Copyrighted by SPRINGDALE CODE & Municipal Code Corporation, 1998.
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ARTICLE II. ------------
Cross reference(s)--Businesses, ch. 26; environment, ch. 42; fire prevention and protection, ch. 46; health and sanitation, ch. 54; planning, ch. 90; solid waste, ch. 102; stormwater drainage, ch. 106; utilities, ch. 118.
State law reference(s)--Special permit to move, A.C.A. § 27-35-304; exceptions from permits, A.C.A. § 27-35-302; excepted from authority of Arkansas Manufactured Home Commission, A.C.A. § 20-25-103.
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DIVISION 1. Sec. 66-26. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Board of adjustment means that board of adjustment established by the zoning ordinance.
City planning commission means that commission created for the city by the provisions of chapter 90.
Dependent mobile home means a mobile home which does not have a flush toilet and a bath or shower.
Enforcement officer means the chief city inspector.
Independent mobile home means a mobile home which has a flush toilet and a bath or shower.
Mobile home means any vehicle, or similar portable structure designed for use as a conveyance upon highways, having no foundation other than wheels of removable jacks and so designed or constructed as to permit occupancy for dwelling or sleeping purposes.
Mobile home park means a plot of ground consisting of no less than two acres upon which two or more mobile homes, occupied for dwelling or sleeping purposes, are located.
Mobile home space means a plot of ground within a mobile home park, designated for the accommodation of one mobile home.
Permit means a written permit issued by the enforcement officer permitting the mobile home park to operate under this article and regulations promulgated hereunder.
Service building means a building housing toilet and bathing facilities for men and women with laundry facilities and such other facilities as may be required by this article.
(Code 1973, § 20-1)
Cross reference(s)--Definitions generally, § 1-2.
Sec. 66-27. Adoption of regulations by planning commission.
The planning commission is hereby authorized to make and, after public hearing, to adopt such written regulations as may be necessary for the proper enforcement of the provisions of this article. Such regulations shall have the same force and effect as the provisions of this article. No permits required pursuant to this article shall be issued without the approval of the planning commission as set forth in section 66-66. The standards set forth in this article shall be minimum and shall not be reduced by the planning commission. The planning commission may require other additional conditions for the granting of any permit or renewal where necessary to protect adjacent property owners or the health, safety and welfare of park occupants.
(Code 1973, § 20-7)
Sec. 66-28. Inspection by enforcement officer.
(a) The enforcement officer is hereby authorized and directed to make inspections to determine the condition of mobile home parks located within the city in order that he may perform his duty of safeguarding the health and safety of occupants of mobile home parks and of the general public.
(b) The enforcement officer shall have the power to enter at reasonable times upon any private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of this article or of regulations promulgated hereunder.
(c) The enforcement officer shall have the power to inspect the register containing a record of all mobile homes and occupants using the mobile home park.
(d) It shall be the duty of the owners or occupants of mobile home parks, and mobile homes contained therein, or of the person in charge thereof, to give the enforcement officer free access to such premises at reasonable times for the purpose of inspection.
(e) It shall be the duty of every occupant of a mobile home park to give the owner thereof or his agent or employee access rights to any part of such mobile home park or its premises at reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with this article, or with any lawful regulations adopted hereunder, or with any lawful order issued pursuant to the provisions of this article.
(f) The enforcement officer shall immediately take or institute appropriate action to correct violations of this article and enforce the provisions hereof.
(Code 1973, § 20-5)
Sec. 66-29. Notices; hearings; orders.
(a) Whenever the enforcement officer determines that there are reasonable grounds to believe that there has been a violation of any provisions of this article, or of any regulation adopted pursuant hereto, he shall give notice of such alleged violation to the owner of the park and to the person to whom the operator's permit was issued, as hereinafter provided. Such notice shall:
(1) Be in writing.
(2) Include a statement of the reasons for its issuance.
(3) Allow a reasonable time for the performance of any act it requires.
(4) Be served upon the owner and the operator. Such notice or order shall be deemed to have been properly served upon such owner or operator when a copy thereof has been sent by registered mail to their last known addresses; or when they have been served with such notice by any other method authorized or required by the laws of the state.
