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Local town ordinances relating to apartment buildings and restaurants


Hanover Park Apartment Rental License


Chapter 82 
Rental Residential Housing Code



Sec. 82-1  Legislative findings
Sec. 82-2  Title
Sec. 82-3  Scope
Sec. 82-4  Purpose
Sec. 82-5  Definitions
Sec. 82-6  License required; transfer; term
Sec. 82-7  License application
Sec. 82-8  Issuance of license; inspection
Sec. 82-9  Property maintenance regulations
Sec. 82-10  Fees
Sec. 82-11  Responsibilities of owner
Sec. 82-12  Notice of violation; license suspension and revocation
Sec. 82-13  Owner violations
Sec. 82-14  Other violations
Sec. 82-15  Access for inspections
Sec. 82-16  Chapter does not affect leases
Sec. 82-17  Severability
Sec. 82-18  Penalty

Sec. 82-1  Legislative findings

This rental residential housing code through its property maintenance standards, inspections and licensing has since its adoption in 1979 corrected and prevented violations in rental residential dwellings and protects and promotes the public health, safety and welfare of the residents of the village.

(Ord. No. O-98-72, 1(21-1/2-1), 1-7, 1999)

Sec. 82-2  Title

This chapter shall be known and may be cited as the "Hanover Park Rental Residential Housing Code"

(Ord. No. O-98-72, 1(21-1/2-2), 1-7-1999)

Sec. 82-3  Scope

The provisions of this chapter shall apply uniformly to the construction, maintenance, use  and occupancy of all rental residential property, where applicable, and shall apply uniformly to the alteration, repair, equipment, use, occupancy, and maintenance of all existing rental residential dwelling units irrespective of when or  under what code or codes such dwelling units were originally constructed or rehabilitated,.   It shall be the duty of the village to enforce  the provisions of this chapter as authorized by this Code and the Property Maintenance Code of the Village of Hanover Park as adopted and amended by the village.

(Ord. No. O-98-72, 1(21-1/2-3), 1-7-1999; Ord No. O-08-53, 1, 8-21-2008)

Sec. 82.4  Purpose

The purpose of this chapter is to provide for property maintenance standards, inspection and licensing of rental residential property so as to protect the public health, safety and  welfare of the residents and guests of rental residential dwelling units including:

(1)  To protect the public health and safety by obtaining compliance with the property maintenance standards of the village.

(2)  To protect the character and stability of residential areas

(3)  To correct and prevent housing conditions that adversely affect or are likely to adversely affect the life, safety, general welfare
and health, including the physical, mental and social well-being, of persons occupying rental residential dwelling units.

(4)  To prevent the overcrowding of dwellings by requiring compliance with minimum space standards per occupant for
 each dwelling unit.

(5)  To facilitate the enforcement of property maintenance for the maintenance of existing residential buildings and thus to prevent
slums and blight.

(Ord. No. O-98-72, 1(21-1/2-4), 1-7-1999)

Sec. 82-5  Definition

(a)  Unless otherwise expressly stated, the following terms shall have the meaning hereafter described:

Multiple-unit building     means rental residential property with more than two rental residential dwelling units, which are not single-unit dwellings, in a building with all units in that building owned by the same owner.

Property agent     means a person, operator, firm, partnership, corporation, or other legal entity designated in writing by the property owner to the code official to manage a rental residential property, including the authority to receive notices or citations.

Rental residential dwelling unit     means a residential dwelling unit let or intended to be let for rent or lease.  It does not include an owner-occupied dwelling unit.

Rental residential property     means the lot and rental residential dwelling units on that lot.

Single-unit dwelling     means rental residential property with only a single-family attached or detached rental residential dwelling unit as defined in the Comprehensive Zoning Ordinance of the Village

Tenant means an occupant of a rental residential dwelling unit

Owner     means any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the country or municipality as holding title to the property; or otherwise  having control of the property, including the guardian of the estate of any such person and the executor or administrator of the estate of such person if ordered to take possession of real property by a court having jurisdiction.

(b)  Words or phrases as used in this chapter and not herein defined shall be defined as provided by the Property Maintenance Code
and Building Code of the village as adopted and amended in chapter 18.

