HomeMy WebLinkAbout1981-2560 FLOOD HAZARD & FLOODWAYS; TERMS, STANDARDS, AND PERMITS . ORDINANCE NO. 2560
AN ORDINANCE relating to building regulations; defining terms, adopt-
,
. ing standards and requiring a development permit and
providing for the administration of the standards and
• requirements for constructing in areas of special flood
hazard and floodways; and enacting Chapter 11.58, "Flood
Damage Prevention", and Sections 11.58.010, 11.58.020,
11.58.030, 11.58.040, 11.58.050, 11.58.060, 11.58.070,
11.58.080, 11.58.090, 11.58.100, 11.58.110, 11.58.120,
11.58.130 11.58.140, 11.58.150 and 11.58.160 thereof, as
a new Chapter and new sections of the City of Yakima
Municipal Code.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Chapter 11,58, "Flood Damage Prevention", and Sections
11.58.010,. 11.58.020, 11.58.030, 11.58.040, 11.58.050, 11.58.060, •
• 11.58.070, 11.58.080, 11.58.090, 11.58,100, 11.58.110, 11.58.120,
• 11.58.130, 11.58.140, 11.58.150 and 11.58.160 thereof, are hereby en-
acted as a new diapter and new sections of the City of Yakima Municipal
Code to read as follows:
"Chapter 11.58
FLOOD DAMAGE PREVENTION
11.58.010. Statement of Purpose
A. It is the purpose of this Chapter to provide minimum standards
to promote the public health, safety, and general welfare, and to min-
imize losses due to flood conditions in specific areas by provisions
designed:
(1) To protect human life and health;
(2) To minimize expenditure of public ,money and costly flood
control projects;
• (3) To minimize the need for rescue and relief efforts associated
with flooding and generally undertaken at the expense of the
• general public;
(4) To minimize prolonged business interruptions;
(5) TO minimize damage to public facilities and utilities such as
water and gas mains, electric, telephone and sewer lines,
streets and bridges located in areas of special flood hazard;
(6) To help maintain a stable tax base by providing for the sound
use and development of areas of special flood hazard so as to
minimize future flood blight areas;
(7) To ensure that potential buyers are notified that property is
in an area of special flood hazard; and,
(8) To ensure that those who occupy the areas of special flood
- hazard assume responsibilities for their actions.
B. The City's enactment or enforcement of this Chapter shall not
be construed for the benefit of any individual person or group of per-
sons other than the general public. In the event of a conflict between
Illk • the intent of the sub-section 11.58.010B and any other provision of this
. Chapter, this sub-section shall govern insofar as applicable.
11.58.020. Methods of Reducin. Flood Losses
In order to accomplish its purposes, this Chapter includes methods
and provisions for:
• (1) Restricting or prohibiting uses which are dangerous to health,
• safety, and property due to water or erosion hazards, or which
result in damaging increases in erosion or in flood heights or
• velocities;
(2) •Requiring that uses vulnerable to floods, including facilities
which serve sucth uses, be protected against flood damage at
the time of initial construction;
4
(3) Controlling the alteration of natural flood plains, stream
channels, and natural protective barriers, which help accom-
modate or Channel flood waters;
(4) Controlling filling, grading, dredging, and other development
which may increase flood damage; and
(5) Preventing or regulating the construction of flood barriers
which will unnaturally divert flood waters or which may in-
crease flood hazards in other areas.
11.58.030. Definitions
III/
Unless specifically defined below, words or phrases in this Chapter
shall be interpreted so as to give them the meaning they have in common
usage and to give this Chapter its most reasonable application. The
following words, phrases and terms as used in this Chapter shall have
the following meaning ascribed to them, unless a different meaning
clearly appears from the context:
"APPEAL" means a request for a review of the interpretation by the
Director of Community and Economic Development of any provision of
this ordinance or a request for a variance.
"AREA OF SHALLOW FLOODING" means a designated AO or AH Zone on the
Flood Insurance Rate Map (FIRM). The base flood depths range from
one to three feet; a clearly defined Channel does not exist; the
path of flooding is unpredictable and indeterminate; and, velocity
flow may be evident.
