HomeMy WebLinkAbout20100038.tiff RESOLUTION
RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION REGARDING
VIOLATION #0900307 AGAINST JOSE MENDOZA AND ROSITA AGUILAR FOR
VIOLATION OF THE WELD COUNTY CODE
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, Jose Mendoza and Rosita Aguilar,ZCV#0900307, are allegedly in violation of
the Weld County Code, and
WHEREAS,despite efforts by the Planning staff to resolve said matter, the violation has not
been corrected, and
WHEREAS, on the 12th day of January, 2010, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Jose Mendoza and Rosita Aguilar were not present or represented at said
hearing, although all parties were notified of said hearing by Department of Planning Services staff,
and
WHEREAS, the Board deems it advisable to bring legal action against those individuals
named above to correct said violation.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Weld County Attorney be, and hereby is, authorized to proceed with legal
action against Jose Mendoza and Rosita Aguilar to remedy the violation of the Weld County Code,
and any other persons occupying the properties, any persons claiming an interest in the properties,
and any persons acting in active concert with the identified parties.
2010-0038
PL0824
oor P(--
VIOLATIONS - ZCV#0900307 - JOSE MENDOZA AND ROSITA AGUILAR
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 12th day of January, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
x,41 E Lam WELD COUNTY, COLORADO
ATTEST: : ::'/ t et- �►g� • ' r1 c_1.00-
1K , , ,, ,,t-9 uglas ' ademach: , Chair
Weld County Clerk to the B' rd 0
AL CUSED
H ^ � � :a ba a Kirkmeyer, Pro-Tern
BY:A ,d t t I L,(7(1( l {l ill -- /�
Depot Clerk o the Board (�'
Sean{P. Conw `- )
APP ED A RM: � / C -
Willi F. Garcia
ti
A
o my orney vr„ `
David E. Long
Date of signature: I( �
iqie
•
2010-0038
PL0824
Violation Summary Report
BASIC INFORMATION
MENDOZA JOSE &AGUILAR ROSITA E8228:8RD AVE CT GREELEY, CO 80631
Tenant:
Compliance Officer: Ann Siron
Violation Number: ZCV09-00307
Situs Address: 1503 N 25TH AVCT
Legal: 18071 L33 ESPANOLA SUB NW4NE4 36 6 66 SITUS: 1503 N 25 AVCT
WELD 80631
Location: Location WEST OF AND ADJACENT TO 25TH AVE CT AND
DIRECTLY NORTH OF O STREET IN THE ESPANOLA
SUBDIVISION
North AGRICULTURE AND R-1 ZONE DISTRICTS
South AGRICULTURE AND 1-3 ZONE DISTRICTS
East AGRICULTURE AND 1-3 ZONE DISTRICTS
West AGRICULTURE AND R-1 ZONE DISTRICTS
Parcel Number: 080536102020-R1385986 Acreage: 0.09
Certified Mail Date: 12/14/2009
Currently the property is in violation of:
Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District
23-3-20 Uses allowed by right.
23-3-30 Accessory uses.
23-3-30.1 Noncommercial Junkyard.
NONCOMMERCIAL JUNKYARD: An area where any waste,junk or used or secondhand
materials are stored or handled, including but not limited to scrap iron and other metals,
paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL
JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered
last or currently registered under the property owner and/or tenant's name. This definition
does not include COMMERCIAL VEHICLES. If the Zone district allows, the
NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or
STRUCTURE or visually SCREENED from all ADJACENT properties and public
rights-of-way.
DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power);
is partially or totally dismantled; has all or portions of its body work missing or is
substantially damaged; does not have valid registration with the State, as required by
Section 42-3-103, 42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is
not permanently attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is
lacking proper equipment to the extent that it would be unsafe or illegal to USE on public
road rights-of-way
or otherwise not equipped with lamps and other equipment, as required in Sections
42-4-202 to 42-2-227, C.R.S. This definition shall not include implements of husbandry,
farm tractors or vehicles customarily operated in a FARMING operation.
JUNK: Scrap brass, iron, lead, tin, zinc; all other scrap metals and alloys; bones; rags;
used cloth, rope, rubber, tinfoil, bottles, old or used machinery of any type; used tools;
used appliances; used lumber or crates; building materials; fabrication of any material;
used pipe or pipe fittings; used conduit or conduit fittings; used automobile parts;
DERELICT VEHICLES; used tires and other manufactured goods that are so worn,
deteriorated or obsolete as to make them unusable in their existing condition.
