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Under punishment by civil penalty Chapter 10 of this Code of Ordinances it shall be the duty and responsibility of operators and all parties in interest to commercial and non-residential structures to ensure that:
(A) All parts of the premises under the control of the parties in interest shall be kept in a safe and sanitary condition consistent with the business use and the parties in interest shall refrain from performing any acts which would render any parts of the premises unsafe or unsanitary or which would obstruct, interfere with or prevent adjacent parties in interest from performing any duty required, or from maintaining their premises in a safe and sanitary condition.
(B) Every party in interest shall be responsible for the elimination of infestation in and on the premises.
(C) Every party in interest shall maintain all plumbing fixtures in a safe and sanitary condition.
(D) No garbage or solid waste shall be stored or allowed to accumulate on the premises for a period greater than seven days unless contained in a trash receptacle(s) which is in accordance with the Municipal code of The City of Albemarle.
(E) Damage to public sidewalks and/or curb and gutter located in the public right-of-way shall be repaired or replaced at no expense to the city when such damage is caused by vehicles making deliveries to the business under the control or direction of the parties in interest.
(F) Where the owner would not otherwise know of a defect of any building, portion of building or of any facility, utility or equipment required to be furnished hereunder and the same is found to be defective or inoperable, the operators or parties in interest affected thereby shall, upon learning of such defect, immediately provide notice to the owner.
(Ord. 20-01, passed 1-6-20; Am. Ord. 21-40, passed 9-7-21)
REPAIR AND DEMOLITION
Where a building is under the jurisdiction of the Code, the building may be demolished by the owner provided that the following requirements are met:
(A) If the property is in the Local Historic District obtain a Certificate of Appropriateness to demolish from the Albemarle Historic Resources Commission;
(B) Obtain a City Coordination Form;
(C) Obtain a demolition permit from the County Building Inspection Department;
(D) Obtain asbestos permit from the County Building Inspection Department;
(E) Obtain an asbestos inspection from a licensed asbestos services company;
(F) Remove and properly dispose of all asbestos containing materials (ACM's) by a licensed asbestos removal company;
(G) Properly close off and disconnect all sewer, gas, water and similar taps or connections;
(H) Grade the lot to a smooth, even, finished grade, free from building material, debris, holes, and/or depressions. Where building debris remains on the site below street level, the owner must back fill the lot with no less than 12 inches of clean fill which shall be graded to a smooth, even finished grade over any remaining debris;
(I) Where walls of adjacent buildings become exposed as a result of demolition, said walls must have all doors, windows, vents or other similar openings closed with material of the type comprising the wall. No protrusions or loose material shall be in the wall. The exposed wall shall be painted, stuccoed or bricked by such building's owner so as not to detract from the aesthetics and value of the adjacent property and weatherproofed if necessary to prevent deterioration of the wall.
(Ord. 20-01, passed 1-6-20; Am. Ord. 21-40, passed 9-7-21)
(A) Scope. This section authorizes the demolition and removal of nonresidential buildings and structures as enacted by the General Assembly of North Carolina. "Unsafe buildings" shall mean buildings that fall within the statutory definitions as set forth in G.S. 160D-1119.
(B) Findings (Unsafe Buildings Condemned). Pursuant to G.S. 160D-1119 (Unsafe Buildings Condemned) every building which shall appear to the Code Enforcement Officer to be dangerous to life because of its propensity for fire or because of defective condition of walls, roof systems, floor systems, overloaded floors, defective construction, decay, unsafe wiring or heating system, inadequate means of egress, or other causes, shall be deemed or ruled to be unsafe and the inspector shall affix a notice of the dangerous character of the structure to a conspicuous place on the exterior wall of said building.
(1) Nonresidential building or structure. The Code Enforcement Officer may declare a nonresidential building or structure within a “Community Development Target Area” to be unsafe if it meets both of the following conditions:
(a) It appears to the inspector to be vacant or abandoned;
(b) It appears to the inspector to be in such dilapidated condition as to cause or contribute to blight, disease, vagrancy, fire or safety hazard, to be a danger to children, or to tend to attract persons intent on criminal activities or other activities which should constitute a public nuisance.
