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HomeMy WebLinkAboutMinutes_Special Master_12/03/2015 MINUTES VILLAGE OF TEQUESTA SPECIAL MAGISTRATE � DECEMBER 3, 2015 CODE ENFORCEMENT - HEARING CALL TO ORDER AND ROLL CALL The hearing was called to order at 10:00 a.m. and the Pledge of Allegiance was led by Special Magistrate Kevin Wagner. Present were: Special Magistrate Kevin Wagner, Code Enforcement Officer Joe Petrick, and Village Attorney Jack Rice. The hearing was called to order at 10:00 A.m. The Pledge of Allegiance was led by Special Magistrate Kevin Wagner. The following cases were heard by the Special Magistrate. STATUS HEARINGS None FINE ASSESSMENT HEARINGS 1. Case Number: 2015-00110 Federal National Mortgage Assn 95 Fairview West Tequesta, FL 33469 PCN: 60-42-40-26-01-000-4520 Legal Description: TEQUESTA LT 452 Chapter 30 Article II Section 30-33; Prohibited Conditions Findings of fact were the Respondent was the owner of the above-described property. The Respondent was represented at the hearing by Joe Boettag and proper notice was provided. By the "Order Finding Violation and Permitting Abatement" in October of 2015, the Special Magistrate authorized the Village to abate the violation of section 30- 33 immediately. Based upon the evidence, pictures and testimony presented at the hearing on December 3, 2015, the Special Magistrate found that the violation was abated by the Village, that the property is no longer in violation of section 30-33, and the Village was entitled to recover the costs of the abatement. Conclusions of law were that the above stated facts allowed a fine to be assessed against the property based upon the violation of Section 30-33 of the Code of Ordinances of the Village of Tequesta and the Village's actions and costs to abate this violation. Minutes — Special Magistrate 12/03/15 Page 2 � It is the Order of the Special Magistrate that a fine of Six Hundred Forty-Five Dollars ($645.00) be assessed against the property in order to recover the costs of abatement actions taken by the Village. Respondent is further assessed administrative costs of One Hundred Ninety-Nine Dollars and Forty-Four Cents ($199.44) for administrative costs incurred by the Vilfage in prosecuting this action. The previous assessment of One Hundred Ninety-Five Dollars ($195.00) in administrative costs imposed the prior Order Finding Violation And Authorizing Village Abatement is affirmed. Should the Respondent violate the same Section of the Code again, they may be subject to a fine of up to five hundred dollars ($500.00) per day for such repeat violation. Additionally, the Code Inspector is not required to give a reasonable time to correct the repeat viotation and the case may be presented to the Special Magistrate even if the repeat violation has been corrected prior to the Special Magistrate hearing. A certified copy of this Order may be recorded in the Public Records of Palm Beach County, Florida, and, once recorded, shall constitute a lien against the property upon which the violation exits and upon any other real or personal property owned by the Respondent, pursuant to Chapter 162, Florida Statutes. 2. Case Number: 2015-00093 Deutsche Bank National Trust CO TR 462 Tequesta Drive Tequesta, FL 33469 PCN: 60-42-40-25-06-021-0040 Legal Description: JUPITER tN THE PINES SEC B LT BLK 21 Chapter 30 Article II Section 30-33; Prohibited Conditions Findings of fact were the Respondent was the owner of the above-described property; the Respondent was not present at the hearing; however, there was a finding of proper notice. Per the "Order Assessing Fine and Permitting Village to Abate Violation" from October 2015, the Village was authorized to abate the violation of section 30-33 in order to bring the property into compliance. Based upon the evidence, pictures and testimony presented at the hearing on December 2015, the Special Magistrate found that the Viltage had abated the nuisance condition and that the property was now in compliance with Section 30-33. Conclusions of law were that #he above stated facts atlowed a fine to be assessed against the property based upon the violation of Section 30-33 of the Code of Ordinances of the Village of Tequesta and the Village's actions and costs to abate this