(5) Contain an outline of remedial action, which, if taken, will effect compliance with the provisions of this article and with regulations adopted pursuant hereto.
(b) Any person affected by any notice which has been issued in connection with the enforcement of any provision of this article, or of any regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the planning commission, provided that such person shall file in the office of the secretary of the planning commission a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within ten days after the notice was served. The filing of the request for a hearing shall operate as a stay of the notice and of the suspension except in the case of an order issued under subsection (e) of this section. Upon receipt of such petition, the chairman of the planning commission shall set a time and place for such hearing, and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard, and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than ten days after the day on which the petition was filed; provided, that upon application of the petitioner, the chairman of the planning commission may postpone the date of the hearing for a reasonable time beyond such ten-day period when in his judgment the petitioner has submitted good and sufficient reasons for the postponement.
(c) After such hearing, the planning commission shall make findings as to compliance with the provisions of this article and regulations issued hereunder and shall issue an order in writing sustaining, modifying or withdrawing the notice which shall be served as provided in subsection (a)(4) of this section. Upon a failure to comply with any order sustaining or modifying a notice, the applicable permit pertaining to the mobile home park affected by the order may be suspended or revoked by order of the planning commission.
(d) The proceedings at such a hearing, including the findings and decisions of the planning commission together with a copy of every notice and order related thereto shall be entered as a matter of public record in the office of the city clerk, but the transcript of the proceedings need not be transcribed unless judicial review of the decision is sought as provided by this section. Any person aggrieved by the decision of the planning commission may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the state.
(e) Whenever the enforcement officer finds that an emergency exists which requires immediate action to protect the public health, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he may deem necessary to meet the emergency including the suspension of the permit. Notwithstanding any other provisions of this article, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but upon petition to the planning commission shall be afforded a hearing as soon as practicable. The provisions of subsections (c) and (d) of this section shall be applicable to such hearing and the order issued thereafter.
(Code 1973, § 20-6)
Sec. 66-30. Penalty.
Any person who violates any provision of this article, or any provision of any regulation adopted by the planning commission pursuant to authority granted by this article, shall upon conviction be punished as provided by section 1-9.
(Code 1973, § 20-20)
Secs. 66-31--66-40. Reserved.
DIVISION 2. Subdivision I. Sec. 66-41. Supervision.
The person to whom an operator's permit for a mobile home park is issued shall at all times operate the park in compliance with this article and the regulations issued hereunder, and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition at all times.
(Code 1973, § 20-19)
Sec. 66-42. Registration of occupants; reporting of communicable diseases.
(a) Every mobile home park operator shall maintain a register containing a record of all mobile homes and occupants using the mobile home park. Such register shall be available to any authorized person inspecting the park, and shall be preserved for a period of three years. Such register shall contain:
(1) The names and addresses of all mobile home occupants stopping in the park.
(2) The make, model and license number of the motor vehicle and mobile home.
(3) The state, territory or county issuing the mobile home license.
(4) The dates of arrival and departure of each mobile home.
(5) Whether or not each mobile home is a dependent or independent mobile home.
(6) Verification that each mobile home owner was notified of the smoke detector requirements in section 46-57, was inspected upon entry into the park, and between tenants if a rental unit, and that each unit contained properly installed, functioning smoke detectors at the time of inspection.
(7) Verification that each mobile home meets the setback requirements provided by section 66-43.
(8) Verification that all records in such register have not been falsified.
In the event of a transfer of operating rights and control, such register must be delivered to and retained for the period by the successor operator.
(b) The operator shall notify the local enforcement officer immediately of any suspected communicable or contagious disease within a mobile home park. In the case of disease diagnosed by a physician as quarantinable, the departure of a mobile home or its occupants, or the removal therefrom of clothing or other articles which have been exposed to infection, without approval of the enforcement officer is prohibited.
(Code 1973, § 20-18)
Sec. 66-43. Location; space; general layout.
(a) The mobile home park shall be located on a well-drained site, and shall be so located that its drainage will not endanger any water supply. All such mobile home parks shall be in areas free from marshes, swamps or other potential breeding places for insects or rodents.
