O572ORDINANCE N O. 5 7 2
AN ORDINANCE AMENDING ARTICLE I "IN GENERAL" OF CHAPTER
15 "NUISANCES" OF THE KENNEDALE CITY CODE BY PROVIDING
DEFINIITIONS, PROVIDING FOR THE ABATEMENT OF NUISANCE
VEHICLES, AND PROVIDING FOR THE ABATEMENT OF OVERGROWN
VEGETATION, RUBBISH AND OTHER UNSANITARY MATTER;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Kennedale Texas is a Home Rule municipality acting under
its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, the City has previously enacted ordinances now codified in Chapter 15
of the Kennedale Code of Ordinances and regulating nuisances within the city limits;
and
WHEREAS, the City Council has determined that it is in the best interest of the
citizens to amend the existing ordinance to regulate nuisance vehicles and overgrown
vegetation, rubbish and other unsanitary matter; and
WHEREAS, the City Council has determined that this amendment to the City Code
of Ordinances will advance the health, safety, and general welfare of the citizens of the
City of Kennedale.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF KENNEDALE, TEXAS:
SECTION 1
Chapter 15, "Nuisances ", Article I, "In General ", of the Kennedale City Code is
hereby amended by revising Sections 15 -3 through 15 -6 and adding new Sections 15 -7
through 15 -20 to read as follows:
"Sec. 15 -3. — Definitions.
The following words, terms and phrases, when used in this article, shall have the
meaning ascribed to them in this section, except where the context clearly indicates a
different meaning:
Antique vehicle means a passenger car or truck that is at least 35 years old.
Brush shall mean scrub vegetation or dense undergrowth.
Carrion shall mean the dead and putrefying flesh of any animal, fowl, or fish.
Costs shall mean the actual cost the city incurs in abating or causing to be
abated a nuisance, including without limitation, the cost of mowing, weeding, removing
objectionable, unsightly, or unsanitary matter, etc.
Cultivated shall mean vegetation that is deliberately grown and currently and
continuously maintained by the owner, occupant, or agent of the property.
Expenses shall mean the total of the administrative fee and costs incurred by the
city in abating or causing to be abated a nuisance.
Filth shall mean any matter in a putrescent state.
Garbage shall mean all decayable waste.
Impure or unwholesome matter shall mean any putrescible or non - putrescible
condition, object, or matter which tends to, may, or could produce injury, death, or
disease to human beings.
Inoperable shall mean, in addition to its ordinary meaning, failing to display a
valid or unexpired license plate and having one or more flat tires.
Junk shall mean all worn out, useless, worthless, discarded, or scrap material,
including, but not limited to, odds and ends, old metal, scrap lumber, building debris or
old building materials, used tires, vehicle parts, and other items no longer used in the
manner in which they were intended, including, but not limited to, upholstered furniture,
working and nonworking appliances, and machinery and parts thereof.
Junked vehicle means a motor vehicle that:
(a) Is self - propelled;
(b) Displays an expired license plate or does not display a license plate; and
(c) Is:
(1) Wrecked, dismantled or partially dismantled, or discarded; or
(2) Inoperable and has remained inoperable for more than:
Seventy -two consecutive hours, if the vehicle is on public
property; or
ii. Thirty consecutive days, if the vehicle is on private property.
Junked vehicle also includes:
(a) An aircraft that does not have lawfully printed on the aircraft an unexpired
federal aircraft identification number registered under Federal Aviation
Administration aircraft registration regulations in 14 C.F.R. Part 47; and
(b) A watercraft that does not have lawfully on board an unexpired certificate
of number and is not a watercraft described by V.T.C.A., Parks and
Wildlife Code § 31.055.
Maintained shall mean watered, pruned, trimmed, treated, and controlled in such
a manner as to enhance the use or enjoyment of one's property, without interfering with
the enjoyment or use of neighboring property or public access.
Motor vehicle collector means a person who:
(a) Owns one or more antique or special interest vehicles; and
(b) Acquires, collects, or disposes of an antique or special interest vehicle or
part of an antique or special interest vehicle for personal use to restore
and preserve an antique or special interest vehicle for historic interest.