(Ord. No. O-98-72, 1(21-1/2 -5) 1-7-1999; Ord No. O-08-53 2, 8-21-2008)

Cross reference -- definitions generally 1-2

Sec. 82-6  License required; transfer; term

(a)  It is unlawful for any owner, person, firm, partnership, corporation or other legal entity to operate, maintain or offer to rent within
 the village a rental residential dwelling unit whether vacant or not without first obtaining a rental residential license for each multiple-unit building or single-unit dwelling as provided in this chapter.

(b)  It is unlawful for a person to occupy a rental residential dwelling unit, or for any owner or property agent to allow anyone to occupy
 a rental residential dwelling unit, which is not within a licensed rental residential building.

(c)  It is unlawful for any person, firm, partnership, corporation or other legal entity to offer for rent or to occupy any  vacant dwelling
 unit or any dwelling unit that becomes vacant in a rental residential building for which a license is under suspension.

(d)  This chapter shall not apply to the following structures:

(1)  This chapter shall not apply to the following structures:

(2)  Dwellings, buildings, structures and uses licensed and inspected by village, state or federal government, including but not
limited to nursing homes, retirement centers, rest homes, etc.,

(3)  Dwellings, buildings, structures and uses owned by governmental agencies and public housing authorities.

(e)  A license for a rental residential property cannot be transferred to another rental residential property or a succeeding  owner.
 A purchaser of an existing licensed rental residential building shall make application and obtain a new license in compliance with this chapter prior to the issuance of the real estate transfer tax stamp, except no additional  license fee shall be assessed nor inspection required until the renewal application at the beginning of the next license  year.

(f)  Rental residential buildings having more than two dwellings units shall post the license in the common area or on-site office,
 which  shall have included the permitted occupancy limits for those units.

(g)   The license for multiple-unit buildings shall be for a 12-month period beginning for those multiple-unit buildings as follows:

Beginning of License Year
Area
(1)
November
Peach Tree Street on the west


Walnut Avenue on the north


Maple avenue on the south


Pine Tree on the east; and Leslie Lane on the west


Hemlock Street on the north


Lake Street on the south


Hickory street on the east
(2)
January 1
Mark Thomas Lane on the west


Mark Thomas Lane on the north


Lake Street on the south


Glendale Terrace Apartments on the east and the village limits on the west


Irving Park Road on the north


Narcissus on the south


Astor on the east; and the village limits on the west


Village limits on the north


Irving Park Road on the south


Jensen Boulevard on the east
(3)
February 1
Briarwood Street on the west


Irving Park Road on the north


Tanglewood on the south


Barrington Road on the east; and Jonquil Terrace on the west


Irving Park Road on the north


Briarwood Street on the south


Tanglewood on the east; and 7402 Briar Lane on the west


Briarwood Street on the south


Irving Park Road on the north


Briar Lane on the east; and briar Lane on the west


Briarwood Street on the south


Irving Park Road on the north


1700 Briarwood on the east; and Elm Avenue outlet on the west


2016 Maple Avenue rear lot line on the north


Irving Park Road on the south


Church Street on the east; and Walnut Street on the west


Hickory Street on the north


Alden Lane on the south


Parkside Place west lot line on the east; and village limits on the west


Narcissus Street on the north


Park wood School/St. Ansgar on the south


East Avenue on the east
(4)
March 1
Walnut Street on the west


Hickory Street on the north


Breeze wood Terrace on the south


West end of Elm Avenue on the east; and Church Road on the west


Ontario ville Road on the north


6200 church Road on the south


1600 Ontarioville Road on the east
(5)
April 1
All other rental residential buildings not heretofore included



 

(h)  The license for a single-unit dwelling shall be for  a 24-month period beginning from the first day of the month after the license application is received.

(Ord. No. O-98-72, 1(21-1/2-6), 1-7-1999; Ord. No. O-08-53, 3, 4, 8-21-2008)

Sec. 82-7  License application

(a)  No license shall be issued except upon written application filed with the village.  A complete application for a license shall be
 filed not less than 30 days prior to the issuance thereof.  Said application shall be signed by the legal title holder of the rental residential property.  Any person seeking to renew a license issued pursuant to this chapter shall  file a completed application not less than 30 days prior to the expiration of the currently valid license.  Application forms maybe obtained from the village and shall contain such information as the code official may require, including but not limited to:

(1)  The address of the rental residential property.

