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Local town ordinances relating to apartment buildings and restaurants

Village of Addison Code

Chapter 10 - Licenses

Article  VIII Housing - Multiple Family, Licensing and Inspection

10-80  Definitions
10-81  License Required
10-82  Application
10-83  Reports
10-84  Additional Conditions for Issuance of License
10-85  License Fees and Inspection Fees
10-85.1  Annual Residential Rental License Fees and Inspections
10-85.2  Inspection Grading System
10-85.3  Semiannual Inspection
10-85.4  Re-inspections
10-85.5  Exterior Only Inspections
10-85.6  Payment of Certain fees
10-85.7  Scheduling Inspections
10-86  Inspection of Building, Violations, Suspension and Revocation of License
10-86.1  Nuisance Residential Rental Property
10-87  Tenant Responsibility
10-88  Penalty

Sec. 10-80  Definitions

For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them:

Dwelling:   shall mean any enclosed space which is wholly or partly used or intended to be used, rented, leased, let or hired out to be occupied or that are occupied for living purpose

Dwelling unit:  shall mean a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

Inspection:  shall mean the annual inspection, semi-annual inspection, a reinspection or an exterior only inspection.

Interior common areas:  shall mean Interior spaces not part of a dwelling unit, including utility areas and areas shared and/or accessed by the occupants of the building.

Lease or Rent:  shall mean the entry into a written or oral agreement embodying the terms and conditions concerning the use and occupancy of a dwelling by a tenant

Managing agent:  shall mean any person or firm, acting for another, with authority to rent, manage or make expenditures.

Reinspection:  A reinspection includes the inspection of all areas previously found in violation f the applicable codes.  Re-inspections may also identify new violations that have since developed or were not identified during the previous inspection.

Rental dwelling:  shall mean any dwelling unit which is not owner occupied and which is either rented, leased, available for rent or lease, or otherwise compensated for by others to the property owner or his/her agent.  The rental of a single room or the sharing of a dwelling unit between the property owner of the dwelling unit and others shall not constitute a rental dwelling.

Residential rental license year:  The residential rental license year shall begin on May 1 and continue through to April 30

Semi-annual inspection:  means a second annual inspection of all outdoor areas and structures, the exterior ofr all buildings, the  dwelling units and all other interior common areas subject to this Article VIII, which are under the ownership of the property owner to access compliance with the applicable Village Code standards governing rental dwellings.

Tenant:  shall mean a person entitled by written or oral agreement, by subtenancy approved by the land lord or by sufferance, to occupy a dwelling unit to the exclusion of others.  (Ord. 02-37; 4-40; 06-38; 07-39; 10-26)

Sec. 10-81  License Required

(A)  No person shall rent, lease or otherwise allow a dwelling or dwelling unit under their ownership to be occupied by  others unless a
 Residential Rental License is in effect therefor, as provided by this Chapter.   Licenses shall be issued for a period of up to one year, from May 1 to April 30, unless sooner revoked.  No license shall be transferable to  another rental dwelling. Any license may be transferred to another person at no additional charge, subject to completion and approval of a new license application and only when the building has been transferred in compliance  with Chapter 24 of the Village Code.

(B)  Every  owner who does not reside within the corporate limits of the Village shall designate, as the first contact person  on the license
application , a person who resides in the corporate limits of the Village.  A second contact person shall  be listed on the application form as backups.  Each of the two individuals listed as contacts shall have a different  phone number and each of such persons shall have the authority to address the issues necessary to resolve any and  all problems and deficiencies that affect the safety and living conditions of the occupants, regardless of the time of  day or day of the week.  In the event that the owner cannot make a scheduled inspection/reinspection appointment,  one of the listed contact persons is expected to keep the appointment on the owner's behalf.  (Ord. 02-37; 04-40; 06-38; 07-39; 08-19; 10-26)

Sec. 10-82   Application

No Residential Rental License shall be issued except upon receipt of a completed Village of Addison, residential rental license application filed with the Village Clerk or his/her designee.  Such applications shall be submitted to the Village Clerk  or his/her designee no later than April 30 preceding the license year being applied for with the appropriate fees.  The  application shall set forth, but not be limited to the following information. 

(A)  Full name, home address, day and evening phone numbers and date of birth of the legal owner; if owned by a trust, a trust disclosure is required.

