing exterior windows or doors, lack of paint on exterior walls, broken, rotted,
split or buckled exterior wall coverings or roof coverings.
(20) All buildings and structures shall be free of combustible waste or vegetation or
from any substance which could be an accelerant to a fire or likely to cause an
explosion unless the substance which could accelerate a fire or cause an explosion is
properly stored in accordance with applicable law.
(21) All buildings must have adequate exists as required by applicable building codes.
(22) When any portion of a building is used as a living or sleeping quarters or a place
where food is cooked for human consumption, such building shall comply with the
building codes applicable to dwellings with respect to its plumbing, electrical and
heating systems.
(23) A building that is damaged by fire, windstorm, hail, or acts of vandalism shall be
immediately secured to avoid it being an unsecured building or structure or a
dangerous building or structure and work to bring the building or structure into
compliance with the regulations of this article 14.06 must be commenced within 30
days unless a longer time period is permitted by the Chief Building Official or Code
Enforcement Officer.
(B) Unsecured Building or Structure. Any building or structure that, regardless of its
structural condition, is unoccupied by its owners, lessees, or other invitees and is unsecured
from unauthorized entry to the extent that it could be entered or used by vagrants or other
uninvited persons as a place of harborage or could be entered or used by children.
(C) Dangerous Building or Structure. Any building or structure that is boarded up, fenced, or
otherwise secured in any manner if:
(1) the building or structure constitutes a danger to the public even though secured
from entry; or
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(2) the means used to secure the building or structure are inadequate to prevent
unauthorized entry or use of the building in the manner described in Sub-section(B) of
this section 14.6.02.
Sec. 14.6.03 Offenses; Penalty.
(A) Maintaining a Nuisance. A substandard building or structure, an unsecured building or
structure or a dangerous building or structure, as defined by Section 14.6.02 is hereby declared
a nuisance. It shall be unlawful for the owner of a building or a structure to allow it to exist in
a condition in which it is a substandard building or structure, an unsecured building or
structure or a dangerous building or structure, as defined by Section 14.6.02.
(B) Failure to Comply with City Council Order. It shall be unlawful for any person to fail to
timely comply with an order of the city council entered pursuant to section 14.6.07, requiring
the vacation, relocation of occupants, securing, repair, removal or demolition of a
substandard building or structure, an unsecured building or structure or a dangerous building or
structure as defined by Section 14.6.02.
(C) Penalty. Any person, firm or corporation who shall fail to comply with any of the
provisions of this Section 14.6.02 commits an offense and shall, upon conviction thereof, be
punished by a fine in accordance with the general penalty provision found in Section 14.6.11
of this code.
Sec. 14.6.04 City Authority to Require Remediation. The city may require the vacation, relocation or
occupants, securing, repair, removal or demolition of a substandard building or structure, an unsecured
building or structure or a dangerous building or structure as defined by Section 14.6.02 by the
procedures specified in this article 14.06.
Sec. 14.6.05 Complaint and Notice.
(A) Complaint. The Chief Building Official or the Code Enforcement Officer of the city shall
prepare a written complaint with respect to any building or structure that is a substandard
building or structure, an unsecured building or structure or a dangerous building or structure,
as defined by Section 14.6.02. The complaint shall contain the following:
(1) Identification of the building or structure (which shall not require a legal
description of the property);
(2) A description of the manner in which the building or structure is a substandard
building or structure, an unsecured building or structure or a dangerous building or
structure, as defined by Section 14.6.02;
(3) The name, office address and phone number of the Chief Building Official or Code
Enforcement Officer that can be contacted during regular office hours to discuss the
complaint;
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(4) Direction to the owner, lienholder or mortgagee that they must by either: (i)
remedy the violations in the complaint by a date certain or(ii) present the Chief
Building Official or Code Enforcement Officer with a detailed plan stating the manner
in which each violation will be remedied and the time by which all work necessary to
remedy the violations will be completed, which plan shall be presented to the Chief
Building Official or Code Enforcement Officer by a date certain specified in the
complaint;
(5) A statement that a public hearing will be held on the complaint before the city
council if the owner fails to comply with subsection (4) preceding by the
deadlines stated therein or if the owner or lienholder or mortgagee desires to contest the
allegations in the complaint:
(6) The date,time and place of the public hearing before the city council; and
(7) The following statement:
The owner, lienholder or mortgagee of this property will be required to submit
at the public hearing proof of the scope of any work that may be required to
comply with article 14.06 of Cibolo's code of ordinances and the time it will
take to reasonably perform the work.
