HomeMy Public PortalAbout18-17 AMENDING CHAPTER 7 ENTITLED BUILDING, HOUSING AND STRUCTURAL REGULATIONS 1st Reading: 10/24/2018
2nd Reading 11/14/2018
Public Hearings: 10/24/2018 and 11/14/2018
Adopted: 11/14/2018
Effective Date: 11/14/2018
Sponsor: Commissioner Riley
ORDINANCE NO. 18-17
AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA,
AMENDING CHAPTER 7 OF THE CODE OF
ORDINANCES OF OPA-LOCKA, FLORIDA,
ENTITLED 'BUILDING, HOUSING AND
STRUCTURAL REGULATIONS " AMENDING
ARTICLE II "HOUSING" TO CREATE THE
POSITION OF MINIMUM HOUSING
OFFICER; AND PROVIDING FOR PENALTIES
AND ENFORCEMENT; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION
AND AN EFFECTIVE DATE.
WHEREAS, minimum housing standards were first implemented in
unincorporated Miami-Dade County and the municipalities in 1963, to create standards to
protect the public health, safety, morals and welfare of all the people of Miami-Dade
County; and
WHEREAS, these uniform standards required all dwellings, dwelling units,
rooming houses and rooming units to be maintained in a safe and sanitary condition and
required basic operable equipment therein for the comfort and safety of the unit
occupants; and
WHEREAS, since the inception of the minimum housing standards in the Code
of Miami-Dade County, many of the standards contained in Article II have been
duplicated, superseded or incorporated into various other County and municipal zoning
codes, the Florida Building code, and are in some cases now preempted by state law; and
WHEREAS, for example, Chapter 509 of the Florida Statutes gives exclusive
jurisdiction to the Division of Hotels and Restaurants of the Florida Department of
Business and Professional Regulation over enforcement of minimum housing standards
in dwellings, dwelling units, rooming houses and rooming units which contain five units
or more; and
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WHEREAS, amendments to Article II of the Minimum Housing Standards
Ordinance enable all municipal Minimum Housing Enforcement Officers to seek
assistance from the County regarding any individual minimum housing enforcement
action, where necessary; and
WHEREAS, amendments to Article II also enable the Miami-Dade County
Minimum Housing Enforcement Officer to be directed to assist, mediate or intercede
within the territorial limits of any municipality to ensure the requirements of Chapter
17 are uniformly enforced in the event it is determined the municipal Enforcement
Agency is unable or otherwise fails to enforce this Chapter, better protecting the
residents throughout Miami-Dade County.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA:
SECTION 1. RECITALS
The recitals to the preamble herein are incorporated by reference.
SECTION 2. ADOPTION
Article II of Chapter 7 of the Code of Ordinances of the City of Opa-locka, Florida, is
amended as follows:
ARTICLE II. - HOUSING
Sec. 7-23. - County ordinance applicable.
The Metropolitan Miami-Dade County Minimum Housing Standards
Ordinance, being Ordinance Number 18-18, codified as Chapter 17 of
the Code of Mt epel-i-tan Miami-Dade County, Florida, as from time to
time amended, shall be the minimum standard for housing in the city.
Sec. 7-24. - Enforcement of county ordinance.
The proper officers, officials and employees' Minimum Housing
Enforcement Officer of the city shall enforce the minimum standards
prescribed by the provisions of the said minimum housing standards
ordinance within the territorial limits of this municipality.
Sec.7-25.— Created.
There is hereby created and established the Neighborhood
Enhancement Action Team (NEAT). the position of Minimum Housing
Enforcement Officer. Such officer shall be designated by the City
Manager on the basis of qualifications and experience. The Minimum
Housing Enforcement Officer may appoint such subordinate enforcement
officers as may be necessary in order that the duties may be properly
performed, subject to budget limitations.
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Sec. 7-26. - Pur-pose. Powers.