(B)  The license application shall designate two contacts, their names, address of the primary contact and phone numbers for twenty-four  hour contact in case of an emergency.  Each contact shall have a different phone number form the other contact.

(C)  Full name, address and date of birth of the applicant for the license.

(D)  If applicable, the authorization or refusal to allow the removal of graffiti by the Village

If there is a lawful transfer of ownership and a Residential Rental License has been issued for the current license year, the license shall also be transferred at no additional charge to the new owner, subject to the completion and approval of a new application by the new owner.  (Ord. 04-40; 06-38; 07-39; 10-26)

Sec. 10-83  Reports

The license shall report to the Department of  Community Development any changes in the information provided on the  application, within seven (7) days of said change.  Any conveyance in the legal or equitable interest in the building shall be   reported the Department of Community Development within seven (7) days after the execution of the contract to convey  and at least fifteen (15) days prior to said conveyance to allow ample time to verify the status of compliance for the building  and property (04-40; 10-26).

Sec. 10-84  Issuance of Licenses

(A)  No license shall be issued until all applicable inspection and license fees have been paid to the Village of Addison

(B)  Any owner of a property that is being rented or leased out for residential purposes (excluding hotels, motels and  individual rooms) shall attend
 and complete a Village of Addison Crime Free Multi-Housing Program Seminar (the  "Seminar").  The owner, agent or  designee shall attend the Seminar prior to obtaining or being issued a Village   residential operator license.  Any lessor who was required to have a Residential Rental License on or after May 1, 2009 shall have until November 1, 2010 to attend the Seminar.  In the event such a Seminar is not offered prior to  issuance of the Residential Rental License, a conditional license may be issued subject to the owner, agent or  designee attending the Seminar within three months of the issuance of the license.  In the event a Seminar is not  attended within three months, the license shall be void.

(C)  A property manager shall be considered an agent of the owner.  A new manager shall have three months from the date of hire to attend the
Seminar.  A new property owner shall have three months from the date of purchase of the property to attend the Seminar.  Each owner, agent or designee shall attend the Village Seminar at least once every  three years.

(D)  The Crime Free Multi-Housing Coordinator, as designated by the Chief of Police, shall provide the Director of  Community development
with a list of owners, agents and/or designees who have attended the Seminar, with the  date of attendance and verification that the owner, agent or designee has complied with the provisions of this section  and is eligible to obtain, maintain or renew the Residential Rental License.

(E)  Any owner or agent of a residential rental property or their designee is required to utilize a crime free lease addendum  (see Appendix 10-84 to
Chapter 10 of the Village Code) or to provide a clause in the lease similar to the crime free  lease addendum for any lease executed after May 1, 2009.  The Crime Free Multi-Housing Coordinator shall  provide, at no cost, samples of the crime free lease addendum and shall submit such clauses within actual leases to  the Village Attorney for review and approval.  The clause is intended to consider criminal activity engaged by, facilitated by or permitted by the renter, member of the household , guest or other party under the control of the  renter a lease violation.  The landlord shall have authority under said clause to initiate an eviction proceeding as  specified in the Illinois Forcible Entry and Detainer statutes.  Proof of criminal violation shall be by a preponderance  of the evidence.  With respect to oral rental agreements, the crime-free lease addendum shall be deemed to be  incorporated into such oral agreements as a matter of law.  (04-40: 09-02; 10-26).

Sec. 10-85  License Fees and Inspection Fees

No license shall be issued until all applicable inspection and license fees have been paid to the Village

It shall further be unlawful for any owner of a rental dwelling to fail to pay promptly license fees and inspection fees for rental dwelling units, as hereinafter provided in this Article.  (Ord. 89-78, 92-33, 00-02, 01-35, 01-129, 02-37, 04-40; 06-38; 10-26)

Sec. 10-85.1  Annual Residential Rental License Fees and Inspections

The annual Residential Rental License Fees for the 2010-2011 Residential Rental License Year and all subsequent license years shall be $50.00 per dwelling/dwelling unit plus:

$50.00 for each building having 1 to 5 units;
$75.00 for each building having 6 to 11 units;
$100.00 for each building having 12 to 17 units;
$125.00 for each building having 18 to 23 units; and
$150.00 for each building having more than 23 units.