(B) Notice of the Complaint and Hearing. The complaint shall be mailed to the owner and
any lienholder or mortgagee of the building or structure. The following procedures shall
govern the mailing of such notice.
(1) Determining Identity and Address of Owner,Lienholder or Mortgagee. The city
will search the following records to determine the identity and address of an owner, a
lienholder, or a mortgagee:
(a) the real property records of Guadalupe County, Texas;
(b) the records of the Guadalupe County Central Appraisal District;
(c) the records of the Secretary of State of the State of Texas;
(d) the assumed name records of Guadalupe County, Texas;
(e) the tax records of Cibolo,Texas; and
(f) the utility records of Cibolo,Texas.
(2) Method of Mailing. The complaint and notice of hearing shall be mailed to
the owner and any lienholder or mortgagee of the building or structure by certified mail
with return receipt requested, delivered by the United States Postal Service using
signature confirmation service or by personal delivery to the owner, lienholder or
mortgagee of the building or structure. If a notice or complaint is mailed in accordance
with this subsection to a property owner, lienholder, mortgagee, or registered agent and
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the United States Postal Service returns the notice as "refused" or "unclaimed,"
the validity of the notice is not affected, and the notice is considered delivered.
Sec. 14.6.06 Public Hearing; Procedure.
(A) Hearing Before City Council. The public hearing on the complaint shall be conducted by
the city council.
(B) Evidence;Burden of Proof. At the public hearing on a complaint the city council shall
consider any verbal or written evidence presented by the Chief Building Official or Code
Enforcement Officer and by the owner, lienholder or mortgagee;however,the presentation of
evidence shall be subject to any procedural rules applicable to public hearings or proceedings
before the city council. In the public hearing the owner, lienholder, or mortgagee has the
burden of proof to demonstrate the scope of any work that may be required to comply with the
ordinance and the time it will take to reasonably perform the work.
Sec. 14.6.07 Action By City Council Following Public Hearing. After the public hearing if the
city council determines that the building or structure which is the subject of the hearing is a
substandard building or structure, an unsecured building or structure or a dangerous building or
structure, as defined in Section 14.6.02, the city council may order that the building or structure be
vacated, secured, repaired, removed or demolished by the owner within a reasonable time and may
order that any occupants of a building be relocated within a reasonable time. The order of the city
council shall be reduced to writing and shall be signed by the mayor or the mayor pro tern and the city
secretary.
Sec. 14.6.08 Time Periods for Remediation. If the city council orders the owner to remediate
violations with respect to a building or structure,the remediation work shall be conducted within the
following time periods:
(A) 30 Days. Except as provided in subsections (B) and (C) below the owner shall secure
the building or structure or repair, remove, or demolish the building or structure within 30
days from the date of the public hearing.
(B) More Than 30 Days; Conditions. If the city council finds that the work required to
remedy all violations cannot be accomplished within 30 days from the date of the public
hearing, the city council may allow the owner, lienholder or mortgagee of the building or
structure more than 30 days to repair, remove, or demolish the building or structure if the
following conditions are satisfied:
(1) The city council establishes a specific time schedule for the commencement and
performance of the work; and
(2) Requires the owner, lienholder or mortgagee of the building or structure to secure
the property in a reasonable manner from unauthorized entry while the work is being
performed in a manner approved by the Chief Building Official or Code Enforcement
Officer.
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(C) More Than 90 Days;Additional Conditions. The city council may not allow the owner,
lienholder or mortgagee of the building or structure more than 90 days to repair, remove, or
demolish the building or structure unless the owner, lienholder or mortgagee:
(1) submits a detailed plan and time schedule for the work at the hearing;
(2) establishes at the hearing that the work cannot reasonably be completed
within 90 days because of the scope and complexity of the work; and
(3) is required to by the city council's order to regularly submit progress reports to the
Chief Building Official or Code Enforcement Officer to demonstrate compliance with
the time schedules established for commencement and performance of the work.