(b) The area of the mobile home park shall be large enough to accommodate the following; provided, however, that no mobile home park shall be less than two square acres in area:
(1) The designated number of mobile home spaces.
(2) Necessary streets and roadways.
(3) Parking areas for motor vehicles.
(4) Sufficient designated public use areas to provide a reasonable playground and park area for the inhabitants of the park to be no smaller than an area equal to 300 square feet for each and every mobile home lot in such park, properly planted in lawn and maintained.
(c) Each independent mobile home space shall contain a minimum of 3,000 square feet, and shall be at least 40 feet wide. Each dependent mobile home space shall contain not less than 1,000 square feet and shall be at least 25 feet wide.
(d) Every mobile home space shall abut on a driveway or other clear area with unobstructed access to a public street. Such spaces shall be defined. Mobile homes shall be parked in such spaces so that there will be a minimum of 15 feet between mobile homes (measured from exterior wall of original mobile home or exterior wall of any addition, garage, covered porch or deck if one is attached thereto), and so that no mobile home will be less than ten feet from the exterior boundary of the mobile home park.
(e) It shall be unlawful to locate a mobile home within a mobile home park less than 50 feet from any public street or highway, or so that any part of such mobile home will obstruct any roadway or walkway in a mobile home park.
(f) It shall be unlawful to allow:
(1) Any mobile home to be occupied in a mobile home park unless the mobile home is situated on a mobile home space.
(2) An independent mobile home to be located on a dependent mobile home space.
(3) Dependent and independent mobile homes in the same park unless proper service buildings are available for dependent mobile homes.
(g) Access roads shall be provided to each mobile home space. Each access road shall provide for continuous forward movement, shall connect with a street or highway, and shall have a minimum width of 25 feet. All streets shall comply with the specifications required in new subdivisions in the city; parking shall be allowed on only one side of such streets, such parking to be designated by appropriate signs posted on such streets. Streets shall be bounded by integral concrete or asphalt curbs.
(h) Off-street parking areas shall be provided for the parking of motor vehicles. Such areas shall accommodate at least a number of vehicles equal to the number of mobile home spaces provided and shall be of hard surface construction.
(i) Outside drying spaces, or other clothes-drying facilities shall be provided. When central outdoor clothes-drying space is provided, a minimum of 2500 square feet per 100 mobile home spaces shall be furnished. Outdoor clothes-drying facilities may be installed on the individual mobile home space as a part of the basic facilities.
(j) A clearly lighted, adequately advertised public telephone shall be installed and constantly maintained in each mobile home park at a point as near the center of the park as practicable. Such telephone may require the use of a coin, on the same basis as other public telephones, in order to operate same; however, the telephone must be so situated that it will be immediately available to any occupant of the mobile home park at any hour of the night or day and under any weather conditions. The telephone numbers of the police and fire departments of the city must be printed clearly and in legible letters in such a position as to make them instantly and conveniently visible to any person operating the telephone.
(Code 1973, § 20-8)
State law reference(s)--Nonconforming uses, exceptions to zoning, A.C.A. § 14-56-305.
Sec. 66-44. Service buildings.
(a) Every mobile home park that accommodates dependent mobile homes shall be provided with at least one service building adequately equipped with flush-type toilet fixtures of a type approved by the state board of health, and other sanitary facilities as required in this article. No service building shall contain less than one toilet for females, one toilet for males, one lavatory and shower.
(b) All sanitary facilities required to be provided by this section shall be located in a service building.
(c) Every mobile home park that accommodates dependent mobile homes shall provide not less than the following facilities:
(1) For not more than ten dependent mobile homes: two water closets, one lavatory and one shower for females; one water closet, one urinal, one lavatory and one shower for males.
(2) For more than ten dependent mobile homes, the following additional fixtures shall be provided: one lavatory and one shower for each sex for every additional ten dependent mobile homes or fraction thereof; one water closet for females for every additional ten dependent mobile homes or fraction thereof; one water closet for males for every additional 15 dependent mobile homes or fraction thereof; provided, that urinals may be substituted for not more than one-third of the additional water closets required under this subsection.
