LL# 08-2012NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
Local Law Filing ALBANY, NY 12231
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Text of law should be given as amended. Do not include matter being eliminated and do not use
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❑ County
❑ City of Wappinger
0 Town
❑ Village
Local Law No. 8 of the year 20 12
A local law "Amending the Code of the Town of Wappinger by Adding a New Chapter 85 Entitled
(insert Tine)
"Property Maintenance"
Be it enacted by the Town Board of the
ame ot Legisiarive Bodyj
❑ County
❑ City of as follows:
0 Town
❑ Village
(TEXT COMMENCES ON NEXT PAGE)
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS -239 (Rev. 05/05) Page 1 of 3
Last Rev. 06/20/12
LOCAL LAW NO. — OF THE YEAR 2012
A Local Law entitled "Local Law No. — of the Year 2012, Amending the Code of the
Town of Wappinger by Adding a New Chapter 185 entitled `Property Maintenance'."
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section I: Title.
This Local Law shall be known and cited as Town of Wappinger "Local Law No. — of the
Year 2012, Amending the Code of the Town of Wappinger by Adding a New Chapter 185
entitled `Property Maintenance'."
Section II: Amendment to the Code.
The Code of the Town of Wappinger is hereby amended by the addition of a new Chapter 185, to
read as follows:
"Chapter 185
Property Maintenance
§ 185-1. Legislative Intent.
Property owners who fail to maintain their property create adverse conditions that affect
the general health, safety and welfare of the public. Deficient property maintenance sometimes
creates impacts to the health and safety of the public that require immediate attention while other
instances of deficient property maintenance create harm to the general welfare that reduces the
quality of life, adversely impacts property values and facilitates the creation of blighted
neighborhoods. The provisions of this Chapter are intended to supplement the provisions of the
Property Maintenance Code of New York State which are enforceable under Chapter 85 of the
Town of Wappinger Code.
CADocuments and Settings\CFulton\Local Settings\Temporary Internet Files\Content.Outlook\4SQ2T8A4\Proposed Property Main Local Law
2012-06-07 (2).doc
Pursuant to the authority of Town Law §64(5-a), the Town Board of the Town of
Wappinger hereby finds that the unreasonable accumulation of brush, grass, rubbish, weeds, or
poisonous shrubs creates a threat of fire, rodent infestation or disease. An unreasonable
accumulation of brush, grass, rubbish, weeds, or poisonous shrubs is an immediate threat to the
health and safety of the public. This local law provides procedures for the Town to act swiftly to
abate the risks to the health and safety of the public in accordance with the due process required
by law.
Pursuant to the authority of Municipal Home Rule Law § § 10(1)(ii)(a) and Town Law §
64.5 and § 130, the Town Board hereby finds that the improper maintenance of the exterior of
any buildings, which are visible to their neighbors and/or the traveling public, create conditions
that adversely affect property values, the quality of life of their neighbors and neighborhood, and
the general health, safety and welfare of the residents of the Town. Property owners who allow
poisonous shrubs to grow and allow weeds, shrubs, lawns, grass, landscape plants and other
vegetation to become overgrown or who allow the exterior of any buildings located on their
property to deteriorate into a state of disrepair, become unsightly, dilapidated or who permit the
accumulation of garbage, rubbish, debris and refuse thereon, facilitate the proliferation of pests,
insects and vermin. These conditions, in turn, result in a general deterioration of property values
and foster blight in the surrounding neighborhoods and community in general. The Town Board
further finds that property owners, tenants or persons in possession of real property who keep or
maintain junked, inoperable or unregistered motor vehicles on their property, contribute to blight
by promoting unsightly, unsanitary and unsafe conditions.
The Town Board hereby determines that in order to protect and promote the public
health, safety and welfare of the residents of the Town, to prevent blight within the Town and to
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prohibit the proliferation thereof, it is necessary to establish standards for the exterior
maintenance of property, yards and any buildings or structures thereon, and to provide standards
for the general exterior maintenance of yards, buildings and structures and to provide for the
removal of any poisonous weeds or shrubs, overgrown vegetation, including lawns, grass,
landscape shrubbery, ornamental shrubs, garbage, debris, rubbish, and junked or inoperable
vehicles on properties so that all properties shall be maintained in accordance with the standards
enunciated in this Chapter.
This Chapter authorizes the Town through its Code Enforcement Officials to enter onto
the property containing the offending condition, in accordance with the provisions of this
Chapter and to remove the same where the property owner fails or neglects to cure the violation.