(2)  The number of dwelling units within the rental property.

(3)  Name, address, work and home telephone numbers of each owner.  When the owner is a land trust, the application shall
 include the name and address of each person(s) holding a beneficial interest and/or power of direction therein.

(4)  If the owner is not a resident of the village, then either:       

a.  Name, address, work and home telephone numbers of any person appointed as managing agent with  authority to
 accept service or notice of a violation.  If the managing agent is other than a natural person, the above information shall also be provided for that employee of the managing agent specifically assigned to the rental residential property; or

b.  A statement by the owner that service by regular mail upon the owner at the address slated in the application will be
considered sufficient service for all purposes.

(5)  Name, address, work and home telephone numbers of the janitor(s) or engineer(s) in charge of the maintenance of the rental
residential property and its systems, including emergency repairs.

(6)  Name, address, work, and home telephone numbers of any person(s) (other than those listed pursuant to subsections (3), (4)
 and (5) of this section, if any, having authority to make any decision with respect to the management and/or maintenance of the rental residential property.  Attached to the application shall be a statement of such person's authority to manage, lease, and/or maintain the rental residential property.

(7)  The name, address and telephone number of each company that services any alarm system [in the] rental residential building.

(8)  A copy of a plan evidencing what improvements, renovation(s) and/or replacements are budgeted for the license year for
 a multiple-unit building.

(b)  Every owner shall notify the code official of any change in the above information within seven (7) days of any change.

(Ord. No. O-98-72, 1(212-1/2-7), 1-7-1999;  Ord No. O-08-53, 5-8-21-2008)

Sec. 82-8  Issuance of license; inspection

(a)  Upon receipt of a completed application for a license for a rental residential property, including the payment of all required fees, the
code official shall schedule an inspection.  Pending the inspection and issuance or denial of the license, the code official shall allow the continued occupancy of a rental residential dwelling unit that was previously licensed.

(b)  Licensing inspections shall include the building exterior, common areas, basement and all rental residential dwelling units except as
hereafter required.  The code official shall determine the order and inspection process.  The code official shall, prior to entering an occupied dwelling unit, require the resident manager or owner to be present  during the inspection.  Unless otherwise specified in a court order or warrant, the code official will not inspect or  search personal property of the tenant.  The code official, while performing the duties of office, will otherwise fully  consider the privacy and dignity of the tenant and will not enter or open closets, medicine cabinets, or the other  closed cabinets or lockers, unless the code official has reasonable grounds to believe that to do so would establish  evidence of code violations. 

(c)  When a licensing inspection of a rental residential property reveals any violation of applicable codes, the code official shall give notice
of the compliance time frame as provided in section 82-12.

(d)  A licensing reinspection will be conducted at the end of the compliance time frame.  Upon completion of the licensing reinspection
of the rental residential property, a license shall be issued if the multiple-unit building or single-unit dwelling meets the requirements of this Code.  If the code official finds the requirements of applicable village codes have not been met, a written notice of violation stating the defects shall be issued as provided in section 82-12.

(e)  Subsequent inspections of a multiple-unit building or single-unit dwelling required because of cited violations not being corrected
at the time of that inspection shall be subject to the reinspection fees set forth in section 82-10.

(Ord. No. O-98-72, 1(21-1/2-8), 1-7, 1999; Ord. No. O-02-08, 2, 2-21-2002; Ord. No. O-08-53, 6-821-2008)

Sec. 82-9  Property maintenance regulations

(a)  License required     It is unlawful for any owner, person, firm, partnership, corporation, or other legal entity to operate, maintain
 or offer to rent within the village a rental residential dwelling unit whether vacant or not without first obtaining a rental residential license for each building as provided in this chapter.

(b)  Smoke detection system     Each rental residential dwelling shall be equipped with smoke and carbon monoxide detection systems
 which meet the regulations contained i this Code.

(c)  Emergency lighting     Each rental residential dwelling shall be equipped with an emergency lighting system which meets the
 regulations contained in this Code.

(d)  Exit signs     Each multiple-unit dwelling shall be equipped with  exit signs that meet the regulations contained in this Code

(e)  Perimeter curbs

(1)  All existing off-street parking facilities for multiple-unit buildings containing three or more parking spaces shall be enclosed
by a barrier along the perimeter of the parking facility at the end of each parking space where there is an adjacent residential property which is at a lower elevation.

