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HomeMy WebLinkAbout20102649.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING BCV #1000118 AGAINST JEFFREY AND CYNTHIA HASBROUCK 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, Jeffrey and Cynthia Hasbrouck, BCV#1000118, 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 9th day of November, 2010, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Jeffrey Hasbrouck was present at said hearing and provided testimony, and WHEREAS, the Board of County Commissioners deems it advisable to refer said violation to the Weld County Attorney's Office for legal action, with an instruction for delay of action upon such referral until December 9, 2010, to allow adequate time for the property owner(s) to bring the subject property into compliance by obtaining a new permit and completing the final inspection. 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 Jeffrey and Cynthia Hasbrouck, 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, with an instruction for delay of action upon such referral until December 9, 2010, to allow adequate time for the property owner(s) to bring the subject property into compliance by obtaining a new permit and completing the final inspection. L� VL, V i D` 2010-2649 1 - U - II PL0824 VIOLATIONS - BCV#1000118 - HASBROUCK PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of November, A.D., 2010. BOARD OF COUNTY COMMISSIONERS I WELD COUNT , RADO ELM ) 1► ` ,e �C6� �iUe — �'� <. A ) a aw la Rademacheir Weld County Clerk to the Bo.r,,sei le •z• = . N�; t.ara Kirkmeyer, Prh�-Tem Dep. Clerk o the Board EXCUSED Sean F. 9 way AP O ED FORM: • / i iam F. rcia f2ounty Attorney EXCUSED David E. Long Date of signature: I LA U 2010-2649 PL0824 46W�iDe 4gt: COLORADO Planning Department BUILDING VIOLATION CASE SUMMARY Violation Number: BCV10-00118 Compliance Officer: Peggy Gregory PRIMARY OWNER: Situs Address: 39660 CR 37 HASBROUCK JEFFREY R & Mailing Address: 39660 CR 37 AULT, CO 80610 Phone: 970-834-2344 PARCEL: 070918000042-R0332295 Acreage: 2.43 Legal Description: 14018-B PT N2SW4NW4 18 7 65 BEG 741.26'N OF W4 COR SEC N441.39' S85D25'E 138.09' S33D40'E 43.2' S26D10'E 168.13' S86D57'E 62' SOD01'W 249.24' N88D15'W 298.59' TO POB LOT A REC EXEMPT RE-1391 (.3R) 39660 37 CR WELD 00000 LOCATION: Location EAST OF AND ADJACENT TO COUNTY ROAD 37, SOUTH OF HIGHWAY 14 North AGRICULTURAL PROPERTIES South AGRICULTURAL PROPERTIES East AGRICULTURAL PROPERTIES West AGRICULTURAL PROPERTIES NOTIFICATION INFORMATION: Certified Date 10/19/2010 Certified Reference Number 7008 3230 0000 0473 3301 Certified Receipt Date 10/27/2010 VIOLATION REMEDY: A permit application and all applicable documentation shall be submitted for the addition to the existing dwelling, fees paid, the permit issued, and all inspections completed. RECOMMENDATION: Staff recommends this case be referred to the County Attorney for immediate action as there has been no response from the owner since March, 2010. WORKFLOW SUMMARY: Letter Mailed 02/05/2010 Letter to advise permit will expire on 03/05/10 Phone Call 02/11/2010 Phone call from owner, he thought everything was done. I told him an engineered letter on the perimeter drain is required, he will get that to me. Phone Call 03/12/2010 Phone call to owner, he will call the builder regarding the letter Extension approved 03/16/2010 180-day extension approved. Report ID: CODE00027v003 2010-2649 Page 1 of 2 Print Date-Time: 11/2/2010 3:19:18PM W10c COLORADO Planning Department BUILDING VIOLATION CASE SUMMARY Letter Mailed 08/02/2010 Letter to remind of extension expiration date Case Initiation 09/02/2010 Initiated Violation 09/02/2010 Violation Notice Letter Hearing Letter 0/19/2010 Certified Letter scheduling the case on 11/09/2010 Report ID: CODE00027v003 Page 1 of 2 Print Date -Time: 11/2/2010 3:19:18PM (II '11 DEPARTMENT OF PLANNING SERVICES Building Compliance Division I 1555 N 17'"AVE, Greeley, CO 80631 WI P C Website: www.co.weld.co.us OE-mail Address: pgregory@co.weld.co.us Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 COLORADO October 19, 2010 JEFFREY R and CYNTHIA A HASBROUCK 39660 CR 37 AULT CO 80610 Subject: BCV10-00118, Part of the