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(Added by Ord. No. 180,465, Eff. 2/8/09.)
(a) Definitions. As used in this section:
(1) “Gang Injunction” means a court order, in the form of a preliminary or permanent injunction, issued against an identified criminal street gang as an unincorporated association or organization, the provisions of which seek to enjoin the gang’s nuisance activities in a delineated geographic area known as the “Safety Zone”.
(2) “Gang Member” means a member of a “criminal street gang” as that term is defined in Penal Code section 186.22, subdivision (t).
(3) “Legal Owner” means the “legal owner” of a vehicle as defined in Vehicle Code section 370.
(4) “Registered Owner” means the “registered owner” of a vehicle as defined in Vehicle Code section 505.
(5) “Safety Zone” means a geographic area delineated in any gang injunction within which a gang’s nuisance activities are to be enjoined.
(6) “Vehicle” means any transportation device that would require a driver of the vehicle to have in their immediate possession a valid driver’s license for the appropriate class of vehicle.
(b) Circumstances in Which Vehicle Becomes Nuisance Subject to Seizure and Forfeiture. A vehicle used in any of the following circumstances is a nuisance that shall be enjoined and abated as provided in this section:
(1) Any vehicle used within the City by one or more gang members for the purpose of the commission of any of the offenses listed in Penal Code section 186.22, subdivision (e), except for the offenses listed in subdivision (e)(4) (relating to the sale, transportation and manufacture of controlled substances).
(2) Any vehicle used within a Safety Zone in which a gang member who is subject to and has notice of the Gang Injunction is:
(A) Present with another known gang member in violation of the Gang Injunction; or
(B) Present and in actual or constructive possession of graffiti tools in violation of the Gang Injunction; or
(C) Present and transporting, concealing, or storing a firearm or any ammunition, the possession of which would be a violation of the Gang Injunction.
(c) Title to Vest in the City. All right, title and interest in any vehicle used in any of the circumstances described in subsection (b) shall vest in the City upon commission of the act giving rise to the nuisance.
(d) Seizure of Vehicle.
(1) A peace officer may seize a vehicle for forfeiture upon the issuance of an order by a court having jurisdiction of the vehicle.
(2) A peace officer may seize a vehicle for forfeiture without a court order when:
(A) The seizure is incident to an arrest or a search conducted pursuant to a search warrant; or
(B) There is probable cause to believe that the vehicle is being used in any of the circumstances described in subsection (b).
(3) A peace officer seizing a vehicle under this section shall complete a vehicle report and deliver it to the person from whose possession the vehicle was seized.
(e) Post-Seizure Investigation and Notice to Registered and Legal Owners.
(1) Upon seizure of a vehicle under this section, the seizing agency shall immediately conduct an investigation as to any registered owner and any legal owner of record with the Department of Motor Vehicles of this or any other state or appropriate federal agency.
(2) If the agency finds that any person is the registered or legal owner, and that such ownership or interest did not arise subsequent to the date and time of seizure of the vehicle or notification of the forfeiture proceedings, the agency shall send the following to each such person at their address, as it appears in the records of the Department of Motor Vehicles of this or any other state or any appropriate federal agency, within three (3) business days of the vehicle’s seizure:
(A) A Notice of Seizure, which shall include the name, address and telephone number of the agency providing the notice as well as the authority and reason for the seizure; and
(B) Information about the availability of a post-seizure hearing, which shall include a statement that in order to receive a post-seizure hearing, the owner, or the owner’s attorney or agent, must request the hearing in person, or in writing, or by telephone within ten (10) calendar days of the date of the Notice; and
(C) Information about how to file a claim, which shall include the time in which a claim of interest in the vehicle seized or subject to forfeiture is required to be filed; and
(D) A claim form.
(f) Post-Seizure Hearing.
(1) When requested, the post-seizure hearing shall be. conducted within three (3) business days of the seizing agency’s receipt of the request for such a hearing. The agency may authorize its own officer or employee to conduct the hearing as long as the hearing officer is not the same person who seized or directed the seizure of the vehicle. The hearing also may be conducted by a City Attorney hearing officer designated to conduct such hearings.
(2) The vehicle shall be retained upon a determination of probable cause that the vehicle was used in one or more of the circumstances described in subsection (b).
