HomeMy WebLinkAbout2505 Administration of Land Development RegulationsOrdinance No. -~5-Og~'
AN ORDINANCE OF THE CITY OF PORT TOWNSEND CREATING A
NEW TITLE 20 OF THE PORT TOWNSEND MUNICIPAL CODE,
ENTITLED ADMINISTRATION OF LAND DEVELOPMENT
REGULATIONS, AND ADOPTING A NEW ENFORCEMENT AND
PENALTIES CHAPTER 20.10 OF THE PORT TOWNSEND
MUNICIPAL CODE, ENTITLED LAND USE ADMINISTRATION AND
ENFORCEMENT, TO APPLY TO VIOLATIONS OF LAND USE
ORDINANCES
WHEREAS, the City Council desires to update the enforcement and penalties
provisions of land use ordinances by modifying the requirement that the city pursue criminal
remedies as an exclusive remedy for violations of land use ordinances; and
WHEREAS, the City Council desires to make violations of land use ordinances
primarily a civil infraction, except for knowing or wilful violations or failure to comply with
a stop work or emergency order which may continue to be enforced as criminal
misdemeanors; and
WHEREAS, the City Council desires to combine the enforcement sections of the
various city codes into one chapter, in order to create one uniform procedure more easily and
consistently implemented by city staff; and
WHEREAS, the City Council desires to facilitate a broader public understanding of
the process of enforcing city codes and the consequences of violating city land use
ordinances; and
WHEREAS, the City Council desires to add a discretionary voluntary compliance
section to the departments' enforcement authority in order to encourage voluntary resolution
of enforcement problems; and
WHEREAS, the City Coundil desires to specifically declare all violations of land use
ordinances a public nuisance pursuant to civil remedies,
NOW, THEREFORE, the City Council of the City of Port Townsend, in regular
session assembled, does ordain as follows:
Section 1. A new Title 20 of the PTMC is created to include Administration of
Land Development Regulations. A new Chapter 20.10, Land Use Administration and
Enforcement is created to the PTMC to include all land use ordinance enforcement.
TITLE 20
ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS
Chapters:
20.01
20.02
20.03
20.04
20.05
20.06
20.07
20.08
20.09
20.10
(Reserved)
(Reserved)
(Reserved)
(Reserved)
(Reserved)
(Reserved)
(Reserved)
(Reserved)
(Reserved)
Land Use Administration and Enforcement
CHAPTER 20.10
LAND USE ADMINISTRATION AND ENFORCEMENT
Sections:
Article I. General Provisions
20.10.010
20.10.020
20.10.030
20.10.040
20.10.050
20.10.060
20.10.070
20.10.080
20.10.090
20.10.100
Authorization - Supersedure of enforcement/penalty provisions.
Definitions.
Right of entry/site inspection.
Abatement proceedings - Authorized.
Additional relief.
Criminal penalty.
Civil Penalties - Schedules.
Stop work order.
Emergency order.
Public nuisance declared.
Article II, Notices and Orders to Correct and/or Abate
20.10.110
20.10.120
20.10.130
20.10.140
Order to secure voluntary correction.
Notice and order - Issuance.
Appeal to city council.
Final order - Enforcement,
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Article IH. Suspension and Revocation of Permits
20.10.150
20.10.160
Suspension - Cause.
Revocation - Cause.
Article IV. Recovery of Civil Penalty and Cost of Abatement
20.10.170
20.10.180
20.10.190
Lien - Authorized.
Personal obligation - Authorized.
Lien - Foreclosure.
Article I. General Provisions
20.10.010 Authorization - Supersedure of enforcement/penalty provisions.
A. The directors are authorized to use procedures of this chapter in order to enforce
against violations of any land use or other ordinance within their administrative jurisdiction.
Such procedures are not exclusive but are supplemental to the civil and/or criminal
enforcement provisions of applicable state or federal law. Further, nothing in this chapter
shall be construed to prevent the building official or fire chief from following the
enforcement process and provisions of the Uniform Building Code, the Uniform Fire Code,
or any other standardized code duly adopted by the city.