N2SW4NW4 of Section 18, T7N, R65W, of the 6'° P.M., Weld County, Colorado Dear Mr. and Mrs. Hasbrouck: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on November 9, 2010,at 10:00 a.m.to consider the violations. The property is in violation of the following Sections of the Weld County Code: Section 29-3-10 "Building permit required." Section 29-8-40 "Expiration of permit." To bring your property into compliance: A permit application and all applicable documentation shall be submitted for the addition to the existing dwelling, fees paid, the permit issued, and all inspections completed. This meeting 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 at this meeting to answer any questions the Board of County Commissioners might have regarding the violation. The Department of Building Inspection 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, the action necessary to correct the violation,and that you were given sufficient time to remedy the violation. If you have any questions concerning this matter, please contact me at the above address, telephone number or e-mail address. ceray, -AM ate Sf Peggy Gregory Building Compliance Officer pc: BCV10-00118 SERVICE,TEAMWORK, INTEGRITY.QUALITY U.S. Postal Service.,., CERTIFIED MAIL,;:, RECEIPT ,..� (Domestic Mail Only;No Insurance Coverage Provided) .. F r•elivery inf•rmati nvisit •urwe•siteat www.us•s.c•me m t` Postage $ Certified Fee Postmark Return Receipt Fee Here (Endorsement Required) O Restricted Delivery Fee(Endorsement Required) O M Total Postage&Fees $ ru m Sent To nO Jeffrey R and Cynthia A Hasbrouck O Street,Apt.No.; 0 or PO Box No. 39660 CR 37 I` City State,ZIP+4 Ault CO 80160 PS Form 3800,August 2006 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete item 4 if Restricted Delivery is desired. � / J I « ❑Agent II Print your name and address on the reverse �SO ❑Addressee so that we can return the card to you. B. Received b (Printed Name a of livery ■ Attach this card to the back of the mailpiece, c �f or on the front if space permits. Jt' . - )a� )� D. Is delivery address different from item 1? 0 Y 1. Article Addressed to: If YES,enter delivery address below: 0 No WyA County Plennin; Department JEFFREY R & CYNTHI t,REELEY OFFICE HASBROUCK 39660 CR 37 OCT z ( 2 )10 AULT CO 80610 per/ {P p1 'ce Type i`\�V • r•'stareded �l El 0 Return ExprMaless for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7008 3230 0000 0473 3301 (Transfer from service lab*, PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 DEPARTMENT OF PLANNING SERVICES cie ( Building Compliance Division 1555 North 17th Avenue Gre eley, Colorado 80631 WEBSITE: www.co.weld.co.us E-MAIL: pgregory@co.weld.co.us PHOE: 970-353-6 C FAX:N 970-304-6498100 703046498100 x3568 COLORADO September 02,2010 Hasbrouck Jeffrey R & 39660 Cr 37 Ault, Co 80610 Building Violation Case: BCV10-00118 Expired Building Permit: BCR08-01150 Legal Description: Situs Address: 39660 CR 37 Dear Hasbrouck Jeffrey R &: Your building permit on the above noted property has expired and is currently in violation of the following Section of the Weld County Code: 29-3-10 "Building permit required." No building or structure regulated by this Building Code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate building permit for each building or structure has been first obtained from the Building Inspection Department. (Before any demolition permits are issued, approval must be given by the Department of Public Health and Environment.) 29-8-40"Expiration of permit." A. Every permit issued by the Building Official under the provisions of this Building Code shall expire by limitation and become null and void after the given utilization period has elapsed. The utilization period begins on the date of permit issuance. B. Exceptions.When a permit is issued, the Building Official may approve an expiration date exceeding the utilization period. The permittee must demonstrate that the complexity or size of the project makes completion of the project within the utilization period unreasonable. C. If the building or work authorized by a building permit has not received final inspection on or before the permit expiration date, all work shall cease until a new permit is issued. The permittee shall be eligible to apply for one(1) new permit upon the payment of permit fees to cover direct Weld County costs, The expiration date shall be determined by the scope of work to be completed. To bring your property into compliance with the Weld County Code: A permit application and all applicable documentation shall be submitted for the addition to the existing dwelling,fees paid, the permit issued. and all inspections completed. Page 1 of 2 Report ID: CODE00015v003 Print Date-Time: 9/2/2010 2:25:56PM DEPARTMENT OF PLANNING SERVICES Building Compliance Division �. 