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HomeMy WebLinkAbout952432.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST TIMOTHY AND MARY TROSTEL FOR VIOLATION OF THE WELD COUNTY ZONING ORDINANCE 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, Timothy and Mary Trostel, VI#2242, are allegedly in violation of the Weld County Zoning Ordinance, 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 December, 1995, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Timothy and Mary Trostel 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 of County Commissioners deems it advisable to delay referral of said violation to the Weld County Attorney's Office until February 1, 1996, to allow adequate time for the property owners to bring the subject property into compliance and for an inspection of the property by the Department of Planning Services staff, and WHEREAS, the Board deems it advisable to proceed with legal action against the above named individuals without further Board action if the subject property is not brought into compliance by February 1, 1996. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that if said violation still exists on February 1, 1996, the Weld County Attorney be, and hereby is, authorized to proceed with legal action against Timothy and Mary Trostel to remedy the violation of the Weld County Zoning Ordinance, 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. 952432 PL0824 l'G; , L; en; 7-7-ask / VIOLATIONS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of December, A.D., 1995. BOARD OF COUNTY COMMISSIONERS ,� La&rmaS OUNTY, CO .` " ' - „.._ bur y Clerk to the Board BY: Ili o A� L 11 1 tl X lC- nC�— arbara J. Kirkmeyer, ro-Tem Deputy Clerkthe Board FXCLJSFn George E. Baxter f APP S TO FOljl _j G/E�7F.i6Q?cFcioj. fit ti�.at , � Constance L. Harbe 44 u y Attorney +' i i\rC , 9 w. H. ebster 952432 PL0824 DATE: December 7, 1995 VIOLATION NUMBER: VI-2242 NAME: Timothy and Mary Trostel ADDRESS: 17264 Weld County Road 12 Fort Lupton, Co. 80621 LEGAL DESCRIPTION: NE4NW4 and NW4NW4 of Section 12, Township 1, Range 66, Exc Beg NW Cor of Sec S89D55' E 1259. 89' SOD21'W 1333.30, Weld County, Colorado CASE SUMMARY: September 5, 1995 Complaint made and assigned to Susan McMullen. September 5, 1995 Property inspected. Property is in violation. September 7, 1995 Five-Day compliance encouragement letter sent. September 15, 1995 Property Inspected. Property is in violation. Property owners son told me that his parents would be out of town until September 27, 1995 October 2, 1995 Property inspected. Property is in violation. Talked to property owner about violation. October 18, 1995 Zoning Violation notice sent. October 19, 1995 Property inspected. Property is in violation. November 27, 1995 Property inspected. Property is in violation. November 27, 1995 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. The noncommercial junkyard is a violation of Section(s) 31.2, and 31.3.9 of the Weld County Zoning Ordinance. To correct the violation a screening plan must be submitted and approved by the Department of Planning Services before installation or the noncommercial junkyard must be removed from the property. The Department of Planning Services also recommends that the County Attorney be authorized to proceed with legal action against any other persons occupying the properties, any person claiming an interest in the properties, and any persons acting in active concert with the identified parties. 