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09/26/2012 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER September 26, 2012 Present: Michael Boutzoukas Chair James E. Strickland Board Member Sue A. Johnson Board Member Michael J. Riordon Board Member Wayne Carothers Board Member Absent: Duane Schultz Vice-Chair Sheila Cole Board Member Also Present: Nicole Nate Attorney for the Board Camilo Soto Assistant City Attorney Nicole Sprague Secretary to the Board Patricia O. Sullivan Board Reporter The Chair called the meeting to order at 1:30 p.m. at City Hall, followed by the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. The Chair outlined the procedures and stated any aggrieved party may appeal a final administrative order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County within thirty days of the execution of the order. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings. 2. APPROVAL OF MINUTES – August 22, 2012 Member Johnson moved to approve the minutes of the regular Municipal Code Enforcement Board meeting of August 22, 2012, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. 3. PUBLIC HEARINGS 3.1 Case 34-12 – Continued to 10/24/12 Continued from 7/25and 8/22/12 – Josee Goudreault & Dana T. Redd 1825 Venetian Point Drive Fences & Walls – Franco Case 34-12 was continued automatically to October 24, 2012. 3.2 Case 41-12 – CANCELLED/Complied Prior Robin C. Cooper & Michael T. Martek 1945 Magnolia Drive Residential Rental Business Tax Receipt – Shawen Code Enforcement 2012-09-26 1 3.3 Case 42-12 1504 Garden Inc 503 Marshall Street Exterior Surfaces – Franco Inspector Peggy Franco provided a PowerPoint presentation. A notice of violation was issued on May 31, 2012, following the first inspection. Violations at 503 Marshall Street relate to exterior surfaces. Property photographs on June 27, 2012 showed exterior surfaces with mildew, peeling paint, and rotting wood. Hashim Sullaiman, President of 1504 Garden Inc., was present and admitted to the violation. Member Johnson moved to find the Respondent in violation of the City of Clearwater Code of Ordinances as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Franco recommended compliance by October 29, 2012 or a fine of $150 per day be imposed. Mr. Sullaiman said since he purchased the property in 2001, he has been unable to utilize the buildings for their intended use. He said they deteriorated while he tried to solve various problems. He said he razed one building to meet parking requirements. He said his architect is applying for permits to rehabilitate the remaining structure. He said the major renovation should be completed within four months. In response to a question, Ms. Franco said previous cases related to the building’s exterior had been closed. Previous permits expired several years ago. She said Mr. Sullaiman had been provided sufficient time to comply. Assistant City Attorney Camilo Soto submitted composite exhibits. Member Riordon moved to enter an order requiring the Respondent to correct the violation on or before November 28, 2012. If the Respondent does not comply within the time specified, the Board may order a fine of $150 per day for each day the violation continues to exist. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Code Enforcement Board on September 26, 2012, after due notice to the Respondent(s), and having heard testimony under oath and received evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order: FINDINGS OF FACT Based upon the testimony and evidence received, it is evident that exterior surfaces have mildew, rotting wood, peeling paint, and missing and/or loose decorative elements. A representative of the Respondent was present. CONCLUSIONS OF LAW Code Enforcement 2012-09-26 2 3- The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 1502.B , as referred in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall comply with said Section(s) of the City of Clearwater Community Development Code by November 28, 2012. If Respondent(s) does/do not comply within the time specified, the Board may order a fine of $150.00 per day for each day the violation continues to exist. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Peggy Franco, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. Any aggrieved party may petition the Board to reconsider or rehear any Board Order resulting from a public hearing. A petition for rehearing must be made in writing and filed with the Board Secretary no later than thirty days after the execution of the Order and prior to the filing of any appeal. Upon receipt of the petition, the Board will consider whether or not to reconsider or rehear the case. The Board will not hear oral argument or evidence in determining whether to grant the petition to reconsider or rehear. Any aggrieved party may appeal a final administrative Order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County within thirty (30) days of the execution of the Order. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings. DONE AND ORDERED this 26th day of September 2012, at Clearwater, Pinellas County, Florida. 3.4 Case 43-12 – Repeat Violation Mary M. Jones 2021 Oakdale Way Development Code Violation – Franco Inspector Peggy Franco provided a PowerPoint presentation. A notice of repeat violation was issued on August 10, 2012, following inspection. Repeat violations at 2021 Oakdale Way relate to multiple tenants occupying the residence at various intervals. A property photograph on September 26, 2012 showed the single-family house. On July 27, 2011, the MCEB (Municipal Code Enforcement Board) issued an order finding that this same condition had existed but was corrected prior to the hearing. She said the tenant’s name is Richard Emory; in the recent past she spoke with three others who claimed to live at this address. Police Officer William Connell said since July 27, 2011, a number of people either claimed, when interviewed by the police, that they lived at 2021 Oakdale Way or had drivers licenses and vehicle tags listing the Oakdale Way address. He said the police have arrested numerous people on the property, mostly for domestic disturbances. He said the property has an extensive history of police calls, with the most recent one month or so ago. Code Enforcement 2012-09-26 3 Property owner Mary Jones denied the violation exists. She said she has never run a boarding house. She said the house was empty for six months while she invested $12,000 in the property to attract a quality family. She said after four or five families, who were nightmares, she rented in May to Richard Emory. She said Matthew Cunningham lived there for a month until he was charged with trespassing for mistakenly entering the wrong house. She said all of the named people are disabled. In response to a question, Ms. Jones said her appeal of the July 2011 order had been denied. She said the Code does not state who is allowed to live in a single-family residence and she wanted to know who she can rent to. She said Federal law allows disabled groups to live together. She said the residents are like a family. In response to a question, she said when police are called to the property, they sometimes transport ill people to the hospital. She said the police were called to the property several years ago due to arguing and predators. James, tenant of adjoining property also owned by Mary Jones, said many people fraudulently use the 2021 Oakdale Way address. Ken Colville said he has lived across the street from this property for 26 years and there has been turmoil at the subject property since Ms. Jones took possession. He said as many as seven transients at a time live at the house and disturb the neighborhood. In response to a question, he said one neighbor was so fed up with the commotion, he sold his house. Tenant Richard Emery said he had gotten rid of one resident and Matthew Cunningham had only lived there for one month. He said he lives alone and he has not seen Freddy Jones for a month. He said the house does not have padlocks or latches on the bedroom doors nor refrigerators in the bedrooms anymore. Discussion ensued with comments that multiple people claimed to live in the house subsequent to the last violation and testimony indicates that three or more people have lived there recently. It was stated a “family unit” never was created. It was noted that the property continues to cause problems for the neighborhood. Member Riordon moved to find the Respondent in violation of the City of Clearwater Code of Ordinances as referred to in the affidavit in this case and has committed a repeat violation. The motion was duly seconded and carried unanimously. Inspector Franco recommended compliance immediately and a fine of $500 per day be imposed for each day the violation has existed. Ms. Jones said she is not sure what the violation is for. She said residents of the house are a family of disabled people. She said no violation exists or ever existed. It was stated that Ms. Jones can appeal the board’s decision to the courts if she thinks the Code