Nuisance shall mean anything which is injurious to the health or morals, or
indecent or offensive to the senses, or an obstruction to the free use of property so as to
interfere with the comfortable enjoyment of life or property.
Objectionable, unsightly, or unsanitary matter shall mean any matter, condition,
or object which is or should be objectionable, unsightly, or unsanitary to a person of
ordinary sensitivities.
Owner shall mean a person having title to real property.
Person shall include a firm, association, organization, partnership, trust,
company, or corporation, as well as an individual.
Refuse shall mean a heterogeneous accumulation of worn out, used, broken,
rejected, or worthless materials, including garbage, rubbish, or litter, and other
decayable or non - decayable waste.
Rubbish shall mean both garbage and trash and shall include all animal,
vegetable and inorganic matter subject to discard that is generated from within a
household, residence, or business, such as, but not limited to, coffee grounds, tin cans,
paper bags, boxes, glass, and food articles. It shall also include all animal, vegetable,
and inorganic matter subject to discard that is not typically generated from within a
household, residence, or business, such as, but not limited to, shrubbery, grass
clippings, brush, yard cleaning materials, leaves, tree trimmings, stoves, refrigerators,
iceboxes, clothes washers or dryers, pieces of metal scrap, feathers, furniture, dead
animals, rocks, shingles, building materials, junk, trash, refuse, and other worn -out,
wrecked or dismantled machinery, tractors, automobiles, household appliances, and
other similar wastes.
Special interest vehicle means a motor vehicle of any age that has not been
changed from original manufacturer's specifications and, because of its historic interest,
is being preserved by a hobbyist.
Trash shall mean all non - decayable waste.
Undeveloped property shall mean tracts of land or lots, upon which no structure
exists.
Vegetation shall mean any grass, weeds, shrubs, trees, brush, bushes, or vines.
Weeds shall mean vegetation that because of its height is objectionable,
unsightly or unsanitary, but excluding cultivated crops, shrubs, bushes, trees, flowers,
and vines."
Sec. 15-4. — Blowing dust from unpaved driveway.
Blowing dust from an unpaved driveway is a nuisance. No person shall suffer or
permit such a nuisance to exist on any property under his care, custody or control.
Sec. 15 -5. — Junkyards, wrecking yards, etc.
Any place used or maintained as a junkyard or dumping ground, or for the
wrecking or disassembling of automobiles, trucks tractors or machinery of any kind, or
for the storing or leaving of worn out, wrecked or abandoned automobiles, trucks,
tractors or machinery of any kind, or of any of the parts thereof, or for the maintenance
or operation of such place for the accumulation of rubbish of any description, is hereby
declared to be a nuisance. No person shall create or maintain such a nuisance.
Sec. 15 -6. — Junked vehicles declared a nuisance.
A junked vehicle, including part of a junked vehicle that is visible at any time of
the year from a public place or right -of -way:
(1) Is detrimental to the safety and welfare of the public;
(2) Tends to reduce the value of private property;
(3) Invites vandalism;
(4) Creates a fire hazard;
(5) Is an attractive nuisance creating a hazard to the health and safety of
minors;
(6) Produces urban blight adverse to the maintenance and continuing
development of municipalities; and
(7) Is a public nuisance.
Sec. 15 -7. — Penalty.
It shall be unlawful for any person to allow a junked vehicle to be placed or
maintained on any private or public property within the city. A violation of this provision
shall be punishable by a fine not to exceed two hundred dollars ($200.00) each day that
a violation exists.
Sec. 15 -8. — Abatement and removal of junked vehicles; procedures.
(a) General. The city, acting through the city manager or his designated
representative, shall have the right at all times to abate and remove junked
vehicles, or a part of a junked vehicle, and such abatement and removal shall be
accomplished according to the requirements set forth in this section.
(b) Notice.