(2)  The barriers shall be a six-inch-wide by 18-inch-high concrete barrier curb as specified in section 38-113 or an equivalent
 in design and function as approved by the village engineer.

(f)  Illumination standards

(1)  All off-street parking areas for multiple-unit buildings shall illuminate those parking facilities from sunset to sunrise.  The
 level of illumination at any point in the parking facility shall not be less than one foot candle measured at the pavement.

(2)  On the exterior of each multiple-unit building at each means of egress, there shall be a light illuminated from sundown
 to sunrise providing not less than one foot candle of light measured at the door handle.

(g)  Extermination of insect infestations     If upon inspection there is an insect infestation in more than one dwelling unit of a
 multiple-unit building, the owner shall be required to contract with a licensed extermination company to exterminate the common area and all infested units not less than on a monthly basis for the remainder of the license year.

(Ord. No. O-98-72, 1(21-1/2-9), 1-7-1999; Ord No. O-08-53, 7-8-21-2008)

Sec. 82-10  Fees

(a)  License fees     Each application for a license shall be accompanied by a license fee of $75.00 per rental residential dwelling unit
in a multiple-unit buildings and $100.00 for a single-unit dwelling.  The license fee shall be paid prior to the beginning of that rental residential property's license year.

(1)  If the license fee is not paid before the beginning of the license year, the fee is delinquent, and the delinquent license fee shall be increased by an additional $50.00 if paid within 30 days from the beginning of the license year.

(2)  If the delinquent license fee is not paid within 30 days of th beginning of the license year, then the delinquent license fee, a $25.00 administrative fee, and interest at six percent per annum shall become a lien upon the property after notice as provided in subsection (c) of this Section.

(b)  Inspection fees     No inspection fee other than the license fee provided in subsection (a) of this section shall be charged for the
 first inspection made upon application for issuance or renewal of a license or one reinspection to determine if violations cited in the first inspection have been corrected if all units are in compliance at the time of the second inspection.  If any rental residential dwelling unit fails at the second inspection, then a reinspection fee  shall be charged.  Every failed second inspection and every third or subsequent inspection required thereafter to determine if a violation has been corrected, a reinspection fee shall be charged of $75.00 per rental residential dwelling unit or for the common exterior area.  If any second inspection fee is not paid within 30 days of the  inspection or third or subsequent inspection fee not paid prior to the inspection, then the inspection fee, a $25.00 administrative fee, and interest at six percent shall become a lien upon the property after notice as provided in subsection (c) of this section.

(c)  Inspection cancellation fees     An owner shall be permitted to reschedule one appointment per building per license year if notice
 is given to the village code official scheduled to conduct the inspection at least 24 hours before that inspection.  If the owner fails to attend a scheduled inspection or cancels a scheduled inspection with less than 24 hours notice, a $50.00 rescheduling fee shall be paid prior to the issuance of the license.

(d)  Notice     Notice shall be given to the owner of the property or taxpayer of record by personal service or certified mail advising
of the delinquent fees and penalties, and that if not [paid within 30 days they shall become a lien upon the property.

(e)  Lien If the delinquent fees and penalties are not paid, that amount shall become a lien  on the property upon the filing of  notice
of lien in the office of the recorder in the county in which the real estate is located.  Such lien shall not be valid as to any purchaser whose rights in and to such property have arisen prior to the filing of such notice of lien.

(Ord. No. O-98-72, 1(21-1/2-10), 1-7-1999; Ord. No. O-99-36, 1, 7-1-1999p; Ord No. O-02-08, 1, 2-21-2002; Ord. No. O-08-53, 8- 8-21-2008)

Sec. 82-11  Responsibilities of owner

(a)  Managing agent for multiple-unit building     In the event that the owner appoints a managing agent, that managing agent shall:

(1)  Have an office at the multiple-unit building with regular business hours; or

(2)  Live at the multiple-unit building and have regular business hours there at ; or

(3)  Have an office within the corporate limits of the village with regular business hours; and

(4)  Shall be authorized to receive notices and process on  behalf of the owner.

(b)  Record of tenants     The owner of a rental residential property shall maintain a  record for each property with the full legal names
 and dates of birth of every tenant in each dwelling unit.  The owner of a rental residential property shall make available to the code official, upon request, the occupant records required to be maintained under this section.