SCREENED: Construction and maintenance of fences, earth berms or the USE of
2010-0038
Violation Summary Report
LANDSCAPING materials or other materials USED with the approval of the Department of
Planning Services to lessen the noise, light, heat or visual impacts of a USE on
surrounding uses. A SCREENING PLAN shall be submitted and approved by the
Department of Planning Services.
REMEDY
THE NONCOMMERCIAL JUNKYARD CONSISTING OF A DERELICT VEHICLE, WOOD, PIPE,
FENCING, PALLETS AND OTHER MISCELLANEOUS DEBRIS SHALL BE REMOVED, RESTORED
OR COMPLETELY SCREENED FROM ALL ADJACENT PROPERTIES AND PUBLIC
RIGHTS-OF-WAY.
RECOMMENDATION
THE DEPARTMENT OF PLANNING SERVICES RECOMMENDS THAT THIS CASE BE REFERRED
TO THE COUNTY ATTORNEY'S OFFICE FOR IMMEDIATE LEGAL ACTION.
LETTER HISTORY
10/01/2009 Complaint Validated
10/01/2009 LTTR: 5 Day Letter
10/07/2009 LTTR: Violation Notice
12/14/2009 LTTR: Hearing Notification
OTHER CASE HISTORY
09/10/2009 Property Inspected UPON A VISUAL INSPECTION OF THE PROPERTY
THE FOLLOWING ITEMS WERE NOTED: DERELICT
VEHICLE, WOOD, PIPE, FENCING, PALLETS AND
OTHER MISCELLANEOUS DEBRIS.
12/11/2009 Property Inspected UPON A VISUAL INSPECTION OF THE PROPERTY
THE FOLLOWING ITEMS WERE NOTED: WOOD,
DERELICT TRUCK, UNUSED BUILDING MATERIALS,
FENCING MATERIALS, DERELICT VAN AND OTHER
MISCELLANEOUS DEBRIS. PICTURES WERE
TAKEN.
Cl
WELD COUNTY PLANNING DEPARTMENT
Ann Siron
Zoning Compliance Officer
918 10th St
Greeley, CO 80631
Phone: 970-353-6100 x3566
d FAX:970-304-6498
E-Mail: asiron@co.weld.co.us
COLORADO
December 14, 2009
MENDOZA JOSE &AGUILAR ROSITA ELVIRA
325 23RD AVE CT
GREELEY, CO 80631
Case: ZCV09-00307
Legal Description:
18071 L33 ESPANOLA SUB NW4NE4 36 6 66 SITUS: 1503 N 25 AVCT WELD 80631
Dear MENDOZA JOSE &AGUILAR ROSITA ELVIRA:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on:
01/12/2010 10:00 AM
The above mentioned property remains in violation of the following Section(s) of the Weld County
Code:
Chapter 23, Article 111(3), Division 1 A(Agricultural) Zone District
23-3-20 Uses allowed by right.
23-3-30 Accessory uses.
23-3-30.1 Noncommercial Junkyard.
NONCOMMERCIAL JUNKYARD: An area where any waste,junk or used or secondhand
materials are stored or handled, including but not limited to scrap iron and other metals,
paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD
may also include the storage or keeping of DERELICT VEHICLES registered last or currently
registered under the property owner and/or tenant's name. This definition does not include
COMMERCIAL VEHICLES. If the Zone district allows, the NONCOMMERCIAL JUNKYARD
shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from
all ADJACENT properties and public rights-of-way.
DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is
partially or totally dismantled; has all or portions of its body work missing or is substantially
damaged; does not have valid registration with the State, as required by Section 42-3-103,
42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently
attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper
equipment to the extent that it would be unsafe or illegal to USE on public road rights-of-way
or otherwise not equipped with lamps and other equipment, as required in Sections 42-4-202
to 42-2-227, C.R.S. This definition shall not include implements of husbandry, farm tractors
or vehicles customarily operated in a FARMING operation.
Page 1 of 2
WELD COUPY PLANNING DEPARTMENT
(icto Ann Sin
Co
mpliance Compliance Officer
918 10th St
Greeley, CO 80631
Phone: 970-353-6100 x3566
FAX:970-304-6498
E-Mail: asiron@co.weld.co.us
COLORADO
JUNK: Scrap brass, iron, lead, tin, zinc; all other scrap metals and alloys; bones; rags; used
cloth, rope, rubber, tinfoil, bottles, old or used machinery of any type; used tools; used
appliances; used lumber or crates; building materials; fabrication of any material; used pipe
or pipe fittings; used conduit or conduit fittings; used automobile parts; DERELICT
VEHICLES; used tires and other manufactured goods that are so worn, deteriorated or
obsolete as to make them unusable in their existing condition.
