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HomeMy WebLinkAbout40-Planning and Building · CITY OF SAN BERO'RDINO - REQUEST:JOR COUNCIL ACTION "From: Al Boughey" Director Dept: Planning & Building Services Subject: 1095 West Spruce Street (see attachment exhibit "A") Date: July 30, 1992 Mayor and Common Council Meeting August 3, 1992 Synopsis of Previous Council action: August 30, 1991 Appeal to Mayor andoCommon Council of Board of Buliding Commisioners Finding. October 7, 1991 Mayor and Common Council continued item until October 21, 1991. October 21, 1991 Mayor and Common Council continued the item until November 4, 1991. November 4, 1991, The Mayor and Common Council upheld the finding and action of the Board of Building Commisioners. and directed staff to provide a detailed list of corections to property owner, and provide a progress report at the Mayor and Common Council Meeting set for May 4, 1992. May 4, 1992, The Mayor and Common Council continued the item until July 6, 1992. July 6, 1992, The Mayor and Common Council based on allegations presented by property owner, continued the item until August 3, 1992, for staff response. Recommended motion: That the Mayor and Common Council order the owner to obtain all proper permits within (10) ten days to correct all health and safety violations or to demolish the structure within sixty (60) days. After time frame has elapsed and owner compliance is not obtained, the city will initiate abatement and the property owner will incur contrac.tor -,abatement CCtlst .-and 'all related direct cost as a personal obligation and placed as a lien upon the property. C4/ Signature Larry Reed, sistant Director for: AI Boughey, Director Contact person: Al Boughey Phone: 384-5357 Supporting data attached: Background, Staff Response Ward: 1 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Oescriotion) Finance: Council Notes: ^___-'_ ,"-_ .,_~ 4-7) c o 1095 .. SPRUCE (Exhibit A) SUBJECT (Attachment) On November 4, 1991, the Council upheld the decision of the Board of Building Commissioners requiring the property at 1095 W Sprucse to meet Health and Safety Standards, to rehabilitate the structure to meet all applicable Building and Safety Property Maintenance Codes or to demolish the building on the property within six months. The hearing was continued to May 4, 1992 to review the progress. The hearing of May 4, 1992 was continued to July 6, 1992. REOUEST At the July 6, 1992 hearing, Mr. Peters claimed that his procedural due process rights had been violated. The Mayor and Common Council requested that Staff make a written reply to his allegations. o """"\ ~ BACKGROUND 5-31-111 Inspection made by the Code compliance Division. At the time of inspection abandoned vehicles, large amounts of junk, trash and debrisJere located on the property. Inspection of the structure revealed substandard conditions and hazardous electrical wiring. 7-1-91 Reinspection was made by the Code Compliance Division. At the time of inspection violations observed on the original inspection still existed. A ten day notice to abate nuisance was mailed to the owner with no response. 7-11-111 A follow-up inspection made by the Code Compliance Division found that the violations still existed and had not been corrected, therefore, the case was presented before the Board of Building commissioners meeting of August 16, 1991. 8-16-111 Mr. Peters appeared before the BBC and was ordered to correct the violations and abate the nuisance at 1095 W Spruce. 8-30-111 Mr. Peters appealed to the Mayor and Common Council 10-7-91 Mayor and Common Council continued appeal until October 21, 1991 at the request of the property owner, Mr. M. Peters. 10-21-111 The Mayor and Common Council directed Staff to conduct another inspection. Mr. Peters denied access to his property therefore an inspection warrant was obtained. An inspection was made November 1, 1991. 