(c)  Emergency contact person     The owner or property agent of a rental residential property shall provide each tenant with the name
 and telephone number of a responsible person who, in emergency situations, will be available on a 24-hour basis and who has the authority to make repairs as needed.  The owner shall also cause said information to be posted and maintained within the main entryway of every rental residential structure.

(d)  Notice of maximum occupancy     The owner of a rental residential property shall inform each tenant in writing, prior to occupancy,
 of the maximum number of persons allowable by the occupancy standards of the village's Property Maintenance Code as determined by the code official or the lease, whichever is less.

(w)  Educational programs     All owners and managers are encouraged to attend landlord training programs which include such
 issues as property maintenance, applicant screening, rental agreements, ongoing management and community building

(f)  Tenant applications     All owners and managers are required to have all prospective tenants complete a written application
 that encourages self-screening and uncovers past behavior to determine if the applicant meets their written tenant criteria.

(g)  Leases     All owners and managers are required to lease rental residential dwelling units only pursuant to a written lease containing
 their rules and regulations.

(Ord. No. O-98-72, 1(21-1/2-11), 1-7--1999; Ord. No. O-08-53, 9, 8-21-2008)

Sec. 82-12  Notice of violation; license suspension and revocation

(a)  When a licensing or other inspection of a licensed rental residential property reveals any violations of applicable codes, a
compliance time frame will be set by the  code official.  In establishing a compliance time frame, the code official shall determine the reasonable minimal time necessary to correct the violations based upon the number and severity of the violations.  The code official shall serve or send notice to the property owner or the listed property agent by regular U.S. mail at the last address provided on the most recent license application.  Said notice shall include the following:

(1)  Description of the property sufficient for identification:

(2)  A statement listing the violations of applicable codes;

(3)  A statement of the date upon which a reinspection will occur; and

(4)  An explanation that if, upon completion of the reinspection, the requirements of applicable village codes have not been
met, the license for the rental residential property will be denied or suspended and/or a complaint filed against the owner in the circuit court.

(b)  A reinspection will be conducted at the end of the compliance time frame

(1)  If any violation is not corrected, the code official may issue a written notice 4extending the time to correct the violations
if there has been a good faith effort to correct the violations and the failure to do so was due to factors beyond the control of the owner.

(2)  If the code official finds that the requirements of applicable village codes have not been met upon the completion of such
reinspection, the license for the rental residential property shall be suspended.

(3)  A license may also be suspended when any information provided in the license application is determined by the code official
 to be false or when the licensee is convicted by a court of a violation of any 0property maintenance violation.

(4)  In the alternative, the code official may request the village attorney to file a complaint against the owner in the circuit  court.

(c)  When a license is suspended, the code official shall personally serve or send notice to the property or the listed property agent\
at the last address provided on the most recent license application.  Said notice shall be sent by certified mail, return receipt requested.  The notice shall include the following:

(1)  Description of the property sufficient for identification

(2)  A statement of the reasons for suspension

(3)  An explanation of the property owner's right to reinspection prior to revocation.

If the property owner changes his address or changes property agents and fails to notify the code official, such notice shall\ be sufficient if sent by certified mail to the owner or his property agent's last address provided on the last license application.

(d)  A property owner whose license has been suspended may request a reinspection prior to revocation.  If, upon reinspection, the
code official finds that the licensed property  in connection with which the notice was issued is now in compliance with this chapter, including the payment of all outstanding fees, the code official may reinstate the license.  The request for a reinspection shall not stay the revocation of the license unless the code official grants such request pursuant to a showing of good cause by the property owner.

(e)  A license may also be revoked when in the opinion of the code official emergency conditions exist in a rental residential property
 that require the immediate vacating of a structure as specified in the village's property maintenance code.

(f)  A license which has been properly revoked as herein provided shall not be reinstated.  The property owner may, however, obtain
 a new license after all violations have been corrected and by following the procedures for obtaining a new license as set forth in this chapter.