"AREA OF SPECIAL FLOOD HAZARD" means the land in the flood plain
within a community subject to a one percent or greater chance of
flooding in any given year.
"BASE FLOOD" means the flood having a one percent chance of being
equalled or exceeded in any given year.
"DEVELOPMENT" means any man-made change to improved or unimproved
real estate, including but not limited to buildings or other struc-
tures, mining, dredging, filling, grading, paving, excavation or
drilling operations located within the area of special flood haz-
ard.
"EXISTING. MOBILE HOME PARK OR MOBILE HOME SUBDIVISION" means a
parcel (or contiguous parcels) of land divided into two or more
mobile home lots for rent or sale for which the construction of
facilities for servicing the lot on which the mobile home is to be
affixed (including, at a minimum, the installation of utilities,
either final site grading or the pouring of concrete pads, and the
construction of streets) is completed before the effective date of
this ordinance.
"EXPANSION TO AN EXISTING MOBILE HOME PARK OR MOBILE HOME SUB-
DIVISION" means the preparation of additional sites by the con-
struction of facilities for servicing the lots on which the mobile
homes are to be affixed (including the installation of utilities,
either final site grading or pouring of concrete pads, or the
construction of streets).
"FLOOD" or "FLOODING" means a general and temporary condition of
partial or complete inundation of normally dry land areas from:
(1) The overflow of inland or tidAl waters and/or
(2) The unusual and rapid accumulation of runoff of surface 410
waters from any source.
"FLOOD INSURANCE RATE MAP" (FIRM) means the official map on which
the Federal Insurance Administration has delineated both the areas
of special flood hazards and the risk premium zones applicable to
the community.
"FLOOD INSURANCE STUDY" means the official report provided by the
Federal Insurance Administration that includes flood profiles, the
Flood Boundary-Floodway Map, and the water surface elevation of the
base flood.
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"FLOODW.f" means the channel of a river or other watercourse and
the adjacent land areas that must be reserved in order to disdharge
the base flood without cumulatively increasing the water surface
elevation more than one foot.
"HABITABLE FLOOR" means any floor usable for living purposes, which
includes working, sleeping, eating, cooking or recreation, or a
combination thereof. A floor used only for storage purposes is not
a "habitable floor".
0110 • "MOBILE HOME" means a structure that is transportable in one or
more sections, built on a permanent chassis, and designed to be
used with or without a permanent foundation when connected to the
required utilities. It does not include recreational vehicles or
travel trailers.
"NEW CONSTRUCTION" means structures for which the "start of con-
struction" comnenc-' on or after the effective date of this ord-
• inance.
"NEW MOBILE HOME PAM OR MOBILE HOME SUBDIVISION" means a parcel
(or contiguous parcels) of land divided into two or more mobile
home lots for rent or sale for which the construction of facilities
for servicing the lot (including, at a minimum, the installation of
utilities, either final site grading or the pouring of concrete'
pads, and the construction of streets) is completed on or after the
effective date of this ordinance.
"SHALL" means: •-
(a) With respect to the functions and powers of the Director
of Community and Economic Development, any agents and employees of
• the City of Yakima and any board authorized hereunder, direction
and authorization to act in the exercise of sound discretion and
good faith.
(b) With respect to the obligations upon owners and occupants
of premises and their agents, a mandatory requirement to act in
compliance with this Chapter at the risk of civil and criminal
liability upon failure so to act.
"START OF CONSTRUCTION" means the first placement of permanent
construction of a structure (other than a mobile home) on a site,
such as the pouring of slabs or footings or any work beyond the
• stage of excavation. Permanent construction does not include land
preparation, such as clearing, grading, and filling, nor does it
include the installation of streets and/or walkways; nor does it
include excavation for a basement, footings, piers or foundations
• or the erection of temporary forms; nor does it include the in-
stallation on the property of accessory buildings, such as garages
or sheds not occupied as dwelling units or not as part of the main
structure. For a structure (other than a mobile home) without a
basement or poured footings, the "start of construction" includes
• the first permanent framing or assembly of the structure or any
• part thereof on its piling or foundation. For mobile homes not
within a mobile home park or mobile home subdivision, "start of
• construction" means the affixing of the mobile home to its per-
manent site. For mobile homes within mobile have parts or mobile
• home subdivisions, "start of construction" is the date on which the
construction of facilities for servicing the site on which the
mobile home is to be affixed (including, at a minimum, the con-
struction of streets, either final site grading or the pouring of
• concrete pads, and installation of utilities) is completed.