- - -- -- - •
and other Code provisions. -
The powers of the Minimum Housing Enforcement Officer shall
include the following:
1. The enforcement of the provisions of this article and rules and regulations
promulgated hereunder, and all municipal ordinances, codes, rules and
regulations as applicable pertaining to housing and the use and occupancy
of dwellings, and all rules and regulations of the Florida State Board of
Health and the Florida Hotel and Restaurant Commission, in cooperation
with such State agencies, except where preempted, in the City of Opa-
locka.
2. Investigation of complaints and institution of enforcement actions
necessary to abate all violations of municipal regulations, as applicable,
governing the use and occupancy of housing premises of four units or less.
In addition to inspections resulting from complaints, inspections may be
made at the request of the owner of the subject property provided such
requested inspections are for the purpose of qualifying for participation in
a governmental program. The Minimum Housing Enforcement Officer
shall have the power and authority to charge and collect fees for making
inspections. The fees charged shall be as set forth in the applicable duly
adopted municipal fee schedule
3. Publication and dissemination of information to the public concerning all
matters relating to minimum housing standards and the advantages of
adequate housing facilities.
4. Rendering of all possible assistance and cooperation to federal, State and
local agencies and officials in the accomplishment of effective minimum
housing standards and controls.
5. Any municipal Minimum Housing Enforcement Officer may seek
assistance from the County regarding an individual enforcement action.
Such request shall be made in writing expressing the purpose therefor and
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submitted to the Miami-Dade County Enforcement Agency.
6. The Minimum Housing Enforcement Officer shall have the power and
authority to charge and collect fees as described in Section 7-26 (2) herein
for rendering inspection assistance and to recover the costs of
enforcement as provided for in this chapter.
7. Make periodic reports as may be necessary, concerning the status of
minimum housing standards and the enforcement of the provisions of this
article, and recommendations concerning the improvement of minimum
housing standards and controls.
8. Perform such other administrative duties as may be assigned by the City of
Opa-locka
Sec. 7-27. - CempositionAdentification of Minimum Housing Officer;
conflict of interest
-- - - s epartment, public works an`1 1 uildin a
licenses as duly designated by the city manager. The Minimum
Housing Enforcement Officer and all subordinate enforcement
officers shall be furnished with official identification cards issued by the
City of Opa-locka which identification cards shall contain the name of the
officer, the officer's photograph, and pertinent descriptive identifying
information, and such other matters designed to facilitate recognition by
the public of the status of such official. Upon request, the Minimum
Housing Enforcement Officer and enforcement officers shall exhibit such
identification when entering any dwelling, dwelling unit, rooming house,
rooming unit or premises. The requirements of this section shall not in any
wise be construed as relieving the Minimum Housing Enforcement Officer
or enforcement officers from compliance with the procedures prescribed
in this article for making inspections.
No official, board member or employee charged with the
enforcement of this law shall have any financial interest, directly or
indirectly, in any repairs, corrections, construction or demolition which
may be required.
Sec. 7-28. -Duties-Authorized inspections.
The duties of the NEAT shall consist of providing annual visual
The Minimum Housing Enforcement Officer and enforcement officers
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shall be authorized to make inspections to determine the condition of
dwellings, dwelling units, rooming houses, rooming units and premises in
order to safeguard the health, safety, morals and welfare of the public. The
Minimum Housing Enforcement Officer and enforcement officers shall be
authorized to enter any dwelling, dwelling unit, rooming house, rooming
unit, or premises at any reasonable time, or at such other time as may be
necessary in an emergency, for the purpose of performing the duties of
such office under this article, in accordance with the procedures herein
prescribed. Except in emergencies endangering the public health, safety
and welfare, the Minimum Housing Enforcement Officer and enforcement
officers shall enter a dwelling, dwelling unit, rooming house, rooming unit
or premises only upon the prior or contemporaneous consent of the person
lawfully in occupancy thereof or the person having legal right of
possession thereof, or with a court order or inspection warrant, or in
accordance with the provisions of this section. When the Minimum
Housing Enforcement Officer or any enforce officer has reason to believe
that any dwelling, dwelling unit, rooming house, rooming or premises
is in violation of the provisions of this article, or when such officer
deems it necessary to make an inspection to determine whether a
facility is in violation of the minimum housing standards established
by this article, such officer shall request permission to make an
inspection from the person lawfully in occupancy thereof or from the
person having the legal right to possession thereof. In the event that
such person refuses to consent to the inspection, the Minimum
Housing Enforcement Officer or enforcement officer may apply to the
County Court or Circuit Court for the issuance of an inspection
warrant to be served by an officer duly authorized by law to serve
inspection warrants and make arrests for violations of this article. The
inspection warrant shall issue in accordance with the requirements of
the United States Supreme Court case of Camara v. Municipal Court of
the City and County of San Francisco, 18 L. Ed. 2d 930, 87 S. Ct. 1727
(1967) and Florida Statutes, Sections 933.20-933.30 and shall
authorize entry into and inspection of the premises described therein.