(2) If the Code Enforcement Officer declares a nonresidential building or structure to be unsafe, the Code Enforcement Officer must affix a notice of the unsafe character of the structure (condemnation) to a conspicuous place on the exterior wall of the building.
(3) For the purposes of this section, the term “Community Development Target Area” means a “nonresidential development area” under G.S. 610D-1119(c) and G.S. 143D-437.09.
(C) Action in event of failure to take corrective action. If the owner of a building or structure that has been condemned as unsafe pursuant to G.S. 160D-1119 shall fail to take prompt corrective action, the Code Enforcement Officer shall give the owner written notice, by certified or registered mail to his last known address or by personal service.
(1) That the building or structure is in a condition that appears to meet one or more of the following conditions:
(a) Constitutes a fire or safety hazard;
(b) Is dangerous to life health or other property;
(c) Is likely to cause or contribute to blight, disease, vagrancy, or danger to children; and
(d) Has a tendency to attract persons intent on criminal activities or other activities which would constitute a public nuisance.
(2) That a hearing will be held before the Code Enforcement Officer at a designated place and time, not less than ten days or more than 30 days after the date of the notice, at which time the owner shall be entitled to be heard in person or by representative and to present arguments and evidence pertaining to the matter; and
(3) That following the hearing, the Code Enforcement Officer may issue such order to repair, close, vacate or demolish the building or structure as appears appropriate.
(4) If the name or whereabouts of the owner cannot after due diligence be discovered, the notice shall be considered properly and adequately served if a copy thereof is posted on the outside of the building or structure in question at least ten days prior to the hearing and a notice of the hearing is published in a newspaper having general circulation in the city at least once not later than one week prior to the hearing.
(D) Civil and equitable enforcement. Per G.S. 160D-1124 and G.S. 160D-1125:
(1) Civil enforcement. Whenever any violation is denominated a misdemeanor under the provisions of this section, the city, either in addition to, or in lieu of other remedies, may initiate any appropriate action or proceedings to prevent, restrain, correct or abate the violation or to prevent the occupancy of the building or structure involved.
(2) Equitable enforcement. In the case of a nonresidential building or structure declared unsafe under G.S. 160D-1119(b), the City of Albemarle may in lieu of taking action under division (D)(1), cause the building or structure to be removed or demolished pursuant to G.S. 160D-1125(b).
(a) The amount of the cost of repairs, alterations, or improvements, or vacating and closing, or removal or demolition by the Code Enforcement Officer shall be a lien against the real property upon which the cost was incurred, which lien shall be filed, have the same priority, and be collected as the lien for special assessment provided in G.S. Ch. 160A, Art. 10.
(b) The amount of the cost of repairs, alterations or improvements, or vacating and closing, or removal or demolition by the administrator shall be a lien on any other real property of the owner located within the city limits except for the owner's primary residence. The additional lien provided in this division is inferior to all prior liens and shall be collected as a money judgment.
(c) If the nonresidential building or structure is removed or demolished by the administrator, the administrator shall offer for sale the recoverable materials of the building or structure and any personal property, fixtures, or appurtenances found in or attached to the building or structure and shall credit the proceeds of the sale, if any, against the cost of the removal or demolition, and any balance remaining shall be deposited in the superior court by the administrator, shall be secured in a manner directed by the court, and shall be disbursed by the court to the persons found to be entitled thereto by final order or decree of the court. Nothing in this section shall be construed to impair or limit in any way the power of the Council to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise.
(d) If the building or structure is removed or demolished by the City of Albemarle, the city, may in its sole discretion, reasonably exercise its right to sell the usable materials of the building and any usable property, fixtures or appurtenances found in or attached to the building. The city shall credit the proceeds of the sale against the cost of the removal or demolition. Any balance remaining from the sale shall be deposited with the Clerk of Superior Court for Stanly County, and shall be disbursed by the Court to the person found to be entitled thereto by final order or decree of the court.
(3) Non-limiting power of declaration. Nothing in this section shall be construed to impair or limit the power of the City of Albemarle to define and declare nuisances and to cause their removal or abatement by summary proceedings, or otherwise.