SCREENED: Construction and maintenance of fences, earth berms or the USE of
LANDSCAPING materials or other materials USED with the approval of the Department of
Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding
uses. A SCREENING PLAN shall be submitted and approved by the Department of Planning
Services.
To bring your property into compliance with the Weld County Code:
THE NONCOMMERCIAL JUNKYARD CONSISTING OF A DERELICT VEHICLE, WOOD,
PIPE, FENCING, PALLETS AND OTHER MISCELLANEOUS DEBRIS SHALL BE REMOVED
RESTORED OR COMPLETELY SCREENED FROM ALL ADJACENT PROPERTIES AND
PUBLIC RIGHTS-OF-WAY.
This hearing will take place in the County Commissioners Hearing Room, first floor, Weld County
Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you or a
representative be in attendance to answer any questions the Board of County Commissioners
might have about the violations.
Please also be advised that I will be taking video and/or pictures from the road or adjacent
properties the business day before or as soon as possible to the above mentioned Violation
Hearing date.
The Department of Planning Services' staff will be recommending that the Board of County
Commissioners authorize the County Attorney to proceed with legal action to remedy the
violation. Our records indicate that you were made aware of the nature of the violation including
the action necessary to correct the violation, and that you were given sufficient time to remedy
this violation. If you have any questions concerning this matter, please call me.
Sincer y,
Ann Siron
Zoning Complian fficer
pc: ZCV09-00307
Page 2 of 2
WELD COUN fY PLANNING DEPARTMENT
Ann Siron
Zoning Compliance Officer
918 10th St
Greeley, CO 80631
Phone:AX: 970-3 9100 x3566
FAX:970-304-6498
E-Mail: asiron@co.weld.co.us
COLORADO
JUNK: Scrap brass, iron, lead, tin, zinc; all other scrap metals and alloys; bones; rags; used
cloth, rope, rubber, tinfoil, bottles, old or used machinery of any type; used tools; used
appliances; used lumber or crates; building materials; fabrication of any material; used pipe
or pipe fittings; used conduit or conduit fittings; used automobile parts; DERELICT
VEHICLES; used tires and other manufactured goods that are so worn, deteriorated or
obsolete as to make them unusable in their existing condition.
SCREENED: Construction and maintenance of fences, earth berms or the USE of
LANDSCAPING materials or other materials USED with the approval of the Department of
Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding
uses. A SCREENING PLAN shall be submitted and approved by the Department of Planning
Services.
To bring your property into compliance with the Weld County Code:
THE NONCOMMERCIAL JUNKYARD CONSISTING OF A DERELICT VEHICLE, WOOD,
PIPE, FENCING, PALLETS AND OTHER MISCELLANEOUS DEBRIS SHALL BE REMOVED
RESTORED OR COMPLETELY SCREENED FROM ALL ADJACENT PROPERTIES AND
PUBLIC RIGHTS-OF-WAY.
This hearing will take place in the County Commissioners Hearing Room, first floor, Weld County
Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you or a
representative be in attendance to answer any questions the Board of County Commissioners
might have about the violations.
Please also be advised that I will be taking video and/or pictures from the road or adjacent
properties the business day before or as soon as possible to the above mentioned Violation
Hearing date.
The Department of Planning Services' staff will be recommending that the Board of County
Commissioners authorize the County Attorney to proceed with legal action to remedy the
violation. Our records indicate that you were made aware of the nature of the violation including
the action necessary to correct the violation, and that you were given sufficient time to remedy
this violation. If you have any questions concerning this matter, please call me.