(g)  Whenever a license is revoked, the code official shall send notice to the property owner or the listed property agent at the last
 address provided on the most recent license application.  Said notice shall be sent by registered mail, return receipt requested.  The code official shall also notify all tenants of the rental residential property by posting a notice on all entrances to the rental residential structure.  The notice to the tenants shall include the following:

(1)  You are hereby notified that the license for this structure has been revoked pursuant to chapter 82 of the Hanover Park
Municipal Code

(2)  You must vacate this structure within 45 days of the date of this notice.

(3)  If you fail to vacate this structure, you will be in violation of chapter 82 of the Hanover Park Municipal Code and
 subject to penalties of fines with a minimum of $100.00 and a maximum of $#750.00 for each day you are in violation.

(h)  Whenever an owner or property agent of a rental property fails to license said property, the code official shall notify all tenants
of the rental property by posting a notice on all entrances to the rental property indicating the following:

(1)  You are hereby notified that the owner or agent of this rental structure has failed to license this rental property in
 violation of chapter 82 of the Hanover Park Municipal Code.

(2)  You must vacate this structure within 45 days of this notice

(3)  If you fail to vacate this structure, you will be subject to the penalties and fines with a minimum of $100.00 and a
maximum of $750.00 for each day you are in violation.

(Ord. No. O-98-72, 1(21-1/2 - 12), 1-7-1999)

Sec. 82-13  Owner violations

The following shall constitute violations of this chapter

(1)  Failure of the owner of a rental residential building to license such building with the code official.

(2)  Failure of the owner of  rental residential building to vacate all tenants from said building within 45 days after the license
 has been revoked.

(3)  Failure of the owner of the rental property to maintain the structure and premises in compliance with applicable building,
property maintenance and zoning ordinances in this Code

(Ord. No. O-98-72, 1(21-1/2-14), 1-7-1999)

Sec. 82-14  Other violations

The following shall constitute violations of this chapter;

(1)  Failure of the occupants of the rental residential property to vacate such property  within 45 days after receiving notice
 form the code official that such property is not properly licensed or that the license has been revoked.

(2)  Any person other than an inspector fro the department of community development who removes or defaces any notices
 which have been posted pursuant to this chapter without the approval of the code official shall be liable for the penalties provided for by this chapter.

(3)  It shall be unlawful for any person to consume an alcoholic beverage or possess alcoholic liquor except in the  original
 container with the seal unbroken, on the common area of a multiple-unit building, including all yards outside of a rental residential dwelling, except in areas designated by the owner of the rental residential dwelling, having advised the Police Department in writing.  These regulations shall not be effective until the owner of the rental  residential building posts signs providing reasonable notice of these regulations to persons entering the property.

(Ord. No. O-98-72, 1(21-1/2 - 15), 1-7-1999; Ord. No. O-08-53, 10-8-21-2008)

Sec. 82-15  Access for inspections

If any owner, property agent, occupant or other person in control of a rental residential property or a dwelling unit contained therein fails or refuses to consent to free access and entry to the property or dwelling unit under his control for any inspection pursuant to this chapter, the code official or his designee shall apply to the circuit court for an administrative search warrant or other appropriate court order authorizing such inspections.

(Ord. No. O-98-72, 1(1-1/2 - 16), 1-7-1999)

Sec. 82-16  Chapter does not affect leases

This chapter is not intended to and does not affect the right and obligations of the parties to a lease, oral  or written of a rental residential property.

(Ord. No. O-98-72, 1(21-1/2 - 17), 1-7-1999)

Sec. 82-17  Severability

If any provision or part thereof of this chapter is declared by a court of competent jurisdiction to be invalid and of no further force and effect, such invalidity shall not affect the remaining provisions of this chapter, which shall remain in full force and effect.

(Ord. No. O-98-72,  1(21-1/2 - 18) 1-7-1999)

Sec. 82-18  Penalty

(a)  Any owner, property agent, occupant or person who fails to comply with any section of this chapter applicable to him, and
 continues in this failure after due notice and opportunity to correct, given pursuant to this chapter, upon conviction thereof, shall be subject to a fine of not less than $100.00 nor more than $750.00 for each day each  section of this Code is violated after expiration of the time for correction of the violations.

(b)  Nothing in this chapter shall prevent the village from taking any other legal or equitable remedies available to the village,
including any emergency action permitted by law when any portion of the rental residential building is a danger to persons or property.

(Ord. No. O-98-72, 1(21-1/2 - 19), 1-7-1999)


















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