(3) Failure of either the registered owner or legal owner, or their attorney or agent, to request or attend a scheduled post-seizure hearing within the appropriate time frame shall satisfy any post-seizure hearing requirement.
(4) Notwithstanding a determination of probable cause, the hearing officer has the authority and discretion to direct return of the vehicle to the registered owner pending further action under this section, upon payment of towing, storage and release charges, if the hearing officer is satisfied, considering all reliable and available information, that:
(A) The registered owner is not a gang member; and
(B) The registered owner was not operating or present in or around the vehicle at the time of the violation resulting in its seizure; and
(C) The registered owner did not authorize or negligently permit the vehicle to be used in one or more of the circumstances described in subsection (b); and
(D) The vehicle was not previously seized, impounded, or reportedly used in furtherance of any criminal activity while in the possession or control of the registered owner; and
(E) The registered owner relies upon the vehicle for legitimate transportation purposes.
(g) Notice to Interested Persons of Intended Forfeiture of Vehicle.
(1) If the City Attorney determines that the factual circumstances described in subsection (b) warrant forfeiture of the vehicle, the City Attorney shall serve a Notice of Intended Forfeiture upon any person who has an interest in the seized vehicle as determined pursuant to subsection (e). The Notice shall be served as soon as practicable, but in any event within thirty (30) calendar days of the seizure of the vehicle subject to forfeiture.
(2) The Notice of Intended Forfeiture shall be served by personal delivery, or by certified mail return receipt requested, to the address on record with the Department of Motor Vehicles, or any other address a person entitled to receive service under subsection (e) designates in writing to the City Attorney.
(3) In the event that a person entitled to service under this section cannot be personally served, or the certified return receipt is not received by the City Attorney within ten (10) business days of mailing, substitute service may be accomplished by either of the following methods:
(A) By leaving a copy of the Notice at the address on record with the Department of Motor Vehicles and any other address a person entitled to receive service under subsection (e) designates in writing to the City Attorney, and by mailing a copy to the recipient at the address where the copy was left and any other address designated in writing to the City Attorney; or
(B) By first class mail, if the person entitled to service resides out of state.
(4) Service of the Notice of Intended Forfeiture shall be deemed complete if the recipient acknowledges receipt of the Notice verbally or in writing, or the certified return receipt is received by the City Attorney, or upon completion of personal or substitute service.
(h) Filing of Claims Opposing Forfeiture and Court Proceedings Thereon.
(1) A person claiming an interest in a vehicle seized pursuant to subsection (d) must, within ten (10) calendar days from the date of personal service or mailing of the Notice of the Intended Forfeiture, file with the Superior Court of the County of Los Angeles a Claim Opposing Forfeiture, verified in accordance with Code of Civil Procedure section 446. The Claim shall describe the person’s interest in the vehicle. A copy of the Claim shall be served upon the City Attorney.
(2) If a verified Claim is filed in accordance with this section, the forfeiture proceeding shall be set for hearing within thirty (30) calendar days from the date the Claim is filed with the court.
(3) The City Attorney shall file a Petition for Forfeiture within ten (10) calendar days of being served with the Claim. The Petition for Forfeiture shall identify the vehicle to be forfeited, state the date and place of the seizure, describe the factual and legal basis for the forfeiture, and state the estimated value of the vehicle.
(4) All discovery shall be completed on or before the fifth calendar day before the hearing date, which date may be extended in the court’s discretion.
(5) The hearing shall be before the Superior Court of the County of Los Angeles. The provisions of the Code of Civil Procedure shall apply to such proceedings unless otherwise inconsistent with the provisions or, procedures set forth in this section. A proceeding under this subsection is a summary proceeding and there shall be no joinder of actions, coordination of actions, or cross-complaints. The issues to be determined shall be limited strictly to those related to this section. Trial shall be by court or jury.
(i) Contested Forfeiture of Vehicle.
(1) Where forfeiture pursuant to this section is contested, the City Attorney shall have the burden of proving by a preponderance of the evidence that the vehicle was used in one or more of the circumstances described in subsection (b).