Refusal to permit an inspection pursuant to an inspection warrant
authorized by this section shall constitute a violation of this article and
shall subject the violator to the penalties prescribed herein and any
penalties deemed appropriate by the issuing court, as allowed by law.
Sec. 7-29. - ' • . . • . . . Notice of violations.
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In the event the NEAT finds noncompliance with the city's building and
appropriate action.
If other Code violations are observed upon inspection by NEAT of a
• • - - - ent with section 2 570.33 of the of
Ordinances.Whenever the Minimum Housing Enforcement Officer or
an enforcement officer finds and determines that there has been a
violation of the minimum housing standards established by this article,
the enforcement officer shall give notice of such violation to the
owner. Such notice shall be in writing, shall specify the violation and
shall specify the time for compliance. Such notice shall specify that the
violation must be corrected or a building permit for the work required
to correct the violation must be obtained from the City within the time
specified in the notice and that final compliance must conform to the
requirements of the Florida Building Code, as applicable. Such notice
shall contain an outline of the remedial action which, if taken, will
constitute compliance with the requirements of this article. Such notice
shall inform the owner of the right to apply to the Hearing Officer for a
hearing and review of matters within the notice as provided in Section 7-
32. Such notice shall also inform the owner that failure to comply will
result in enforcement action as provided in Section 7-30 of this Code.
Such notice shall be served upon the owner. Such notice shall be deemed
to be properly served and binding upon the property involved if a copy is
served by certified mail return receipt requested, addressed to the owner's
last known address. If the owner cannot be served by certified mail, a copy
of the notice shall be posted in a conspicuous place on the facilities or
premises involved. Such notice shall state the date of posting.
Sec. 7-30. - Annual-report Remedies for enforcement; consent
agreements; hindering or obstructing Minimum Housing
Enforcement Officer.
(a) It shall be unlawful for any person to fail to comply with the
minimum housing standards established by this article, or to fail or refuse
to comply with the requirements of any final order issued in accordance
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with the provisions of this article. Each day of continued violation shall be
considered as a separate offense.
(b) If any person shall knowingly fail or refuse to obey or comply
with, or willfully violates, any of the provisions of this article, or any
lawful final order issued hereunder, such person, upon conviction of such
offense, shall be punished by a fine not to exceed five hundred dollars
($500.00) or by imprisonment not to exceed sixty (60) days in the county
jail, or both, in the discretion of the court.
(c) The provisions of this article and final orders issued in accordance
with the provisions of this article may be enforced by mandatory
injunction, or other appropriate civil action. The Minimum Housing
Enforcement Officer may institute a civil action in a court of competent
jurisdiction. to impose and recover a civil penalty for each violation of any
provisions of this article, or any lawful final order issued, in an amount of
not more than five thousand dollars ($5,000.00) per offense. Each day
during any portion of which such violation occurs constitutes a separate
offense.