(d) Dependent mobile home spaces shall not be more than 200 feet from a service building.
(e) Toilet and bathing facilities for female persons must be in a separate room from the room housing such facilities for male persons.
(f) Service buildings shall:
(1) Be located 15 feet or more from any mobile home space and where dependent mobile homes are accommodated not more than 200 feet from a dependent mobile home space.
(2) Be of permanent construction and be adequately lighted at all times.
(3) Be of moisture-resistant material, to permit frequent washing and cleaning.
(4) Have adequate heating facilities to maintain a temperature of 70 degrees Fahrenheit during cold weather, and to supply adequate hot water during time of peak loads.
(5) Have all rooms well ventilated, with all openings effectively screened.
(6) Provide separate compartments with adequate locking devices for each shower and water closet and a sound-resistant wall to separate male and female toilet facilities.
(g) If provided, laundry facilities shall be provided in the ratio of one laundry unit to every 30 mobile home spaces and shall be in a separate soundproof room of a service building or in a separate building.
(Code 1973, § 20-9)
Sec. 66-45. Water supply.
(a) An accessible, adequate, safe and potable water supply shall be provided for each mobile home park, capable of furnishing a minimum of three-quarters-inch water connection to each mobile home space. Where a public supply of water is available, connection shall be made thereto and its supply shall be used exclusively.
(b) The water system of the mobile home park shall be connected by pipes to all buildings and all mobile home spaces.
(c) All water piping shall be constructed and maintained in accordance with state and local law; the water piping system shall not be connected with nonpotable or questionable water supplies and shall be protected against the hazards of backflow or back-siphonage.
(d) Where drinking fountains are provided for public use, they shall be of a type approved by the state board of health and in locations approved by the enforcement officer.
(e) Individual water service connections which are provided for direct use by mobile homes shall be so constructed that they will not be damaged by the parking of such mobile homes.
(f) Underground stop and waste cocks shall not be installed on any connection.
(Code 1973, § 20-10)
Sec. 66-46. Sewage disposal.
(a) All plumbing in the mobile home park shall comply with state and local plumbing laws and regulations.
(b) Each independent mobile home space shall be provided with at least a three-inch sewer connection. The sewer connection shall be provided with suitable fittings, so that a watertight connection can be made between the mobile home drain and the sewer connection. Such individual mobile home connections shall be so constructed that they can be closed when not linked to a mobile home and shall be capped so as to prevent any escape of odors.
(c) Sewer lines shall be constructed in accordance with plans approved in writing by the superintendent of the municipal water department or his authorized agent. All sewer lines shall be adequately vented, and shall be laid with sufficient earth cover to prevent breakage from traffic.
(Code 1973, § 20-11)
Sec. 66-47. Refuse disposal.
(a) The storage, collection and disposal of refuse in the mobile home park shall be so managed as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards or air pollution.
(b) All refuse shall be stored in flytight, watertight, rodentproof containers, which shall be located not more than 150 feet from any mobile home space. Containers shall be provided in sufficient number and capacity to properly store all refuse.
(c) Racks or holders shall be provided for all refuse containers. Such container racks or holders shall be so designed as to prevent containers from being tipped, to minimize spillage and container deterioration, and to facilitate cleaning around them.
(d) All refuse shall be collected at least once weekly. Where suitable collection service is not available from municipal or private agencies, the mobile home park operator shall provide this service. All refuse shall be collected and transported in covered vehicles or covered containers.
(Code 1973, § 20-12)
Sec. 66-48. Insect and rodent control.
(a) Insect and rodent control measures to safeguard public health as required by the enforcement officer shall be applied in the mobile home park.
(b) Effective larvicidal solutions may be required by the enforcement officer for fly or mosquito breeding areas which cannot be controlled by other, more permanent measures.
(c) The enforcement officer may require the mobile home park operator to take suitable measures to control other insects and obnoxious weeds.
(d) Accumulations of debris which may provide harborage for rodents shall not be permitted in the mobile home park.