• "STRUCTURE" means a walled and roofed building or mobile home that
• is principally above ground.
"SUBSTANTIAL IMPROVEMENT" means any repair, reconstruction, or
improvement of a structure, the cost of which equals or exceeds 50
percent of the market value of the structure either:
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(1) before the improvement or repair is started, or
(2) if the structure has been damaged and is being restored,
before the damage occurred. For the purposes of this
• definition, "sUbstantial improvement" is considered to
occur when the first alteration of any wall, ceiling,
floor, or other structural part of the building com-
mences, whether or not the alteration affects the ex-
ternal dimensions of the structure.
The term does not, however include either:
Illo
(1) any project for improvement of a structure to comply with
existing state or local health, sanitary, or safety code
specifications whicth are solely necessary to assure safe
living conditions, or
(2) any alteration of a structure listed on the National
Register of Historic Places or a State Inventory of
Historic Places.
"VARIANCE" means a grant of relief from the requirements of this
• ordinance which permits construction in a manner that would other-
wise be prohibited by this ordinance.
11.58.040. Lands To Which This Ordinance Applies
• This Chapter shall apply to all areas of special flood hazards
within the jurisdiction of the City of Yakima.
11.58.050. Adoption of Flood Insurance Study - Establishing Areas
• of Special Flood Hazard
• A. The Flood Insurance Study for the City of Yakima", dated
December 15, 1981, and accompanying Flood maps, (three copies of whidh
are filed with the Office of the Yakima City Clerk) are hereby adopted
as an official study and official maps of the City of Yakima; and as by
this reference declared to be a part of this Chapter and incorporated in
this Sub-section.
B. The areas of special flood hazard identified by the official
study and maps adopted by Sub-section A. of this Section are hereby
designated and established as special flood hazard areas for the purpose
of inteLlaceting and administering this Chapter.
11.58.060. csaliance
No structure or land hereafter shall be constructed, located,
extended, converted, or altered without full compliance with the terms
of this and other applicable laws, rules and regulations.
• 11.58.070. Abrogation and Greater Restrictions
This Chapter is not intended to repeal, abrogate, or impair any
existing easements, convenants, or deed restrictions. However, where
this Chapter and another ordinance, easement, covenant, or deed re-
striction conflict or overlap, whichever imposes the more stringent
• restrictions shall prevail.
• 11.58.080. Interpretation
In the interpretation and application of this Ch-.ter, all pro-
visions shall be:
• • 110
(1) Considered as minimum requirements;
• (2) Liberally construed in favor of the governing body; and,
(3) Deemed neither to limit nor repeal any other powers granted
under state statutes.
• 11.58.090. Warning and Disclaimer of Liability
The degree of flood protection required by this Chapter is con-
sidered reasonable for regulatory purposes and is based on scientific
and engineering considerations. Larger floods can and will occur on
rare occasions. Flood heights may be increased by man or natural
causes. This Chapter does not imply that land outside the areas of
special flood hazards or uses permitted within such areas will be free
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from flooding or flood damages. This Chapter shall not create liability
on the part of the City of Yakima, any officer or employee thereof, or
the Federal Insurance Administration, for any flood damages that result
from reliance on this Chapter or any administrative decision lawfully
made thereunder.