Condominium units and town homes shall be charged a dwelling unit fee but shall not incur a fee for the building unless the building is maintained directly by the owner of one or more of the condominium units or of the town home.

(A)  The annual Residential Rental License fee includes the fee for the annual inspection but does not include any charges for  reinspection or
exterior only inspections.

(B)  The annual rental inspection shall be scheduled to inspect twenty percent of the dwelling units in each building.  When  the calculation of
20 percent of the total units creates a fraction of a unit it shall be increased (rounded up) to the full  whole number of units to be inspected.  The units selected to be inspected shall be a random choice made by the  inspector.  Annual inspection shall include the inspection of all exterior areas and structures, twenty percent of all  dwelling units and all other common interior  areas.  If any unit is found to e uninhabitable or infested during an  annual inspection all rental units in the building are subject to the inspection process, except  for these units approved  to be work in progress.  No new lease or rental agreements for any unit in such violation may be entered into until  the violations noted for the same unit have been resolved and approved.  If additional units are required to be  inspected as a result of the annual inspection and another time or date may be required, the annual rental inspection  shall not be graded until all of the units are inspected. 

(C)  The building official shall make annual inspections of all buildings having dwelling units, excluding hotels and motels,. if any dwelling
unit is leased or rented, or otherwise occupied by anyone other than immediate family  members of the property owner (and rent is not charged), except as provided in this code.  Additional inspections  may be required based on the results of the initial annual inspection, the semi-annual inspections or the exterior  inspections.  Fees for a Residential Rental License and for the applicable inspections shall be charged in accordance  with those fees listed in this Chapter.  Property owners have an affirmative obligation to allow such inspections.

Vacated units may be inspected by the Village as part of the annual or semiannual inspection process.  A vacant unit  deemed a work in progress shall e exempt from the annual and semi-annual inspection process and the grading  system for the building, if such unit is in compliance with the requirements for a Work in Progress.  To qualify as a  work in progress the unit shall be identified as either having ongoing remodeling, repair or new construction or  proposed to correct a code violation and shall be vacant and unoccupied.  Additionally, the request for such units to  be exempted shall be requested in writing by the property owner or his designee and verified both visually and in  writing by the inspector.  Qualifying units shall be inspected before the unit is occupied and is subject to all fees and  reinspections that are otherwise deemed applicable.  No such unit may be rented if any safety or health issues are  identified through the inspection process.  Failure to request and have an inspection approved before allowing the  unit to be occupied or furnished (any personal effects) by the tenant is prohibited and is subject to a citation being  issued to the property owner, manager or landlord.  Failure to complete that work that qualified the unit for the  exemption shall be charged a $100.00 administrative fee to adjust the results of the inspection and the change of the  grade if applicable.  Inspections for "work in progress" shall be scheduled a minimum of seven working days before  the use of the unit is anticipated.  Vacant units that are approved as a "work in progress" are limited as such for a  period not to exceed 90 calendar days.

Every building inspected shall receive an inspection grade based on the results of the annual inspection.  Based on this inspection grade, the schedule of the next annual, semi-annual and/or exterior inspection shall be determined, as provided in Section 10-85.2 below.

The total number of dwelling units (excluding vacant units defined as a "work in progress") inspected in the building, plus  one for interior common areas and plus one for all  accessory structures and the exterior common area of the building, shall  determine the total number of inspection areas used in calculating the final inspection grade.  For those condominium units or  town homes (that do not have maintenance  responsibility for the exterior) that are inspected, no interior common area or  exterior common area issues shall be inspected or graded as part of this program other than balconies, patios, decks, exterior  screens and dwelling unit door closers for the unit being inspected (Ord. 10-26).

Sec. 10-85.2  Inspection Grading System

(A)  Each property required to have a Residential Rental License shall be given an inspection grade at the conclusion of  any annual inspection. 
The total number of violations and deficiencies observed at the time of the annual inspection  divided by the total number of inspection areas shall determine the inspection grade of the building.  A building  having two separate entrances, each with a different address, shall be considered two buildings when the interior  common area is not continuous throughout the building.  If the building has two entrances, each with a separate  address with the interior common hallway allowing for passage from one entrance to the other, only one Residential  Rental License shall be issued.

