Item 7BCity of Southlake, Texas
MEMORANDUM
August 8, 2006
TO: Sbana Yelverton, City Manager
FROM: Robert Finn, Chief of Fire Service
SUBJECT: Ordinance No. 876 -A, 2nd Reading, Amending Chapter 4.5, "Buildings and
Building Regulations," to update, revise and clarify the standards and
regulations that apply to substandard buildings in conformance with legislative
amendments, and to provide for civil penalty as permitted by law. Item 7B
Action Requested: Conduct the 2 Reading and public hearing of Ordinance No. 876 -A,
Amending Chapter 4.5, "Buildings and Building Regulations," to update,
revise and clarify the standards and regulations that apply to substandard
buildings in conformance with legislative amendments, and to provide for civil
penalty as permitted by law.
Background
Information: It is the intention of Ordinance to clarify procedures, burdens and remedies;
providing for the repair, demolition, removal, securing and vacation of
dangerous and substandard buildings,
The City of Southlake deems it necessary to adopt this ordinance providing
minimum standards to safeguard the health, properly and welfare of the
citizens of Southlake by regulating and controlling the use, occupancy,
maintenance, repair, vacation, removal, demolition, and abatement of
substandard or dangerous buildings within the City of Southlake,
Financial
Considerations: None
Financial Impact: None
Citizen Input/
Board Review: If approved on the first reading, the public hearing will be held on August 15��,
2006
Legal Review: Reviewed by City Attorney Tim Sralla
Alternatives: Do not amend current ordinance
Supporting
Documents: Ordinance No. , 876 -A
Staff
Recommendation: Amend ordinance
17 -IMM
ORDINANCE NO. 876-A
AN ORDINANCE AMENDING REGULATIONS APPLICABLE TO
SUBSTANDARD AND DANGEROUS BUILDINGS TO CLARIFY
PROCEDURES, BURDENS AND REMEDIES; PROVIDING FOR THE
REPAIR, DEMOLITION, REMOVAL, SECURING, AND VACATION OF
DANGEROUS AND SUBSTANDARD BUILDINGS; PROVIDING FOR A
CIVIL PENALTY; PROVIDING THAT THIS ORDINANCE SHALL NOT
LIMIT THE AUTHORITY OF THE CITY; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake is a home rule city acting under its Charter adopted
by the electorate pursuant to Article Xl, Section 5 of the Texas Constitution and Chapter 9 of the
Local Government Code; and
WHEREAS, the City of Southlake has previously adopted Ordinance No. 697
establishing standards for substandard buildings; and
WH , REAS, the City Council have desires to update, revise and clarify the standards and
regulations that apply to substandard buildings in conformance with legislative amendments, and
to provide for civil penalty as permitted by law; and
WHEREAS, the City Council of the City of Southlake deems it necessary to adopt this
ordinance providing minimum standards to safeguard the health, property and welfare of the
citizens of Southlake by regulating and controlling the use, occupancy, maintenance, repair,
vacation, removal, demolition, and abatement of substandard or dangerous buildings within the
City of Southlake; and
WHEREAS, Chapter 214 of the Local Government Code authorizes a municipality to
regulate substandard buildings and establishes procedures thereof; and
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WHEREAS, the International Property Maintenance Code establishes minimum
standards for residential and nonresidential structure; and
WHEREAS, it is the intention of the City Council of the City of Southlake to establish
minimum standards for the continued use and occupancy of all buildings regardless of the date of
their construction and to provide for the giving of proper notice to the owner of a building and to
provide for a public hearing to determine whether a building complies with the standards set out
in this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
SECTION I.
AMENDMENT OF SECTION 4.5 -162
Section 4,.5 -162 of Article IX of Chapter 4.5 of the Southlake City Code is hereby
amended to provide as follows:
Sec. 4.5 -162. Definitions.
Building means and includes any building, fence, awning, canopy, sign, shed, garage, house, tent
or other structure whatsoever and the enumeration of specific types of structures shall not be
deemed to exclude other types of' structures to which the sense and meaning of the provisions
hereof in context reasonably have application.
Building board of appeals (sometimes referred to as "the board ") is the board created by
Ordinance No. 622, as amended.
Building code means the building code applicable to the structure in question, as adopted and
amended by the city.
Building official means the person designated by the city manager to enforce this article.
Electric code means the electrical code applicable to the structure in question, as adopted and
amended by the city.
Fire code means the fire code applicable to the structure in question, as adopted and amended by
the city.
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Housing code means the housing code applicable to the structure in question, as adopted by the
city..