(1) Prior to any official action being taken to abate and remove a junked
vehicle constituting a public nuisance from private property, public
property or public right -of -way, not less than ten (10) days' notice shall be
given, except as hereinafter provided, to the following parties;
a. The last known registered owner of the junked vehicle as shown on
the certificate of title;
b. Any lienholder of record; and
C. The owner or occupant of the property upon which the junked
vehicle is located or the owner or occupant of the premises
adjacent to the public right -of -way on which the junked vehicle is
located.
(2) The notice shall be either personally delivered, mailed by certified mail
with a five -day return requested, or delivered by the United States Postal
Service with signature confirmation service. A copy of the notice shall
also be affixed to the front windshield of the vehicle. The notice shall state
the following:
a. The nature of the public nuisance;
b. That it must be removed and abated not later than the tenth day
after the date on which the notice was mailed or personally
delivered;
C. The addressee is entitled to a public hearing if requested in writing
prior to the expiration of the ten -day period, and that the public
hearing, if requested, must be held prior to the removal of the
vehicle or vehicle part by the city;
d. That the person entitled to notice shall be entitled to speak at the
public hearing, either by making a request prior to the time of the
hearing or by making a request at the time of the hearing;
e. In the event that no request for hearing is received before the
expiration of the ten (10) day period, or the persons entitled to
notice fail to attend a requested hearing, it shall be conclusively
presumed the vehicle is a junked vehicle as defined under state law
and this article; and
f. That failure to abate the nuisance, failure to request a public
hearing, or failure to attend a public hearing that has been
requested constitutes a waiver by the owner and lienholders of all
right, title and interest in the vehicle and their consent to disposal of
the junked vehicle under the terms of this article.
(3) If the post office address of the last known registered owner of the junked
vehicle is unknown, notice may be placed on the junked vehicle, or, if the
owner is located, hand delivered.
(4) If any notice is returned undelivered by the United States Post Office,
official action to abate the nuisance shall be continued to a date not less
than eleven (11) days after the date of return of the notice.
(c) Hearing.
(1) A request for a public hearing shall be in writing and shall be addressed to
the municipal court clerk of the city. A public hearing, when requested,
shall be held before the judge of the municipal court not earlier than the
eleventh (11th) day after the date on which the notice was delivered or
mailed. At the public hearing, the municipal judge shall hear and consider
all relevant evidence, objections and protests, and shall receive testimony
from the owner, witnesses, city personnel and interested persons relative
to the alleged public nuisance. The hearing may be continued from time
to time.
(2) At the hearing the junked motor vehicle is presumed, unless demonstrated
otherwise by the owner, to be inoperable.
(3) Following the public hearing, the municipal judge shall consider all
evidence to determine whether the vehicle or any part thereof constitutes
a public nuisance as alleged. If the municipal judge finds that the junked
vehicle constitutes a public nuisance and there is sufficient cause to abate
the nuisance, and if the notice requirements provided in this article have
been met, the municipal judge shall make a written order setting forth his
findings and ordering that the junked vehicle be abated.
(4) The order shall include a description of the motor vehicle and a correct
vehicle identification number and license plate number if such information
is available at the site of the vehicle. For an aircraft, the order shall
include the aircraft's description and federal aircraft identification number
as described by Federal Aviation Administration aircraft registration
regulations in 14 C.F.R. Part 47. For a watercraft, the order shall include
the watercraft's description and identification number as set forth in the
watercraft's certificate of number.
(d) Relocation of junked vehicle. The relocation of a junked vehicle that is a public
nuisance to another location within the city limits after a proceeding for the
abatement or removal of the public nuisance has commenced has no effect on
the proceeding if the junked vehicle constitutes a public nuisance at the new
location.
(e) Abatement of nuisance. In the event the municipal judge orders abatement of
the junked vehicle, any duly authorized person may remove and dispose of the
junked vehicle.
(f) Junked vehicles not to be made operable after removal. After any junked vehicle
has been removed under the authority of this article, it shall not be reconstructed
or made operable again.
(g) Notice to department of transportation. No later than the fifth day after the date
of removal of a junked vehicle pursuant to this article, notice shall be given to the
Texas Department of Transportation. Such notice shall identify the vehicle.