(2) Upon proof that the vehicle was used in any of the circumstances described in subsection (b), the court shall:
(A) Declare the vehicle a nuisance; and
(B) Order that the vehicle be forfeited and sold, and that the proceeds from the sale be distributed in accordance with subsection (n); or
(C) If the vehicle was returned to the registered owner pursuant to subsection (f)(4), that it be seized, forfeited and sold, and that the proceeds from the sale be distributed in accordance with subsection (n).
(j) Return to Innocent Owner. Notwithstanding that a vehicle seized under this section may have been used in one or more of the circumstances described in subsection (b), the vehicle shall not be subject to forfeiture and shall be returned to the registered owner, upon payment of towing, storage and release charges, if the registered owner establishes by a preponderance of the evidence that all of the following circumstances exist:
(1) The registered owner was not operating or present in or around the vehicle at the time of the violation resulting in its seizure; and
(2) The registered owner did not know that the vehicle was to be used in one or more of the circumstances described in subsection (b); and
(3) The registered owner was not negligent in allowing the vehicle to be used in one or more of the circumstances described in subsection (b).
(k) Detention In Lieu of Forfeiture.
(1) Notwithstanding that a vehicle seized under this section may have been used in one or more of the circumstances described in subsection (b), the court may, in lieu of forfeiture, order that the vehicle be detained for a period of not less than thirty (30) days and not more than one-hundred-twenty (120) days, if the court finds by a preponderance of the evidence that:
(A) The vehicle is the only vehicle available to members of the registered owner’s household; and
(B) Forfeiture of the vehicle would cause significant hardship to a household member who relies upon the vehicle for transportation for legitimate purposes; and
(C) If released to the registered owner, the vehicle is unlikely to be used in further violation of this section in the future.
(2) If the court orders the vehicle detained pursuant to this subsection, the registered owner may reclaim the vehicle upon expiration of the detention period and payment of tow, storage and release charges.
(l) Stolen Vehicles. A vehicle that has been reported stolen prior to its seizure under this section shall not be subject to forfeiture under this section, unless the identity of the registered owner cannot be reasonably ascertained, or the registered owner fails to redeem the vehicle within sixty (60) days of the seizure. The registered owner of the vehicle may claim the vehicle, upon payment of tow, storage and release charges, provided the vehicle is not subject to any holds for traffic or parking violations and the vehicle registration is current.
(m) Uncontested Forfeiture of Vehicle.
(1) Where forfeiture pursuant to this section is not contested, the City Attorney shall have the authority to declare the vehicle forfeited under this section.
(2) If no Claims are timely filed, the City Attorney shall prepare a written Declaration of Forfeiture of the vehicle to the City. A written Declaration of Forfeiture signed by the City Attorney or the City Attorney’s duly authorized designee shall be deemed to vest good and sufficient title to the forfeited vehicle in the City. The proceeds from the disposal of the vehicle declared forfeited by the City Attorney shall be distributed in accordance with subsection (n)(1). The City Attorney shall mail or otherwise provide a copy of the Declaration of Forfeiture to any person who received notice of the forfeiture proceedings pursuant to this section.
(n) Disposal of Vehicle and Distribution of Proceeds.
(1) In any case in which a vehicle seized pursuant to this section is forfeited to the City, the vehicle shall be sold, unless a settlement is reached with the registered owner of the vehicle. All proceeds from the sale, or if cash is paid as settlement in lieu of forfeiture of the vehicle, shall be distributed and appropriated in the order of priority listed below:
(A) To pay costs associated with the towing, storage and release of the vehicle; and then
(B) To pay costs associated with the sale of the vehicle; and then
(C) To the legal owner of the vehicle, if any, up to the amount of the legal owner’s interest in the vehicle; and then
(D) To the City’s general fund.
(2) In a contested forfeiture proceeding pursuant to subsection (i), the court may make a different distribution of the proceeds in the interest of justice, including a distribution to a person or entity other than a registered or legal owner of the vehicle who can prove by clear and convincing evidence an interest in the vehicle, up to the amount of that person’s provable interest, but only if such person or entity has provided the court with proof of their claimed interest before the court makes a final disposition regarding the vehicle.
(3) For budgeting purposes, funds attributable to this ordinance shall not be considered anticipated revenue to the general fund.
(o) Recovery of Monetary Loss. Nothing in this section shall preclude a vehicle owner or lienholder who suffers a monetary loss from the forfeiture of a vehicle under this section from recovering the amount of the actual monetary loss from the person or persons who committed the act giving rise to the forfeiture.