952432 To: VI-2242 From: Susan McMullen Re: Recorded Violation number Date: November 30, 1995 • The violation file for Timothy and Mary Trostel initiated on October 10, 1995 should be correctly labeled VI-2242, not 2241 as appears on the correspondence. VI-2242 is the recorded violation number for the noncommercial junkyard violation located at 17264 Weld County Road 12, Fort Lupton, Colorado 80621. Susan McMullen Zoning Inspector pc: VI-2242 952432 'M y� : '. / u/w t+ _ .re:i. ; r a at/f .; *�e SH/4 se r e e sir f" T 4 C Pe ',#: A 1:,;.. ` >t? a M r y -y : Y 1- ii I t� •% . ,fw •;� b l. 4... •1 R-.- a IN" -e,1' -.a. .,i.1: • .G.Yrf--+ -R j. • .: 5 r>. t ty Reception No 173,Sa 1 ......__AlA11Y ANN ffiLAR5IEIN Recorder. ./ r .. es r '' 81 I Recorded at / ro o'clock A w.,._ DEC..1.3 .197.7..... ........ ° N s-/ 1 'O ;yy-' ''1).•` ? t. RECORDER'S STAMP k'.,. • THIS DEED. Slade this Ith day of December iiij3,.•90 ' � ID 77,between JOHN T. MARTIN and JAMES I. MARTIN, as Stout DocutnMoty Fa - e n. ,J 4.4AIndividuals, and for kIARTIN BROTHERS, fi DabQ`�,9 � r Jre -•'. ; a Partnership, ` " .*S of the County of Weld and State of _ ru • f Colorado,of the first port.and t '{ TIMOTHY NORMAN TROSTEL and MART THERI.SA TROSTEL CD 17264 Weld County Rd 12 4-.,.. . le/ c0 Fort Lupton '� !•' • =� .-1 ,. of the County of Weld and State of Colorado,of the second part: '.9: WITNESSETH.that the said part ies °f the first part.for an:in consideration of the sum of -r VE THOUSAND AND NO/100 - - - - - - - - - - - - - " ' - " ' DOLLARS. •• Ci_ , SIXTY-FIVE Pi. 3 „ ; ;_i M /o the said part Les of the first part is hand paid by the said pen::of the second part•the receipt when°, is h ':< �`T;, o hereby confessed and acknowledged.have granted.bargained,sold and conveyed.and iy these presents do G grant.bargain.sell,convey and confirm unto the said panin of the wend part.their heirs and assigns forever.non t. in tenancy in common but in joint tenancy,all the following described lot or comma Weld of land,situate.lying and ,+,,p.:; 1+; being In the commaWeld and State of Colorado.to wit: `i.i: The Northeast h of the Northwest h of Section 12, in Township 1 tee n North, of Range 66 West of tc�' ('r . tj :k , Also the Northwest $ of the ::o:'t:->:L:.t i of Section. 12, in `i d."k;4 H. Township 1 North of Range LC e:esr. •.. the _tri P.n.. , r01 EXCEPTING the following d+srr::- . : PPS.- Beginning at the Northwest corner said Northwest one-quarter . • Northwest one-quarter; '' ` thence S 89° 55' 41" E on an assumed bearing along the North line said Northwest one-quarter Northwest one-quarter a distance it>: of 1259.89 feet to a point 50.00 feet nest of the Northeast t`?` corner said Northwest one-quarter Northwest one-quarters ! _. thence S 00° 21' 56" W parallel with the East line said .:,e• ,•. Northwest one-quarter Northwest one-quarter a distance of A;-:c AA H. 1333.30 feet to a point on the South line said Northwest one- quarter Northwest one-quarter; coc t. thence N 89° 57' 04" w along the Uc,uth line said Northwest f : one-quarter Northwest one-quarter a diutance of 1263 39 feet er:: to the Southwest corner said Nor[1:vs.t" . .. -_ .. Ler Northwest onc-quarter; thence N 00° 30' 56" E along the Vest line said Northwest one-quarter Northwest one-quarter .t distance of 1333.84 feet ='. - to the POINT OF BEGINNING, EXCEPT and reserving unto the grantors all oil, gas end minerals; also reserving an moment over and across the cast 20 feet of said parcel for - ingress and egress to the S11 of the P,:t of said Section 12 for so long as the grantors shall own said parcel; at such time.said parcel is conveyed to any other ownership said right of way shall cease and revert to the fee _ simple owners of the above described parcel at t::at tS:re. „ EXCEPT and subject to all re;ervatiurr, r.;hts at e y and easements of record and/or visually evident, and subject to cxistinf; ell and gas lease of record. se y 4 .. ,. . r .:.. • eI t. t / if 1.E.,„, it Li l .....