11.58.100. Establishment of Development Permit
A Development Permit shall be obtained before construction or
development begins within any area of special flood hazard established
in Section 11.58.050 of this Chapter. The permit shall be for all
structures including mobile homes, as set forth in the "Definitions",
(Section 11.58.030 of this Chapter) and for all other development in-
cluding fill and other aeLivities, also as set forth in the "Defin-
itions." Application for a development permit shall be made on forms
furnished by the Director of Community and Economic Development and may
include,. but not be limited to; plans in duplicate drawn to scale show-
ing the nature, location, dimensions, and elevations of the area in
question; existing or proposed structures, fill, storage of materials,
drainage facilities; and the location of the foregoing. Specifically,
the following information is required:
(1) Elevation in relation to mean sea level, of the lowest floor
(including basement) of all structures;
(2) Elevation in relation to mean sea level to which any structure
has been floodproofed;
(3) Certification by a registered professional engineer or archi-
tect that the floodproofing methods for any nonresidential
structure meet the floodproofing criteria in Section 11.58.150
2 of this Chapter;
(4) Description of the extent to which any watercourse will be
• 'altered or relocated as a result of proposed development.
11.58.110. Designation of the Director of Community and
. Economic Development
The Director of COmmunity and Economic Development is hereby ap-
pointed to administer and implement this Chapter by granting or denying
development permit applications in accordance with its provision.
11.58.120. Duties and Responsibilities of the Director of Community
and Econanic Development
Duties of the Director of Community and Economic Development shall
include, but not be limited to:
1. Permit Review
(1) Review all development permits to determine that the
permit requirements of this Chapter have been satisfied.
• (2) Review all development permits to determine that all
necessary permits have been obtained from those federal,
state or local governmental agencies from which prior
approval is required.
(3) Review all development permits to determine if the pro-
posed development is located in the floodway. If located
in the floodway, assure that the encroachment provisions
of Section 11.58.160 (1) of this Chapter are met.
2. Use of Other Base Flood Data
When base flood elevation data has not been provided in ac-
110 cordance with Section 11.58.050 of this Chapter, the Director
of Community and Economic Development shall Obtain, review,
and reasonably utilize any base flood elevation data available
from a federal, state or other source, in order to administer
Sections 11.58.150 and 11.58.150 2 of this Chapter.
3. Information to be Obtained and Maintained
(1) Obtain and record the actual elevation (in relation to
mean sea level) of the lowest habitable floor (including
basement) of all new or substantially improved struc-
,
tures, and whether or not the structure contains a base-
. •ment.
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_ _
(2) For all new or substantially improved floodproofed struc-
tures:
(a) verify and record the actual elevation (in relation
to mean sea level), and
(b) maintain the floodproofing certifications required
in Section 11.58.100 (3) of this Chapter
(3) Maintain for public inspection all records pertaining to
the provisions of this Chapter.
4111i
4. Alteration of Watercourses
(1) Notify adjacent communities and the Washington State
Department of Ecology prior to any alteration or relo-
cation of a watercourse, and submit evidence of such
notification to the Federal Insurance Administration.
(2) Require that maintenance is provided within the altered
or relocated portion of said watercourse so that the
flood carrying capacity is not diminished.
5. Interpretation of FIRM Boundaries
Make interpretations where needed, as to exact location of the
boundaries of the areas of special flood hazards (for example, •
where there appears to be a conflict between a mapped boundary
and actual field conditions). The person contesting the
Location of the boundary shall be given a reasonable oppor-
tunity to appeal the intelpletation as provided in Section
11.58.130 of this Chapter.
11.58.130. Variance Procedure
•
A. Appeal Board
(1) The Board of Adjustment of the City shall hear and decide
appeals and requests for variances from the requirements
of this Chapter.
(2) The Board of Adjustment of the City shall hear and decide
appeals when it is alleged there is an error in any
requirement, decision, or determination made by the
Director of Community and Economic Development in the
enforcement or administration of this Chapter.
(3) Those aggrieved by the decision of the Board of Adjust-
ment of the City or any taxpayer, may appeal such dec-
ision to the Superior Court of the State of Washington.
(4) In passing upon such applications, the Board of Adjust-
ment shall consider all technical evaluations, all rele-
vant factors, standards specified in other sections of
this Chapter, and:
(a) the danger that materials may be swept onto other
lands to the injury of others;
(b) the danger to life and property due to flooding or
erosion damange;
(c) the susceptibility of the proposed facility and its
contents to flood damage and the effect of such
damage on the individual owner;
(d) the importance of the services provided by the
proposed facility to the community;
(e) the necessity to the facility of a waterfront loca-
tion, where applicable; 11"
(f) the availability of alternative locations, for the
proposed use which are not subject to flooding or
erosion damage;
(g) the compatibility of the proposed use with existing
and anticipated development.