11-4-111 The Mayor and Common Council considered the inspection reports prepared by Staff and an independent structural Engineer. Based upon those reports and the evidence presented by Mr. Peters, the Mayor and Common Council upheld the decision and finding of the Board of Building Commissioners. o o A} ~o immediately vacate the property B} To immediately correct all health and safety violations; or to demolish the building on the property within six months of this date. The Mayor and Common Council requested a report in six months to determine progress being made by the property owner, Mr. Peters. 5-4-92 The Mayor and Common Council continued the item until July 6, 1992 7-6-92 The Mayor and Common Council directed staff to respond in writing to Mr. Peters allegations that his procedural due process rights had been violated. This item was continued until August 3, 1992 -_..-J o o STAFF RESPONSE Introduction: On November 4, 1991, the Mayor and Common Council passed the following motion: That the property owner is hereby ordered and directed as follows: 1. To immediately vacate the property; 2. To immediately correct all health and safety violations; or to demolish the building on the property within six months of this date; The purpose of the hearing on July 6, 1992 was to determine the progress that Mr. Peters had made. Mr. Peters, instead of advising the Council as to his progress in remedying the nuisance, again made the same arguments and allegations which he made at the November 4, 1991 hearing. Although the Mayor and Common Council had already made a ruling on these very same issues on November 4, 1991, Mr. Peters was allowed to make his presentation even though he did not appeal or request a rehearing of the Council's decision. In Mr. Peters presentation to the Mayor and Common Council on July 6, 1992, he presented the same allegations of November 4, 1991. These allegations can be summarized into two main areas: 1. Procedural Due Process - Mr. Peters claims that the City violated his due process rights when it declared his property a nuisance. He claims that the City cannot make a determination of nuisance without exigent circumstances. He then claims he was deprived of his right to a fair hearing and thus the decisions of the BBC and Council are arbitrary and capricious. 2. Insufficiency of Evidence - As to the alleged violation of due process, the chronology of events set forth herein clearly shows that the City acted in full accordance with the code as reviewed by the City Attorney. Mr. Peters was provided every opportunity to present evidence supporting his allegations. The fact that this matter has been pending for almost a year is indicative of the city's efforts to ensure that Mr. Peters rights were not violated. o 8 Mr. Peters' claims that the City's evidence of the nuisance on his property cannot be considered by either the BBC or the Council because the evidence was obtained illegally, ie. without his consent or permission. He further claims the evidence presented was "incompetent" because Code Enforcement personnel are not experts and the City's expert did not personally appear at the hearing. He alleges that his "experts" opinion was not considered. As to the allegation that there was insufficient and incompetent evidence, it should be recognized that the BBC and City Council, when hearing appeals must weigh the evidence presented. When conflicting testimony or evidence is presented, the Board or Council must decide which is more persuasive. The credibility of the witnesses are, therefore, at issue. Additionally, it should be recognized that administrative hearings are not held to the same standards on evidence as are courts of law. . Note: The above legal opinion was provided by the deputy city Attorney, Frank Rhemrev. In addition, Mr. Peters' contention that he is being required to make this building comply with all of the requirements of the 1988 Uniform Building Code is misleading. Mr. Peters' has been provided with a list of deficiencies and an explanation of the corrective actions necessary to bring this property into compliance, (see attached letter dated November 14, 1991). This letter is specific in nature and in no way implies that the building must meet all the requirements of the current building code. provisions obtained in the code, (eg. UAC 104), generally allow existing buildings to remain, "as built" without complying with all of the requirements for a new structure, provided they are maintained