-..............,......... ttah S1t7 17'88.r>Ei0 el• ' 9. TOGETHER w all and singular the hereditament* and appurtenances thereuntu belonelar. or in anywise I:s.4} appertaining. the reversion and n•venions, remainder and ren.aindns.rents,Issues and profits thereof;and all the r•k!: ii .1 estate. right, title. intent. maim and demand whatsoever of the said mart of the lint part.either In law or .. equity.of. in and to the above bargained premises.with the hereditament*and appurtenances. Ll' . c TO HAVE AND TO HOLD the said premises above bargained and described.with the appurtenance.ur.to the said E e<xr'': ,t Partin of the second part.their heirs and assigns forever. And the said past its of the*inn part,for them - sel yes• their heirs. exela•••r.. and administrators do cotenant,grant.bsrrgsin and agree to and with the sad parties of the second part.their heirs and assigns.that at the time of the ensealing and delivery of these pm- As tints they ale well seized of the premises above:ronveyed, as of good, sure. perfect. absolute and Indefeasible ;,' estate of inheritance,in law,in lee simple.and ha ve gn.d right, full sower and lawful authority to grails bar- -'•;. gain. sell and convey the same in manner and form aforesaid.and that the same are free and clear from all former f"'u4'"i. , and other grants,bargains.sales,liens,taxes,assessment and encumbrances of whatever kind or nature saver; •,�,fi�" ' except and subject to general taxes for 1977 which the grantees herein assume I as and agree to pay when due; Pt L ', C r w, ,i 2 i and the above bargained premises in the quiet and parable possession of the said parties of the second pan. their heirs and assigns,against all and ever'person or persons lawfully claiming or to claim the whole or any part thereof. . the said pan ies of the first part shall and will WARRANT AND FOREVER DEFEND. �'.' ' $ IN WITNESS WHEREOF the said part iits of the first part ha ye hereunto set their hand and :s:r' sal the day and year first above written.. MARI1b BROTHERS, 4:4f" r,' A PARTRERSHIP ••»n ;_,. Signed.Sealed and Delivered la the Praeger of .. .... . .fa7AL1 Ise, ,-, • .. f2 1 ta;�,rLf j syt l ..i 4lr/ T. ,.ui../ !SCAM! k '3 John T. Mark to :•' j. , ILla+TGD . y �7T: a.a�...ieEAL) ' ,"4• fir" l STATE OF COLORADO r• Janis I. Martin t tze _._county af._....WLI.D_._. . AZ yartncrs, and for •hemselves. tl tins. - -�}'he Ierring,inatrament was acknowledged before me this 9th Snot December , e r (sj•Tr�t;.lcfht ':. Martin and James I. Martin, for themselves, and as partners of ..F �! r;+•?tar�tt{��•�eroEaera, a Partnership. itt"Np�l�MWiate4pftes Oct. 12 .19b 1 .Witness my hand and official seal. ',1. 8\•• P U • ::' ° taws yawn. t _,Bgr 441 __ _ 1.i1.4v>.o d Ss 921.WAIMEA/ITT site T.ISM Talent Il aefM hwaMy Co.144 4 Pomo%Sinn,Carew .CW ►„ M ar111, -MU it /leis:' F` S1s/Ve 12-7-77 r , ,,,• 'i:- to a e r. .t awed ,et, y�I�}T', t r s l-:. S ..i. . a r t+ t7"7it. l y � i1 -t r -,.{. �^"� 1 P. ♦ - • l 0 i� .t ✓ sett,'(•- f y.�. qi • a air ' ,cr .vt.. .. _ _. . _ o a) V ; I a Apt DEPARTMENT OF PLANNING SERVICES PHONE (303)353-6100,EXT.3540 FAX (303)352-6312 C. WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY,COLORADO 80631 COLORADO November 27, 1995 Timothy and Mary Trostel 17264 Weld County Road 12 Fort Lupton, CO 80621 Subject : VI-2241 Legal Description:NE4NW4 and NW4NW4 of Section 12,Township 1, Range 66 Exc Beg NWcor of Sec S89D55' E 1259.89' SOD21' W 1333.30 ,Weld County, Colorado Dear Timothy and Mary Trostel, The property referenced above remains in violation of the Weld County Zoning Ordinance. I have scheduled a meeting with the Board of County Commissioners on December 12, 1995 at 10:00 a.m.to consider the Zoning Violation occurring on your property. This meeting will take place in the County Commissioners' Hearing Room,first floor, Weld County Centennial Center, 915 Tenth 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 violation. 