1555 North 17th Avenue Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us P9 regory@co.weld.co.us IE-MAIL: 970-353-6100 x3568 FAX: 970-304-6498 COLORADO 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 09/16/2010 to correct this building 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. 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. S' cerely, Peggy Gregory Building Compliance Officer File: BCV10-00118 BCR08-01150 Page 2 of 2 Report ID: CODE00015v003 Print Date-Time. 9/2/2010 2:25:56PM G 3/4 DEPARTMENT OF PLANNING SERVICES Building Compliance Division 1555 N 171h AVE, Greeley, CO 80631 WI lie Website: www.co.weld.co.us E-mail Address: pgregory@co.weld.co.us Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 COLORADO August 2, 2010 JEFFREY R and CYNTHIA A HASBROUCK 39660 CR 37 AULT CO 80610 Subject: Permit# BC R08-01150— Part of the N2SW4NW4 of Section 18, T7N, R65W of the 6`h P.M., Weld County, Colorado Dear Mr. and Mrs. Hasbrouck: On March 16, 2010, you were granted an extension on the above noted permit for an addition to the existing dwelling at 39660 County Road 37. According to our records, that extension is due to expire on September 1, 2010, and there are inspections remaining to be completed. Failure to complete the inspections by the expiration date will result in expiration of the permit, a violation notice, and is subject to go before the Board of County Commissioners with written notice. You may call our 24-hour inspection request line at 1-800-234-2534 or 970-356-8016. If you have any questions, I may be reached at 970-353-6100, Ext. 3568. Thank you for your cooperation in this matter. Sinc ely, Aketil Peggy Gregory Building Compliance pc: BCR08-01150 SERVICE,TEAMWORK INTEGRITY,QUALITY Peggy Gregory From: Jeffrey Hasbrouck Drhasbrouck@msn.com] Sent: Tuesday, March 16, 2010 1:32 PM To: Peggy Gregory Subject: Extension March 16, 2010 Department of Planning Services: Could you please extend the building permit for permit#BCR08-01150. We are waiting on our builder to turn in the final paperwork. Thank you. ��,c 4, .376./0 �'Jeffrey Hasbrouck /,/0 /}t&i), [ta to ti das 9 970-834-2344 Office 970-834-2905 Fax � rn _ �_J 970-396-3022 Cell S./6761- (Add do' R. jrhasbrouck(Tmsn.com 1 (it a DEPARTMENT OF PLANNING SERVICES Building Compliance Division 918 10th Street, Greeley, CO 80631 Inge Website: www.co.weld.co.us E-mail Address: pgregory@co.weld.co.us Phone: (970) 353-610, Ext. 3568 Fax: (9770) 304-6498 COLORADO February 5, 2010 JEFFREY R and CYNTHIA A HASBROUCK 39660 CR 37 AULT CO 80610 Subject: Permit# BCR08-01150 Part of the N2SW4NW4 of Section 18, T7N, R65W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Hasbrouck: This letter is to remind you that a permit for an addition to the existing dwelling at 39660 County Road 37 was issued on March 5, 2009. According to our records, this permit will expire on March 5, 2010, and all of the required inspections have not been completed. The Weld County Code states: Every permit issued by the Building Official under the provisions of the Building Code shall expire by limitation and become void after the given utilization period has elapsed. The utilization period begins on the date of permit issuance. If the building or work authorized by a building permit has not received final inspection on or before the permit expiration date, all work shall cease until a new permit is issued. The permittee shall be eligible to apply for one new permit upon the payment of permit fees to cover direct Weld County costs. The expiration date shall be determined by the scope of work