violation. It is the Order of the Special Magistrate that a fine of One Hundr�ed Fifty Dollars ($150.00) be assessed against the property in order to recover the costs of abatement actions taken by the Village. Respondent further is assessed Two Hundred Five Dollars Minutes — Special Magistrate 12/03/15 Page 3 � and Ninety-Eight Cents ($205.98) for administrative costs incurred prior to the December 2015 hearing. Should you violate the same Section of the Code again, you may be subject to a fine of up to five hundred dollars ($500.00) per day for such repeat violation. Additionally, the Code Inspector is not required fo give a reasonabie time to correct the repeat violation and the case may be presented to the Specia{ Magistrate even if the repeat violation has been corrected prior to the Special Magistrate hearing. A certified copy of this Order may be recorded in the Public Records of Palm Beach County, Florida, and, once recorded, shall constitute a lien against the property upon which the violation exits and upon any other real or personal property owned by the Respondents, pursuant to Chapter 162, Florida Statutes. 3. Case Number: 2015-00003 ALS North America Inc. Brooksdale Tequesta 205-211 Village Blvd Tequesta, FL 33469 PC N : 60-43-40-30-46-001-0000 Legal Description: ALS PLAT OF VILLAGE OF TEQUESTA PT OF TR A LYG E OF & ADJ TO PAR 2, TRS B THRU J& NOT LABELED AREAS A/K/A PAR 1 Chapter 14 Article VI Section 14-152; Building Permits Chapter 30 Article II Section 30-33; Prohibited Conditions Chapter 22 Article ti Section 22-53; Powers and duties Chapter 78 Articte IX Section 78-612; Other Uses Findings of fact were the Respondent was the owner of the above-described property. The Respondent was not present at the hearing; however, there was a finding of proper notice. Nichole Plunkett, agent of Respondent's Tenant, provided testimony regarding the violations at the hearing. By the "Order Finding Violation" dated April 27, 2015 the Special Magistrate ordered the Respondent to comply with Sections 14-152, 30-33, 22- 53, and 78-612 of the Code of Ordinances of the Village of Tequesta on or before May 7, 2015. Based upon the evidence, pictures, and testimony presented at the hearing on December 3, 2015, the Special Magistrate found that the property remained in violation of Section 14-152 and was in compliance with Sections 30-33, 22-53, and 78-612. Conclusions of law were the above stated facts constituted a continuing violation of Section 14-152 of the Code of Ordinances of the Village of Tequesta. It was the Order of the Special Magistrate that a Fine of One Thousand Five Hundred Dollars and no cents {$1,500) is hereby assessed, and payable within fifteen days of the date of this order, for the violations which have existed on the property beginning April Minutes — Special Magistrate 12/03/15 Page 4 � 23, 2015 through December 3, 2015; and the fine amount shall continue to accrue at One Hundred Dollars ($100) per day until compiiance is achieved. The Respondent was also assessed $298.88 for administrative costs incurred by the Village prior to December 3, 2015 hearing. A certified copy of this Order may be recorded in the Public Records of Palm Beach County, Florida, and, once recorded, shall constitute a lien against the property upon which the violation exits and upon any other real or personal property owned by the Respondent, pursuant to Chapter 162, Florida Statutes. 4. Case Number: 2015-00118 MGA Tequesta LLC 3774 County Line Road Tequesta, FL 33469 PC N : 60-43-40-30-00-000-3050 Legal Description: 30-40-43 W 50 FT OF E 150 FT OF S 280 FT OF N 330 FT OF NW % OF NW %4 Chapter 30 Article 11 Section 30-33; Prohibited Conditions Chapter 78 Article IX Section 79-397; Prohibited Plant Species IPMC Section 303; Exterior Structure 303.2; Protective Treatment Findings of fact were the Respondent was the owner of the above-described property. The Respondent was present at the hearing, represented by Patrick Murphy and Chris Hanes; there was a finding of proper notice. By the "Order Finding Violation" dated October 28, 2015, the Special Magistrate ordered the Respondent to comply with Seetions 30-33, 79-397, and Appendix B(sections 303 and 303.2) of the Code of Ordinances of the Village of Tequesta on or before