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,the action necessary to correct the violation, and that you were given sufficient time to remedy the violation. The property will be reinspected December 11, 1995. If you have any questions concerning this matter,please call me. • Sincerely, Susan 7- .McMullen/‘ Zoning Inspector pc: VI-2241 952432 f&trig Inspection Report winse COLORADO NAME: Timothy and Mary Trostel LEGAL DESCRIPTION OF PROPERTY: NE4NW4 and NW4NW4 of Section 12, Township 1,Range 66,Exc Beg NW cor of Sec S89D55' E 1259. 89' SOD21' W 1333.30, Weld County, Colorado DATE OF INSI?ECTION: November 27, 1995 CASE NUMBER: VI-2241 The property was inspected to determine compliance with section 31.2 and 31.3.9 of the Weld County Zoning Ordinance. The property is not in compliance at this time. There is a noncommercial junkyard consisting of several derelict vehicle located on the property. I did talk to the property owner,Timothy Trostel. He said that he intends to move the vehicles. He did say that some of the vehicles are not his and that it would take him until January 30, 1996 to get the vehicles moved. Mr. Trostel also told me that he is not operating his Fire Sprinkler business from his property. He did say that he brings his truck home from job sites but does not store supplies on his property. He told me that materials I had observed on his property were materials that he could not use. All materials that he uses at his job sites are brought by suppliers to the job site. Mr. Trostel also told me that the party I contacted on my first inspection was actually a house sitter and that she was taking messages for him for the business and for his home. With the new information from Mr. Trostel I am closing the business violation. Susan cMullen Zoning Inspector pc: VI-2241 952432 tett ingikInspection Report COLORADO NAME: Timothy and Mary Trostel LEGAL DESCRIPTION OF PROPERTY: NE4NW4 and NW4NW4 of Section 12, Township 1, Range 66, Exc Beg NW cor of Sec S89D55' E 1259.89' SOD21' W 1333.30, Weld County, Colorado DATE OF INSPECTION: October 19, 1995 CASE NUMBER: VI-2241 The property was inspected to determine compliance with section 31.2, 31.3.9, 31.4 and 31.4.15 of the Weld County Zoning Ordinance. The property is not in compliance at this time. There is still a noncommercial junkyard located on the property. While doing inspections in the area of this property I did notice that the derelict vehicles on their property can be seen from Weld County Road 37. The vehicles can also be seen from adjacent properties. tiCAiale Susan McMullen Zoning Inspector pc: VI-2241 952432 on A fD CDoay U I , O —'C w v O nsn13 D3 CD O CO CD 07 O O N 7 CO CD 11) =-.coZ al y co a -a..• n • CD 0) 0 0 J l aMi3 r $' a t• v `< o m Z • aQ c c J o a O. o co m rn N ry N 0 a O N (D /!15/Jec'/ an. 5 S G cey Y ane J Send / IA3 „ - CPn / 0ie-9S 952432 6 (71; DEPARTMENT OF PLANNING SERVICES PHONE (303)353-6100,EXT.3540 ik FAX (IVE03)OFFICES S WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE COLORADO GREELEY,COLORADO 80631 WELD COUNTY ZONING VIOLATION NOTICE October 18, 1995 Violation Number : VI-2241 Timothy Norman and Mary Teresa Trostel 17264 Weld County Road 12 Fort Lupton,Colorado 80621 Legal Description : NE4NW4 and NW4NW4 Section 12,Township 1. Range 66 Exc