By reason of the establishment of these regulations and restrictions as herein set forth in this
Chapter, the proliferation of blight may be prevented and the general public health, safety and
welfare protected and fostered.
§ 185-2. Definitions.
As used in this Chapter, the following terms shall have the meanings indicated:
A. Debris - All materials resulting from the construction, excavation, renovation,
equipping, remodeling, repair or demolition of structures, property or roads, or resulting from the
preparation therefor as well as materials consisting of vegetation resulting from land clearing and
grubbing, utility line maintenance, and seasonal and storm related clean up, except when such
materials are organized in piles or structures for purposes of composting. Such materials
include, but are not limited to: masonry; such as bricks, concrete blocks, mortar and concrete;
soil; rock; wood; wall coverings; floor coverings; plaster; drywall; plumbing fixtures; insulation;
roofing materials; siding; pavement; glass; window frames; electrical wiring and components;
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plastics; carpeting; foam padding; linoleum; metals; or any combination thereof which are
incidental to construction, excavation, renovation, equipping, remodeling, repair or demolition.
B. Garbage - All putrescible animal and vegetable waste resulting from growing,
processing, marketing and preparation of food items, including containers in which it is
packaged, except when such wastes are organized in piles or structures for purposes of
composting.
C. Junked Vehicle - Any motor vehicle which is either unregistered, dismantled (in whole
or in part), or in such a damaged condition or state of disrepair that such vehicle cannot be
operated without extensive repair or for which the cost of such repair exceeds the value of the
motor vehicle. Lack of a license plate or an incorrect license plate affixed to the motor vehicle
shall be presumptive evidence that the vehicle is not registered.
D. Person — a natural person, corporation, partnership, limited liability company,
unincorporated association, or any other business organization of two or more persons.
E. Owner - A Person having legal title to premises; a mortgagee or vendee in possession;
a trustee in bankruptcy; a receiver or any other Person having legal ownership or control of
premises. Where the owner of the property cannot be determined, the Person whose name is
listed as the owner on the most current tax roll of the Town is deemed to be the Property Owner.
F. Rubbish - All discarded or worthless non-putrescible solid wastes consisting of both
combustible and non-combustible wastes, including but not limited to paper and paper products,
rags, wrappings, cardboard, tin cans, wood, glass, metals, plastics, tires, bedding, cloth, crockery,
furniture, appliances and similar items.
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G. Tenant - Any person who uses or occupies a property or building, other than the
owner, and who occupies same pursuant to a written or oral lease agreement, or otherwise with
the consent and permission of the owner thereof.
H. Enforcement Official - This Chapter shall be enforced by the following Town of
Wappinger Officials: Code Enforcement Officers, the Fire Inspector, the Zoning Administrator,
Town Constables, the Dutchess County Sheriff's Office, any police agency having jurisdiction in
the Town of Wappinger, and such other persons as may be designated by the Town Board of the
Town of Wappinger by resolution.
§ 185-3. Standards for Maintenance of Yards
No owner, lessee, tenant, occupant or other person having charge of any premises shall cause,
permit or allow such premises to be used or maintained in violation of any of the following
standards:
A. Surface and subsurface water shall be appropriately drained away from buildings to
protect the buildings and structures from water damage; grading shall be designed,
constructed and maintained to prevent the development of stagnant ponds or pools of
water which facilitate the breeding of mosquitoes or other insects, except in
accordance with a grading permit, subdivision plan, site plan approved by the Town,
or a validly approved Storm Water Pollution Prevention Plan (SWPPP).
B. Subsurface, stormwater pipes and appurtenances, or such similar devises, constructed
and installed for the purposes of transporting, disposing or dispersing surface or
subsurface water, and approved in connection with a site plan, subdivision plat, or
plot plan approved by the Town of Wappinger Planning Board or Engineer to the
Town in connection with the issuance of any land use permit or building permit, shall
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be maintained and kept in proper working order and condition and fit for the purposes
intended, so as to maintain the free flow of said surface or subsurface water.
C. All landscaping facilities and plantings, whenever exposed to public view, shall be
maintained so that lawns, hedges, shrubbery, ornamental bushes and trees shall be
kept pruned and trimmed, and free from becoming overgrown and unsightly. Yards
shall be maintained so that grasses and weeds shall not exceed ten (10) inches in
height.