October 28, 2015. Based upon the evidence, pictures and testimony presented at the hearing on December 3, 2015, the Special Magistrate found that the property remained in v�olation of Sections 30-33, 79- 397 and Appendix B(sec#ions 303 and 303.2) of the Village of Tequesta Code of Ordinances. Conclusions of law were the above stated facts constituted a continuing violation of Sections 30-33, 79-397 and Appendix B(sections 303 and 303.2) of the Code of Ordinances of the Village of Tequesta. It was the Order of the Special Magistrate that a Fine of Thnee Thousand Six Hundred Dollars ($3,600) was hereby assessed, at One Hundred Dollars ($100.00) per day, for the violations which had existed on the properiy beginning from October 28, 2015 through December 3, 2015, a period of thirty-six days; and the fine amouni shall continue to accrue at One Hundred Dottars ($100.00) per day until compfiance is achieved. Minutes — Special Magistrate 12/03/15 Page 5 � The Respondent was atso assessed $198.96 for administrative costs incurred by the Village prior to December 3, 2015. A certified copy of this Order may be recorded in the Public Records of Palm Beach County, Florida, and, once recorded, shalt constitute a lien against the property upon which the violation exits and upon any other real or personal property owned by the Respondents, pursuant to Chapter 162, Florida Statutes. REPEAT VIOLATION HEARINGS 5. Case Number: 2015-00200 John and Ann La Comb 380 Church Road Tequesta, FL 33469 P C N : 60-42-40-25-06-032-0010 Legal Description: JUPITER IN THE PINES SEC B LT 1 BLK 32 Chapter 30 Article II Section 30-33; Prohibited Conditions Findings of fact were the Respondents were the owners of the above-described property. The Respondents were not present at the hearing; however, there was a finding of proper notice. Based upon evidence and testimony presented, the Special Magistrate found that tne property was in vioiation of Section 30-33 of the Code of Ordinances of the Village of Tequesta from November 13, 2015 through December 3, 2015, a period of twenty (20) days, and that the violation continues to exist. This was a repeat viotation of the same Vi{lage Code section from an "Order Finding Violation And Assessing Fine" dated October 8, 2012 in case number 2012-000101. Conclusions of law were the above stated facts, Respondents were in repeat violation of Section 30-33 of the Code of Ordinances of the Village of Tequesta. It was the Order of the Special Magistrate that a Fine of Ten Thousand Dollars ($10,000) is hereby assessed, at Five Hundred Dollars ($500) per day, for the repeat violation which existed on the property beginning November 13, 2015, through December 3, 2015, a period of Twenty days, and the fine amount shall continue to accrue at Five Hundred Dollars ($500) per day until compliance is achieved. Respondents were also assessed the Village's administrative costs in the amount of $197.98. A cert�ed copy of this Order may be recorded in the Public Records of Palm Beach County, Florida, and, once recorded, shall constitute a lien against the property upon which the viofation exits and upon any other real or personal property owned by the Respondents, pursuant to Chapter 162, Florida Statufes. Minutes — Special Magistrate 12/03/15 Page 6 VIOLATION HEARINGS 6. Case Number: 2015-00071 Coordinates NB LLC 40 Yacht Club Place Tequesta, FL 33469 PCN: 60-42-40-26-01-000-5980 Legal Description: TEQUESTA LT 598 & 30 FT ABND TEQUESTA DR LYG E OF & ADJ TO Chapter 14 Article VI Seetion 14-152; Bui(ding Permits Findings of fact were the Respondent was the owner of the above-described property. The Respondent was not present at the hearing; however, there was a finding of proper notice. Based upon the evidence, pictures and testimony presented at the hearing on December 3, 2015, the Special Magistrate found that the property was no longer in violation of Section 14-152, but did not comply by the date set in the notice of violation. Conclusions of law were the above-stated facts constituted a violation of Section 14-152 of the Code of Ordinances of the Village of Tequesta. The Respondent was ordered to maintain compliance with the Village's Code of Ordinances. Should the Respondent violate the same Section of the Code again, they may be subject to a fine of up to $500.00 per day for such repeat violation. Additionally, the Code Inspe�tor was not required to give a reasonable time to correct the repeat violation and the case may be presented to the Speciat Magistrate even if the repeat violation had been corrected prior to the Special Magistrate hearing. 