is ambiguous. Attorney Soto submitted composite exhibits. Code Enforcement 2012-09-26 4 Member Strickland moved to enter an order that a fine of $500 per day be imposed for the time the violation has existed since January 18, 2012, and further moved to order the Respondent to correct the violation immediately. If the Respondent does not correct the violation immediately, the Board may order an additional fine of $500 per day for each day the violation continues to exist. The motion was duly seconded. Members Strickland, Johnson, Riordon, and Chair Boutzoukas voted “Aye”; Member Carothers voted “Nay.” Motion carried. Inspector Franco corrected the record, stating that based on documentation, the City can pinpoint that three non-related people were living in the house as of July 18, 2012. Member Riordon moved to reconsider the motion. The motion was duly seconded and carried unanimously. Member Strickland moved to enter an order that a fine of $500 per day be imposed for the time the violation has existed since July 18, 2012, and further moved to order the Respondent to correct the violation immediately. If the Respondent does not correct the violation immediately, the Board may order an additional fine of $500 per day for each day the violation continues to exist. The motion was duly seconded. Members Strickland, Johnson, Riordon, and Chair Boutzoukas voted “Aye”; Member Carothers voted “Nay.” Motion carried. This case came before the City of Clearwater Code Enforcement Board on September 26, 2012, after due notice to the Respondent(s), and having heard testimony under oath and received evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order as follows: FINDINGS OF FACT Based upon the testimony and evidence received, it is evident that multiple tenants have occupied the residence at various intervals since July 18, 2012. The Respondent was present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Community Development 1-1043.B Code Section(s) ) as referred in the Affidavit in this case and was/were previously found to have violated the same provisions on July 27, 2011, and therefore, has/have committed a repeat violation. ORDER It is the Order of the Board that the Respondent(s) shall comply with said Section(s) of the City of Clearwater Code immediately. It is also the Order of the Board that the Respondent(s) shall pay a fine of $500.00 per day commencing on July 18, 2012 and continuing for each day the violation continues to exist. Upon complying, the Respondent(s) shall notify Peggy Franco, who shall inspect the property and notify the Board of compliance. Should the violation reoccur, the Board has the authority to impose the fine at that time without a subsequent hearing. Any aggrieved party may petition the Board to reconsider or rehear any Board Order resulting from a public hearing. A petition for rehearing must be made in writing and filed with Code Enforcement 2012-09-26 5 the Board Secretary no later than thirty days after the execution of the Order and prior to the filing of any appeal. Upon receipt of the petition, the Board will consider whether or not to reconsider or rehear the case. The Board will not hear oral argument or evidence in determining whether to grant the petition to reconsider or rehear. Any aggrieved party may appeal a final administrative Order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County within thirty (30) days of the execution of the Order. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings. DONE AND ORDERED this 26th day of September 2012, at Clearwater, Pinellas County, Florida. 3.5 Case 44-12 – Repeat Violation Mary M. Jones 1223 Idlewild Drive Exterior Storage/Outdoor Display - Franco Inspector Peggy Franco provided a PowerPoint presentation. A notice of repeat violation was issued on August 3, 2012, following inspection. Repeat violations at 1223 Idlewild Drive relate to the outdoor storage of indoor furniture, i.e. wooden desk and file cabinet, mirror, fabric covered chairs, and plastic containers. Property photographs on July 18 and July 31, 2012, showed in the back yard a wooden desk and file cabinet, a table, a fabric covered chair and three pieces of art hung on the fence, in the side yard mirrors and a table, and in the front yard an assortment of plastic water jugs and buckets in the bushes along the house, and a rocking chair on the front porch. Property owner Mary Jones denied the violation. She said while her tenant needs the rocking chair to meet his disability needs she threw it in the trash months