(D) Bond as Additional Condition in Certain Circumstances. If the city council allows the
owner, lienholder or mortgagee of a building or structure more than 90 days to complete the
required repairs, removal or demolition of a building or structure and if the owner, lienholder,
or mortgagee owns property, including structures or improvements on property, within the
boundaries of the city that exceeds$100,000 in total value,the city may require the owner,
lienholder, or mortgagee to post a cash or surety bond in an amount adequate to cover the cost
of repairing, removing, or demolishing a building or structure under this article 14.06. In lieu
of a bond,the city may require the owner, lienholder, or mortgagee to provide a letter of credit
from a financial institution or a guaranty from a third party approved by the city. The bond
must be posted, or the letter of credit or third party guaranty provided, not later than the 30th
day after the date the city issues the order.
Sec. 14.6.09 Notice of City Council's Order. Notice of the city council's order shall be given as
follows:
(A) It shall be promptly mailed to the owner and any lienholder or mortgagee of the building
or structure by certified mail with return receipt requested, delivered by the United States
Postal Service using signature confirmation service or by personal delivery to the owner,
lienholder or mortgagee of the building or structure.
(B) A copy of the order shall be filed with the city secretary within 10 days after the date the
order is issued.
(C) A notice shall be published in a newspaper of general circulation in the city within 10 days
after the date the order is issued. The published notice shall state the street address or legal
description of the property, the date of the public hearing, a brief statement of the results of the
order and instructions on where a complete copy of the order may be obtained.
Sec. 14.6.10 Judicial Review.
(A) Pursuant to Texas Local Government Code Section 214.0012 any owner, lienholder, or
mortgagee of record of property jointly or severally aggrieved by an order of City Council issued
under Section 14.6.07 may file in district court a verified petition setting forth that the decision
is illegal, in whole or in part, and specifying the grounds of the illegality.
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(B) The petition must be filed by an owner, lienholder, or mortgagee within 30 calendar days
after the respective dates a copy of the final decision of the municipality is personally delivered
to them, mailed to them by first class mail with certified return receipt requested, or delivered
to them by the United States Postal Service using signature confirmation service, or such
decision shall become final as to each of them upon the expiration of each such 30 calendar
day period.
Sec. 14.6.11 Remediation by the City; Civil Penalty.
(A) Securing the Building or Structure. If the building or structure is not vacated, secured,
repaired, removed, or demolished, or the occupants are not relocated within the allotted time in
the city council's order, the city may vacate, secure,remove, or demolish the building or
relocate the occupants at its own expense.
(B) Repairing the Certain Buildings. If the building is a residential building with 10 or fewer
dwelling units and is not repaired within the allotted time in the city council's order, the city
may repair the building and assess the expenses on the land on which the building or structure
stands or to which it is attached. The city may repair the building only to the extent necessary
to bring it into compliance with the minimum standards set forth in this article 14.06. The
repairs may not improve the building to the extent that the building exceeds those minimum
housing standards.
(C) Civil Penalty. If the building or structure is not vacated, secured, repaired, removed, or
demolished, or the occupants are not relocated within the allotted time in the city council's
order, the city may assess a civil penalty against the property owner for failure to repair,
remove, or demolish the building or structure and provide for that assessment,the mode and
manner of giving notice, and the means of recovering the assessment. The civil penalty shall
only be imposed if the owner does not complete the action required by the city council's order
within the time period specified in such order. Any civil penalty shall be specified in the city
council's order but shall not to exceed$1,000 a day for each violation or, if the owner shows
that the property is the owner's lawful homestead, in an amount not to exceed$10 a day for
each violation, if the city council finds:
(1) that the property owner was notified of the requirements of this article 14.06 and
the owner's need to comply with the requirements; and
(2) after notification, the property owner committed an act in violation of this article
14.06 or failed to take an action necessary for compliance with this article 14.06.
Sec. 14.6.12 Lien for City's Expenses and Civil Penalty. The city may impose a lien against the land
on which a building or structure stands or stood, unless it is a homestead as protected by the Texas
Constitution, to secure the payment of any repair, removal, or demolition expenses incurred by the city
pursuant to Section 14.6.10 or any civil penalty assessed by the city pursuant to Section 14.6.10. The
lien is extinguished if the property owner or another person having an interest in the legal title to the
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property reimburses the municipality for the expenses.