to be completed. The Building permit holder may submit a request for an extension of time before the expiration of the utilization period. The Building Official may extend the Building Permit one time, for a period not to exceed 180 calendar days. Such request shall be submitted in writing and include the applicant's name, address, telephone number, the building permit number,site address and a description of specific circumstances which prevented completion of the work prior to the expiration date. A processing fee shall be charged if a building permit extension is granted. An expired permit will result in a violation being issued and will remain open until all inspections are completed on a new permit and is subject to go before the Board of County Commissioners with written notice. SERVICE,TEAMWORK,INTEGRITY,QUALITY page two You may call our 24-hour inspection request line at 1-800-234-2534 or 970-356-8016. If you have any questions, I may be reached at 970-353-6100, Ext. 3568. Peggy Gregory Building Compliance Officer pc: BC R08-01150 SERVICE,TEAMWORK,INTEGRITY,QUALITY Identify Results Page 1 of 3 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R0332295 Parcel#: 070918000042 Tax Area: 0919 Bordering County: Acres: 2.23 Township Ranae Section Quart.Sec. Subdivison Name Block# Lot# 07 - 65 - 18 -0 - - Owners Name&Address: Property Address: HASBROUCK JEFFREY R Street: 39660 37 CR 39660 CR 37 City: WELD AULT, CO 80610 Additional Owners: HASBROUCK CYNTHIA A Business/Complex: sales Summary Sale Date Sale Price Dee Tvpe Retention# 12/27/2001 $285,000 WD 2912477 Legal Des clripti n 14018-B PT N2SW4NW4 18 7 65 BEG 741.26'N OF W4 COR SEC N441.39'S85D25'E 138.09' S33D40'E 43.2'526D10'E 168.13' S86D57'E 62' S0D01'W 249.24' N88D15'W 298.59'TO POB LOT A REC EXEMPT RE-1391 (.3R) 39660 37 CR WELD 00000 Land Valuation Summary Land T e Abst Code Unit of Number of Assessed Yp Measure Units Actual Value Value Ccrnmercial 4180 Acres 2.23 Land Subtotal: 2.23 $1,115 $320 Buil ings Valuation SVmmary Bldg# Property Type Actual Value Assessed Value 1 Residential 2 Residential 3 Out Building 4 Out Building 5 Out Building Improvements Subtotal: $306,345 $28,900 Total Property Value $307,460 $29,220 Building Details Account#: R0332295 Parcel#: 070918000042 Owners Name&Address: Property Address: HASBROUCK JEFFREY R Street: 39660 37 CR 39660 CR 37 City: WELD AULT, CO 80610 http://maps2.merrick.com/Website/Weld/setSq 1.asp?cmd=QUERY&DET=PP&pin=0709... 10/26/2010 Identify Results Page 2 of 3 Building# Property Type 1 Residential Individual Built As Detail Built As: Ranch 1 Story Year Built: 1900 Exterior: Frame Hardboard HVAC: Forced Air Interior Finish: Drywall Built As SQ Ft: 1892 # of Baths: 2 Roof Type: # of Bdrms: Roof Cover: Composition Shingle # of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: 0 Detached SQ Ft: 288 Basement: Total SQ Ft: 500 Finished SQ Ft: 500 Account#: R0332295 Parcel#: 070918000042 Owners Name &Address: Property Address: HASBROUCK JEFFREY R Street: 39660 37 CR 39660 CR 37 City: WELD AULT, CO 80610 Building# Property Type 2 Residential Individual Built As Detail Built As: Ranch 1 Story Year Built: 1900 Exterior: Frame Hardboard HVAC: None Interior Finish: Plaster Built As SQ Ft: 936 # of Baths: 1 Roof Type: # of Bdrms: Roof Cover: Composition Shingle # of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R0332295 Parcel#: 070918000042 Owners Name &Address: PropeeAd_dress: HASBROUCK JEFFREY R Street: 39660 37 CR 39660 CR 37 City: WELD AULT, CO 80610 Building# Property Type 3 Out Building Individual Built As Detail Built As: Shed - Utility Year Built: 0 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 1 # of Baths: 0 Roof Type: # of Bdrms: 0 Roof Cover: # of Stories: 0 Rooms: 0 Units: 0 http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=0709... 