If there are two licenses the exterior areas shall be divided accordingly by determining a reasonable center point  between each entrance which shall act as a dividing line for the inspection areas.  All exterior common areas and  accessory structures shall br inspected based on the proximity of the area to each building being inspected and the  related uses.

Exterior areas that extend beyond property lines that are not under direct ownership of the building owners shall be  inspected as part of the building's exterior area by dividing the property in half based on the  proximity of the next  building.

(B)  Any building having, on average, one or less violations  or deficiencies at the completion of an annual inspection shall receive an
 inspection grade of Very Good.  An inspection grade of Very Good exempts the building from the next annual inspection process and the next annual Residential Rental License fee.  However, the application for a new  Residential Rental License shall still be submitted and approved and all reinspections and reinspection fees are still  applicable.  Should a reinspection be required based on the results of the annual inspection no reinspection fee shall  be assessed for the annual inspection.  In addition, no exterior only inspection shall be scheduled during the license  year.  These exceptions shall be invalidated if within the twelve months following the initial annual inspection, the  respective building or site receives two or more valid service requests (complaints) or is found guilty of a court  citation regarding the housing program.  This exemption shall not be approved if during the annual inspection, there  is any violation  relating to infestation or there are four or more violations in the common area or if the current rental  license fee has not been paid on a timely basis as per Section 10-81 of the Village Code, in which case the building  shall be graded as Satisfactory.  Beginning with the 2008-2009 license year, by achieving and maintaining a Very  Good grade on three (3) consecutive annual inspections the building shall be exempted form the following two  annual inspections and the following two residential rental license fees, if maintained under the same ownership.  Achieving a Very Good on the next annual inspection shall again exempt the building for an additional two years  from having any inspections or paying a license fee if maintained under the same ownership .  If a rental license is not  properly applied for before the beginning of the license year for the year of the waived status the waived status shall  be withdrawn and the site shall be regarded as a Satisfactory, req7uiring both a license fee and the applicable  inspections.

Any building having an average of more than one but not more than three violations, or deficiencies per inspection area at the completion of an annual inspection shall receive a grade of Satisfactory.  A grade of Satisfactory requires that one exterior only inspection be conducted during the same license year.  A grade of Satisfactory also requires that for the next Village residential rental license year, a Residential Rental License shall be applied for, paid for and issued and that another annual inspection shall be conducted and all reinspections and reinspection fees shall be applicable.

(C)  Sites Receiving a Very Good Grade:

(1)  shall not be charged a reinspection fee for an annual inspection if such an inspection is required, and

(2)  shall not scheduled for any exterior only inspections

(D)  Sites receiving a Satisfactory grade:

(1)  shall be charged for the reinspection of the annual inspection at the same rate as the annual license for the areas requiring such a
reinspection; and

(2)  shall be charged a fee for one r exterior only inspection equal to the annual license fee less the per unit charge

(E)  Sites receiving an Unsatisfactory grade:

(1)  shall be charged for the reinspection of the annual inspection at the same rate as the annual license for the area requiring such a
reinspection; and

(2)  shall be charged a fee for one semi-annual inspection equal to the annual license fee; and

(3)  shall be charged a fee for two exterior only inspections equal to the annual license fee less the per unit charge for each inspection
 (Ord. 10-26)

Sec. 10-85.3  Semiannual Inspections

Semiannual inspections shall be conducted when an annual inspection grade of Unsatisfactory is determined.  Semiannual inspections shall require the duplication of the annual inspection process allowing again the random selection of units to inspect.  A semiannual inspection shall not reduce the   number of exterior only inspections that shall be required.  The semiannual inspection fee shall be in the same amount  as the annual inspection fee (Ord. 10-26)

Sec. 10-85.4  Reinspection

Re-inspections shall be conducted on an as needed basis when a scheduled inspection identifies violations or code  deficiencies.  Re-inspections may identify additional issues in addition to those already identified.  The fee for such scheduled  reinspection shall be at the same rate as the annual license for the areas requiring such a reinspection.  (Ord. 10-26).