D. The accumulation of any debris, garbage or rubbish upon any premises, is not
permitted except in compliance with Article III of Chapter 210 of the Town of
Wappinger Code.
E. Premises shall be maintained in such manner that will prevent debris, garbage and
rubbish from blowing about the neighborhood.
F. Steps, walks, driveways, parking spaces and similar paved areas shall be maintained
so as to afford safe passage under normal use and weather conditions.- Any paved
surfaces such as parking lots and driveways shall be maintained to prevent potholes
or other hazards. All off-street parking facilities shall be swept at least twice a year.
G. No junked vehicle may be parked or stored on any premises unless such vehicle is
parked or stored inside a building, or inside a structure screening the junked vehicle
from neighbors and the public, unless the junked vehicle is otherwise permitted to be
in an unenclosed area under Chapter 240 "Zoning" of the Town Code.
§ 185-4. Standards for Exterior Maintenance of Buildings and Structures.
No owner, lessee, tenant, occupant or other person having charge of any premises shall cause,
permit or allow any building or structure to be maintained in violation of the following
standards:
Now
A. All exterior surfaces of any building or structure not inherently resistant to
degradation or deterioration from weather or the elements shall be treated, sealed or
coated with a protective covering such as paint, or other weather protective coating so
as to prevent such exposed surfaces from degradation, deterioration or weathering.
B. Exterior walls, including doors and windows, roofs and areas around doors, windows,
chimneys and other parts of a building or structure shall be maintained so as to keep
water from entering the building. Exposed surfaces of any building or structure which
have been damaged or show evidence of dry rot or other deterioration shall be
repaired or replenished and refinished in a workman like manner and treated with
appropriate protective covering such as paint, stain or other weather retardant
material. Exterior walls, roofs and other parts of a building or structure shall be free
from loose and unsecured objects or materials such as siding, mortar, bricks, blocks,
etc.
C. Vacant structures and their adjoining yards shall be maintained in a clean, safe, secure
and sanitary condition so as not to cause a blighting problem or adversely affect the
public health or safety.
§ 185-5. Exceptions.
This Chapter shall not apply to:
A. A property licensed as a junk yard pursuant to Chapter 153 of the Town Code of
the Town of Wappinger.
B. Any properties used, occupied or operated by a governmental entity or municipal
subdivision.
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§ 185-6. Enforcement; Administrative Remedy.
In the event that the owner, lessee, tenant, occupant or other person having charge of any
premises shall fail to comply with the standards enumerated in this Chapter, the Town
may institute enforcement proceedings as follows:
A. Inspection and Report. Any Enforcement Official, upon his or her own investigation
or upon a written complaint that property appears to be maintained in violation of any
of the standards enumerated in § 185-3_ and § 185-4 above, may conduct an
investigation and inspection of such premises and shall prepare a written report of his
or her findings. If necessary, the Enforcement Official is authorized to apply for a
search warrant to a court of competent jurisdiction to enter onto the premises if there
is reasonable suspicion to believe that there is a violation of this Chapter. The
Enforcement Official is further authorized to take such further steps that are necessary
to effectuate the execution and return of a duly ordered search warrant.
B. Order to Remedy. If the Enforcement Official determines that a violation exists after
conducting an inspection, the Enforcement Official is authorized to issue an Order to
Remedy directing the owner, lessee, tenant, occupant or other person having charge
of any premises to bring such premises into compliance with the provisions of this
Chapter. The Enforcement Official shall provide the Town Board with a copy of the
Order to Remedy together with an Affidavit of Service and a copy of his or her report
of findings from the inspection of the property.
C. Contents of Order to Remedy. The notice shall contain the following information:
1. The Tax Parcel Identification Number, if there is one;
2. The street address of the property, if there is one;
3. The owner of the property as shown in the records of the Town;
4. A statement of the condition of the property and the standards of this Chapter
which have been violated;
5. The date and time the violations are alleged to have occurred;
6. The specific corrective action that needs to be taken to bring the property into
full compliance with the standards of this Chapter;
7. The specific date by which the corrective action must be completed. The time
to take corrective action stated in the notice shall be:
a) for violations of the standards set forth in § 185-3, 7 days from the date of
the Order to Remedy, or
b) for violations of the standards set forth in § 185-4, 30 days from the date
of the Order to Remedy,
8. The date, time and place of a public hearing to be held before the Town Board
to determine whether the property is in compliance with the standards of this
Chapter and a statement that the owner, lessee, tenant, occupant or other
person having charge of any premises has an opportunity to appear and be
heard at said public hearing to offer proof that the property is in compliance
with the standards of this Chapter or that additional time is needed to take
corrective action to cure the violation;
9. A statement that if the property owner, lessee, tenant, occupant or other
person having charge of any premises does not comply with the order to
Remedy, that the Town intends to enter onto the property, take corrective
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action, and assess the costs of the corrective action as a lien against the
property and levy such lien on the Town tax bill if not paid.