B. Supersedure of Enforcement and Penalty Provisions of Other Land Use Ordinances -
Exception as to Subdivision Code. Unless provided otherwise in a particular land use
ordinance, as of the effective date of this chapter (March 1, 1996), the enforcement and
penalties procedures and provisions of this chapter supersede and replace the enforcement
penalties procedures and provisions of all land use ordinances, as defined below, codified in
the Port Townsend Municipal Code. The procedures and penalties of this chapter expressly
do not repeal and replace the penalties and enforcement provisions of the subdivision
code, Title 18 PTMC, but shall apply only to enforcement of conditions of final plat approval.
All other enforcement and penalty provisions of Title 18, as they now exist or are later
amended, shall remain in full force and effect.
20.10.020 Definitions.
For the purpose of this chapter, the words and phrases designed in this section shall be
defined as follows:.
A. "Director" or "directors" means the director(s) of the department of building and
community development, the department of public works, or such other person as the council
shall by ordinance authorize to utilize the provisions of this chapter, and shall also include
any duly authorized representative of such director(s).
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B. "Building official" means the person with the powers and duties set forth in the
Uniform Building Code, or his or her designee. This official may also be referred to as "the
inspector."
C. "Code enforcement officer" means the enforcement official of the department of
building and community development department or his or her designee. This officer may
also be referred to as "the inspector."
D. "Land use ordinance" includes any existing or future ordinances of the city which
regulate the use and development of land, including but not limited to the following
ordinances and amendments thereto: the streets and sidewalks code (Title 12 PTMC); the
fire code (Title 15 PTMC); the buildings and construction code (Title 16 PTMC); the zoning
code (Title 17 PTMC); the subdivision code (Title 18 PTMC) as limited by Section
20.10.010(B) above; and the environmental protection code (Title 19 PTMC).
E. "Permit" means any form of certificate, approval, registration, license or other
written permission given to any person to engage in any activity as required by law,
ordinance or regulation.
F. "Person" as used in this chapter, includes any owner, person, firm, organization,
corporation or partnership and their agents, representative or assigns.
20.10.030 Right of entry/site inspection.
A. Whenever necessary to make an in spection to enforce or determine compliance with
the provisions of any land use ordinance, or whenever a director or his/her duly authorized
inspector has reasonable cause to believe that a violation of any land use ordinance has been
or is being committed, an inspector may enter any building, structure, property or portion
thereof at reasonable times to inspect the same.
B. If such building, structure, property or portion thereof is occupied, the inspector
shall present identification credentials, state the reasons for the inspection and request entry.
C. If such building, structure, property or portion thereof is unoccupied, the inspector
shall first make a reasonable effort to locate the owner or other persons having charge or
control of the building, structure, property or portion thereof and request entry. If the
inspector is unable to locate the owner or such other persons, and he or she has reason to
believe that conditions therein create an immediate and irreparable land use or safety hazard,
he or she shall make entry.
D. It is unlawful for any owner or occupant or any other person having charge, care or
control of any building, structure, property or portion thereof to fail or neglect after proper
request has been given to permit prompt entry where the inspector has reason to believe that
conditions therein create an immediate and irreparable land use or safety hazard.
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E. Unless entry is consented to by the owner or person in control of any building,
structure, property or portion thereof or conditions are believed to exist which create an
immediate and irreparable land use or safety hazard, the inspector, prior to entry shall obtain
a search warrant as authorized by applicable law.
F. Any person submitting an application for any land use permit shall be deemed to
have consented to on-site inspection of their property for the purpose of assessing compliance
with city land use ordinances.
20.10.040 Abatement proceedings - Authorized.
In addition to or as an alternative to any other judicial or administrative remedy provided in
this chapter or by law or other ordinance, a director may order a land use ordinance violation
to be abated. A director may order any person who creates or maintains a violation to
commence corrective work and to complete the work within such time as the director
determines reasonable under the circumstances. If the required corrective work is not
commenced or completed within the time specified, the director may proceed to abate the
violation and cause the work to be done, charging the costs as a lien against the property and
as both a joint and separate personal obligation of any person who is in violation.