ago. She said the other stuff was outside while carpeting was replaced; the items have been moved inside. She said her tenant uses the jugs to be green and collect rain water to water the yard. She said the County said capped jugs are allowed. She said most of the stuff cannot be seen from the street. She said the City must make reasonable accommodation for her disabled tenant. In response to a question, Inspector Franco said she drove past the property today and the rocking chair is gone but the jugs and buckets are still in the bushes; she could not see into the back or side yards. She said she cannot visit the property without a police escort or she will be confronted. Tenant James said he had a right to keep the rocking chair on the front porch. He said he needs the jugs to collect rainwater because the City has poor water management and restricts watering hours. He said the filing cabinet was in an enclosed area and the City did not have the right to open the gate and violate his privacy. He accused Inspector Franco of stalking him. Discussion ensued regarding the back yard with comments that items can be brought outside temporarily while interior work is being done and concerns expressed that the backyard items were staged for outside seating and not in a pile as would be the case if it was a temporary condition. It was stated the problem is chronic as grass was growing over some of Code Enforcement 2012-09-26 6 the items, which indicated the furniture had been outside for quite a while. It was felt the tenant is flaunting City law. Inspector Franco stated that the gate was open when she took the photographs. She said County Mosquito Control standards relate to standing water and do not relate to City Code. Member Riordon moved to find the Respondent in violation of the City of Clearwater Code of Ordinances as referred to in the affidavit in this case and has committed a repeat violation. The motion was duly seconded. It was noted that jugs of water cannot be stored outside around a property. It was commented that it would be difficult to collect rainwater in sealed jugs. Upon the vote being taken, Members Johnson, Riordon, Carothers, and Chair Boutzoukas voted “Aye”; Member Strickland voted “Nay.” Motion carried. Inspector Franco recommended compliance immediately and a fine of $500 per day be imposed for each day the violation has existed. She said evidence indicates the furniture was stored outside at least from July 16 to 31, 2012 and the jugs, outside since July 16, 2012, have not been removed. Ms. Jones said the City needs to make reasonable accommodation for disabled people. She said the tenant moves furniture outside and she moves it back inside; that is part of who he is. She said he means no harm. Attorney Soto submitted composite exhibits. Member Riordon moved to enter an order requiring the Respondent to correct the violation on or before October 8, 2012. If the Respondent does not comply within the time specified, the Board may order a fine of $250 per day for each day the violation has existed since July 18, 2012, and $250 per day for each day the violation continues to exist. The motion was duly seconded. It was stated the property owner is responsible for meeting Code regarding the storage of indoor furniture. It was indicated that storing water jugs outside violates Code. Upon the vote being taken, the motion carried unanimously. This case came before the City of Clearwater Code Enforcement Board on September 26, 2012, after due notice to the Respondent(s), and having heard testimony under oath and received evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order as follows: FINDINGS OF FACT Based upon the testimony and evidence received, it is evident that outdoor storage of indoor items and plastic containers and buckets exist. The Respondent was present. CONCLUSIONS OF LAW Code Enforcement 2012-09-26 7 The Respondent(s) is/are in violation of the City of Clearwater Community Development 3-1502.G.1, 3-1502.G.2, and 3-913 Code Section(s) ) as referred in the Affidavit in this case and was/were previously found to have violated the same provisions on July 27, 2011, and therefore, has/have committed a repeat violation. ORDER It is the Order of the Board that the Respondent(s) shall comply with said Section(s) of the City of Clearwater Code by October 8, 2012. If compliance is not met by October 8, 2012, it is also the Order of the Board that the Respondent(s) shall pay a fine of $250.00 per day commencing on July 18, 2012, and continuing for each day