D. Service of Order to Remedy. The Order to Remedy shall be served on the owner by
registered or certified mail at the address shown on the last preceding tax assessment
roll of the Town or by personal service in accordance with in any manner provided
for service of process by article three of the Civil Practice Law and Rules of the State
of New York. Service upon a lessee, tenant, occupant or person in charge of the
premises shall be made by registered or certified mail to the address of the property or
by personal service as shown above. A copy of such Order to Remedy may also be
served on any mortgagee or lienor of record in the same manner. A copy of the Order
to Remedy shall also be conspicuously posted on the property.
E. Imminent Threat. Whenever the Town Board finds that there exists on premises a
condition that poses an imminent threat to the public health or safety which requires
immediate remedial action, the Town Board may, in its discretion, order the owner,
lessee, tenant, occupant or other person having charge of any premises to remove or
abate such public nuisance, or direct Town employees or agents of the Town to
remove or abate such public nuisance, and, notwithstanding any provision of this
Chapter to the contrary, no public hearing shall be required to be held before the time
fixed in the order for compliance, or before the Town removes or abates such public
nuisance, and the time for compliance provided in paragraph C subparagraph 6 of this
section shall not apply to an order issued pursuant to this subdivision. Notice of an
order or direction issued pursuant to this subdivision shall be served in the manner
prescribed in paragraph D of this section, provided, that if the Town Board
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determines that service in such manner would result in delay prejudicial to the public
health or safety, then the Town Board may serve such order or direction by delivery
of a copy thereof to a person of suitable age and discretion in actual or apparent
control of the premises to which it relates, or, if service cannot be made in such
manner, by copy posted upon the premises to which it relates. An order or direction
served in the manner prescribed in this subdivision shall take effect when delivered or
when posted. After such order or direction takes effect, the Enforcement Official shall
serve such order or direction in the manner prescribed in paragraph D of this section.
Such additional service shall include notice of the earlier service of such order or
direction.
F. Public Hearing. The public hearing shall be held at a regularly scheduled or special
Town Board meeting at least 7 days but not more than 20 days after service of the
Order to Remedy as set forth above.
1. After the public hearing, if the property is determined by the Town Board to
be in non-compliance with the standards enumerated in this Chapter, the
Town Board may authorize employees of the Town, its agents or contractors,
to enter onto the property to undertake such measures as to bring the property
into compliance with this Chapter and assess the cost of such remediation
against the property as described below.
G. Assistance Allowed. The Town may request the assistance of any county, state or
federal agency to perform work on its behalf pursuant to this Chapter.
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H. Assessment of Costs and Expenses and Lien.
1. The expenses incurred by the Town with respect to any work performed by or on
behalf of the Town to bring the property into compliance shall be a debt recoverable
from the owner, lessee, tenant, occupant or other person having charge of any
premises and shall constitute a lien upon the premises, including the land and
buildings, with respect to which such work was performed.
2. The Town shall keep a record of all work performed on the property by or on
behalf of the Town. Such records shall be accessible to the public during
business hours. Claims for all work performed on the property shall be audited
and approved in accordance with Article 8 of the Town Law. A notice stating
the total amount due and the nature of the charge shall be mailed by the Town
to the last known address of the person whose name appears on the records in
the office of the Town Assessor as being the owner or agent or as the person
designated by the owner to receive tax bills or, where no name appears, to the
premises, addressed to either the owner or the agent. Such notice shall have
stamped or printed thereon a reference to this section. The property owner
shall have 10 days, after a copy of the notice establishing the costs and
expenses, to challenge any of the costs incurred by the Town. After expiration
of the time period to challenge the determination of costs and expenses, the
amounts thereof shall be reported to the Assessor to the Town to be levied and
assessed against the property, and the expense so assessed shall constitute a
lien and charge on the property on which it is levied until paid or otherwise
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satisfied or discharged and shall otherwise be collected in the same manner
and at the same time as other Town charges.