20.10.050 Additional relief.
Notwithstanding the existence or use of any other remedy, a director may seek legal or
equitable relief to enjoin any acts or practices or abate any conditions which constitute or will
constitute a violation of any land use ordinance or rules and regulations adopted under such
ordinance when civil or criminal penalties are inadequate to effect compliance.
20.10.060 Criminal penalty.
As an alternative to any other judicial or administrative remedy provided in this chapter, any
person who willfully or knowingly violates or fails to comply with any stop work order or
emergency order, issued by a director pursuant to this chapter, is guilty of a misdemeanor
and upon conviction shall be punished by a fine of not more than $1,000 or by imprisonment
for not more than 180 days, or by both such fine and imprisonment. Each day such violation
or failure to comply continues shall be considered an additional misdemeanor offense.
20.10.070 Civil penalties - Schedules.
A. Any person who violates any land use ordinance, or rules or regulations adopted
under such ordinance, or the conditions and/or mitigation measures of any permit issued
pursuant to such ordinance, rule or regulation, or who, by any act or omission procures, aids
or abets such violation shall be subject to civil penalties as provided in this section.
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1. Civil penalties may be directly assessed by a director by means of a formal
notice and order issued pursuant to this chapter or may be recovered by legal action filed in
Jefferson County Superior Court by the city attorney on behalf of the city of Port Townsend.
2. Civil penalties assessed by means of a formal notice and order shall be
collected in accordance with the lien, personal obligation and other procedures specified in
this chapter. Civil penalties assessed in a legal action in superior court shall be collected in
the same manner as judgments in civil actions.
3. Civil penalties shall be a-cumulative penalty in the amount of $100 per day for
each violation. Penalties for the second separate violation of a like nature by the same
person within a period of 2 years shall be double that rate.
4. Each and every day or portion thereof during which any violation is
committed, continued, permitted or not corrected shall be deemed a violation for purposes of
this chapter. Civil penalties for violation of any formal notice and order to correct the
violation, stop work order, emergency order or any other order issued by a director pursuant
to this chapter (except an order to secure voluntary correction) shall begin to accrue on the
first day the order is served and shall cease on the day the violation is actually stopped or the
correction is completed.
5. In addition to the penalties set forth in paragraph 4 above, violations causing
significant damage as defined by the following acts may also be assessed penalties at an
amount reasonably determined by a director to be equivalent to the economic benefit that the
violator derives from the violation, as measured by the greater of the resulting increase in
market value of the property or the value received by the violator, or savings of construction
costs realized by the violator:
a. Grading (filling and/or excavation), cleating of vegetation and trees, and
draining of riparian corridors, wetlands and their buffers; or
b. Destruction of landmark, significant or unique trees as defined by city
ordinance or adopted design standards manual, including removing limbs or tree-topping
detrimental to such trees.
5. Payment of a civil penalty pursuant to this chapter does not relieve a person of
the duty to correct or remediate the violation as ordered by a director.
B. In addition to any other penalty under this section, a director is authorized to
suspend or revoke any permits issued pursuant to any land use ordinance as further set forth
in this chapter.
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20.10.080 Stop work order.
Notwithstanding any other provision of this chapter, whenever a continuing violation of any
land use ordinance will materially impair a director's ability to secure compliance with the
ordinance, when the continuing violation threatens the health or safety of the public, or when
the continuing violation threatens or harms the environment, the director may issue a stop
work order specifying the violation and prohibiting any work or other activity at the site.
The order may be posted'on the subject property or may be served on persons engaged in
any work in violation of this chapter. The effect of such order shall be to require the
immediate cessation of such work or activity, unless and until authorized by the director to
proceed. In the event the director issues a stop work order, the voluntary correction
procedures of Section 20.10.110 and the formal notice and order provisions of Section
20.10.120 shall not apply. A failure to comply with a stop work order shall constitute a
violation of this chapter.
20.10.090 Emergency order.
Notwithstanding any other provision of this chapter, whenever any use or activity in violatiOn
of any land use ordinance threatens the health and safety of the-occupants of the premises or
property, any member of the public or the environment, a director may issue an emergency
order directing that the use or activity be discontinued and the condition causing the threat to
the public health and safety or threat and harm to the environment be corrected. The
emergency order shall specify the time for compliance and shall be posted in a conspicuous
place on the property, if posting is physically possible. In the event the director issues an
emergency order, the voluntary correction procedures of Section 20.10.110 and the formal
notice and order provisions of Section 20.10.120 shall not apply. A failure to comply with
an emergency order shall constitute a violation of this chapter.