(Added by Ord. No. 180,724, Eff. 7/16/09.)
(A) Definitions. As used in this section:
1. “City” means the City of Los Angeles.
2. “Property” means any real property located in the City of Los Angeles, including all buildings, structures and other improvements thereon.
(B) Nuisance.
1. Definition of Nuisance. A Property used for the purpose of knowingly manufacturing, selling, or possessing for sale any of the following is a public nuisance which may be restrained, enjoined, abated, and prevented pursuant to the provisions of this Section.
(a) Any counterfeit of a mark, or goods containing any counterfeit of a mark, registered with the California Secretary of State or registered on the Principal Register of the United States Patent and Trademark office; or
(b) Any recording or audiovisual work where the cover, box, jacket, or label fails to accurately disclose the information regarding the manufacturer and the author, artist, performer, producer, programmer, or group, as proscribed by California Penal Code section 653w.
2. Maintaining Nuisance. No person shall knowingly conduct, permit or maintain the nuisance defined in Subsection B.1. of this Section on any Property. Each day such nuisance continues to exist shall be a new and separate offense.
3. Action to Abate Nuisance. The City Attorney may bring and maintain a civil action in the name of the City of Los Angeles in the superior court to abate and prevent a public nuisance as defined in Subsection B.1. of this Section and to restrain and enjoin the person or persons conducting, maintaining or permitting the public nuisance from further conducting, maintaining, or permitting such public nuisance.
4. Notice of Nuisance. If the Property owner is not the person conducting, maintaining or permitting the nuisance, at least 30 days before an action is filed against a Property owner, the Property owner shall be notified that the Property is being used in violation of subsection B.1. This requirement is satisfied if the City Attorney sends a notice by certified or registered mail with return receipt requested to the Property owner.
5. In Rem Jurisdiction. The City Attorney may name as a defendant, in any action brought under this Section, the Property where the public nuisance is being conducted, or maintained or permitted, by describing it by the assessor’s parcel number and street address. The City Attorney shall cause a summons to be affixed to the principal door or entrance of the Property, or other visible, conspicuous place thereon, and thereafter mails the summons by certified or registered mail, return receipt requested, to the owner of the Property as reflected on public records on file with the Los Angeles County Recorder.
(C) Pre-Judgment Remedies.
1. Temporary Restraining Order or Injunction. If the existence of the nuisance in the action is shown to the satisfaction of the court, either by verified complaint or affidavit, the court may allow a temporary restraining order or injunction to abate and prevent the continuance or recurrence of the nuisance.
2. Closure.
(a) The City Attorney may seek a temporary restraining order or preliminary injunction to close all or part of the Property pending trial when a prior order or injunction has not resulted in abatement of the nuisance. The duration of the order shall be in the court’s discretion but in no event shall the closure exceed one year. The City Attorney may seek an order further directing that the property owner or person in control of the Property is to padlock the Property and provide the keys to the Los Angeles Police Department or the Department of Building and Safety upon a request by that department.
(b) The City Attorney may seek a pre-judgment closure order directing that if the Property is not closed as ordered by the court, the Department of Building and Safety may close it and board and secure it. The order further may direct the Police Department and the victim of the activity referenced in B.1.(a) or (b) or its agent, to enter the property in order to prepare a report regarding personal property situated at the Property. The report may consist of photographs of the personal Property.
(c) The City Attorney shall send the pre- judgment closure order to the Property owner and the person in control of the Property. If the Property owner or the person in control of the Property fails to comply, the Department of Building and Safety may, when requested by the Los Angeles Police Department, barricade, padlock, fence or secure the Property by whatever means necessary to secure compliance.
(d) When the Department of Building and Safety closes a Property pursuant to this section, the Department shall post a warning placard or sign in a conspicuous place near the entrance. A warning placard or sign posted pursuant to this section shall not be removed, defaced, covered or hidden from view in any manner. The placard or sign shall read substantially as follows:
PROPERTY VACATED BY COURT ORDER
DO NOT ENTER
IT IS A MISDEMEANOR TO ENTER, TO REMAIN, TO OCCUPY OR BE PRESENT UNLAWFULLY IN OR ON THIS PROPERTY.