Sec. 10-85.5  Exterior Only Inspections

In addition to the annual rental inspection, each building (excluding single family residences, town homes, where the property is not directly maintained by the owner and condominiums) shall have up to two additional exterior only inspections during  the same license year.  Exterior only inspections shall include the inspection of all outdoor areas and structures, the exterior of  the building, including the operation of all the exterior doors opening into common areas, to verify code compliance.  These  inspections shall be scheduled after the annual inspection has been conducted and repeated if necessary.  The exterior only  inspection process shall be subject to reinspections and re-inspection fees.  However, the exterior only Inspection process  cannot generate a semi-annual inspection.  If the property owner, landlord, property manager or other designated individual is  not present at the scheduled time for the exterior inspection, the inspector shall not conduct the inspection.  (Ord. 10-26)

The fee for a scheduled exterior inspection shall be at the same rate as the annual license fee less the per unit charge.  (Ord. 10-26).

Sec. 10-85.6  Payment of Certain Fees

All re-inspection fees shall be paid in full within thirty (30) days of the date the initial inspection was conducted or prior to the re-inspection date whichever occurs first.  Fees for all semi-annual inspections shall be paid in full within thirty (30) days of the  date the annual inspection was conducted or prior to the semi-annual inspection date whichever occurs first.  Fees for all  exterior only inspections shall be paid in full within thirty (30) days of the date of the annual inspection was conducted or prior  to the first exterior only inspection date whichever occurs first.  Fees for the re-inspection and/or for any additional inspections  shall be listed on the inspection report, no invoices or additional notices shall be provided for the payment of these fees.  (Ord. 10-26). 

Sec. 10-85.7  Scheduling Inspections

The Code Official, or his authorized representative, is hereby authorized and directed to make inspections in order to  determine the condition of the dwellings, dwelling units, rooming units and premises (collectively a dwelling located within  the Village).  The sold purpose of such inspections shall be to determine whether such dwellings comply with the provisions  of this Article, Section 15.3E of Chapter 15, Section 17-32 of Chapter 17, Section 1206 of the Subdivision Control  Ordinance, and Chapter 24.  The scope of such inspections shall be strictly limited to those areas of the dwelling that are  required to be in compliance with this Article and Chapter 24.  For the purpose of making such inspections, the Code Official  or his authorized representative is hereby authorized to enter, examine and survey all dwellings and related areas and uses in  the Village.  (Ord. 10-26).

If the dwelling is vacant, the Code Official shall inform the owner of the scheduled inspection and shall request permission to enter the dwelling for the purposes of the inspection.

If a dwelling is occupied by a tenant, the landlord shall inform the tenant of the scheduled inspection and shall request permission from the tenant that the inspector be permitted to enter the dwelling if the tenant is not home at the time of the  inspection.  Failure to be granted permission shall require the landlord to provide in writing, the tenant's name, unit number and phone number to the Code Official no later than 48 hours prior to the time of the scheduled inspection.

Every inspection and reinspection shall be scheduled in writing.

The property owner or his/her designee has the responsibility to meet the inspector at the time of scheduled inspection.  Failure to do so, without validating just  cause and receiving approval shall result in the imposition of a fee equal to $50.00 for the first failure during a license year.  Additional failures to e present on the prescribed date and time are subject to citations.

Sec. 10-86   Inspection of Building, Violations, Suspension and Revocation of License

(A)  Whenever, upon inspection of the licensed rental dwelling or rental dwelling unit, it is determined by the appropriate  officials of the
Village of Addison that conditions or practices exist which are in violation of the provisions of this or  any  applicable ordinance of the Village of Addison, the official making the determination shall serve the owner or  agent with a notice of violation.  Such notice shall identify the specific violations and stat that unless they are  corrected within the time specified in the notice the operating license may be  suspended.  Notice pursuant to this  section shall be sent by U.S. mail to or hand delivered to the party designated in the application to receive notices or  process or their authorized representative.

Notwithstanding anything to the contrary set forth in this Article, valid complaints or service requests regarding a  non-responsive license shall be processed as follows.  After a tenant has notified the licensee or his designated  representative of a code violation regarding their dwelling unit, the licensee has an obligation to resolve the matter within a reasonable time frame.  If the Village is notified of the failure of the licensee to comply, they shall  investigate the same.  If the complaint is valid the licensee shall be responsible for the payment of the inspection  costs incurred by the Village and any subsequent reinspection costs.  The licensee shall pay said costs within fifteen  (15) days of notification of such inspection or reinspection.  Such notification shall be either by the service of an  inspection report indicating the fee or of a letter either mailed or hand delivered.  Should the licensee fail to pay said costs in a timely manner, said failure shall be a violation of this Article and the licensee shall be subject to additional  penalties as hereinafter set forth.