Mechanical code means the mechanical code applicable to the structure in question, as adopted
and amended by the city.
Plumbing code means the plumbing code applicable to the structure in question, as adopted and
amended by the city. Additionally, the definitions contained in chapter 2, section 2.01 and 2.02
of the 2003 Edition International Property Maintenance Code, promulgated by the International
Code Council are hereby adopted for the implementation of this article. (Ord. No. 876, § II, 7-
20--04)
SECTION 2.
AMENDMENT OF SECTION 45 -165
Section 4..5 -162 of Article IX of Chapter 4.5 of the Southlake City Code is hereby
amended to provide as follows:
See. 4.5-165. Determination by building official.
When the building official has inspected or caused to be inspected any building and has
found and determined that the building is substandard, the building official may take any or all of
the following actions, as he or she deems appropriate:
(1) Issue notice to the record owner that the building is substandard and must
be repaired, listing the deficiencies, or issue notice to the record owner that the building is
substandard, and that the nature and/or the extent of the deficiencies make repair infeasible, so
that the building must be demolished, listing the deficiencies,;
(2) Issue citation(s) for violation(s) of this article;
(3) Secure the building if'permitted by subsection 4,5- 172(a) below; or
(4) Recommend to the board that abatement proceedings be commenced
pursuant to section 4.5-166 below.
(Ord. No. 576, § V, 7- 20 -04)
SECTION 3.
AMENDMENT OF SECTION 4.5 -166
Subsections (e) and (f) of Section 4.5166 of Article IX of Chapter 4.5 of the Southlake
City Code is hereby amended to provide as follows:
Sec. 4.5 -166. Public hearing for abatement of substandard buildings.
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(e) .Burden of proof. At the public hearing, the City has the burden of proof to
establish that the building or structure at issue is not in compliance with applicable city codes,
and is substandard as defined by this Chapter, and to identify the specific deficiencies or code
violations; and the owner, lienholder and mortgagee have the burden of proof to establish the
scope of any work that may be required to comply with this article, the time it will take to
reasonably perform the work, and the financial ability and willingness of the owner, lienholder
and/or mortgagee to perform the work with diligence and dispatch.
(f) Conduct of public hearing.. At the public hearing, the owner of the building, and
all other interested persons may make their appearance and be heard. Any evidence may be
received and considered by the board, provided, however, that the board shall not consider
evidence as to the existence or extent of any deficiencies or code violations which were not
identified in the notice to the record owner described in this Section. The chairman of the board,
or in his absence, any officer designated by rules adopted by the board to preside at meetings,
shall preside and shall determine all questions of order. The hearing may be adjourned from day
to day or continued upon a majority vote of the board.
(Ord. No. 876, § V1, 7 -20 -04)
The remainder of section 4.5 -166 shall remain unchanged.
SECTION 4.
AMENDMENT OF SECTION 4.5 -167
Section 4.5 -167 of Article IX of Chapter 4.5 of the Southlake City Code is hereby
amended to provide as follows:
See. 4.5-167. Order of building board of appeals.
(a) Findings of the board.
(1) if the board, by a majority vote, finds upon evidence presented at the
public hearing that the building is not in violation of standards set out in section 4.5 -164,
the board shall order that the enf'or'cement action cease, provided, however, that such
order shall neither prevent the building official from instituting a new enforcement action
for other violations the building official alleges have been determined to exist, nor shall
such order prevent the building official from instituting a new enforcement action for the
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same violations if the building official later determines that the conditions as determined
by the board have materially changed as to such violations
(2) If the board, by a majority vote, finds upon evidence presented at the
public hearing that the building is in violation of standards set out in section 4.5 -164, that
such conditions can reasonably be remedied by repair within a reasonable time, and that
the owner, lienholder, or mortgagee is financially able and is willing to conduct or cause
such repairs to be made within a reasonable time, the board shall identify the specific
violations found to exist, and order that the owner, mortgagee or lienholder repair such
violations, and, if necessary to the public safety, vacate, secure, or relocate the occupants,
within such reasonable times as determined by the board to be appropriate, as provided
herein,
(3) If the board, by a majority vote, finds upon evidence presented at the
public hearing that the building is in violation of standards set out in section 4.5 -164, and
that such conditions cannot reasonably be remedied by repair', or that neither the owner,
lienholder, nor the mortgagee are financially able or willing to conduct or cause such
repairs to be made within a reasonable time, board shall identify the specific violations
found to exist, and order that the owner, mortgagee or lienholder remove or demolish the
structure, and, if necessary to the public safety, vacate, secure, or relocate the occupants,
within such reasonable times as determined by the board to be appropriate, as provided
herein, or order such other relief as is permitted by this Chapter.