in accordance with the original design or code requirements under which they were built and do not constitute a hazard to life, health, or property. Exceptions to this general rule include the requirements contained in SBMC 15.24 (Property Maintenance), SBMC 15.28, and the Uniform Fire Code among others. Most, if not all of the violations noted on this property are a result of inadequate maintenance or unpermitted construction. o o RECOMMENDATION That the Mayor and Common Council order the owner to obtain all proper permits within ten (IO) days to correct all health and safety violations or demolish the structure within sixty (60) days. After time frame has elapsed and owner compliance is not obtained, the city will initiate abatement and property owner will incur contractor cost and all related direct cost as a personal obligation and placed as a lien upon the property. prepared by: Debra Daniel, Code Compliance Supervisor Joe Lease, Building Inspection Supervisor for Al Boughey, Director Planning and Building Services Attachment: Letter of Appeal to Mayor and Common Council Order of the Board of Building Commissioners Background report Staff response Recommendation -------------~-------POR O~ICE USB ORL~---------------------- Dep ents Copies: Date/Time Stamp: RECEIVED..!"'-! y '~'.EFI' originaA, .~nt to)?.t?U xL- r "91 P.UG 30 P 3 :55 p~ent I~ormation: . ~.>......H b3'f1o ~ "f ----------------------------------------------------------------- CIfi OF SAN BBRBARDINO NOTICB OF APPBAL **********************IMPORTAHT rHl!'ORHATIOH********************* THBRB IS AN APPEAL FBB OF $75.00 FOR ALL BUILDING, WEBD AIm VBBICLB ABATUU5lIIT APPEALS HADB TO THE cnvvnw COUHCIL AlI1D A $106.00 APPEAL FBB FOR ALL PLAHHIHG APPEALS HADB TO THE COIDlOH COUNCIL. ****..****..******************************.*...*************...* Please Comolete Paaes One and TWo Appeal Filing Date: Name of Appellant: lj~~. ~ 19q / ,An, 1(, /~rc~5 Address of Appellant: I CJ 9 f3 U/, 0122 5, cI /}V /:c-tUv 4-f2./J /11./ 0 (711- Contact Person and Phone Number: tf1 cj z.<; J3 work number: home number: Type of Appeal (please check one of the following): Planning Appeal Building Abatement Appeal Weed Abatement Appeal Vehicle Abatement Appeal Other: ~u.1~~ 1 At-rrl~hmpnt- n'AlI __ ..,.1 .'. o o A VALID APPEAL KOS'l' IHCLUDE 'l'BE POLLOWIRG IHFOJUIA'l'IOR: (()9 j (1'?t<UeE:: 1. "Affected Property: II. State the specific action: aa~~ action appealed and the date of that /./-.#~ " , III. State the specific grounds of the appeal: - 1/. _ /. . ' ~ ~~'..7 IV. State the action(s) sought from the Common Council (Committee or Commission): ~ aH-a vti./'7 -.<:- '.:-- ~ II /' _ ./1 ' ~ ,/1^- ~~ ~~/' .' --"_P.-d , ~'/ 4.-- ~ ~&jrVJ-€/~~(;;;J:""/~~a~ (/ {/ Attachments or exhibits if any: Signatuxe: ('I / / " 1/ '....,A , ;f /l 1'./~ 2 . ---_. .-------._.- . ...-.....,- 0 0 ,-,'-. ~ . . . /J RECEIVEI)-CTY CLEFt< _ ~, h./"./'AJ7!/'~~~ 91 A00--30-lL}.:55 ~r- 3~,' /'&; if / ~'Z-1.1''1-_-'-;L-' T'~'J-- . ~ -:i~~ ~ t T~O . ";11V~ ~' . e,l/ ~ .;(, ~ , ~c-(J ,~ g,dj#d:- /1t..L ~/. It/1991 _~ ~!f.:... ~~ ... . , M- ~ ~ ~ (A.41-/~, A~, ~bJu.d ._:::;i =~ ft1::~ ~ 01 ~ /A.L- (!.A ~0-}~,iL--~ ~' i.bu ~ ~ ___~'~+L--Y~// ,~.L " dL~~/~. ~A.% ~ ~ (CLd-: (EJ T~ ~~~.J ~~ - , ,;r~f-fY!~Ad/).. ~r~-I-tA--/-~~'~ ~~~t:;~~~~~~~~~.. __u_______ gJ ~ AL /l/'~~~~ ~~-/'-. - ~~ ~u..:I_~,~~~ , '~ -M-,' ,.,4:; '..Lo~ " .~~= /gd~.' h 74- ~--I-~--", 11vr..::I- /'lL ~ ~ ~ . / "" - . " ' " ""'.~ / ../... . . ,V. ~ '" ~. ,") o w :) a-x_ ~ ~ . . ~ /1u.-c _~'-f.4<y'-~. .~ ~ ~<A-'L- ~~ / ~~ ~ ~.L-4-~1 ,z2~ ~h. ~~~~ ~~~ , ~ .~.