(d) The Minimum Housing Enforcement Officer or a subordinate
enforcement officer, may, in the Minimum Housing Enforcement Officer's
or subordinate enforcement officer's discretion, terminate an investigation
or an action commenced under the provisions of this article upon
execution of a written consent agreement between the Minimum Housing
Enforcement Officer or a subordinate enforcement officer and the record
owner of the land which is the subject of the investigation or action. The
consent agreement shall provide written assurance of voluntary
compliance with all the applicable provisions of this article by the record
owner. The consent agreement shall provide the following: Repayment of
costs to the City for investigation, enforcement, and litigation, including
attorneys' fees; and remedial or corrective action. The consent agreement
may, in the discretion of the Minimum Housing Enforcement Officer upon
agreement of the owner, provide for compensatory damages, punitive
damages and civil penalties. An executed written consent agreement shall
neither be evidence of a violation of this article nor shall such agreement
be deemed to impose limitations upon any investigation or action by the
Minimum Housing Enforcement Officer or any subordinate enforcement
officer, in the enforcement of this article. The consent agreement shall not
constitute a waiver of or limitation upon the enforcement of any federal,
State or local laws and ordinances. Executed written consent agreements
are hereby deemed to be lawful orders of the Minimum Housing
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Enforcement Officer or any subordinate enforcement officer. Each
violation of any of the terms and conditions of an executed written
consent agreement shall constitute a separate offense under this article by
the owner who executed the consent agreement, his respective officers,
directors, agents, servants, employees and attorneys; and by those persons
in active concert or participation with any of the foregoing persons and
who receive actual notice of the consent agreement punishable in
accordance with the provisions of Section 7-30 of this chapter. Each day
during any portion of which each such violation occurs constitutes a
separate offense under this article. Decisions and actions of the Minimum
Housing Enforcement Officer or any subordinate enforcement officer
pursuant to Section 7-30(c) of this Code and written consent agreements
executed thereunder, shall not be subject to appeal to or review by the
Hearing Officer pursuant to Section 17-32 of the Code of Opa-locka,
Florida.
(e) Any person who hinders, obstructs or resists the Minimum
Housing Enforcement Officer or any subordinate enforcement officer in
the discharge of his duty as provided in this article, upon conviction
thereof in the County Court, shall be punished by a fine not to exceed five
hundred dollars ($500.00) or by imprisonment in the County Jail for not
more than sixty(60) days, or by both such fine and imprisonment.
Sec. 7-31. - Power to act in emergencies.
Whenever the Minimum Housing Enforcement Officer finds that a
violation of the provisions of this article exists which requires immediate
action to abate a direct and continuing hazard, or immediate danger to the
health, safety or welfare of the occupants or the public, such officer may,
without prior notice, issue an order or civil violation notice pursuant to
Section 7-29 citing the violation and directing that such action be taken as
may be necessary to remove or abate the hazard or danger.
Notwithstanding any other provision of this article, such emergency order
shall be effective immediately upon service and shall be complied with
immediately, or as otherwise provided.
Sec. 7-32 -Appeals from actions or decisions of Minimum Housing
Enforcement Officer.
(a) Any person aggrieved by any action or decision of
the Minimum Housing Enforcement Officer may appeal to the Clerk of
8
the Courts by filing with the Clerk of the Courts within twenty (20)
days after the date of the action or decision complained of, a written
notice of appeals which shall set forth concisely the action or decision
appealed from and the reasons or grounds for the appeal. This appeal
provision shall not apply to any citation issued in accordance with
Chapter 2, Article XI, Division 10 of this Code. The Clerk shall set such
appeal for hearing at the earliest possible date, and cause notice thereof
to be given to the appellant and the Minimum Housing Enforcement
Officer.
(b) The administrative hearing shall be open to the
public. The proceedings at the hearing shall be recorded and may be
transcribed at the expense of the person requesting the transcript.
(c) Any person who has been served with notice of
violation shall elect either to pay the enforcement costs in the manner
indicated on the notice, and correct the violation within the time
specified on the notice (if applicable); or
(d) Request an administrative hearing before a Hearing
Officer to appeal the decision of the Minimum Housing Enforcement
Officer which resulted in the issuance of the notice of violation.
(e) Appeal by administrative hearing of the notice of
violation shall be accomplished by filing a request in writing to the
address indicated on the notice, no later than twenty (20) calendar days
after the service of the notice.