(b) Time allowed to complete work
(1) Unless the owner, lienholder, or mortgagee establishes at the hearing that
the work cannot reasonably be performed within thirty (30) days, the order shall require the
owner, lienholder or mortgagee of the building to, within thirty (30) days, and the lienholder or
mortgagee to within an additional thirty (30) days if the owner does not comply, take one or
more of the following actions:
a. Vacate the building;
b. Secure the building from unauthorized entry;
c. Repair the violations; and/or
d. Remove or demolish the building.,
(2) If the owner, lienholder, or mortgagee establishes at the hearing that the
work cannot reasonably be performed within thirty (30) days, and the board allows the owner,
lienholder or mortgagee more than thirty (30) days to repair, remove or demolish the building,
the board shall establish specific time schedules as the board determines are appropriate for the
commencement and performance of the work and shall require the owner, lienholder or
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mortgagee to secure the property in a reasonable manner from unauthorized entry while the work
is being performed.
(3) The board may not allow the owner, lienholder or mortgagee more than
ninety (90) days to repair, remove or demolish the building or fully perform all work required to
comply with the order unless the owner lienholder or mortgagee:
a., Submits a detailed plan and time schedule for the work at the
hearing; and
b. Establishes at the hearing that the work cannot be reasonably
completed within 90 days because of the scope and complexity of the work.
(4) If the board allows the owner, lienholder or mortgagee more than ninety
(90) days to complete any part of the work required to repair, remove or demolish the building,
the board shall require the owner, lienbolder or mortgagee to regularly submit progress reports to
the building official to demonstrate that the owner, lienholder or mortgagee has complied with
the time schedules established for commencement and performance of the work, The order may
require that the owner, lienholder or mortgagee appear before the board or the building official
to:
a. Demonstrate compliance with the time schedules; and
b. If the owner, lienholder or mortgagee, owns property, including
structures and improvements on property within the city's boundaries that exceeds One hundred
thousand dollars ($100,000.00), to post cash or surety bond or letter of credit or third party
guaranty to cover the cost of the work ordered by the board.
(5) All orders of the board must allow a lienholder or mortgagee at least thirty
(30) additional days to complete the ordered work in the event the owner fails to comply with the
order within the time provided for action by owner, prior to remedial action by the city, except as
expressly provided otherwise in this Chapter,
(c) Contents of order. The order of the board must contain at minimum:
(1) An identification which is not required to be a legal description, of the
building and the property on which it is located;
(2) A description of each violation of minimum standards present in the
building; and
(3) A description of each of the ordered actions, including a statement that the
owner may repair, if determined feasible by the board, or demolish or remove, the building at his
option;
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(4) A statement that the city will vacate, secure, remove or demolish the
building and/or relocate the occupants of the building if the ordered action is not taken within the
time allowed, and charge the costs of such actions to the owner, and impose a lien against the
property for all such costs; and
(5) If the board has determined that the building will endanger persons or
property and that the building is a dwelling with ten or fewer dwelling units, a statement that the
city may repair the building and charge the costs to the to the owner, and impose a lien against
the property if the ordered action is not taken within the time allowed. (Ord. No. 876, § VII, 7-
20-04)
SECTION 5.
AMENDMENT OF SECTION 4.5 -169
Section 4.5 -169 of Article IX of Chapter 4.5 of the South.lake City Code is hereby
amended to provide as follows:
See. 4.5 -169. Enforcement of the order of building board of appeals.
(a) If the order not complied with, city may take action as provided herein. If the
building is not vacated, secured, repaired, removed or demolished within the time specified by
the order, the city may vacate, secure, repair, remove or demolish the building or relocate the
occupants at its own expense, provided however:
(1) Except as expressly provided otherwise in this Chapter, the city may not
act to remove or demolish a building until after the board has found that such defects or
conditions exist to the extent that the life, health, property or safety of the public or the occupants
of the building are endangered; and either that
a. The building is infeasible of repair; or
b. There is no reasonable probability that the building will be repaired
within a reasonable period of time if additional time is given.
(2) The city may only repair a building as provided herein to the extent
necessary to correct the conditions which render the building dangerous, and may not act to
repair a building unless:
a, The board has made a determination that the building is likely to
endanger person or property; and
b. The building is a residential dwelling with ten (10) or fewer
dwelling units..