the violation continues to exist. Upon complying, the Respondent(s) shall notify Peggy Franco, who shall inspect the property and notify the Board of compliance. Should the violation reoccur, the Board has the authority to impose the fine at that time without a subsequent hearing. Any aggrieved party may petition the Board to reconsider or rehear any Board Order resulting from a public hearing. A petition for rehearing must be made in writing and filed with the Board Secretary no later than thirty days after the execution of the Order and prior to the filing of any appeal. Upon receipt of the petition, the Board will consider whether or not to reconsider or rehear the case. The Board will not hear oral argument or evidence in determining whether to grant the petition to reconsider or rehear. Any aggrieved party may appeal a final administrative Order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County within thirty (30) days of the execution of the Order. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings. DONE AND ORDERED this 26th day of September 2012, at Clearwater, Pinellas County, Florida. 4. UNFINISHED BUSINESS 4.1 Case 22-12 – Affidavit of Non-Compliance LOM Inc 311 S Gulfview Boulevard Sea Turtle Nesting Area – O’Neil 4.2 Case 35-12 – Affidavit of Non-Compliance An Pham & Minh Dam 1601 N Osceola Avenue Minimum Building Fire Code Requirements/Roof Maintenance/Door & Window Openings/Fences & Walls/Exterior Surfaces – Franco 4.3 Case 02-12 – Affidavit of Compliance Circle K Stores 1502 S Belcher Road Abandoned Signs/Non-Conforming Signs – Weaver Code Enforcement 2012-09-26 8 4.4 Case 12-12 – Affidavit of Compliance Salimeh Harb 1430 Joel Lane Development Code Violation – Franco 4.5 Case 29-12 – Affidavit of Compliance Anne Beaudry 106 S Orion Avenue Delinquent Business Tax – Shawen 4.6 Case 30-12 – Affidavit of Compliance Chris L. Rattray 1810 Star Drive Delinquent Business Tax – Shawen 4.7 Case 31-12 – Affidavit of Compliance Chris Rattray & Anne Beaudry 100 N Comet Avenue Delinquent Business Tax – Shawen 4.8 Case 32-12 – Affidavit of Compliance Chris Rattray & Anne Beaudry 2041 McKinley Street Delinquent Business Tax – Shawen 4.9 Case 33-12 – Affidavit of Compliance Chris Rattray & Anne Beaudry 7 S Lake Drive Delinquent Business Tax – Shawen Member Johnson moved to accept the Affidavits of Compliance for Cases 02-12, 12-12, 29-12, 30-12, 31-12, 32-12, and 33-12 and to accept the Affidavits of Non-Compliance and issue Orders imposing fines for Cases 22-12 and 35-12. The motion was duly seconded and carried unanimously. 5. NEW BUSINESS: nd 5.1 Cases 40-10 & 41-10 – Request for Fine Reduction (2 Request) Leila Cobb/Van Cobb 809 & 807 Garden Avenue Lot Clearing Violation Secretary to the Board Nicole Sprague said the fine for Case 40-10 had accrued to $5,817.25 and the fine for Case 41-10 had accrued to $13,400. Property owner Van Cobb requested additional time to pay off fines previously reduced by the board. He said he was 9 months late paying off the reduced fine for his mother’s property at 809 Garden Avenue and requested that the board consider that fine to be paid in full. He requested 5 more months to pay the reduced fine on his property at 807 Garden Code Enforcement 2012-09-26 9 Avenue; he has paid $200. In response to a question, he said he had used his resources to pay his mother’s fine. Member Riordon moved to enter an order reducing the fine for Case 40-10 to administrative costs of $1,382.75, which was paid in full on August 22, 2012. The motion was duly seconded and carried unanimously. Attorney Soto submitted composite exhibits. The Municipal Code Enforcement Board has considered the Respondent’s request for reconsideration of fine at a hearing held on September 26, 2012, and based upon the evidence presented, enters the following Findings of Fact, Conclusions of Law, and Order. After considering the request for reduction of fine filed by the Respondent(s) and considering that the property is now in compliance, it is evident that a reduction in fine is appropriate in the above-referenced case. It is the Order of this Board that the fine previously imposed in the Order of the Board dated May 25, 2011, as recorded in O.R. Book 17599, Pages 331-333, of the public records of Pinellas County, Florida, Pinellas County, Florida, is hereby reduced to administration costs of $1,382.75, which was paid in full on August 22, 2012. DONE AND ORDERED this 26th day of September 2012, at Clearwater, Pinellas County, Florida. Member Riordon moved to enter an order