(f) Upon receipt of a named property owner's timely
request for an administrative hearing, the Clerk of the Court shall set
the matter down for hearing on the next regularly scheduled hearing
date or as soon thereafter as possible or as mandated in the specified
Code Section which is enforced pursuant to this chapter.
(g) The Clerk of the Court shall send a notice of hearing by
first class mail to the property owner at his last known address. The notice
of hearing shall include but not be limited to the following:
(1) Name of the Minimum Housing Enforcement Officer or
enforcement officer who issued the notice.
(2) Factual description of alleged violation.
(3) Date of alleged violation.
(4) Section of the Code allegedly violated.
(5) Place, date and time of the hearing.
(6) Right of the property owner to be represented by a lawyer.
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(7) Right of property owner to present witnesses and evidence.
(8) Notice that failure of property owner to attend hearing shall result
in enforcement costs and administrative costs being assessed
against him or her.
(9) Notice that requests for continuances will not be considered if not
received by the Hearing Officer at least fifteen (15) calendar days
prior to the date set for hearing.
(h) The Clerk of the Court shall schedule hearings upon the request of the
appellant. No hearing shall be set sooner than twenty (20) calendar days
from the date of service of the notice of violation.
(i) All testimony shall be under oath. Assuming proper notice, a hearing may
proceed in the absence of the property owner.
G) The Clerk of the Court shall provide clerical and administrative personnel
as may be reasonably required by each Hearing Officer for the proper
performance of his duties.
(k) Each case before a Hearing Officer shall be presented by Minimum
Housing Enforcement Officer or designee.
(1) The hearing need not be conducted in accordance with the formal rules
relating to evidence and witnesses. Any relevant evidence shall be
admitted if the Hearing Officer finds it competent and reliable, regardless
of the existence of any common law or statutory rule to the contrary.
(m) Each party shall have the right to call and examine witnesses; to introduce
exhibits; to cross-examine opposing witnesses on any matter relevant to
the issues even though that matter was not covered in the direct
examination; to impeach any witness regardless of which party first called
the witness to testify; and to rebut the evidence against him.
(n) The Hearing Officer shall make findings of fact based on evidence of
record. The Hearing Officer shall make findings of fact immediately upon
conclusion of the hearing. Once commenced, no hearing shall be deferred;
however, the property owner shall have the option to request a reschedule
of the hearing. A request to reschedule the hearing shall only be
considered prior to the commencement of the testimony and presentation
of evidence and shall be granted only upon good cause shown. In order to
make a finding upholding the Minimum Housing Enforcement Officer's
decision, the Hearing Officer must find that a preponderance of the
evidence indicates that the property owner was responsible for the
violation of the relevant Section of the Code as charged.
(o) If the property owner is found guilty of the violation, he shall pay the
reasonable costs of the administrative hearing and the costs and
expenses of the enforcement agency for investigation, enforcement,
testing, or monitoring. The costs and expenses of the enforcement
10
agency for investigation, enforcement, testing, or monitoring shall be
calculated and submitted to the Hearing Officer, to be attached to the
final order for amount owed, in standard format as prescribed by
departmental administrative orders approved and amended from time
to time by the Board of County Commissioners or the local municipal
governing board. All costs of enforcement shall be paid within thirty
(30) days of the date of the administrative hearing unless an alternate
timeframe is established by the enforcing agency.
(p) The fact-finding determination of the Hearing Officer shall be limited
to whether the violation alleged did occur and, if so, whether the
person named in the civil violation notice can be held responsible for
that violation. Based upon this fact-finding determination, the Hearing
Officer shall either affirm or reverse the decision of the Minimum
Housing Enforcement Officer as to the responsibility of the named
property owner for the Code violation. If the Hearing Officer affirms
the decision of the Minimum Housing Enforcement Officer, the
Hearing Officer shall determine a reasonable time period within which
correction of the violation must be made, provided however, that such
time period shall be no more than thirty (30) days. If the Hearing
Officer reverses the decision of the Minimum Housing Enforcement
Officer and finds the named property owner not responsible for the
Code violation alleged in the civil violation notice, the named property
owner shall not be liable for the payment of any administrative costs,
absent reversal of the Hearing Officer's findings. If the decision of the
Hearing Officer is to affirm, then the following elements shall be
included:
(1) Amount of the enforcement costs of the enforcement agency.