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(3) In the event there are mortgagees or lienholders, the city may only repair,
remove or demolish the building after allowing the lienholder or mortgagee an additional thirty
(30) days after the time prescribed in the order has expired to complete the required work,
(4) Remedial action by the city does not limit the ability of a municipality to
collect on a bond or other financial guarantee that may be required by section 4.5- 167(b)(4) of
this article.
(b) Posting of notice to vacate building.. If the order requires vacation or if
compliance is not had with the order within the time specified therein, the building official is
authorized to require that the building be vacated. Notice to vacate shall be mailed by certified
mail, return receipt requested to the occupant of the building and it shall be posted at or upon
each entrance to the building and shall be in substantially the following form:
"SUBSTANDARD BUILDING
DO NOT ENTER
UNSAFE TO OCCUPY
It is a misdemeanor to occupy this building or to remove or deface this notice.
Building Official
City of Southlake"
(c) Remedial action by city. Any repair or demolition work, or securing of the
building shall be accomplished and the cost thereof paid and r'ecover'ed in the manner hereinafter
provided. Any surplus realized from the sale of such building, or from the demolition thereof,
over and above the cost of demolition and cleaning of the lot, shall be paid to the person or
persons lawfully entitled thereto.
(d) Failure to obey order, Any person to whom an order pursuant to section 4.5 -167
is directed who fails, neglects or refuses to comply with such order shall be guilty of a
misdemeanor and may be prosecuted in municipal court in addition to any other remedies
available to the city provided herein.
(e) Interference prohibited. No person shall obstruct, impede or interfere with any
officer, employee, contractor or authorized representative of the city or with any person who
owns or holds any estate or interest in the building which has been ordered repaired, vacated,
demolished, removed or secured under the provisions of this article; or with any person to whom
such building has been lawfully sold pursuant to the provisions of this article, whenever such
officer, employee, contractor or authorized representative of the city, person having an interest or
estate in such building, or purchaser is engaged in the work of repairing, vacating and repairing,
or demolishing, removing or securing any such building pursuant to the provision of this article,
or in performing any necessary act preliminary to or incidental to such work or authorized or
directed pursuant to this article.
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(f) Permit required. Any work of closure, repair, removal or demolition by the
property owner or any Iienholder or mortgagee or their agents must be performed pursuant to
valid unexpired permits issued by the city. All permits issued pursuant to an order of the board
shall expire upon expiration of the time for compliance set forth in the order. (Ord. No. 876, §
IX, 7- 20 -04)
SECTION 6.
AMENDMENT OF SECTION 4.5 -172
Section 4.5 -172 of Article IX of Chapter 4:.5 of the Southlake City Code is hereby
amended to provide as follows:
Sec. 4.5 -172. Additional authority to secure certain substandard buildings prior to public
bearing and secure, demolish, repair or remove certain dangerous buildings.
(a) Securing of unoccupied, substandard building. Notwithstanding any other
provisions of this article, the city may secure a building if the building official determines:
(1) That the building violates the minimum standards set forth in this Chapter;
and
(2) That the building is unoccupied or is occupied only by persons who do not
have the right of'possession to the building.
(b) If building creates innnediate danger. Notwithstanding any other provisions of
this article, if the City Council finds that a building is likely to immediately endanger persons or
property the City Council may:
(1) Order the owner of the building, or the owner or occupant of the property
on which the structure is located to repair, remove, or demolish the structure, or the dangerous
part of the structure, within a specified time; or
(2) Repair, remove, or demolish the structure, or the dangerous part of the
structure, at the expense of the municipality, on behalf of the owner of the structure or the owner'
of the property on which the structure is located, and assess the repair, removal, or demolition
expenses on the property on which the structure was located.
(c) Notice of ' action. Before the 11th day after the date the building is secured
pursuant to subsection 4.5- 172(x) above, or action is ordered pursuant to subsection 4.5--
172(b)(1) above, or the building is repaired, removed or demolished pursuant to subsection 4.5-
172(b)(2) above, the building official shall give notice to the owner by:
{1) Personally serving the owner with written notice; or
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(2) Depositing the notice in the United States mail addressed to the owner at
the owner's post office address; or
If personal service cannot be obtained and the owner's post office address is unknown, by:
(1) Publishing the notice at least twice within a ten day period in a newspaper
of general circulation in the county in which the building is located,; and
(2) Posting the notice on or near the front door of the building if personal
service cannot be obtained and the owner's post office address is unknown; and
In addition to the above, depositing notice in the United States mail to all lienholders and
mortgagees who can be determined from a reasonable search of instruments on file in the office
of the county clerk.