7. Case Number: 2015-00179 Anthony Thomas 582 N. Dover Road Tequesta, FL 33469 PCN: 60-42-40-25-06-016-0281 Legal Description: JUPITER IN THE PINES SEC B LOT 28 /LESS W 3.89 FT/ & W% OF LOT 29 IPMC Chapter 3 Section 302.8 Motor Vehicles Minutes — Special Magistrate 12/03/15 P�ge 7 Findings of fact were the Respondent was the owner of the above-described property. The Respondent was present at the hearing; notice was proper. Based upon the evidence, pictures and testimony presented at the hearing on December 3, 2015, the Special Magistrate found that the property remained in violation of Appendix B(section 302.8 of IPMC) of the Village Code of Ordinances. Conclusions of law were the above-stated fa�ts constituted a violation of Appendix B (section 302.8 of IMPC) of the Code of Ordinances of the Village of Tequesta. The Respondent hereby was ordered to comply with Appendix B(section 302.8 of the IPMC) of the Code of Ordinances of the Village of Tequesta by March 16, 2015 or a fine of up to one hundred fifty dollars may be imposed for each day of noncompliance. A Status Hearing is set for March 17, 2016 at 10:00 a.m. Should the Respondent violate the same Section of the Code again, they may be subject to a fine of up to $500.00 per day for such repeat violation. Additionally, the Code Inspector was not required to give a reasonable time to correct the repeat violation and the case may be presented to the Special Magistrate even if the repeat violation has been corrected prior to the Special Magistrate hearing. Respondent was given notice to appear at the Status Hearing which will be held on the March 17, 2016 at 10:00 a.m. at Village Hatl Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469 unless the Code Enforcement Officer certifies timely compliance was made on the property. 8. Case Number: 2015-00099 Bhupendra Patel 391 Seabrook Road Tequesta, FL 33469 PC N : 60-42-40-25-10-016-0360 Legal Description: RESUB OF A PORTION OF JUPITER IN THE PINES SEC B LT 36 BLK 16 Chapter 70 Article IX Section 70-31; Local Business Tax Levied Chapter 78 Article IV Section 78-304; LP tank sales Findings of fact were the Respondent was the owner of the above-described property. The Respondent was represented at the hearing by Pravim Patel; notice was proper. Based upon the evidence, pictures and testimony presented at the hearing on December 3, 2015, the Special Magistrate found that the property remained in violation of Sections 70-31 and 78-304. Minutes — Special Magistrate 12/03/15 P�ge 8 � Conclusions of law were the above-stated facts constituted a violation of Sections 70-31 and 78-304 of the Code of Ordinances of the Village of Tequesta. The Respondent was ordered to comply with Sections 70-31 and 78-304 of the Code of Ordinances of the Village of Tequesta by January 27, 2016 or a fine of up to One Hundred Fifty Dollars per day may be imposed for each day of noncompliance. A Status Hearing is set for January 28, 2016 at 10:00 a.m. Should the Respondent violate the same Se�tion of the Code again, they may be subject to a fine of up to $500.00 per day for such repeat violation. Additionally, the Code Inspector was not required to give a reasonable time to correct the repeat violation and the case may be presented to the Special Magistrate even if the repeat violation had been corrected prior to the Special Magistrate hearing. The Respondent must appear at the Status Hearing which will be held on January 28, 2016 at 10:00 a.m. at Village Hall Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469 unless the Code Enforcement Officer certifies proper compliance has been made to the property. 