~ v ~- ~~~ I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BO~, BUILDING COMMISSIONE~ ORDB~OF THE BOARD OF BUILDING ~MMISSIOHBRS OF THE CITY OF SUI BBRNARDINO AUTHORIZING THE ABATBKBNT OJ' A PUBLIC NUISUlCB ORDBR NO. 1585 REPORT NO. 3620 WHEREAS, pursuant to the San Bernardino Municipal Code, Title 15, Chapter 15.28, the Building Official has posted a building(s} located at 1098 W. 5th Street San Ber- nardino, California, with a "Notice to Abate Nuisance" and has notified the person(s) having an interest in said property that the said building(s) or premises constitute a public nuisance and has prepared a declaration of posting and mailing of the notice, a copy of which is on file in these proceedings; and WHEREAS, pursuant to said San Bernardino Municipal Code, the Building Official has served a "Notice of Hearing Before the Board of Building Commissioners of the City of San Bernardino", relating to abatement of said nuisance, to the person(s} having an interest in said property, and has prepared a declaration of mailing of the notice, a copy of which is on file in these proceedings; and WHEREAS, a hearing was held to receive and consider all relevant evidence, objections or protests on September 6, 1991; and WHEREAS, The Board of Building Commissioners heard the testimony and examined the evidence offered by the parties relative to such alleged public nuisance, NOW, THBREFORE, BB IT RESOLVED BY THE BOARD OF BUILDING COMMISSIONERS OF THB CITY OF SUI BBRNARDINO AS FOLLOWS: ;.. 1 - Attachment "B" _.J _, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BOARD ORDIlR ORDIlR OP ... - ,)ING COMMISSIONERS 0 OP f""'\ BOARD OP BUILDING COMM NO~585 REPORT NO. 3620 . . _ABRS . SECTION 1. Based upon the evidence which was sUbmitted, it is found and determined that the building(s} or premises located at 1098 W. 5th Street , San Bernardino, California, constitute.a pUblic nuisance; SECTION 2. The owner is hereby directed to complete the abatement of the public nuisance by vacating the tenants of the trailer and to obtain all proper building permits for the fence within ten (lO) days. Also the owner shall remove from the property all abandoned/wrecked/dismantled/inoperative autos and auto parts, junk, trash and debris, oil drums and oil spills within thirty (30) days. SECTION 3. In the event the public nuisance is not abated within the prescribed period of time, the city or person(s} authorized by the Building Official, will initiate action to abate the nuisance, and the costs thereof made a lien on the lot or parcel of land upon which the pUblic nuisance exists. Such costs may be added to any existing obligation of the property owner and costs, made a personal sUbject to immediate recovery by commencement of court proceedings against said party. SECTION 4. Any person aggrieved by this order may within fifteen (15) days after SeDtember 6. 1991 , appeal to the Common Council by filing with the City Clerk a written statement of the order appealed from, the specific ground' of appeal and the relief of action sought from Common Council. - 2 - .-..... ,-'-"'--~" -~(:~~~':"'~~-':~ --,--- -0 o ) .. CITY Of ':;":..:.. ~--~.... ='~:.~. ~ :.:-:;:.. :~..-:.~ . , . - San Bernardino ......:...;'~-::;;... --- DEPARTMENT OF PLANNING AND aUILDING SERYICeS AL 80UGHEY.AICP DIRECTOR Mr. Maurice Peters 3295 N. Valencia Ave, San Bernardino, Ca. 92405 November 14, 1991 Re:Inspection of Property Locatee at 1095 W. spruce st. Dear Mr. Peter's, As you know, the City Council's decision of November 4, 1991, in regards to your appeal cor=arn~ng the above referenced property included a requirement that this Department make an inspection and provide you with a list of violations. An inspection of the property was made in your presence on Nov3mber 8, 1991, by myself, senior Building Inspector Joseph Lease. The violations/deficiencies observed included the following: STRUCTURAL DEFECTS 1) The overall structural int~ty of the building is highly suspect as evidenced by a letter dated November 4, 1991, from wildan Associates (see copy attached). Specific areas of concern noted in this letter include: inadequate lateral support for roof trusses, spliced roof rafters and trusses, - beams supporting roof loads which are cracked and split, or whic~ ~xhibit signs of excess~ve deflection, lap joints in beams, deterioration of columns whiCh support beams, - horizontal shear cracks in unreinforced masonry walls, - inadequate attachment of unreinforced masonry walls to the roof system, especially at the stepped parapet wall on the north side, - areas where localized damage to the masonry walls exist. During my inspection of November 8, 1991, the- following areas of localized damage or apparent structural deficiency were also noted. - unstable URM parapet wall at the north side of the structure PRIDE -I ~;;7ESS 300 ~OR~H. O' STReeT, SAN as::>"'lAR:JI'~O. CAL;FO",'4)~ ~2~~3.000' 171.)