20.10.100 Public nuisance declared.
Pursuant to the authority granted in RCW 35.23.331 and 35.23.440(10) as well as any other
applicable statutory or constitutional provision, all violations of land use ordinances or any
failure to comply with a notice and order, stop work order or emergency order issued
pursuant to this chapter are determined to be detrimental to the public health, safety and
welfare and are declared public nuisances. All conditions which are determined by a director
to be in violation of any land use ordinance shall be subject to the provisions of this chapter
and shall be corrected by any reasonable and lawful means, as provided in this chapter.
Article H. Notices and Orders to Correct and/or Abate
20.10.110 Order to secure voluntary correction.
A. Issuance. Whenever a director determines that a violation has occurred or is
occurring, such director may, if he or she deems it appropriate under the circumstances,
pursue reasonable attempts to secure voluntary correction, failing which he/she may order
correction and pursue civil penalties pursuant to Section 20.10.120 below.
B. Content. The director shall include the following in the order to secure voluntary
correction:
1. The street address, when available, and a legal description of real property
and/or description of personal property sufficient for identification of where the violation
occurred or is located;
2. A statement that the director has found the person to be in violation of a land
use ordinance, with a brief and concise description of the conditions found to be in violation
and a reference to the city regulation(s) which has been violated; and
3. A statement setting forth the corrective action required to be taken and a date
or time by which correction is to be completed, provided, however, that in no event shall the
time given for voluntary correction of the violation be greater than 60 calendar days, except
as provided in subsection D below.
4. A statement that if the violation is not corrected voluntarily within the time
period stated, civil enforcement action shall be taken against the violator, to include
monetary civil penalties, and/or abatement proceedings enforceable as a lien against the
property and as a joint and personal obligation of any person who is in violation, and/or such
other enforcement action as deemed appropriate by the director.
C. Service of Order. A director shall serve the order to voluntarily correct violation
upon the person to whom it is directed, either personally or by mailing a copy of the order to
correct violation to such person at his/her last known address. If the address of any such
person cannot be readily ascertained, a copy shall be mailed to such person at the address of
the location of the violation. The failure of any such person to receive such notice shall not
affect the validity of any proceedings taken under this chapter. Service by mail in the
manner provided in this section shall be effective on the date of postmark. The order may
be, but is not required to be, posted on the subject property.
D. Extension. Upon written request received prior to the correction date, a director
may, for good cause shown, grant an extension of the date set for correction for an amount
of time as deemed reasonable by the director. The director may only consider as good cause
(1) substantial completion of the necessary correction, or (2) unforeseeable circumstances not
caused by the person so as to make completion impossible by the date established.
E. The voluntary compliance order is optional with a director, and is not a prerequisite
to using the enforcement provisions described in this chapter.
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20.10.120 Notice and order - Issuance.
A. Whenever the voluntary correction process set forth in Section 20.10.*l~'is
unsuccessful, or a director believes ~that the violation will be most promptly and equitably
terminated by an immediate administrative notice and order proceeding (also referred to as a
"formal notice and order"), he or she shall issue a written notice and order directed either to
the. owner or operator of the source of the violation, the person in possession of the property
where the violation originates or the person otherwise causing or responsible for the
violation.