9. Case Number: 2015-00182 John and Ellen Christopoulos 325 Beach Road # 106 Tequesta, FL 33469 PCN: 60-43-40-30-11-000-0060 Lega! Description: ISIAND HOUSE SOUTHWEST CONDOMINIUM ASSOCIATION APTS DWELLING UNIT 106 Chapter 14 Article VI Section 14-152; Building Permits Findings of fact were the Respondents were the owners of the above-described property. The Respondents were not present at the hearing; however, there was a finding of proper notice. Based upon the evidence, pictures and testimony presented at the hearing on December 3, 2015, the Special Magistrate found that the property remained in violation of Section, 14-152. Conclusions of law were the above-stated fa�ts constituted a violation of Section 14-152 of the Code of Ordinances of the Village of Tequesta. The Respondents were ordered to comply with Section 14-152 of the Code of Ordinances of the Village of Tequesta by January 27, 2016. If Respondents fail to comply with Section 15-152 by January 26, 2016, then a fine of up to One Hundred Dollars per day may be imposed for each day of noncompliance. Respondents were also assessed $209.94 for administrative costs incurred by the Village prior to the hearing on December 3, 2015. A Status Hearing was set for January 28, 2016 at 10:00 a.m. Minutes — Special Magistrate 12/03/15 Page 9 Should the Respondent violate the same Section of the Code again, they may be subject to a fine of up to $500.00 per day for such repeat violation. Additionally, the Code Inspec#or was not required to give a reasonable time to correct the repeat violation and the case may be presented to the Special Magistrate even if the repeat viofation had been corrected prior to the Special Magistrate hearing. The Respondent must appear at the Status Hearing which will be held on January 28, 2016 at 10:00 a.m. at �Ilage Hatt Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469 unless the Code Enforcement Officer certifies proper compliance has been made to the property. 10. Case Number: 2015-00197 Tamwest Realty Inc 564 US HWY 1 Tequesta, FL 33469 PCN: 60-43-40-30-00-001-0080 Legal Description: 30-40-43, SLY 291.75 FT OF ELY 209.21 FT LESS NLY 186.99 FT OF SLY 256.99 FT OF WLY 154.33 FT OF ELY 174.33 FT) & S 11 Chapter 78 Article IX Section 78-745; Prohibitions in All Zoning Categories Findings of fact were the Respondent was the owner of the above-described property. The Respondent was represented at the hearing by Trish Nayorene; notice was proper. Based upon the evidence, pictures and testimony presented at the hearing on December 3, 2015, the Special Magistrate found that the property was in compliance with section 78-745 but did not become compliant by the date specified in the notice of viotation. Conclusions of law were the above-stated facts constitute a viofation of Section 78-745 of the Code of Ordinances of the Village of Tequesta. The Respondent was ordered to maintain compliance with Section 78-745 of the Village Code of Ordinances. Should the Respondent violate the same Section o# the Code again, they may be subject to a fine of up to $500.00 per day for such repeat violation. Additionally, the Code Inspector was not required to give a reasonable time to correct the repeat violation and the case may be presented to the Special Magistrate even if the repeat violation had been corrected prior to the Special Magistrate hearing. Minutes — Special Magistrate 12/03/15 P�ge 10 11. Case Number: 2015-00100 Tamwest Realty Inc Rocky's Ace Hardware 582 US HWY 1 Tequesta, FL 33469 PCN: 60-43-40-30-00-001-0080 Legal Description: 30-40-43, SLY 291.75 FT OF ELY 209.21 FT LESS NLY 186.99 FT OF SLY 256.99 FT OF WLY 154.33 FT OF ELY 174.33 FT) & S 11 Chapter 70 Article IX Section 70-31; Local Business Tax Levied Chapter 78 Article IV Section 78-304; LP tank sales Findings of fact were #he Respondent is the owner of the above-described property. The Respondent was represented at the hearing by Trish Nayarene; notice was proper. Based upon the evidence, pictures and testimony presented at the hearing on December 3, 2015 the Special Magistrate found that the property was compliant with Sections 70-31 and 78-304, but did not comply with the sections by the date specified in the Notice o# Violation. Conclusions of law were the above-stated fa�ts constituted a violation of SeGtions 70-31 and 78-304 of the Code of Ordinances of the Village of Tequesta. The Respondent was ordered to maintain compliance with Sections 70-31 and 78-304 of the Code of Ordinances of the Village of Tequesta. Additionatly, Respondent was assessed $199.46 in costs incurred by the