(h) the relationship of the proposed use to the compre-
hensive plan and flood plain management program for
that area;
(i) the safety of access to the property in times of
flood for ordinary and emergency vehicles;
(j) the expected heights, velocity, duration, rate of
rise, and sediment transport of the flood waters and
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the effects of wave action, if applicable, expected
at the site; and
(k) the costs of providing governmental services during
and after flood conditions, including maintenance
and repair of public utilities and facilities such
as sewer, gas, electrical, and water systems, and
streets and bridges.
(5) Generally, variances may be issued for new construction
and substantial improvements to be erected on a lot of
one-half acre or less in size contiguous to and sur-
rounded by lots with existing structures constructed
below the base flood level, providing items (a-k) in
Section 11.58.130 A (4) of this Chapter have been fully
considered. As the lot size increases beyond the one-
half acre, the technical justification required for
issuing the variances increases.
(6) Upon consideration of the factors of Section 11.58.130 A
(4) and the purpose of this Chapter, the Board of Adjust-
ment may attach such conditions to the granting of vari-
ances as it deems necessary to further the purposes of
this Chapter. The Director of Community and Economic
Development shall maintain the records of all appeal
actions and report any variances to the Federal Insurance
Administration upon request.
B. Conditions for Variances
(1) Variances may be used for the reconstruction, rehab-
ilitation or restoration of structures listed on the
National Register of Historic Places or the State Inven-
tory of Historic Places, without regard to the procedures
set forth in the remainder of this section.
(2) Variances shall not be issued within any designated
flocdway if any increase in flood levels during the base
flood discharge would result.
(3) Variances shall only be issued upon a determination that
the variance is the minimum necessary, considering the
flood hazard, to afford relief.
(a) a showing of good and sufficient cause;
(b) a determination that failure to grant the variance
would result in exceptional hardship to the appli-
cant; and
(c) a determination that the granting of a variance will
not result in increased flood height, additional
threats to public safety, extraordinary public
expense, create nuisances, cause fraud on or victim-
ization of the public as identified in Section
11.58.130 A (4) or conflict with existing local laws
or ordinances.
(5) Any applicant to whom a variance is granted shall be
given written notice that the structure will be permitted
to be built with a lowest floor elevation below the base
flood elevation and that the cost of flood insurance will
be ccmmensurate with the increased risk resulting from
the reduced lowest floor elevation.
11.58.140. General Standards
In all areas of special flood hazards the following standards are
required:
1. Anchoring
(1) All new construction and substantial improvements shall
be anchored to prevent flotation, collapse or lateral
movement of the structure.
(2) All mobile homes shall be anchored to resist flotation,
collapse, or lateral movement by providing over-the-top
and frame ties to ground anchors. Specific requirements
shall be that: •
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(a) aver-the-top ties be provided at each of the four
corners of the mobile home, with two additional ties
per side at intermediate locations, with mobile
homes less than 50 feet long requiring one addit-
icmal tie per side;
(b) frame ties be provided at each corner of the home
with five additional ties per side at intermediate
points, with mobile homes less than 50 feet long
requiring four additional ties per side;
(c) all components of the anchoring system be capable of
carrying a force of 4,800 pounds; and
(d) any additions to the mobile home be similarly an-
chored. 1111
(3) An alternative method of anchoring may involve a system
designed to withstand a wind force of 90 miles per hour
or greater. Certification must be provided to the Dir-
ector of Community and Economic Development that this
standard has been met.
2. Construction Materials and Methods
(1) All new construction and substantial improvements shall
be constructed with materials and utility equipment
resistant to flood damage.
(2) All new construction and substantial improvements shall
be constructed using methods and practices that minimize •
flood damage.
3. Utilities
(1) All new and replacement water supply systems shall be
designed to minimize or eliminate infiltration of flood
:-, waters into the system.
(2) Na w and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of flood
waters into the systems and discharge from the systems
into flood waters; and,
(3) On-site waste disposal systems shall be located to avoid
impairment to than or contamination from them during
flooding.