(4) Bond for repair or demolition. A surety in the form of performance bond or letter of credit may be required by the Code Enforcement Officer to insure completion of the required repairs or to cover the cost of securing and demolition of a structure. The surety shall be issued to the city and shall be accompanied by a signed agreement between all parties including the necessary work to be completed and the estimated time for the owner to complete such work as determined by the Code Enforcement Officer. The amount of the surety will be a minimum of one and one-half times the estimated cost of the required repairs or demolition as determined by the Code Enforcement Officer. The bond or letter of credit must be drawn from an institution licensed to do business in North Carolina and valid for the time period provided by the Code Enforcement Officer. If work has not been completed by the agreed upon date then the Code Enforcement Officer is authorized to use necessary funds from the surety to ensure that the work is completed, including hiring contract labor for the purpose of all necessary repairs and/or demolition such that the requirements of this chapter are met.
(5) Receivership. In cases where owners have documented non-compliance to repair or otherwise abate violations on vacant properties or at the request of the owners of such property, the City Council may petition the Superior Court for appointment of a receiver of said property for the purposes of abating or contracting the abatement of said nuisances. Receiver of property shall be entitled to all forms and methods of repayment of expenses and shall be responsible for all aspects of property as legally afforded under related state statutes.
(E) G.S. 160D-1123 - Appeal; finality of order if not appealed. Any owner who has received an order under G.S. 160D-1122 may appeal from the order to the Albemarle Planning and Zoning Board by giving notice of appeal in writing to the Code Enforcement Officer within ten days of notification of the order. In the absence of an appeal, the order of the Code Enforcement Officer shall be final. The Planning and Zoning Board shall hear and render a decision in an appeal within a reasonable time. All appeals shall adhere to quasi-judicial procedures and shall consider only the Code Enforcement Officer's interpretation of the City Code related to the order. The Board may affirm, modify and affirm, or revoke the order.
(F) A violation of this section is punishable as a misdemeanor.
(Ord. 20-01, passed 1-6-20; Am. Ord. 21-40, passed 9-7-21; Am. Ord. 22-01, passed 1-3-22)
(A) Buildings and premises damaged. Any building or premises damaged by fire, storm, collapse, or an act of nature must be repaired in a manner that complies in all respects with all codes and ordinances of the City of Albemarle. Prior to repair or renovation the building shall be secured to prevent unauthorized entry.
(B) Order. If, after a notice and hearing under the division, the Code Enforcement Officer determines that the building under consideration has been damaged to the extent of the standards herein set forth, he shall state in writing his findings of facts in support of such determination, stating whether said building has been damaged to the extent set forth in this article and shall issue and cause to be served upon the owner thereof an order requiring that:
(1) If the repair, alteration or improvement of said building, bringing it up to the standards described herein, can be made at a cost less than 50% of the present value of the building, the order shall require the owner, within a specified period of time, to repair, alter or improve such building so as to render it fit for occupancy. Such order may also direct and require the owner to vacate and close the building until the repairs, alterations and improvements have been made and/or the unsafe and dangerous character of such building has been corrected.
(2) If the repair, alteration or improvement of said building bringing it up to the standards described herein cannot be made at a cost of less than 50% of the present value of the building, the order shall require the owner, within a specified period of time, to either repair, alter or improve such building so as to bring it into compliance with the standards described herein, or to demolish and remove such building. Any building or premises damaged by fire, storm, collapse, an act of nature, wear and tear, or natural deterioration to such an extent that it constitutes an imminent or immediate threat to the safety and/or health of its occupants or to the safety of the general citizenry shall be removed immediately. Said finding of imminent or immediate threat shall be by the Fire Marshal or by the Code Enforcement Officer and shall be based on the structural integrity of the building or premises.
(C) Nothing in this section shall be construed to impair or limit in any way the power of the city to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise.
(D) Buildings located within the city designated local historic district shall be considered by the City of Albemarle Historic Resources Commission and may be granted exemption from this section by said Board. Buildings of historical value not located within the local historic district may be considered by the Historic Resources Commission at the request of the owner and may be granted exemption from this section by said Board. In granting an exemption the Board must make a finding that the building is in fact a building of historical value to the city, that all imminent threats to life safety will be addressed expeditiously as deemed acceptable by the Code Enforcement Officer, Fire Marshal and other building officials, that the owner will repair the damage on a timely basis, with commencement not to exceed one year, and that the building will be reconstructed and/or repaired in such a way as to keep the historical character of the building. The Historic Resources Commission may attach any reasonable conditions to the approval. Should the work not be completed as approved the Code Enforcement Officer may seek any and all other remedies as provided in this chapter.