(e) When rats or other objectionable rodents are known to be in a mobile home park, the operator of such park shall take definite action, as directed by the enforcement officer, to exterminate them.
(Code 1973, § 20-13)
Sec. 66-49. Electricity; exterior lighting.
(a) An electrical outlet supplying at least 115 volts shall be provided for each mobile home space. The installation shall comply with all applicable state and local electrical codes and ordinances. Such electrical outlets shall be grounded and weatherproof. No main power supply lines shall be permitted to lie on the ground, or to be suspended less than 18 feet above the ground.
(b) Public streets, driveways and walkways shall be lighted at night with a minimum illumination of at least 0.6 footcandle.
(Code 1973, § 20-14)
Sec. 66-50. Fuel.
All piping from outside fuel storage tanks or cylinders to mobile homes shall be rigid iron pipe or AGA or UL labeled flexible tubing, permanently installed, and securely fastened in place, in such a manner as to exclude it from the possibility of damage by physical contact. All fuel storage tanks or cylinders shall be securely fastened in place and shall not be located inside or beneath the mobile home or less than five feet from any mobile home exit, and shall be located and secured in such a manner as to not be susceptible to damage by physical contact.
(Code 1973, § 20-15)
Sec. 66-51. Fire protection.
(a) The mobile home park area shall be subject to the rules and regulations of the fire prevention authority of the city, specifically including the water and sewer department.
(b) Mobile home park areas shall be kept free of litter, rubbish and other flammable materials.
(c) Portable fire extinguishers of a type approved by the fire prevention authority shall be kept in service buildings and at all other locations designated by the fire prevention authority, and shall be maintained in good operating condition.
(d) All mobile homes located in mobile home parks shall be equipped with functioning, approved, listed smoke detectors in accordance with manufacturer's recommendations and listing:
(1) A smoke detector shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to each group of rooms used for sleeping purposes, and installation thereof shall comply in all particulars with the Standard Building Code.
(2) Every mobile home park operator shall be responsible for inspecting each rental mobile home in that park between tenants for the existence of a functional smoke detector, and for causing same to be installed if not in existence when inspected. The park operator shall keep written records of each inspection of rental units containing the dates of inspection of each rental unit in that park, and the number of adequate smoke detectors present at inspection. As any mobile home enters that park, it shall be inspected for adequate smoke detectors and added to such written records.
(3) After complying with the above provisions, neither the mobile home park owner or operator shall be held liable or negligent if a smoke detector fails to function upon the occurrence of a fire in a mobile home in that park.
(Code 1973, § 20-16)
Sec. 66-52. Alterations and additions; restrictions of animals and pets.
(a) All plumbing and electrical alterations or repairs in the mobile home park shall be made in accordance with applicable local regulations.
(b) Skirting of mobile homes is required, but areas enclosed by such skirting shall be maintained so as not to provide a harborage for rodents, or create a fire hazard. Skirting shall be of standard manufactured opaque skirting material or material of equal quality and appearance.
(c) No permanent additions shall be built onto or become a part of any mobile home unless they are in accordance with building and construction permits issued by the enforcement officer.
(d) No owner or person in charge of a dog, cat or other pet animal shall permit it to run at large, or to commit any nuisance within the limits of any mobile home park.
(Code 1973, § 20-17)
Secs. 66-53--66-65. Reserved.
Subdivision II. Sec. 66-66. Required.
It shall be unlawful for any person to operate any mobile home park within the limits of the city, unless he holds a valid operator's permit issued by the enforcement officer in the name of such person for the specific mobile home park. All applications for permits shall be made to the city clerk's office who shall, upon receiving approval of a majority vote of the total number of appointed members of the planning commission at a regular meeting, issue a permit, to be valid for one year, then renewable annually, upon compliance by the applicant with provisions of this article and of any regulations adopted pursuant hereto, and of any other applicable legal requirements. No permit shall be transferable. Every person holding such a permit shall give notice in writing to the city clerk's office within 24 hours after having sold, transferred, given away or otherwise disposed of such operator's right to the control of the mobile home park for which such permit was issued, and any such permit shall then expire and immediately be null and void. Such notice shall include the name and address of the person succeeding to the control for such mobile home park. No successor to the right to operate the mobile home park may commence operations until he has been issued a valid permit as required in this subdivision.