(B)  At the end of the time allowed for correction of any violation cited, the building shall be reinspected by the appropriate Village officials
 to verify compliance.  If compliance has not been achieved or if significant progress has not developed, the Village of Addison may issue an order for suspending the operating license.  Violations caused by the tenant shall not be considered grounds for suspension of license, if the licensee is diligent in achieving compliance.

(C)  Any person whose license to operate a rental dwelling or dwelling unit has been suspended shall be given the  opportunity to be heard
by the Village of Addison in connection with the violations.  Within twenty-one (21) days  following the issuance of an order to suspension, the Village shall schedule a hearing to determine whether the  license shall be revoked.  The Village, as a result of such hearing, may grant additional time or may  revoke the  license.  Prior to revocation any person whose license has been suspended may request a reinspection upon showing  that the violation cited in the notice has been corrected.

(D)  If the licensee is convicted by a Court of a violation of any applicable ordinance of the Village of Addison in connection with the licensed
building, then the licensee shall be subject to revocation.

(E)  In the event a condition of extreme hazard to health or safety is found to exist, the Village of Addison may i8mmediately suspend the license.

(F)  If, upon reinspection, it is determined by the appropriate Village officials that the violations cited in the notice have been corrected, the
 license shall be reinstated by the Village of Addison.  A request for reinspection shall not exceed the twenty-one (21) day suspension period unless the official responsible for sending the violation notice so requests.

(G)  Each  day a building continues to operate after a license has been revoked shall constitute a separate violation of this ordinance subject
 to  fine, as provided for in this Code (04-40; 07-39; 10-26).

Sec. 10-86.1  Nuisance Residential Rental Property

It is hereby declared a nuisance and against the health, peace and comfort of the Village and its residents for any property  owner, agent or manager to suffer or permit the following:  (1)  rental of a residential unit or residential building within an  apartment community or governed by a homeowner's association to  a tenant who allows any of the following offenses to  occur relating to the tenant, member of the tenant's household, guest or other party under control of the tenant to occur; murder, kidnapping, aggravated kidnapping, prostitution, solicitation of prostitution, pandering, obscenity, child  pornography, sale of obscene publication, criminal housing management, possession of explosives, unlawful use of weapons,  sale of firearms, gambling, keeping a gambling place, concealing a fugitive, violation of the Illinois Controlled Substances Act, violation of the Cannabis Control Act, or commission of any two or more of any other felonies or Class A misdemeanors  under the laws of the State of Illinois or the federal government not specifically listed above; or (2) rental of a residential unit  or residential building within an apartment community or governed by a homeowner's association to a tenant who allows any  of the following offenses to occur relating to the tenant,  member of the tenant's household, guest, or other party under control  of the tenant to occur; commission of three or more Village ordinance violations in a six month period or an unreasonably  high number of calls for police service, including, but not limited to, calls that may fall within the descriptions listed above  that, when compared to other properties in the Village or similar type, reasonably indicate that the activity at the property is  out of character for the area and is impacting the quality of life of those in the area.  (09-02; 09-54; 10-26)

Sec. 10-87  Tenant Responsibility

(A)  No tenant shall commit vandalism in the building in which the tenant's dwelling unit is located , and no tenant shall permit vandalism
 to occur or shall violate any of the provisions of the ordinances of the Village of Addison in the dwelling unit leased by the tenant.

(B)  Each tenant shall be notified of the Tenant Notification of Housing Codes, as provided in Chapter 24, before occupying a rental dwelling.
 The landlord shall notify the tenant of this requirement (10-26).

Sec. 10-88  Penalty

Any person not in compliance with the provisions of this Chapter as a result of failure to obtain such license shall be  considered in violation of such Chapter and shall be fined not less than one hundred fifty dollars ($150.00) nor more than one  thousand dollars ($1,000.00) for each offense.  In addition , each day shall constitute a distinct and separate offense.  (Ord. 80-98, 01-35, 04-40; 08-19, 09-02, 10-26).