3. Such lien shall have a priority over all other liens and encumbrances on the
premises except for the lien of taxes and assessments as authorized by Town
Law §64(5-a).
I. Action for Recovery. In addition to establishing a lien, the Town may recover such
expenses and interest by bringing an action against the owner, lessee, tenant,
occupant or other person having charge of any premises. The institution of such
action shall not suspend or bar the right to pursue any other remedy provided by law
for the recovery of such debt.
J. Other Remedies Available. Nothing contained in this section shall be construed to
restrict authority to provide for the abatement of a public nuisance conferred upon
any agency of the Town by any other provision of law.
§ 185-7. Penalties for Offenses.
A. Every person violating any provision of this Chapter shall also be subject to a civil
penalty:
1. For the first offense —a civil penalty in a minimum amount of $100.00 and a
maximum amount of $500.00;
2. For the second and subsequent offenses — a civil penalty in a minimum
amount of $500.00 and a maximum amount of $5,000.00; and
3. Each week's violation shall be deemed a separate violation.
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Section III: Authority.
This Local Law is enacted in order to protect the health, safety, and welfare of its
residents pursuant to the authority granted to the Town pursuant to the New York State
Constitution, § 10 of the Municipal Home Rule Law, and pursuant to Town Law § 64.5-a and
§ 130.
Section IV: Numbering for Codification.
It is the intention of the Town of Wappinger and it is hereby enacted that the provisions
of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and
sub -sections of this Local Law may be re -numbered or re -lettered to accomplish such intention;
the Codifier shall make no substantive changes to this Local Law; the word "Local Law" shall be
changed to "Chapter," "Section" or other appropriate word as required for codification; and any
such rearranging of the numbering and editing shall not effect the validity of this Local Law or
the provisions of the Code effected thereby.
Section V. Separability.
If any part or provision of this local law or the application thereof to any person or circumstance
be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in
its operation to the part or provision or application directly involved in the controversy in which
such judgment shall have been rendered and shall not affect or impair the validity of the
remained of this local law or the application thereof to other persons or circumstance, and the
Town Board of the Town of Wappinger hereby declares that it would have passed this local law
or the remainder thereof had such invalid application or invalid provision been apparent.
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Section VI: Effective Date.
This local law shall take effect immediately upon filing in the office of the New York
State Secretary of State in accordance with Section 27 of the Municipal Home Rule Law.
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(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
1 hereby certify that the local law annexed hereto, designated as local law No. 8 of 20 12 of
the X�)(CXA(Town)(WUI{ of Wappinger was duly passed by the
Town Board on August 13 20 12 in accordance with the applicable
(Name of Legislative Body)
provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of was duly passed by the
on 20 and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the
(Elective Chief Executive Officer*)
on 20 - in accordance w ith the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No
the (County)(City)(Town)(Village) of
(Name of Legislative Body)
(repassed after disapproval) by the
and was deemed duly adopted
of 20 of
was duly passed by the
on 20 and was (approved)( not approved)
(Elective Chief Executive Officer*)
on 20
Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general) (special)(annual) election held on
20 in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of
on
(Name of Legislative Body)
(repassed after disapproval) by the
(Elective Chief Executive Officer*)
was duly passed by the
20 - and was (approved)(not approved)
on 20 . Such local
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 in accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county -wide basis or, if there be none,
the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the
power to approve or veto local laws or ordinances.
DOS -239 (Rev. 05/05) Page 2 of 3
5. (City local law concerning Charter revision proposed by petition.) of 20 of
I hereby certify that the local law annexed hereto, designated as local law No.
the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of
the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting
thereon at the (special)(general) election held on 20 , became operative.
6. (County local law concerning adoption of Charter.) of 20 of
I hereby certify that the local law annexed hereto, designated as local law No.
the County of State of New York, having been submitted to the electors at the General Election of
November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having
received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the
qualified electors of the towns of said county considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript therefrom and of the whole of such original local law, and was finally a ted in the manner indicated in
paragraph _, above.
Cler of the county legis ' e body, City, Town or Village Clerk or
officer designated by local legislative body
(Seal) Date:--�'!�/ /� 1) a
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other
authorized attorneys of locality.)
STATE OF NEW YORK
COUNTY OF Dutchess
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been
had or taken for the enactment of the local law annexed hereto.
Signature
Albert P. Roberts - Town Attorney
Title
XXX*
jf Wappinger
Town
)U(Dft
Date:
DOS -239 (Rev. 05/05) Page 3 of 3