10/26/2010 Identify Results Page 3 of 3 Game: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R0332295 Parcel#: 070918000042 Owners Name&Address: Property Address: HASBROUCK JEFFREY R Street: 39660 37 CR 39660 CR 37 City: WELD AULT, CO 80610 Building# Property Tyoe 4 Out Building Individual Built As Detail Built As: Shed - Utility Year Built: 1977 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 2080 # of Baths: 0 Roof Type: # of Bdrms: 0 Roof Cover: # of Stories: 0 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R0332295 Parcel#: 070918000042 Owners Name_&Address: Property Address: HASBROUCK JEFFREY R Street: 39660 37 CR 39660 CR 37 City: WELD AULT, CO 80610 Building# Property Type 5 Out Building Individual Built As Detail Built As: Shed - Utility Year Built: 1977 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 2080 # of Baths: 0 Roof Type: # of Bdrms: 0 Roof Cover: # of Stories: 0 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=0709... 10/26/2010 I111111IIIII IIIIIII Ian III IIIIIII I1111 IlII IIII 2912477 1272872001 1"5Am Jq Sind TaukemOto 1 0l 1 R 5.00 0 28.60 Weltl County C0 i Warranty Deed THIS DEED is a conveyance of the real property described below, including any improvements and other appurtenances (the 'property')from the individual(s),corporation(s),partnership(s),or other entity(ies)named below as GRANTOR to the individual(s) or entity(ies)named below as GRANTEE. The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to the property,except for(1)the lien of the general property taxes for the year of this deed,which the GRANTEE will pay(2)any easements and rights-of- way shown of record (3) any patent reservations and exceptions(4)any outstanding mineral interests shown of record IS) any protective covenants and restrictions shown of record(6)any additional matters shown below under'Additional Warranty Exceptions", and(7)subject to building and zoning regulations. D.F. $28.50 The Specific Tetras of Thin Deed Are: Grantor: (Give nane(s)and place(s)of residence;if the spouse of the owner.aramor is joining in this Deed in release homestead riahu.identify granters as husband and wife.) JACOB R. HASBROUCK AND AUDREY J. HASBROUCK Grantee: (Give name(s)and addras(e):statement of address,including available road or seat number.) JEFFREY R. HASBROUCK AND CYNTHIA A. HASBROUCK 39660 WCR 37, AULT, CO. 80610 Form of Co-Ownership: (If there arc two nr more gramecs named.they will he considered in take as tenants in common unless the wards'in)amt tenancy'or words of the same meaning arc added in the space below.) JOINT TENANTS Properly Description (Include county and state.) LOT 'A' OF RECORDED EXEMPTION NO.0709-18-2-RE-1391, ACCORDING TO THE PLAT RECORDED MAY 19, 1992 IN BOOK 1336 AS RECEPTION NO, 2288503, BEING A PORTION OF THE NWI/4 OF SECTION 18,TOWNSHIP 7 NORTH,RANGE 65 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO. Properly Address: 39660 WCR 37 ATILT CO 80610 Consideration: (The%Easement of a dollar amount is optional,aNymte consideration for this deed will be presumed unless this conveyance is identified as a gill. In any case this conveyance is absolute.finl and unconditional.) TWO HUNDRED EIGHTY FIVE'THOUSAND AND 00/100 Reservatlom(Restrlctlom: (If Ow GRANTOR intends to come any imams in the property or to convey less than is awned.tar if the GRANTOR is restricting the GRANTEE'S right m the property,make appropriate indication.) Additional Warranty Exceptions: (Include deeds of rust being assumed and other matters not covered above.) Executed by the Grantor on DECEMBER 27, 2001 Signature for Corporation,Partnership or Association: Signature for Individual(%): y (^ �( --V l��L Z �-1-�-! e2 Name of Grantor. Corporation,Parmership or Association JACOB R.HASBROUCK Grantor By Grantor ( By s(--/L-C. R2 T• L' J_�71.(�i AJ erl(T AUDREY J.IM OUC,K ' Grantor ( Attest STATE OF COLORADO COUNTY OF WELD The foregoing instrument aa� edged before me this 27th day of DECEMBER, 2001 By" JACOB R.HASB ^11r 'Y 1.HASBROUCK WITNESS my hand d dfm1sHAYFTT My commission ex t tOCTSNOW20 2005 Notary Public STATE OF ' 'Q ) sCs_ 1221 5TH AVENUE, GREELEV, CO.50631 COUNTY OF The foregoing instru y?F before me this day of By' films individual Gramorls)or if Grantor is Corporaion,Partnership or Association.then identify signers as president or vice president and secretary nr assistant secretary of corporation;or as partner(a)of parsncrnip:or as authorized members)of stone iation.) WITNESS my hand and official seal. My commission expires: Notary Public O 1951 UPDATE LEGAL FORMS WCTC Nn. 201-L Hello