Beg NW cor of Sec S89D55'E 1259.89' SOD21' W 1333.30, Weld County,Colorado The uses on the above described property are being considered a zoning violation of Sections 31.2, 31.3.9,31.4 and 31.4.15 of the Weld County Zoning Ordinance.There is a unscreened noncommercial junkyard, and a"Fire Sprinkler"business located on the property. These are not a uses allowed by right in the Agricultural Zone District. The violation can be corrected by removing the unscreened noncommercial junkyard or by screening it. If screening is the option of choice then a detailed screening plan needs to be submitted to the Department of Planning Services for review and approval prior to installation. In order to bring property into compliance concerning the business. The business can be removed from the property or a"Use by Special Review Permit" can be applied for through the Department of Planning Services. If this is the option of choice then one of"Current Planners"at the Department of Planning Services can assist you with the application process. 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 30(Thirty) days from October 18, 1995 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 helpful. This office is ready to be of any assistance in clarifying or answering questions concerning this matter.Please call or write the Department of Planning Services' office. Sincerely Susan McMullen Zoning Inspector pc: `.�I-2241 SERVICE,TEAMWORK,INTEGRITY,QUALITY 957432 40 as ct vine Inspection Report COLORADO NAME: Timothy Norman and Mary Teresa Trostel LEGAL DESCRIPTION OF PROPERTY: NE4NW4 and NW4NW4 Section 12, Township 1, Range 66, Weld County, Colorado DATE OF INSPECTION: October 2, 1995 CASE NUMBER: VI-2241 The property was inspected to determine compliance with section 31.2, 31.3.9, 31.4, 31.4.15 of the Weld County Zoning Ordinance. The property is not in compliance at this time. There is an unscreened noncommercial junkyard on the property. It consists of several derelict vehicles located on the Fast side of the property. The vehicles can be seen from adjacent properties. There is also a fire sprinkler business located on the property. The business is called " Associated Fire Sprinkler Systems, Inc." The business does not have the required "Use by Special Review Permit". I did talk to an owner of the property during my inspection. She did say that she did not think the derelict vehicles could be seen by any adjacent neighbors. She also said that they had not received my previous letters. I did show her the five day letter and the previous inspection reports. She did check the address that I have listed and did confirm that it is the correct address. I will send new copies of the letters to her. • Susan McMullen Zoning Inspector pc: 95-2241 952432 fattrig iniDe Inspection Report COLORADO NAME: Timothy Norman and Mary Teresa Trostel LEGAL DESCRIPTION OF PROPERTY: NE4NW4 and NW4NW4 Section 12, Township 1,Range 66 EXC BEG NW COR OF SEC S89D55' E 1259.89' SOD21' W 1333.30' DATE OF INSPECTION: September 15, 1995 CASE NUMBER: C-95-105 The property was inspected to determine compliance with section 31.2, 31.3.9, 31.4, and 31.4.15 of the Weld County Zoning Ordinance. The property is not in compliance at this time. There is a noncommercial junkyard on the property. It consists of derelict vehicles and vehicle parts. The vehicles can be seem from adjacent properties. There are also numerous antique tractors,these are not considered to be a violation. There is also a business being run from the property. The business is "Associated Fire Sprinkler Systems,Inc". There is equipment and supplies for the business located on the property. The secretary at