(A) Contents of Lien Notice. The lien notice must contain the name and address of the
owner if that information can be determined with a reasonable effort, a legal
description of the real property on which the building or structure was located, the
amount of expenses incurred by the city, and the balance due.
(B) Lien Attachment and Priority. The lien arises and attaches to the property at the time the
notice of the lien is recorded and indexed in the office of the County Clerk of Guadalupe
County, Texas. If notice has been given to the owner and any lienholder or mortgagee prior to
the public hearings so that such persons or firms are the opportunity to relocate the tenants of
the building or to repair,remove, or demolish the building or structure,the lien is a privileged
lien subordinate only to tax liens but shall be inferior to any previously recorded bona fide
mortgage lien attached to the real property if the mortgage lien was filed for record in the
office of the County Clerk of Guadalupe County, Texas before the date the civil penalty is
assessed or the repair, removal, or demolition is begun by the municipality. The city's lien is
superior to all other previously recorded judgment liens.
(C) Interest. Any civil penalty or other assessment imposed shall accrue interest at the rate of
10 percent a year from the date of the assessment until paid in full.
Sec. 14.6.13 Additional Authority to Secure Certain Buildings or Structures.
(A) Authority to Secure. The city may secure a substandard building or structure, an
unsecured building or structure or a dangerous building or structure, as defined by Section
14.6.02 and the building or structure is unoccupied or is occupied only by persons who do not
have a right of possession to the building or structure.
(B) Notice to Owner. Before the 11th day after the date the building or structure is secured,
the city will give notice to the owner by:
(1) personally serving the owner with written notice;
(2) depositing the notice in the United States mail addressed to the owner at the
owner's post office address;
(3) publishing the notice at least twice within a 10-day period in a newspaper of
general circulation in Guadalupe County, Texas if personal service cannot be obtained
and the owner's post office address is unknown; or
(4) posting the notice on or near the front door of the building or structure if personal
service cannot be obtained and the owner's post office address is unknown.
(C) Contents of Notice. The notice will contain:
(1) an identification, which is not required to be a legal description, of the building or
structure and the property on which it is located;
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(2) a description of the violation of the city standards that are present at the building or
structure;
(3) a statement that the city will secure or has secured, as the case may be, the building
or structure; and
(4) an explanation of the owner's right to request a hearing before the city council
about any matter relating to the municipality's securing of the building or
structure.
(D)Hearing. The city will conduct a hearing at which the owner may testify or present
witnesses or written information about any matter relating to the city's securing of the building
or structure if, within 30 days after the date the city secures the building or structure,the owner
files with the city secretary a written request for the hearing. The city shall conduct the
hearing within 20 days after the date the request is filed.
(E) Assessment of Expenses as Lien. The city shall have the same authority to assess
expenses under this section as it has to assess expenses under Section 14.6.11. A lien is
created under this section in the same manner that a lien is created under Section 14.6.11 and is
subject to the same conditions as a lien created under that section.
(F) Authority to Secure is Cumulative. The authority granted to the city by this section is in
addition to the city's authority to require remediation by the owner, lienholder or mortgagee
pursuant to other provisions of article 14.06 or its authority to impose civil penalties or
criminal sanctions.
Sec. 14.6.14 Judicial Enforcement. In addition to the remedies which the city has pursuant to other
provisions of this article 14.06, the city may bring a civil action pursuant to Subchapter B of Chapter
54 of the Texas Local Government Code with respect to violations of this article 14.06. In any such
civil action the city may ask for injunctive relief,the assessment of a civil penalty, an order
compelling the repair or demolition of a building or structure, the recovery of its costs in enforcing the
provisions of this article 14.06 and in bringing any such civil action, and any other relief that it may be
entitled to request under applicable law.
SECTION 2. Severability. If any clause, section, or other part or application of this
Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid part or application shall be considered as eliminated and so not affecting
the remaining portions or applications remaining in full force and effect.
SECTION 3. Effective Date. This ordinance shall become effective ten(10) days after its
publication in the Seguin Gazette.
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PASSED AND APPROVED on a 6 761.n e , 2018.
tosh Bo -
Mayor
_
ATTEST: - _ -
/ .-- ----,96.7 ---Z.,„._., .. `
Peggy Cimics, TRMC •-, -
City Secretary
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:,,.,,.
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