(Ord. 20-01, passed 1-6-20; Am. Ord. 21-40, passed 9-7-21)
(A) Inspections. All buildings and premises as set forth in this code are subject to inspections by the Code Enforcement Officer or his designated representatives. Upon presentation of proper identification and credentials to the owner, agent or occupant in charge of the property and/or premises, and securing his oral or written permission, the Code Enforcement Officer and/or his representative may enter and make such inspections as necessary and permitted by law.
(1) If permission for entry for the purpose of inspections is denied, and no emergency exists, the Code Enforcement Officer shall, after presentation of probable cause, procure a Court Order or other writ for entry.
(2) In cases of emergency where immediate and significant hazards are known to exist which may involve potential loss of life or significant property damage, the above limitations will not apply. The Code Enforcement Officer shall have such powers as may be necessary to carry out and effectuate the purposes and provisions of this code, including, without limiting the generality of the foregoing, in addition to others herein granted, the following powers:
(a) Investigations. To investigate building conditions in the city in order to determine which buildings fail to meet the standards set forth herein.
(b) Oaths, witnesses, evidence. To administer oaths and affirmations and to examine witnesses and receive evidence.
(c) Right-of-entry. To enter upon and within buildings and their premises for the purpose of making examinations and investigations; provided, that such entries shall be made in such a manner as not cause significant inconvenience to the persons in possession.
(4) Delegation of functions. To delegate any of his functions and powers under this code to such officers and agents as he may designate.
(B) Hearing and notice of violation.
(1) Whenever it appears to the Code Enforcement Officer that a building is in violation of a provision of this code, he or she shall issue and cause to be served on the owner of and parties in interest in such building, including lien holders, if any, as shown by the records of the Register of Deeds of Stanly County, a complaint stating the charges in that respect and containing a notice that a hearing will be held before the Code Enforcement Officer, or his designated agent, at a place within the city therein fixed not less than ten days or more than 30 days after the serving of such complaint; that the owner and parties in interest shall be given a right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint.
(2) Following such hearing, the Code Enforcement Officer shall dismiss the complaint or order compliance setting forth up to a maximum of 180 days within which to correct the violations and containing an outline of remedial action which, if taken, will effect compliance with the provisions of this code. Extensions of this time requirement may (such is discretionary) be issued by the Code Enforcement Officer with his or her agreement or by the Planning and Zoning Board or Historic Resources Commission, in the case of buildings of historical value, upon application by the property owner.
(a) If the Code Enforcement Official determines that the cost of repair, alteration, or improvement of the nonresidential building or structure would not exceed 50% of its then current value, then the Code Enforcement Official shall state in writing the findings of fact in support of such determination and issue an order that requires the owner, within a reasonable time specified in the order, to either: repair, alter or improve the nonresidential building or structure in order to bring it into compliance with the minimum standards established in this chapter; or vacate and close the nonresidential building or structure for any use.
(b) If the Code Enforcement Official determines that the cost of repair, alteration, or improvement of the nonresidential building or structure would exceed 50% of its then current value, then the Code Enforcement Official shall state in writing the findings of fact in support of such determination and issue an order that requires the owner, within a reasonable time specified in the order, to either: remove or demolish the nonresidential building or structure; or repair, alter or improve the nonresidential building or structure to bring it into compliance with the minimum standards established in this chapter.
(C) Content of notice. Such notice shall be in writing; specify in detail the violation or violations, together with the respective sections of this code being violated and contain an outline of remedial action which, if taken, will effect compliance with the provisions of this code.
(D) Service of notice and orders. Service of notice and orders shall be as follows:
(1) By delivery personally to one or more of the following:
(a) The at least one owner, operator or other party in interest of the property, or the person responsible; or
(b) By leaving the notice at the usual place of abode or business of the owner, operator, other party in interest or his agent;
(c) By depositing the notice in the United States Post Office addressed to the owner, operator, party in interest or his agent or persons responsible at his last known address (based on the tax listing information as furnished to Stanly County) with postage prepaid thereon, and certified or registered;
(d) In the event service of notice cannot be obtained in any of the above methods, by posting and keeping posted for 24 hours a copy of the notice in a conspicuous place on the premises where the violation has occurred and published once a week for three weeks in a newspaper of general circulation in the city such information as is necessary to inform an owner, operator, or other party in interest of the location of the premises and type of offense.