~a..301'f5057 ---.I,. .... " o o . t-' due to damaged masonry (at northeast corner) and horizontal shear cracking, substandard framing of roof/ceiling assembly of the unpermitted office structure located in the north end of the building, the west wall (center bay area) is bowed outward and has severe horizontal shear cracks at the top of the masonry wall, - unreinforced masonry wall at t.'le south side of the building has been severely damaged, apparently by an auto COllision, - damage to masonry on the incerior face of the south wall adjacent to bay doors, - trusses in t:.e southeast bay area appear to be overstressed and are sagging, - damage to unreinforced masonzy wall at the south side of the building (at office area) due to the unpermitted installation of a door, the trusses at the ~outh end of ':~e building show signs of water damage. In order to clear the above items, you will need to obtain the services of a licensed structural en;ineer to complete a structural analysis of the building. The structural analysis must verify the capability of the existing structural systems to withstand vertical and lateral design loads in accordance with the standards contained in the "Uniform Code for the Abatement of Dangerous Buildings" and SBMC Chapter 15.12, "Earthquake Hazard Reduction in Existing (ORM) Buildings". The structural analysis should address the overall structural integrity of thE' building, as well as the specific items listed above, and should further specify the corrective actions necessary for the rehabilitation/repair of the building. Once the structural analysis and plans for the rehabilitation of the building are completed they s~ou:i be submitted to the Plan Check Division, and once approved, appropriate permits must be obtained prior to commencing work. ELECTRICAL DEFECTS GENERAL: 1) Remove all abandoned electrical wiring and equipment. (SBMC 15.24.050 B) 2) Secure exposed wiring and rep~ir damaged electrical installations as necessary.(SBMC 15.24.050 Band 15.04.020,UAC 104e) 3) Seal unused openings in electrical boxes. (SBMC lS.04.020,NEC 110-12) 4} Replace missing switch and receptacle faceplates. {SBMC 15.04.020, NEC 380-9) .-....0.. "~ o o SPECIFIC: l} Improper wiring of fluorescent light fixture in the storage area at the northwest corner of the building (i.e. conductors protrude from emt conduit; lack of proper fittings). (SBMC 15.04.020, NEC 110-S)* 2} Inadequate attachment of electrical conduits on the wood column adjacent to the unpermitted office and at trusses above - also repair disjointed conduits above. (SBMC 15.04.020, NEC 34S-l2} 3} Inadequate support of electrical conduits, switchbox, and gutter on the west interior wall adjacent to the unpermitted office. (SBMC 15.04.020, NEC 300-11) 4} Repair damaged switch and conduits at the south end of the building. :SBMC 15.04.020, UAC 104 e) 5} Improper installation of type UF nonmetallic sheathed cable under the work bench in the office area. (SBMC 15.04.020,NEC 339)* 6} Improper instal~ation and support of light fixture above work area at the south end of the building (i.e. fixture is supported by chain~ anc is wired with zip cord). (SBMC 15.04.020, NEC 1l0-3b)* MISCELLANEOUS 1) Yards and parkway areas must be landscaped. (SBMC 15.24.050 A.l) 2} Address numbers must be posted. (SBMC 15.l6.020,UFC 10.208) 3) The exterior of the building needs to be painted. (SBMC 15.24.050 A.7) 4) Repair damaged fencing. (SBMC 15.24.050 A.7) 5) Remove debris, salvage items. abandoned vehicles, etc. which are stered on the lot. Outside storage is not permitted in the CG- 1 zone. (SBMC 15.24.050 A.4 and SBMC 19.06.030 1.B.2)' 6) All areas intended for the parking of motor vehicles must be paved. (SBMC 15.24.050 A.5) 7) Replace all broken window glass. (SBMC 15.24.050 A.7) 8} Roofing material is deteriorated. (SBMC 15.24.050 A.7} 9) Exterior siding is missing or damaged (primarily on the east side of the building). Replace and paint as necessary. (SBMC 15.24.050 A.7) .......il. . . o o (. 10) Accumulations of spilled oil or transmission fluid should be removed. 