(2) Administrative costs of hearing.
(3) Date by which the violation must be corrected to prevent
imposition of continuing violation penalties (if applicable).
Sec. 7-33. - Recovery of enforcement costs.
(a) The entire costs incurred by the Enforcement Agency in
enforcing the provisions of this article shall be paid by the owner,
including but not limited to, the cost of enforcement inspections,
preparation of enforcement reports, photographs, title searches,
postage and other administrative costs for enforcement and collection.
(b) The Enforcement Agency shall file among its records a fair and
accurate statement of each item of expense with the date of execution
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of any action authorized by this article.
(c) The City of Opa-locka may institute a civil suit to recover such
expenses against the property or may cause such expenses to be
charged against the real property as a lien, upon recordation of an
enforcement lien in the public records of Miami-Dade County, Florida.
A lien will remain on the real property after recordation as provided
herein until such costs are fully paid and discharged, or barred by law.
(d) Liens created pursuant to Section 7-33(c) may be discharged and
satisfied by paying to the the City of Opa-locka the amount specified in
the notice of lien, together with interest thereon from the date of the filing
of the lien computed at the rate of eighteen (18) percent per annum,
together with the administrative costs, filing and recording fees and fees
paid to file a satisfaction of the lien in the public records. When any such
lien has been discharged, the City of Opa-locka shall promptly cause
evidence of the satisfaction and discharge of such lien to be recorded in
the public records. Any person, firm, corporation or legal entity, other than
the present owner of the property involved, who pays any such unsatisfied
lien shall be entitled to receive an assignment of the lien held by the City
of Opa-locka and shall be subrogated to the rights of the City of Opa-locka
in respect to the enforcement of such lien, as permitted by law.
SECTION 3. SEVERABILTY
If any clause, section, or other part or application of this Ordinance is held by any court
of competent jurisdiction to be unconstitutional or invalid, in part or in application, it
shall not affect the validity of the remaining portions or application of this Ordinance.
SECTION 4. CONFLICT
All ordinances or resolutions or parts of ordinances or resolutions in conflict herewith,
are hereby repealed.
SECTION 5. CODIFICATION
This Ordinance shall be codified in the Code of Ordinances when the code is recodified.
SECTION 6. SCRIVENER'S ERRORS.
Sections of this Ordinance may be renumbered or re-lettered and corrections of
typographical errors which do not affect the intent may be authorized by the City
Manager, or the City Manager's designee, without need of public hearing, by filing a
corrected or re-codified copy of same with the City Clerk.
SECTION 7. LIBERAL CONSTRUCTION.
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The terms and provisions of this Ordinance shall be liberally construed to affect the
purpose for which it is adopted.
SECTION 8. EFFECTIVE DATE.
This Ordinance shall take effect upon the adoption of this Ordinance by the Commission
of the City of Opa-locka and is subject to the approval of the Governor or his designee.
This ordinance was moved for adoption by Commissioner Holmes. The motion was seconded by
Commissioner Pigatt, and upon being put to a vote, the vote was as follows:
Commissioner Holmes YES
Commissioner Pigatt YES
Commissioner Riley YES
Vice Mayor Kelley YES
Mayor Taylor YES
PASSED AND ADOPTED this 14th day of November, 2018.
MYR•/. T• YLOR, MAYOR
Attest to: Approved as to form and legal sufficiency:
Gtr 0,--1-ir7Joa a Flores ' e : ei ,n Law Group, LLC
City Clerk City Attorney
13
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2167 5.llayshore Dr.,cut make a tined sehool, Contact Colleen Wright at '"hi'�•,."imta�r the lemony ord evidemr,yam mi.,.sr apprd any be r e.
rently come to Villa Wood- however tenth schools will 305-376-3003 and JOA ti NA FLORF.S,('7A.
blue,an event space.The be governed try one Board (�Coliecn Wright.
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