(h) Disposal of junked vehicle. Any junked vehicles or a part of a junked vehicle
taken into custody by the city or any duly authorized person pursuant to a
provision of this article shall be removed to a scrapyard, a motor vehicle
demolisher, or a suitable site operated by a municipality or county as authorized
by Chapter 683, subchapter E of the Texas Transportation Code.
(i) Enforcement. The municipal court of the city shall have authority to issue all
orders necessary to enforce the provisions of.this article.
Sec. 15 -9. - Right of entry for abatement of junked vehicle.
Any person authorized by the city to administer the provisions of this article may
enter upon private property for the purposes described in this article to examine
vehicles or parts thereof believed to be a public nuisance, to obtain information to
identify the vehicle believed to be a nuisance, and to remove or direct the removal of the
vehicle if found to be a nuisance.
Sec. 15 -10. - Traffic obstruction; removal.
Nothing in this article shall affect statutes that permit immediate removal of a
vehicle left on public property which constitutes an obstruction to traffic.
Sec. 15 -11. - Exemptions from junked vehicle abatement.
The provisions of this article pertaining to the abatement and removal of junked
vehicles shall not apply to a vehicle or vehicle part:
(1) That is completely enclosed within a building in a lawful manner consistent
with all applicable zoning laws, ordinances and regulations, and is not
visible from the street or other public or private property; or
(2) That is stored or parked in a lawful manner on private property in
connection with the business of a licensed vehicle dealer or junk yard or
that is an antique or special interest vehicle stored by a motor vehicle
collector on the collector's property, if the vehicle or part and the outdoor
storage area, if any, are:
a. Maintained in an orderly manner;
b. Not a health hazard; and
C. Screened from ordinary public view by appropriate means,
including a fence, rapidly growing trees, or shrubbery.
Sec. 15 -12. - Armed forces personnel exemption from junked vehicle abatement.
The provisions of this article pertaining to the abatement and removal of a junked
vehicle as a public nuisance shall not apply to a motor vehicle, the title of which stands
in the name of an individual who is currently on active duty with the armed forces of the
United States of America and stationed outside the continental limits of the United
States of America, so long as the owner of the motor vehicle maintains the status as
above described. However, when such owner has returned to the continental limits of
the United States of America for a period of no less than two weeks, then the provisions
of this article pertaining to the removal and abatement of a junked vehicle shall from that
date forward apply.
Secs. 15 -13 — 5 -14. – Reserved.
Sec. 15 -15. – Overgrown vegetation, rubbish, and other unsanitary matter
declared nuisance.
All grass, weeds, vegetation, or brush not regularly cultivated and which exceed
twelve (12) inches in height as prohibited herein, and all rubbish and other unsanitary
matter shall be presumed to be objectionable, unsightly, and unsanitary, and are hereby
declared a public nuisance.
Sec. 15 -16. – Unlawful accumulations of overgrown vegetation, rubbish or
unsanitary matter.
It shall be unlawful for any person owning, leasing, claiming, occupying, or
having supervision or control of any real property, occupied or unoccupied, improved or
unimproved, developed or undeveloped, within the corporate limits of the city, to suffer,
permit, or allow:
(1) Uncultivated grass, weeds, or brush to grow to a height greater than
twelve inches on average upon such premises or to grow in rank profusion
upon such premises, including along the sidewalk or street adjacent to the
premises between the property line and the curb or, if there is no curb,
between the property line and the driving surface; or
(2) Refuse, rubbish, junk, litter, trash, debris (vegetation, building or other),
garbage, discarded items, carrion, filth, animal or human feces, or any
other unsightly or unsanitary matter to accumulate or remain upon said
premises or to grow in rank profusion upon such premises, including along
the sidewalk or street adjacent to the premises between the property line
and the curb or, if there is no curb, between the property line and the
driving surface.
Sec. 15 -17. Duty to comply with ordinance.