(2) No person shall deface or remove such notice without the consent of the Code Enforcement Officer.
(E) Violations and penalties. Any person, firm, corporation or agent who shall violate the provisions of this Code, or after due notice shall fail to comply with orders issued by the Code Enforcement Officer under the terms and provisions of the Code shall be subject to penalties pursuant to the civil penal provisions and/or criminal penalty provisions of the Code of Ordinances of the City of Albemarle. Such penalties shall continue to accrue until the Code Enforcement Officer has confirmed that all cited violations have been abated. Collection of all monetary penalties may be included in addition to the following remedies outlined below.
(F) Failure to comply with orders.
(1) If the owner or other party in interest fails to comply with an order to repair the building or structure, the Code Enforcement Officer may:
(a) Cause such structure to be repaired, and pending such repairs, may order such building vacated and closed.
(b) Cause to be posted on the main entrance of any structure so closed, a placard entitled “Notice of Condemnation” with the following words:
“Notice is hereby given that this building is in an unsafe and dangerous condition; may constitute a fire hazard by reason of structural defects and general state of decay, deterioration and disrepair; may be hazardous or dangerous to children or members of the public generally; or may be dangerously infested with vermin rodents or insects. Said building has been condemned under the building laws of the State of North Carolina and the City of Albemarle.”
(2) If the owner or other party in interest fails to comply with an order to remove or demolish the building, the Code Enforcement Officer may:
(a) Cause such structure to be remove or demolished.
(b) Cause to be posted, pending removal or demolition, on the main entrance of any structure a placard entitled "Notice of Condemnation" with the following words: "Notice is hereby given that this building is in an unsafe and hazardous condition; may constitute a fire hazard by reasons of structural defects and general state of decay, deterioration and disrepair; may be hazardous or dangerous to children or members of the public generally; or may be dangerously infested with vermin rodents or insects. Said building has been condemned under the building laws of the State of North Carolina and the City of Albemarle."
(3) The duties of the Code Enforcement Officer set forth in divisions (1) and (2) shall not be exercised until the City Council, by ordinance for each violation, shall have ordered the Code Enforcement Officer to proceed to effectuate the purpose of this chapter with respect to the particular structure which the Officer shall have found to be in violation of this Code. No such order shall be adopted to require demolition of a structure until the owner or other party in interest has first been given a reasonable opportunity to bring it into conformity with this article. Such order shall be recorded in the Office of the Register of Deeds where the building is located and shall be indexed in the name of the property owner in the grantor index.
(4) Cost becomes a lien.
(a) The amount of the cost of repairs, alterations, or improvements, or vacating and closing, or removal or demolition by the Code Enforcement Officer shall be a lien against the real property upon which the cost was incurred, which lien shall be filed, have the same priority, and be collected as the lien set out in G.S. 160A-216 et seq., G.S. Chapter 160D.
(b) The amount of the cost of repairs, alterations or improvements, or vacating and closing, or removal or demolition by the administrator shall be a lien on any other real property of the owner located within the city limits except for the owner's primary residence. The additional lien provided in this division is inferior to all prior liens and shall be collected as a money judgment.
(c) If the nonresidential building or structure is removed or demolished by the administrator, the administrator shall offer for sale the recoverable materials of the building or structure and any personal property, fixtures, or appurtenances found in or attached to the building or structure and shall credit the proceeds of the sale, if any, against the cost of the removal or demolition, and any balance remaining shall be deposited in the superior court by the administrator, shall be secured in a manner directed by the court, and shall be disbursed by the court to the persons found to be entitled thereto by final order or decree of the court. Nothing in this section shall be construed to impair or limit in any way the power of the Council to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise.