the business did tell me that the property owner was out of town and that his son was taking care of the property until their return. I did contact her inside the main residence. When I was leaving the property I did contact the Trostel's adult son. He said that Timothy Norman Trostel would be returning on September 27, 1995 and that he felt that his father would want to discuss the complaint with the Department of Planning Services. He also said that his father had not been home to receive the five day curtesy letter. I did tell him that I would wait for Mr. Trostel's return before pursuing the violation. two photographs taken. Susan McM len Zoning Inspector pc: C-95-105 95 4,32 • DEPARTMENT OF PLANNING SERVICES PHONE (303)353-6100,EXT.3540 O FAX (303)352-6312 WELD COUNTY ADMINISTRATIVE OFFICES • 1400 N. 17TH AVENUE COLORADO GREELEY,COLORADO 80631 September 7, 1995 Timothy Norman and Mary Teresa Trostel 17264 Weld County Road 12 Fort Lupton, Colorado, 80621 Subject: C-95-105, located on property described as NE4NW4 and NW4NW4 Section 12, Township 1, Range 66 Dear Timothy and Mary Trostel: It has come to the attention of the Department of Planning Services' staff that the uses on your property(17264 Weld County Road 12)may not be in compliance with the Weld County Zoning Ordinance. The potential noncompliance with the zoning ordinance is a unscreened noncommercial junkyard. Section 31.2 and 31.3.9. Please call me within five working days of the date of this letter to review the concerns with me. Sincerely, us an McMullen _ \ Zoning Inspector pc: C-95-105 SERVICE,TEAMWORK,INTEGRITY,QUALITY 952.432 iattet Inspection Report COLORADO NAME: Timothy Norman and Mary Teresa Trostel LEGAL DESCRIPTION OF PROPERTY: NE4NW4 and NW4NW4 of Section 12, Township 1, Range 66 DATE OF INSPECTION: September 5, 1995 CASE NUMBER: C-95-105 The property was inspected to determine compliance with section 31.2 and 31.3.9 of the Weld County Zoning Ordinance. The property is not in compliance at this time. There is an unscreened noncommercial junkyard located on the property. The junkyard consists of a large number of derelict vehicles. The junkyard needs to be removed or screened. If screening is the option of choice then a detailed screening plan needs to be submitted to the Department of Planning Services for review and approval Susan McMullen Zoning Inspector pc: C-95-105 r;1 ' ARC TP : R A �,' _._R'i Ar "MT YR: 1995 ATIIN 2 PIN: 6222086 PARC: ) 147112000056 LAST UPDATE: 03/12/1991 TROSTEL TIMOTHY NORMAN & MARY TERESA ACTIVE ON: 09/16/1986 INACTIVE ON: / / MAP# : 2480 17264 WELD CO RD 12 FT LUPTON CO 80621 TAX AREA 0820 . 074726 1994 DATE LAST ASSESS 04/21/1995 LAST ASSESS LAND 100 LAST ASSESS BLDGS 3360 TOTAL TACT ASSESS 3460 4147 39 . 34 100 PRIOR YEAR ASSESS 4220 TOT LAND 100 REC DT 12/13/77 DEED TP WD NUMBER 8170 01738580 WOL DOC FEE 6 .50 4277 3290 427;3 30 15871-G NE4NW4 & NW4NW4 12 1 66 EXC BEG NW COR TOT BLDGS 3320 OF SEC 589D55 'E 1259 . 89 ' SOD21 'W 1333 .30 ' TOTAL VALUE 3420 PF3 : PROFILE PFS :LEGALS PF7 :NEXT PARCEL PF11 :MENU PF4 : OWNERS PF6 :DOC HIST PF10 :PLOC PF12 :REAL MESSAGE: S524 2 s _ IC.EX _ _RY WBPINQ1 TROSTEL TIMOTHY N BP 05100 PT S13 T01 R68 MACH SHED 02/07/75 \ \ TROSTEL TIMOTHY NORMAN & MARY BP 32207 1 NE4NW4 & NW4NW4 S12 TO1 R66 ADD 2ND STORY 05/12/88 TROSTEL TIMOTHY NORMAN & MARY(---___ EP 30148 NE4NW4 & NW4NW4 S12 TO1 R66 ELECT ONLY 04/15/87 TROSTEL TOM CUP-00039 SW4 S05 T03 R68 SIN LE F RES 10 1/ - OSTEL T M EVERLY SUP- 4 st NE4 PT S14 T02 R68 DAIRY OPERATION 02/25/80 CONTINUE INQUIRY = I RETURN TO MAIN MENU = M RESTART INQUIRY = R RETURN TO CNDX MENU = E CHANGE RECORD (POSITION CURSOR) = S r .) 9J2'3;;72 Hello