(a) Removal of matter. It shall be the duty of any person owning, leasing, claiming,
occupying, or having supervision or control of any real property, occupied or
unoccupied, improved or unimproved, developed or undeveloped, within the
corporate limits of the city, to cut, or cause to be cut, grass, weeds and brush and
to remove, or cause to be removed, rubbish and other objectionable, unsightly or
unsanitary matter as often as necessary to comply with the requirements of this
article, and to otherwise maintain that property in full compliance with this article.
(b) Violations. Any person who violates this section shall be punished by a fine not
to exceed two thousand dollars ($2,000.00) for each offense. Each day that a
violation exists shall constitute a separate offense.
Sec. 15 -18. — Notice of violation prior to abatement by city.
(a) Notice required. Except as provided by section 15 -20 of this article, if the owner
of land fails to comply with the requirements of sections 15 -16 and 15 -17, a city
official may cause the property owner to be notified to cut the grass, weeds, or
brush or to remove the rubbish, brush, or other unsanitary or unsightly matter
within ten days of the date of the notice.
(b) Where notice given. The notice must be given:
(1) Personally to the owner in writing;
(2) By letter addressed to the owner at the owner's post office address; or
(3) If personal service cannot be obtained or the owner's post office address
is unknown:
a. By publication in the city's official newspaper at least twice within
ten days;
b. By posting the notice on or near the front door of each building on
the property to which the violation relates; or
C. If the property contains no buildings, by posting the notice on a
placard attached to a stake driven into the ground on the property
to which the violation relates.
(c) Consequence of failure to abate nuisance. If the owner does not cut the weeds,
grass, or plants, or remove the rubbish within ten days of the notice, the city may
go on such property or authorize another to go on such property, and do or
cause the work to be done and charge the expenses incurred to the owner of the
property and assess the expenses against the real estate on which the work is
done. The remedy provided in this section is in addition to any criminal penalties
or other remedies authorized by this article or other law.
(d) Additional notice and authority to abate. Although it is not required, if the notice is
given by certified mail, return receipt requested, then the city may:
(1) Inform the owner in the notice that if the owner commits another violation
of the same kind (failure to mow weeds) on or before one year from the
date of the notice, the city without further notice may correct the violation
and assess the expenses against the property; and
(2) If a violation occurs within the one -year period and the city has not been
informed in writing by the owner of an ownership change, then the city,
without notice, may take corrective action and assess the expenses
against the owner and the property.
(e) Contents of notice. The notice shall contain:
(1) The name and address of the record owner;
(2) An identification, which is not required to be a legal description, of the
property upon which the violation is located;
(3) A statement describing the violation and the work necessary to correct the
violation;
(4) A statement advising the owner that if the work is not completed within ten
days, the city will complete the work and charge the expenses to the
owner;
(5) A statement that if the city performs the work and the owner fails to pay
the expenses, a priority lien may be placed on the property;
(6) A statement that the city may, at any time, file a criminal misdemeanor
complaint in municipal court with a maximum fine of $2,000.00 for each
day the violation exists, in addition to or in lieu of any other remedy
provided by law.
(f) Notice filed with county clerk. If notice is provided to the owner as permitted by
subsection (d) of this section, the city manager or his designee shall cause a
copy of the entire notice to be filed with the county clerk.
Sec. 15 -19. — Assessment of expenses; lien; appeal.
(a) Contents of notice. In assessing the expenses incurred pursuant to subsection
15 -18(c) against the property on which the work is done or improvements made,
the city shall send the owner of the property upon which the work was done a
notice which shall include:
(1) Identification of the property;
(2) Description of the violation;
(3) A statement that the city abated the condition;
(4) A statement of the city's expenses in abating the condition;
(5) An explanation of the property owner's right to request a hearing within ten
days of the date of the letter; and
(6) A statement that if the owner fails or refuses to pay the expenses within 30
days of the date of the notice, the mayor or his designee shall place a lien
against the property by filing with the county clerk a notice of lien and
statement of expenses incurred.
(b) Where notice given. The notice shall be sent in the same manner as provided in
subsection 15- 18(b).