IT IS A MISDEMEANOR TO REMOVE, DEFACE, COVER OR HIDE THIS PLACARD.
IT IS A MISDEMEANOR TO REMOVE, DEFACE, COVER OR HIDE THIS PLACARD.
3. Defendant’s Remedies.
(a) If the Property owner files a bond in an amount equal to the full assessed value of the Property ordered to be closed and submits proof to the court that the nuisance has been abated and will not be created, maintained, or permitted for such period of time as the Property has been directed to be closed, the court may vacate the pre-judgment closure order. Proof that the nuisance will not be created, maintained, or permitted in the future, shall include, but not be limited to, a written statement setting forth the proactive steps the owner will take to ensure that no such nuisance shall recur on the Property.
The provisions of Section 995.010 et seq. of the Code of Civil Procedure shall apply to any bond posted under this subsection.
(b) The City Attorney shall request that any order vacating a pre-judgment closure order include a provision authorizing the Police Department to periodically and without notice, inspect the Property that is the subject of an action pursuant to this section during the pendency of the action, for the purpose of ascertaining whether or not the public nuisance has recurred on the Property.
(D) Judgment.
1. Permanent Injunction. If the existence of the nuisance in the action is established to the satisfaction of the court, the court may enter a judgment which includes a permanent injunction enjoining the nuisance.
2. Closure.
(a) The City Attorney may seek a permanent injunction that includes closure of all or part of the Property. The duration of the order shall be in the court’s discretion but in no event shall the closure aspect of the order exceed one year. The order may further direct that the Property owner or person in control of the Property is to padlock the Property and provide the keys to the Police Department or the Department of Building and Safety upon a request by that department.
(b) The closure order may direct that if the Property is not closed as ordered by the court, the Department of Building and Safety may close it and board and secure it. The order may further direct the Police Department to enter the Property in order to prepare a report regarding personal property situated at the Property. The report may consist of photographs of the personal property.
(c) The City Attorney shall send the closure order to the Property owner and the person in control of the Property. If the Property owner or the person in control of the Property fails to comply, the Department of Building and Safety may, when requested by the Los Angeles
Police Department, barricade, padlock, fence or secure the Property by whatever means necessary to secure compliance.
(d) When the Department of Building and Safety closes a Property pursuant to this section, the Department shall post a warning placard or sign in a conspicuous place near the entrance. A warning placard or sign posted pursuant to this section shall not be removed, defaced, covered or hidden from view in any manner. The placard or sign shall read substantially as follows:
PROPERTY VACATED BY COURT ORDER
DO NOT ENTER
IT IS A MISDEMEANOR TO ENTER, TO REMAIN, TO OCCUPY OR BE PRESENT UNLAWFULLY IN OR ON THIS PROPERTY.
IT IS A MISDEMEANOR TO REMOVE, DEFACE, COVER OR HIDE THIS PLACARD.
IT IS A MISDEMEANOR TO REMOVE, DEFACE, COVER OR HIDE THIS PLACARD.
3. Defendant’s Remedies.
(a) If the owner files a bond in the amount equal to the full assessed value of the property ordered to be closed and submits proof to the court that the nuisance has been abated and will not be created, maintained, or permitted for such period of time as the Property has been directed to be closed, the court may vacate the closure order. Proof that the nuisance will not be created, maintained, or permitted in the future, shall include, but not be limited to, a written statement setting forth the proactive steps the owner will take to ensure that no such nuisance shall recur on the Property. The provisions of Section 995.010 et seq. of the Code of Civil Procedure shall apply to any bond posted under this subsection.
(b) The City Attorney may seek an order that includes a provision authorizing the Police Department to periodically and without notice, inspect the Property that is the subject of an action pursuant to this section, for the purpose of ascertaining whether or not the public nuisance has recurred on the Property.
4. Sale of Chattels. The City Attorney may seek an order of abatement directing the seizure and removal from the Property of all fixtures and moveable property used in the creation and/or maintenance of the public nuisance and directing the sale by the sheriff of such personal property in the manner provided for the sale of chattels under execution. For removing and selling the fixtures and moveable property, the sheriff’s office shall be entitled to charge and receive the same fees as the sheriff’s office would for levying upon and selling like property upon execution. The net proceeds of any such sale, after the sheriff’s expenses have been paid, shall be used to first defray all the lawful expenses incurred by the City, including, but not limited to, fees and costs of the removal and sale, allowances and costs of keeping the Property closed, and costs of the City’s action. The balance, if any, shall be paid to the owner of the chattels.