4. Subdivision Proposals
(1) All subdivision proposals shall be consistent with the
need to minimize flood damage;
(2) All subdivision proposals shall have public utilities and
facilities such as sewer, gas, electrical, and water
systems located and constructed to minimize flood damage;
(3) All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood damage; and,
(4) Base flood elevation data shall be provided for sub-
division proposals and other proposed development which
contain at least 50 lots or 5 acres (whichever is less).
5. Review of Building Permits
Where elevation data is not available, applications for build-
ing permits shall be reviewed to assure that proposed con-
struction will be reasonably safe from flooding. The test of
reasonableness is a local judgment and includes use of his-
torical data, high water marks, photographs of past flooding,
etc., where available.
11,
11.58.150. Specific Standards
1 In all areas of special flood hazards where base flood elevation
data has been provided as set forth in Section 11.58.050 or Section
• 11.58.120 2. of this Chapter, the following provisions are required:
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1. Residential Construction
Na' construction and substantial improvement of any residen-
tial structure shall have the lowest floor, including base-
ment, elevated to or above base flood elevation.
2.: Nonresidential Construction
New construction and substantial improvement of any
• mprcial, industrial or other nonresidential structure shall
-either have the lowest floor, including basement, elevated to
the level of the base floor elevation; or, together with
attendant utility and. sanitary facilities, shall:
(1) be floOdprOofed so that below the base flood level the
structure is watertight with walls substantially impet-
Meable to the 'passage of water;
(2) have structural components capable of resisting hydro-
static and hydrodynamic loads and effects of -buoyancy;
, . and,
(3) be certified by a registered professional engineer or
architect that the standards of this subsection are
satisfied. Such certifications shall be provided to the •
official as set forth in Section 11.58.120 3 (2) of this •
Chapter.' .
3. Mobile Hanes
-T -
(1) Mobile homes shall be andhoted in accordance with geatiari,
11.58.140 1 of this Chapter.
(2) For new mobile hame.parks-and mobile
for expansions to existing mobile home parks and - mobile --
home subdivisions; for existing mobile have parks and
mobile home subdivisions where the repair, reconstruction
or improvement of the streets, utilities and pads equals
or exceeds 50 percent of value of the streets, utilities
and pads before the repair, reconstruction or improvement
has =wended; and for Mobile homes not placed in a
mobile have park or mobile home subdivision, require
that:
(a) stands or lots are elevated on compacted fill or on
pilings so that the lowest floor of the mobile home
will be at or above the base flood level;
(b) adequate surface drainage and access for a hauler
are provided; and,
(c) in the instance of elevation on pilings, that:
lots are large enough to permit steps,
-- piling foundations are placed in stable soil no
more than ten feet apart, and
-- : reinforcement is provided for pilings more than
six feet above the ground level.
(3) No mobile home shall be placed in a floodway, except in
an existing mobile home park or existing mobile home
subdivision. •
• 11.58.160. Floodways
411/ Located within areas of special flood hazard established in Section
11.58.050 of this Chapter are areas designated as floodways. Since the
floodway is an extremely hazardous area due to the velocity of flood
waters which carry debris, potential projectiles, and erosions poten-
tial, the following provisions apply:
(1) Prohibit encroachments, including fill, new construction,
substantial improvements, and other developments unless
certification by a registered professional engineer or
architect is provided demonstration that encroadhments
shall not result in any increase in flood levels during
. the occurrence of the base flood discharge.
(2) If Section 11.58.160 (1) is satisfied, all new construct-
ion and substantial improvements shall comply with all
ORDRES/U 9
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applicable flood hazard reduction provisions of Sections
11.58.140, 11.58.150 and 11.58.160 of this Chapter.
(3) Prohibit the placement of any mobile hames except in an
existing mobile home park or existing mobile home sub-
division."
Section 2. This ordinance shall be in full force and effect thirty
days after its passage, approval and publication as provided by law and
by the City Charter. 1111
PASSED BY THE CITY COUNCIL, signed and approved this 3rd day of
November , 1981.
17, AO
AT."'"
Mayor
ATTEST:
_ r■f.dv
City Cleer #(
•
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