B. The formal notice and order shall contain:
1. The street address, when available, and a legal description of real property
and/or description of personal property sufficient for identification of where the violation
occurred or is located;
2. A statement that the director has found the person to be in violation of a land
use ordinance, with a brief and concise description of the conditions found to be in violation
and a reference to the city regulation(s) which has been violated;
3. A statement of the corrective action required to be taken. If the director has
determined that corrective work is required, the notice and order shall require that all
required permits be secured, that work physically be commenced and that the work be
completed within such times as the director determines are reasonable under the
circumstances;
4. A statement specifying the amount of any civil penalty assessed on account of
the violation and, if applicable, the conditions on which assessment of such civil penalty is
contingent;
5. Statements advising that:
(a) if any required work is not commenced or completed within the times
specified, the director will proceed to cause abatement of the violation and cause the work to
be done and charge the costs as a lien against the property and as a joint and separate
personal obligation of any person in violation, and
(b) if any assessed civil penalty is not paid, the director will charge the amount
of the penalty as a lien against the property and as a joint and separate personal obligation of
any person in violation;
(c) a statement advising:
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(i) that the notice and order may be appealed within 15 calendar days
from the date of the notice and order to the Port Townsend city council pursuant to the
provisions of Chapter 1.14 PTMC;
(ii) that the appeal shall be accompanied by an appeal fee in an amount
set forth in Chapter 3.36.018 PTMC;
(iii) that any per day civil penalty shall not accrue during the pendency
of such administrative appeal, unless the city council determines that the appeal is frivolous
or intended solely to delay compliance; and
(iv) that a failure to file a timely and complete appeal will constitute a
waiver of all rights to an administrative appeal under city code.
C. Service of the notice and order shall be made upon all persons identified in the
notice and order either personally or by mailing a copy of such notice and order. If the
address of any such person cannot reasonably be ascertained, a copy of the notice and order
shall be mailed to such person at the address of the location of the violation. The failure of
any such person to receive such notice shall not affect the validity of any proceedings taken
under this chapter. Service by mail in the manner provided in this section shall be effective
on the date of postmark. The notice and order may be, but is not required to be, posted on
the subject property.
20.10.130 Appeal to city council.
A. Appeal. A person to whom a formal notice and order or an abatement order is
directed may appeal such order by filing a written notice of appeal with the applicable
department within 15 calendar days from the date of the notice and order to the city council
pursuant to the provisions of Chapter 1.14 PTMC.
B. Fee. The appeal shall be accompanied by an appeal fee in an amount set forth in
Chapter 3.36.018 PTMC.
C. Stay. Any per day civil penalty shall not accrue during the pendency of such
administrative appeal unless the city council determines that the appeal is frivolous or
intended solely to cause delay. Enforcement of any formal notice and order or abatement
order of a director issued pursuant to this chapter shall be stayed during the pendency of any
appeal under this chapter, except when the director issues an emergency order and/or stop
work order pursuant to Sections 20.10.080 and 20.10.090 of this chapter.
D. Waiver. Failure to file a timely and complete appeal will constitute a waiver of all
fights to an administrative appeal under city code.
E. Administrative Conference - Supplemental notice and order~ At any time prior to
the convening of an appeal heating of a formal notice and order issued pursuant to Section
20.10.120, an informal administrative conference may be conducted by a director for the
purposes of bringing communications between concerned parties and providing a forum for
efficient resolution of any violation. A director may call a conference on his or her own
initiative or in response to a request from the appellant. As a result of information
developed at the conference, the director may affirm; modify or revoke the order. If the
order is to be modified, a supplemental notice and order shall be issued which shall be
subject to the same procedures applicable to all notices and orders contained in this chapter.
The administrative conference is optional with a director, and is not a prerequisite to
utilization of any of the enforcement provisions described in this chapter.
20.10.140 Final order - Enforcement.
A. If, 'after any order duly issued by a director has become final, the person to whom
such order is directed fails, neglects or refuses to obey such order, including refusal to pay a
civil penalty assessed under such order, the director may:
1. Institute any appropriate action to collect a civil penalty assessed under this
chapter; and/or
2. Abate the land use violation using the procedures of this chapter; and/or
3. File in the Jefferson County auditor's office a certificate describing the
property and the violation and' stating that the owner has been so notified; and/or
and/or
Pursue criminal penalties as set forth in Section 20:10.060 of this chapter;
5. Pursue any other appropriate remedy at law or equity under this chapter.
Ao
for:
Article HI, Suspension and Revocation of Permits
20.10.150 Suspension - Cause.
A director may temporarily suspend any permit issued under a land use ordinance
1. Failure of the holder to comply with the requirements of any land use
ordinance, or rules or regulations adopted thereunder; or
2. Failure to comply with any order issued pursuant to this chapter; or
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use permit.