Sincer ly,
Ann Siron
Zoning Compliant fficer
pc: ZCV09-00307
Page 2 of 2
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Fi WELD COUNTY PLANNING DEPARTMENT
Ann Si Zoning Compliance Officer
918 10th St
Greeley, CO 80631
Emit Phone: 970-353-6100 x3566
FAX:970-304-6498
E-Mail:asiron@co.weld.co.us
COLORADO
October 07, 2009
MENDOZA JOSE &AGUILAR ROSITA ELVIRA
325 23RD AVE CT
GREELEY, CO 80631
Case: ZCV09-00307
Legal Description: 18071 L33 ESPANOLA SUB NW4NE4 36 6 66 SITUS: 1503 N 25 AVCT WELD
80631
Dear: MENDOZA JOSE &AGUILAR ROSITA ELVIRA :
The uses on the above described property are being considered as a zoning code violation of
Sections of the Weld County Code. Currently your property is in violation of the following Section(s)
of the Weld County Code:
Chapter 23, Article 111(3), Division 1 A(Agricultural) Zone District
23-3-20 Uses allowed by right.
23-3-30 Accessory uses.
23-3-30.1 Noncommercial Junkyard.
NONCOMMERCIAL JUNKYARD: An area where any waste, junk or used or secondhand
materials are stored or handled, including but not limited to scrap iron and other metals, paper,
rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also
include the storage or keeping of DERELICT VEHICLES registered last or currently registered
under the property owner and/or tenant's name. This definition does not include COMMERCIAL
VEHICLES. If the Zone district allows, the NONCOMMERCIAL JUNKYARD shall be totally
ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all ADJACENT
properties and public rights-of-way.
DERELICT VEHICLES: A vehicle that is inoperable (unable to move under its own power); is
partially or totally dismantled; has all or portions of its body work missing or is substantially
damaged; does not have valid registration with the State, as required by Section 42-3-103,
42-3-139 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently
attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper
equipment to the extent that it would be unsafe or illegal to USE on public road rights-of-way
or otherwise not equipped with lamps and other equipment, as required in Sections 42-4-202
to 42-2-227, C.R.S. This definition shall not include implements of husbandry, farm tractors or
vehicles customarily operated in a FARMING operation.
JUNK: Scrap brass, iron, lead, tin, zinc; all other scrap metals and alloys; bones; rags; used
cloth, rope, rubber, tinfoil, bottles, old or used machinery of any type; used tools; used
appliances; used lumber or crates; building materials; fabrication of any material; used pipe or
pipe fittings; used conduit or conduit fittings; used automobile parts; DERELICT VEHICLES;
Page 1 of 2
(it \\
? WELD COUNTY PLANNING DEPARTMENT
Ann Sin
Co
mpliance Compliance Officer
918 10th St
Greeley, CO 80631
Phone: 0-304- 49100 x3566
FAX: 970-304-6498
E-Mail:asiron@co.weld.co.us
COLORADO
used tires and other manufactured goods that are so worn, deteriorated or obsolete as to
make them unusable in their existing condition.
SCREENED: Construction and maintenance of fences, earth berms or the USE of
LANDSCAPING materials or other materials USED with the approval of the Department of
Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding
uses. A SCREENING PLAN shall be submitted and approved by the Department of Planning
Services.
To bring your property into compliance with the Weld County Code:
THE NONCOMMERCIAL JUNKYARD CONSISTING OF A DERELICT VEHICLE, WOOD,
PIPE, FENCING, PALLETS AND OTHER MISCELLANEOUS DEBRIS SHALL BE
REMOVED, RESTORED OR COMPLETELY SCREENED FROM ALL ADJACENT
PROPERTIES AND PUBLIC RIGHTS-OF-WAY.
It is the intention of this office to assist and cooperate with you without imposing undue hardships;
however, we have no discretion in this matter if you fail to correct this violation. You have until
11/09/2009, to correct this zoning violation. Failure to do so will result in this office scheduling the
violation before the Board of County Commissioners to consider whether to refer the violation to the
County Attorney's Office for legal action.
Any information you have that may help to resolve this matter will be useful. Should you have any
questions regarding this letter, or if you need any further information, please feel free to contact me
at the above address, telephone number or e-mail address. If you wish to see me personally,
please call to schedule an appointment so that I may reserve a sufficient amount of time with you.