(d) If the structure is demolished and removed by the city, the City of Albemarle may sell the marketable materials of such structure and shall credit the proceeds of such sale against the cost of the demolition and removal and any balance remaining shall be deposited in the Superior Court by the city, and shall be secured in such manner as may be directed by such Court, and shall be disbursed by such Court to the persons found to be entitled thereto by final order or decree of such Court (in a special proceeding brought before the Clerk of Superior Court for said purpose).
(5) Nothing in this section shall be construed to impair or limit in any way the power of the city to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise, nor shall enforcement of one remedy provided herein prevent the enforcement of the other remedies provided herein.
(6) Nothing in this section shall be construed to impair or limit in any way the power of the Code Enforcement Officer in the proper enforcement of the duties of his office, as assigned, nor shall the enforcement of one remedy provided herein prevent the enforcement of other remedies provided or cited herein.
(7) It shall be unlawful for the owner or other party in interest of any structure to fail, neglect or refuse to repair or to vacate and close and demolish and remove the same, upon order of the Code Enforcement Officer duly made and served as herein provided, within the time specified in such order.
(G) If the building has been vacated and closed for a period of two years as the result of an order issued by a Code Enforcement Officer under division (B) of this section or an ordinance adopted pursuant to division (F) of this section, the City Council may make findings that the owner has abandoned the intent and purpose to repair, alter, or improve the building or structure and that the continuation of the building or structure in its vacated and closed status would be inimical to the health, safety, and welfare of the local government in that it would continue to deteriorate, would create a fire or safety hazard, would be a threat to children and vagrants, would attract persons intent on criminal activities, or would cause or contribute to blight and the deterioration of property values in the area. In the case of a vacant manufacturing facility or a vacant industrial warehouse, the building or structure must have been vacated and closed pursuant to an order or ordinance for a period of five years before City Council may take action under this section.
(1) Upon such findings, the City Council may enact an ordinance and serve such ordinance on the owner, setting forth the following:
(a) If the cost to repair the nonresidential building or structure to bring it into compliance with the minimum standards is less than or equal to 50% of its then current value, the ordinance shall require that the owner either repair or demolish and remove the building or structure within 90 days.
(b) If the cost to repair the nonresidential building or structure to bring it into compliance with the minimum standards exceeds 50% of its then current value, the ordinance shall require the owner to demolish and remove the building or structure within 90 days.
(2) If the owner fails to comply with the requirements of the ordinance, the Code Enforcement Officer shall demolish and remove the nonresidential building or structure.
(Ord. 20-01, passed 1-6-20; Am. Ord. 21-40, passed 9-7-21)
(A) Establishment of appeals process. There is hereby established an "Appeals Process". All Commercial Maintenance Code appeals shall be heard by the City of Albemarle Planning and Zoning Board.
(B) Membership. Unless otherwise provided in this chapter, the Planning and Zoning Board shall be responsible for hearing all appeals to decisions reached by the Code Enforcement Officer concerning the Commercial Maintenance Code of the City of Albemarle.
(C) Procedures. Procedures, rules and processes established by the Planning and Zoning Board shall apply.
(D) Duties. The duties of the Planning and Zoning Board with respect to hearing appeals per this chapter shall be:
(1) To consider and determine appeals whenever it is claimed that the true intent and meaning of this code or any of the regulations thereunder have been misconstrued or wrongly interpreted or applied by the Code Enforcement Officer or his representative.
(2) To consider the granting, in cases where the application of the requirement of this code in the allowance of the stated time for the performance of any action required hereunder would appear to cause undue hardship on an owner or other party in interest, reasonable variances to the extensions of time not to exceed 12 months from date of such order. No subsequent appeal shall be considered where an appeal has been previously decided involving the same building or premises and the same citation, unless appellant can demonstrate to the satisfaction of the Planning and Zoning Board change in circumstances sufficient to justify re-opening the appeal.
(E) Decisions. All decisions of the Planning and Zoning Board which vary the application of any provision of this code or modified an order of the Code Enforcement Officer shall specify in the manner in which such variance or modification is to be made, the conditions under which it may be made and the reasons therefor. Every decision shall be in writing and a copy of all decisions shall be promptly
filed in the office of the Code Enforcement Officer and it shall be open to public inspection.
(Ord. 20-01, passed 1-6-20; Am. Ord. 21-40, passed 9-7-21)
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