reducing the fine for Case 41-10 to administrative costs of $1,382.75, of which $200 has been paid, payable by March 31, 2013, or lien will revert to its original amount. The motion was duly seconded and carried unanimously. The Municipal Code Enforcement Board has considered the Respondent’s request for reconsideration of fine at a hearing held on September 26, 2012, and based upon the evidence presented, enters the following Findings of Fact, Conclusions of Law, and Order. After considering the request for reduction of fine filed by the Respondent(s) and considering that the property is now in compliance, it is evident that a reduction in fine is appropriate in the above-referenced case. It is the Order of this Board that the fine previously imposed in the Order of the Board dated May 25, 2011, as recorded in O.R. Book 17599, Pages 334-336, of the public records of Pinellas County, Florida, is hereby reduced to administrative costs of $1,382.75, less $200.00 paid, payable to the Petitioner by March 31, 2013. If the reduced fine is not paid within the time specified in this Order, a lien in the original amount of $13,600.00 shall be recorded in the public records of Pinellas County, Florida. DONE AND ORDERED this 26th day of September 2012, at Clearwater, Pinellas County, Florida. 5.2 Case 10-12 – Request for Fine Reduction US Bank Natl Ass Tre Code Enforcement 2012-09-26 10 510 N Garden Avenue Abandoned Bldg/Public Nuisance Condition – Franco Chris Byrd said he purchased this property several weeks ago and had cleaned it before closing even occurred. He said the utilities are on. He requested a fine reduction and 30 days to pay, stating money for the fine is held in escrow. Inspector Peggy Franco said the property is in compliance. Attorney Soto submitted composite exhibits. Member Riordon moved to enter an order reducing the fine for Case 10-12 to administrative costs of $3,518.70, payable by November 29, 2012, or the lien will revert to its original amount. The motion was duly seconded and carried unanimously. The Municipal Code Enforcement Board has considered the Respondent’s request for reconsideration of fine at a hearing held on September 26, 2012, and based upon the evidence presented, enters the following Findings of Fact, Conclusions of Law, and Order. After considering the request for reduction of fine filed by the Respondent(s) and considering that the property is now in compliance, it is evident that a reduction in fine is appropriate in the above-referenced case. It is the Order of this Board that the fine previously imposed in the Order of the Board dated April 25, 2012, as recorded in O.R. Book 17579, Pages 495-498, of the public records of Pinellas County, Florida, is hereby reduced to administration costs of $3,516.70 payable to the Petitioner by November 29, 2012. If the reduced fine is not paid within the time specified in this Order, a lien in the original amount of $40,000.00 shall be recorded in the public records of Pinellas County, Florida. DONE AND ORDERED this 26th day of September 2012, at Clearwater, Pinellas County, Florida. 6. NUISANCE ABATEMENT LIEN FILINGS: Kenneth D. Raney PNU2012-00884 2498 Stag Run Boulevard 06-29-16-16860-000-1480 $417.05 Ian & Wendy Southall PNU2011-02345 306 Kilmer Avenue 18-29-16-34560-005-0110 $269.25 Cely Bou PNU2012-00711 2075 Camellia Drive 13-29-15-34830-000-0080 $311.56 Code Enforcement 2012-09-26 11 Justin &Amy Pfaelzer PNU2012-00747 956 Bay Esplanade 32-28-15-13464-256-0130 $341.19 Richard & Carol Taylor PNU2012-00054 809 Lotus Path 15-29-15-54414-004-0190 $269.25 Eric D. & Renee A. Parks PNU2012-00837 714 S Ft Harrison Avenue 16-29-15-36270-000-0010 $273.66 Joyce E Farley PNU2012-00604 2080 San Marino Way N 01-29-15-93628-000-0960 $269.25 Dimitrios Kapetanopoulos PNU2012-00510 705 Court Street 15-29-15-54450-014-0040 $322.27 *********** PNU2012-00763 400 Casler Avenue 11-29-15-32850-000-0920 $403.30 Pace Tech Properties Inc PNU2012-00269 507 N Garden Avenue 09-29-15-37422-002-0170 $446.50 Member Johnson moved to accept the Nuisance Abatement Lien filings. The motion was duly seconded and carried unanimously. ITEMS NOT ON THE AGENDA Consensus was for the Board Secretary to email hearing notices to board members instead of mailing them. Ms. Sprague said members will be provided hard copies at meetings. 7. ADJOURN: The meeting adjourned at 3:37 p.m. / Chair Attest: Municipal Code Enforc,ment Board _ 1 . `i e�`GF rHE cr- ary for the :■ard .`,�;�AI i .(; v+, Code Enforcement 2012-09-1'4'ri /4TEA(_" 12 4t, CS:17 •