Failure to comply with the conditions and/or mitigation measures of anY land
B. Such permit suspension shall be carried out through the notice and order provisions
of this chapter and shall be effective upon service of the notice and order upon the holder or
operator. The holder or operator may appeal the suspension as provided by Section
20.10.130 of this chapter.
C. Notwithstanding any other provision of this chapter, whenever a director finds that a
violation of any land use ordinance, or rules and regulations adopted thereunder, has created
immediate and irreparable hazard, he or she may, without service of a written notice and
order, immediately suspend and terminate operations under the permit.
20.10.160 Revocation - Cause.
A. A director may permanently revoke any permit issued by such director for:
1. Failure of the holder to comply with the requirements of any land use
ordinance, or rules or regulations promulgated thereunder; or
Failure of the holder to comply with any order issued pursuant to this chapter;
or
3. Interference with a director in the performance of his/her duties; or
4. Discovery by a director that a permit was issued in error or on the basiS of
incorrect information supplied to the city.
B. Such permit revocation shall be carried out through the notice and order provisions
of this chapter and shall be effective upon service of the notice and order upon the holder or
operator. The holder or operator may appeal such revocation as provided by Section
20.10.130 of this chapter.
C. A permit may be suspended pending its revocation or a related hearing.
Article IV. Recovery of Civil Penalty and Cost of Abatement
20.10.170 Lien - Authorized.
The City of Port Townsend shall have a lien for any civil penalty imposed or for the cost of
any abatement work done pursuant to this chapter, or both, against the real property on
which the civil penalty was imposed or any of the abatement work was performed.
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20.10.180 Personal obligation - Authorized.
The civil penalty and the cost of abatement are also joint and separate personal obligations of
any person in violation. The city attorney on behalf of the City of Port Townsend may
collect the civil penalty and abatement work costs by use of all appropriate legal remedies.
20.10.190 Lien - Foreclosure.
A. Filing. A director shall cause a claim for lien to be filed for record in the Jefferson
County auditor's office within 90 days from the date the civil penalty is due or within 90
days from the date of completion of the abatement work performed pursuant to this chapter.
B. Contents. The claim of lien shall contain the following:
or both;
The authority for imposing a civil penalty or proceeding to abate the violation,
2. A brief description of the civil penalty imposed or the abatement work done,-
or both, including the violations charged and the duration thereof, including the time the
work is commenced and completed and the name of the persons or organizations performing
the work;
alleged; and
A legal description of the property to be charged with the lien;
The name of the known or reputed owner, and, if not known, the fact shall be
5. The amount, including lawful and reasonable costs for which the lien is
claimed.
C. Verification. A director or his/her authorized representative shall sign and verify
the claim by oath to the effect that the affiant believes the claim is just.
D. Amendment. The claim of lien may be amended in case of action brought to
foreclose same, by order of the court, insofar as the interests of third parties shall not be
detrimentally affected by amendment.
E. Foreclosure. The lien provided by this chapter may be foreclosed and enforced by
a civil action in a court having jurisdiction. All persons who have legally filed claims of
liens against the same property prior to commencement of the action shall be joined as
parties, either plaintiff or defendant. (Ord. o~ 5'05'" § 1, 1996.)
Section 2. Severability. If any clause, sentence, paragraph, section or part of this
Ordinance or its application to any person or circumstance is held to be invalid or
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unconstitutional by a court of competent jurisdiction, such order or judgment shall not affect
the validity or constitutionality of the remainder of any part of this Ordinance. To this end,
the provisions of each clause, sentence, paragraph, section or part of this law are declared
severable.
Section 3, Effective date. This ordinance shall be in full force and effect on March 1,
1996, after its passage, approval, and publication in the manner provided by law.
Read for the first, second, and third times and passed by the City Coun.9il of the City of
Port Townsend, Washington, at a regular meeting thereof, held this ~o'r"day of February,
1996.
Julie M¢Culloch, Mayor
Attest: i /,
Michael Hildt,~Acting City Clerk
2~i~ahan, Cit~-~torney
1/30/96 [95-079] CA§ORD\Enforce{Ch20-10.doc}
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