(c) Hearing. The city manager will conduct a hearing if the property owner submits a
written request within ten days of the date of the notice. The hearing shall be held
within 30 days of the receipt of a request for a hearing. At the hearing:
(1) The owner and the city may testify or present witnesses or written
information related to the city's abatement of the nuisance.
(2) The city has the burden to show that a violation of this article existed,
notice was given in substantial compliance with this article, and expenses
incurred to abate the violation were reasonable.
(3) At the close of the hearing, the city manager or his designee may approve
the expenses, deny the expenses, or adjust the amount of the expenses
and approve them as adjusted.
(d) Lien on property. If no hearing is requested, or a hearing is held and the
expenses are determined to be valid or are otherwise appropriately adjusted, and
the owner fails or refuses to pay the expenses within 30 days after written
notification to pay, the mayor or his designee shall place a lien against the
property by filing with the county clerk a notice of lien and statement of expenses
incurred.
(e) Security provided by lien. The lien is security for the expenses and interest
accruing at the rate of ten percent per annum from the date the work was
performed or the expenses were incurred by the city.
(f) Privileged lien. When the statement is filed, the city shall have a privileged lien on
that property, second only to tax liens and liens for street improvements.
(g) Suit or foreclosure to recover expenses. The city may institute suit to recover the
expenses, with interest, and may foreclose on the property. The original or a
certified copy of the statement of expenses is prima facie proof of the expenses
incurred by the city in doing the work or making the improvements.
Sec. 15 -20. – Additional authority'to abate dangerous weeds without prior notice.
(a) Authority to abate dangerous weeds. The city may abate, without prior notice,
weeds that:
(1) have grown higher than 48 inches, and
(2) are an immediate danger to the health, life, or safety of any person.
(b) Notice of abatement. Not later than the tenth day after the date the city abates
weeds under this section, the city shall give notice to the property owner in the
same manner provided in subsection 15- 18(b). The notice shall contain the items
specified in subsection 15- 19(a).
(c) Hearing. The city manager or his designee shall conduct an administrative
hearing under this section if, not later than the 30th day after the date of the
abatement of the weeds, the property owner files with the city a written request
for a hearing. The hearing shall be conducted by the city manager or his
designee not later than the 20th day after the date a request for hearing is filed.
At the hearing:
(1) The owner and the city may testify or present witnesses or written
information related to the city's abatement of the nuisance.
(2) The city has the burden to show that a violation of this section existed,
notice was given in substantial compliance with this section, and expenses
incurred to abate the violation were reasonable.
(3) The city manager or his designee may approve the expenses, deny the
expenses, or adjust the amount of the expenses and approve them as
adjusted.
Secs. 15 -21 — 15 -45. – Reserved."
SECTION 2
This ordinance shall be cumulative of all provisions of ordinances and the Code
of the City of Kennedale except where the provisions of this ordinance are in direct
conflict with the provisions of other ordinances or the Code in which event the conflicting
provisions of the other ordinances or Code are hereby repealed.
SECTION 3
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 a
phrase, clause, sentence, paragraph, or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of a court of competent jurisdiction,
such unconstitutionality shall not affect 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 the unconstitutional
phrase clause sentence paragraph or section.
SECTION 4
All rights and remedies of the City of Kennedale are expressly saved as to any
and all violations of the provisions of Sections 15 -3 through 15 -6 of the Code of
Ordinances of the City of Kennedale Texas or any other ordinances regulating
nuisances 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 final disposition by the courts.
SECTION 5
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 for each offense as provided in Section 1 -6 of the City Code.
Each day that a violation is permitted to exist shall constitute a separate offense.
SECTION 6
The City Secretary of the City of Kennedale is hereby directed to publish in the
official newspaper of the City of Kennedale the caption, penalty clause, publication
clause and effective date clause of this ordinance two (2) days as authorized by Section
52.013 of the Local Government Code.
SECTION 7
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 18 DAY OF MAY 2015.
APPROVED:
ATTEST:
Leslie Galloway, City Secretary
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
City Attorney
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