(Code 1973, § 20-2)
Sec. 66-67. Application.
(a) Operator. Applications for operator's permits shall be in writing, signed by the applicant, and accompanied by an affidavit of the applicant as to the truth of the statements and facts set forth in the application and shall contain the following:
(1) The name and address of the applicant.
(2) The interest of the applicant in and the location of the mobile home park.
(b) Building and construction. Applications for building and construction permits for mobile home parks shall be in writing, signed by the applicant, and accompanied by an affidavit of the applicant as to the truth of the statements and facts set forth in the application, and shall contain the following:
(1) A complete plan of the mobile home park, containing the legal description, showing compliance with all applicable provisions of this article and regulations promulgated hereunder.
(2) Such further information as may be requested by the enforcement officer to enable him to determine that the proposed mobile home park will comply with legal requirements.
(3) No changes or additions may be made in the plat plan or construction of a mobile home park except upon a new application which shall be subject to the same terms and conditions of the original application.
(c) Renewal of operator's permits. Applications for renewals of operator's permits shall be made in writing by the holder of the permit and shall contain the following:
(1) Any change in the information submitted since the time the original permit was issued or the latest renewal granted.
(2) Verification that all mobile homes located within the park have been notified that approved, listed smoke detectors are required by section 46-57.
(3) Such other information as the enforcement officer may require.
(d) Permits required. No mobile home park may be operated within the city unless both a building and construction permit and an operator's permit have been issued and are in effect at all times during the operation.
(e) Plan required. A complete plan, for the purpose of obtaining a building and construction permit to be issued by the enforcement officer shall show:
(1) The area and dimensions of the tract of land.
(2) The number, location and size of all mobile home spaces.
(3) The location and width of roadways and walkways.
(4) The location of service buildings and any other proposed structures.
(5) The location of water and sewer lines, and shall be accompanied by written approval of such proposed water and sewer lines signed by the superintendent of the water and sewer department.
(6) Plans and specifications of all buildings and other improvements constructed or to be constructed within the mobile home park pursuant to such applications.
(7) The plan shall include a plat, prepared to scale, by a registered engineer or licensed land surveyor.
(f) Suspension of permit; grounds, notices. Whenever, upon inspection of any mobile home park, the enforcement officer finds that conditions or practices exist which are in violation of any provision of this article, or of any regulations adopted pursuant hereto, the enforcement officer shall give notice in writing in accordance with section 66-29 to the person to whom the applicable permit was issued that unless such conditions or practices are corrected within a reasonable period of time specified in the notice by the enforcement officer, the permit will be suspended. At the end of such period, the enforcement officer shall reinspect such mobile home park, and if such conditions or practices have not been corrected, he shall suspend the applicable permit and give notice in writing of such suspension to the person to whom the permit is issued. Upon receipt of notice of suspension, regardless of whether a building and construction permit or an operator's permit may be involved, the operator of such mobile home park shall cease operation of such park except as provided in section 66-29(b).
(g) Hearing; revocation of permit. Any person whose permit has been suspended, or who has received notice from the enforcement officer that his permit will be suspended unless certain conditions or practices at the mobile home park are corrected may request and shall be granted a hearing on the matter before the planning commission under the procedure provided by section 66-29; provided, that when no petition for such hearing has been filed within ten days following the day on which notice of suspension was served, such permit shall be deemed to have been automatically revoked at the expiration of such ten-day period.
(Code 1973, § 20-3)
Sec. 66-68. Permit fees.
(a) The enforcement officer shall be required to collect and remit to the city fees which shall be paid by applicants for building and construction permits and operator's permits required by this subdivision.
(b) Fees for the permits shall be set by the city council from time to time and shall be paid at the time each permit is approved and before such permit shall be issued.
(c) The operator's permits provided for in this subdivision shall be in lieu of any occupation tax which may be provided for by any ordinance of the city.
(Code 1973, § 20-4)
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