Sincerel ,
,c0,70
Ann Siron
Zoning Compli e Officer
pc: ZCV09-00307
Page 2 of 2
(itt1 WELD COUNTY PLANNING DEPARTMENT
Ann Siron
Zoning Compliance Officer
918 10th St
Greeley, CO 80631
C Phone: 970-353-6100 x3566 FAX: 0-304-6498
E-Mail:7as on@co.weld.co.us
COLORADO
October 01, 2009
MENDOZA JOSE &AGUILAR ROSITA ELVIRA
325 23RD AVE CT
GREELEY, CO 80631
Case: ZCV09-00307
Legal Description: 18071 L33 ESPANOLA SUB NW4NE4 36 6 66 SITUS: 1503 N 25 AVCT WELD 80631
Dear MENDOZA JOSE &AGUILAR ROSITA ELVIRA:
It has come to the attention of the Department of Planning Services staff that the uses on your property may
not be in compliance with the Weld County Code, Chapter 23. The potential noncompliance(s)with the
Weld County Code are as follow:
THE PRESENCE OF A NONCOMMERCIAL JUNKYARD CONSISTING OF A DERELICT
VEHICLE, WOOD, PIPE, FENCING, PALLETS AND OTHER MISCELLANEOUS DEBRIS.
DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is
partially or totally dismantled; has all or portions of its body work missing or is substantially
damaged; does not have valid registration with the State, as required by Section 42-3-103,
42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently
attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper
equipment to the extent that it would be unsafe or illegal to USE on public road
rights-of-way
or otherwise not equipped with lamps and other equipment, as required in Sections
42-4-202 to 42-2-227, C.R.S. This definition shall not include implements of husbandry,
farm tractors or vehicles customarily operated in a FARMING operation.
NONCOMMERCIAL JUNKYARD: An area where any waste, junk or used or secondhand
materials are stored or handled, including but not limited to scrap iron and other metals,
paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD
may also include the storage or keeping of DERELICT VEHICLES registered last or
currently registered under the property owner and/or tenant's name.
This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the
NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or
STRUCTURE or visually SCREENED from all ADJACENT properties and public
rights-of-way.
Please contact me within five working days of the date of this letter to review these concerns with me. Feel
free to contact me at the above address, telephone number or e-mail address. If you wish to see me
personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with
you.
Sincerely,
G169
Page 1 of 2
WELD COUNTY PLANNING DEPARTMENT
814 p(f\ twt, Ann Siron
Zoning Compliance Officer
918 10th St
Greeley, CO 80631
Phone: 970-353-6100 x3566 FAX: 0-304-6498
E-Mail: on@co.weld.co.us
COLORADO
Ann Siron
Zoning Compliance Officer
pc: ZCV09-00307
Page 2 of 2
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
C
918 10th Street, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
COLORADO
ZONING and/or BUILDING CODE COMPLAINT FORMS Cs 567
Complaint Initiated by: ��j ��J/�/� `T� /�'
ecONING CODE COMPLAINT ❑ Siafi1Name_ (90. 1-71 O...11.x, r1�Aelc54r:L-/ 41-62217t
HEALTH DEPARTMENT Citizen's Name(If known): (J
O WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Numher(Ifknown)
O BUILDING CODE COMPLAINT
❑ PUBLIC WORKS/PEST&WEEDS
Date Complaint was received: q—/O —(11
Pending Case-(i.e. USR, RE, SE. ect...): q p�
Legal Description: � 3 3 , q � i 4 j f �j�j-(p-(gig Parcel #: 6 p� �3&- I -OP -OpO
Violation Address: I6O3 N .6 &u04-
Property Owners Name: INQS,J U3w tar Jos, ffltr jb2R Phone:
Property Owners Address: 225 236 au e, t.
Tenant's Name: Phone:
Tenant's Address:
NATURE OF COMPLAINT:
N n : dere v eh;de, ui&d,L�1le_ s, r
miSC• !1lebris
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Identify Results Page 1 of 1
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R1385986 Parcel#: 080536102020
Tax Area: 0604 Bordering County:
Acres: 0.0918
Township Range Section Quart. Sec. Subdivison Name Block# Lot#
06 - 66 - 36 - 1 ESPANOLA - - 33
Owners Name &Address: Property Address:
AGUILAR ROSITA ELVIRA& Street: 1503 N 25 AVCT WELD
325 23RD AVE CT City: WELD
GREELEY, CO 80631
Additional Owners:
MENDOZA JOSE
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception_#
$0
Legal Description
18071 L33 ESPANOLA SUB NW4NE4 36 6 66 SITUS: 1503 N 25 AVCT WELD 80631
Land Valuation Summary
Land Type Abst Code Unit of Number of Assessed
Actual Value
Measure Units Value
Residential 1112 Site
Land Subtotal: $15,000 $1,190
No Buildings on Parcel
http://maps2.merrick.com/W ebsite/Weld/setSgl.asp?cord=Q t 5ERY&DET=PP&pin=0805 3... 9/10/2009
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