11) Repair damaged and unsightly bay doors. (SBMC 15.24.050 A.7) 12) Plans must be submitted and a permit obtained for the construction of the office area in the north end of the building. (SBMC 15.04.020, UBC 301a)* l3} Inadequate support of water piping at the north end of the building (at east wall}. (SBMC l5.04.020,UPC 3l6) * Designates items which require permits. Note: Automotive repair uses in the CG-1 zone require a Conditional Use Permit. If you should have any questions or require further clarification, feel free to contact this office. sincerely, Joseph Lease Senior Building Inspector Planning & Building Services Dept. City of San Bernardino Ph. 714/ 384-5071 cC:ab,ler,dp peters.lst \ \ -., - l-e!I>~/Y o 0 ~"'Y'- ~ILLDAN ASSOCIATES 0 ~NG;i\jE=,~S &=:"'~i'-l:\;E-;S A), :>rcressionol CcnsUlring Se,n/,ces Since i9c.J November 4, 1991 The City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Attn: Mr, Al Bouthey, Director of Planning Subject: 1095 West Spruce Street San Bernardino, CA Dear Sir: This correspondence is the written follow up report to the inspection conducted by our office at the above referenced address. On November I, 1991, Mr. William 1. Minchin, senior plans examiner for Willdan Associates and members of the San Bernardino City Building and Safety Depanment and the Sheriffs Office conducted an inspection of the above referenced building site. The structure was constructed in approximately 1925. The building materials vary and include unreinforced masonry or brick on the north, south and west walls, and metal panels on the east wall. The roof is framed with wood trusses and rafters with a metal roof covering. There appears to be a number of structural problems associated with this building. The roof trusses have no apparent lateral support and a number of individual elements have splits. Some are lapped and spliced with additional wood members, as 2re some: of the rafters spanning between the trusses. There are individual roof beams at various locations picking up localized loads which are split and obviously det1ecting. Some of these have been lapped and spiked. The columns supponing these beams also appear to be deteriorating. The masonry walls have numerous classical horizonal shear type cracks associated wit/.! unreinforced masonry. These walls and a tall stepped parapet on the north wall do not appear to be tied to the roof. Finally, several of the walls exhibit other localized damage as if struck by a vehicle and, in addition, there are several openings punched in the walls to provide door exits. ~=: -C3?!-:-':'L.-' _,~'jE' ~_ -=: "C~' S;" I 3=:,~~I':'?:;:~:C :':'L.?':;;O' ,;.:. ?2"C2" 7'~ ~2~.2~",' =c.< '7~"\ ;#:~0~ ~~ / -, o :) PLANNING AND BUILDING SERVICES DEPARTMENT INTEROFFICE MEMORANDUM TO: Debra Daniel, Code Enforcement Supervisor FROM: Joseph Lease, Building Inspection Supervisor SUBJECT: Re-inspection of Property Located at 1095 W. Spruce St. DATE: July 1, 1992 COPIES: Al Boughey, Director; Larry Reed, Asst. Director As requested, I have re-inspected the property located at 1095 W. Spruce Street on June 25, 1992. As a result of this inspection, I have determined that ~of the code violations or deficiencies noted in my letter to ~. Peters dated November 14, 1991 (see attached) have been corrected as of this date. If you should require any further assistance, feel free to contact my office. l095spruc. ins ~., . - o o .' November 4, 1991 Page Two In addition to the structural deficiencies noted in the inspection, there are a number of other code violations some of which include wiring and plumbing violations. It is our opinion that the building is structurally unsound and is subject to structural failure in its present condition. Thank you for this opponunity to be of service and please do not hesitate to call on us if we can be of any further assistance. Very truly yours, WILLDAN ASSOCIATES ~ /~::;:~4 / 9~t?~ Ronald L. Espalin, P.E. Division Manager Building Services RLE:sl LIS/BUILDING . -. ~j ~~u p'~ :s Q'2 .o'l5 ~:1! il :: .!l -!l ~ 1: ~ ~'S Il il:= 3 il!.oS rf r ~.S S ~ 2 :'Ii s = ~i~l! a~~il.ll 8 "iil il.g g.ll e E:;; =1S~l!~euii.c "iu Il.o.~ ~c ~ l5= >."0 V,I .s.g 'ii -e~~; ..... ... 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