5. Civil Penalty. If a defendant has conducted, maintained or permitted a public nuisance as defined in this section, the civil penalty shall not to exceed $1,000 for each counterfeit of a mark registered with the California Secretary of State or registered on the Principal Register of the United States Patent and Trademark office, or for any recording or audiovisual work where the cover, box, jacket, or label fails to accurately disclose the information regarding the manufacturer and the author, artist, performer, producer, programmer, or group, as proscribed by California Penal Codes section 653w, that is knowingly manufactured, sold, or possessed for sale on the Property. Upon recovery, such penalties shall be paid to the City of Los Angeles.
In assessing the amount of the civil penalty under this section, the court may consider any one or more of the relevant circumstances presented by any of the parties to the action, including, but not limited to, the following: the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, and the defendant’s assets, liabilities, and net worth.
(E) Costs of Abatement. In any action to abate a nuisance pursuant to this Section, the owner of the Property upon which the nuisance is found to exist shall be liable for all costs of abatement incurred by the City, including but not limited to, administrative costs and all costs incurred in the physical abatement of the nuisance. In addition to the penalties herein provided, upon entry of a second or subsequent judgment pursuant to this section that issues within a two-year period, the court may order the owner to pay treble the costs of abatement.
(F) Violations.
1. Violation of Order or Injunction. A violation or disobedience of any provision of an order or injunction issued pursuant to this section is a misdemeanor.
2. Failure to Comply with Closure Order. A Property owner or person in control of the Property who fails to comply with any pre-judgment closure order or closure order shall be guilty of a misdemeanor.
3. Defacement or Removal of Placard or Sign. Any person who defaces, covers, hides, or removes any placard or sign posted pursuant to subsection C.2.(d) or D.2.(d) of this section shall be guilty of a misdemeanor.
4. Entry Onto or Occupation of Closed Property. Any person who enters, remains, occupies or is present in a Property that has been posted pursuant to subsection C.2.(d) or D.2.(d) of this section shall be guilty of a misdemeanor. This prohibition shall not apply to public officers or public employees acting in the performance of their official duties. Notwithstanding any other provision of the Los Angeles Municipal Code to the contrary, a police officer with the Los Angeles Police Department shall have the authority to enter any building posted by the Department pursuant to this division, and arrest anyone entering the posted Property without authorization.
(G) Nonexclusive Remedies. The remedies provided in this section are cumulative and non-exclusive and they shall not exclude the City’s use of any other remedy provided by law for the protection of the health, safety and welfare of the people of the City of Los Angeles.
(Title Amended by Ord. No. 145,691, Eff. 5/2/74.)
Section
42.00 Regulation of Soliciting and Sales in Streets.
42.00.1 Sales from Ice Cream Trucks.
42.01 Street – Sidewalk – Pedestrians Building Setback.
42.02 Street – Sidewalk – Adjacent Property – Soliciting Trade.
42.03 Selling of Tickets of Admission to Places of Public Assemblage in Public Places and Places Open to the Public Prohibited – Exceptions.
42.04 Street – Sidewalk – Soliciting Patronage.
42.05 Street – Sidewalk – Soliciting Patronage Transportation.
42.06 Railroad – Stage Depot – Soliciting Patronage.
42.07 Common Carrier – Soliciting Patronage on.
42.08 Street – Sidewalk – Soliciting Patronage Prohibited in Area.
42.09 Soliciting Patronage – Manner of.
42.10 Solicitors of Patronage – Interference With.
42.11 Hotel – Loitering.
42.11.1 Depots – Stations – Airports – Loitering about Prohibited.
42.12 Alms – Soliciting in Buildings.
42.13 Sidewalk and Park Vending Program.
42.14 Soliciting – Use of City Name.
42.14.1 Soliciting on City Property.
42.15 Vending and Excessive Noise on Beaches Prohibited.
42.19 Magazine Subscriptions – Sales for Future Delivery – Where Solicitation Prohibited.
42.20 Food and Drink Establishments – Annoyance of Customers Forbidden.
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