(d) Notice. The notice must contain:
(1) An identification, which is not required to be a legal description, of the
building and the property on which it is located;
(2) A description of each of the violations of the minimum standards present
in the building;
(3) A statement that the city will secure or has secured, as the case may be,
the building, or that the city has taken or will take the action ordered pursuant to subsection 4.5-
172(b) above;
(4) An explanation of the owner's entitlement to request a hearing about any
matter relating to the city's securing, removing, demolishing or repairing of the building.
(e) Hearing The board or the City Council shall conduct a hearing at which the
owner, lienholder and mortgagee may testify or present witnesses or written information about
any matter relating to the city's securing, repairing, removing or demolishing of the building, if,
within thirty (30) days after the date the city has taken action pursuant to subsections 4..5- 172(a)
or (b) above, the owner files with the city a written request for the hearing. The hearing shall be
conducted within twenty (20) days after the date the request is filed.
(f) Lien_ If the city incurs expenses under this section, such expenses incurred shall
be a personal obligation of the property owner in addition to a priority lien upon the property,
and costs shall be recovered as provided by section 4.5170 of this article.
(g) Violation. It shall be unlawful to fail to comply with an order issued pursuant to
this section.
(Ord, No. 876, § XI, 7- 20 -04)
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SECTION 7.
AMENDMENT OF SECTION 4.5 -173
Subsection (d) of Section 4.5 -173 of Article IX of Chapter 4.5 of the Southlake City
Code is hereby amended to provide as follows:
Sec. 4.5 -173. Civil penalty.
(d) Notice of administrative hew -ing. Not less than ten days prior to the date on which
the administrative hearing is set, the property owner shall be sent a notice of the hearing by
certified mail /return receipt requested. The notice shall contain:
(1) A copy of the order issued by the board to section 4.5 -167 of this article;
(2) A statement that the building official has determined that the property
owner committed an act in violation of that order, or failed to take an action necessary for
compliance with that order, together with a description of the acts that violated the order, or a
description of what actions the owner failed to take that were necessary for compliance with the
order;
(3) A statement that at the administrative hearing the board may assess a civil
penalty not to exceed One Thousand Dollars ($1,000.00) per day for each violation or, if the
owner shows that the property is the owner's lawful homestead, in an amount not to exceed ten
dollars ($10.00) per day for each violation; and
(4) Notice of the time and place ofthe hearing.
The remainder of Section 4.5 -173 shall remain unchanged.
(Ord. No., 576, § XIII, 7- 20 --04)
SECTION S.
PROVISIONS CUMULATIVE
This ordinance shall be cumulative of all provisions of ordinances of the City of
Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the
provisions of such ordinances, in which event the conflicting provisions of such ordinances are
hereby repealed. Specifically, Ordinance No. 697 is repealed_
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SECTION 9.
PROVISIONS SEVERABLE
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
,judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph
or section.
SECTION 10.
PENALTY
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall be
fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 11.
RIGHTS AND REMEDIES SAVED
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of Chapter 4.,5 of the City Code, Ordinance No. 697, Ordinance No.,
876, or any other ordinances affecting the abatement of dangerous or substandard buildings
which have accrued at the time of the effective date of this ordinance; and, as to such accrued
violations and all pending litigation, both civil and criminal, whether pending in court or not,
under such ordinances, same shall not be affected by this ordinance but may be prosecuted until
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final disposition by the courts.
SECTION 12.
PUBLICATION IN PAMPHLET FORM
The City Secretary of the City of Southlake is hereby authorized to publish this ordinance
in book or pamphlet form for general distribution among the public, and the operative provisions
of this ordinance as so published shall be admissible in evidence in all courts without further
proof than the production thereof;
SECTION 13.
PUBLICATION
The City Secretary of the City of Southlake is hereby directed to publish the proposed
ordinance or its caption and penalty together with a notice setting out the time and place for a
public hearing thereon at least ten (10) days before the second reading of this ordinance, and if
this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of
any of its provisions, then the City Secretary shall additionally publish this ordinance or its
caption and penalty in the official City newspaper one time within ten (10) days after passage of
this ordinance, as required by Section 3.13 of the Charter of the City of Southlake.
SECTION 14.
EFFECTIVE DATE
This ordinance shall be in full force and effect from and after its passage and publication
as required by law, and it is so ordained.
PASSED AND APPROVED ON THIS DAY OF , 2006.
The Honorable Andy Wambsganss, Mayor
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EFFECTIVE DATE:
APPROVED AS TO FORM AND LEGALITY:
City Attorney
ATTEST:
Lori Farwell, City Secretary
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