Village prior to the December 3, 2015 hearing. Should the Respondent violate the same Section of the Code again, they may be subject to a fine of up to $500.00 per day for such repeat viofation. Additionally, the Code Inspector was not required to give a reasonable time to correct the repeat violation and the c�se may be presented to the Special Magistrate even if the repeat violation had been corrected prior to the Special Magistrate hearing. The Respondent must appear at the Status Hearing which will be held on January 28, 2016 at 10:00 a.m. at Vitlage Hall Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469 unless the Code Enforcement Officer cert�es proper compliance has been made to the property. 12. Case Number: 2015-00195 Deanna and Thomas Hansen 538 Dover Road Tequesta, FL 33469 P C N : 60-42-40-25-060-160-170 Minutes — Special Magistrate 12/03/15 P'age 11 � Legal Description: JUPITER IN THE PINES SEC B LT 17 BLK 16 Chapter 78 Article VIII Section 78-255; General Requirements and Special Regulations Findings of fact were the Respondent was the owner of the above-described property. The Respondent was not present at the hearing; however, there was a finding of proper notice. The Village requested that this matter be rescheduled for January 28, 2015 to allow Respondent additional time to remedy the violation. It was the Order of the Code Compliance Special Magistrate that this matter was continued to the January 28, 2016 agenda, to be heard at 10:00 am at the �Ilage Hall Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469. 13. Case Number: 2015-00180 Paul Chiarani 175 Tequesta Drive Tequesta, FL 33469 P C N : 60-43-40-30-00-000-7150 Legal Descrip#ion: 30-40-4�3; TH PT OF SW %4 IN OR1252P482, BEING N 210 FT OF SLY 1420.49 FT OF W 100 FT OF E 40$.09 FT LYG W OF CENTER LI Chapter 46 Article III Section 46-73; Parking of Certain Commercial Vehicles, Trucks, and Recreational Vehicles in R-1, R-2 and R-3 Districts Findings of fact were the Respondent was the owner of the above-described property. The Respondent was not present at the hearing; however, there was a frnding of proper notice. Based upon the evidence, pictures and testimony presented at the hearing on December 3, 2015, the Special Magistrate found that the property remained in violation of Section 46-73. Conclusions of law were the above-stated facts constituted a violation of Section 46-73 of the Code of Ordinances of the Village of Tequesta. The Respondent was ordered to comply with Section 46-73 of the Code of Ordinances of the Village of Tequesta within 7 days of the date of this order or a fine of one hundred dollars may be imposed for each day of noncompliance beyond 7 dates from the execution of this order. Respondent also is assessed $997.36 for administrative costs incurred by the Village prior to December 3, 2015. A Status Hearing is set for January 28, 2016 at 10:00 a.m. Should the Respondent violate the same Section of the Code again, they may be subject to a fine of up to $500.00 per day for such repeat violation. Additionally, the Code Inspector was not required to give a reasonable time to correct the repeat Minutes — Special Magistrate 12/03/15 F�age 12 � violation and the case may be presented to the Special Magistrate even if the repeat violation had been corrected prior to the Special Magistrate hearing. The Respondent must appear at the Status Hearing which will be held on January 28, 2016 at 10:00 a.m. at Village Hall Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469 unless the Code Enforcement Officer certifies proper compliance has been made to the property. FORECLOSURE AUTHORIZATIONS 14. Case Number: 2012-00101 John and Ann La Comb 380 Church Road Tequesta, FL 33469 PCN: 60-42-40-25-06-032-0010 Legal Description: JUPITER IN THE PINES SEC B LT 1 BLK 32 Findings of fact were the Respondents, John and Ann La Comb, were not present at the hearing; however, there was a finding of proper notice of the hearing. The Village had a valid lien imposed by the Order Assessing Fine dated June 28, 2010 and recorded in the Public Records of Palm Beach County at Book 23950, Pages 1660 and 1661 on July 15, 2010. This lien had been recorded more than three months from the date of this Order Authorizing Foreclosure and remained unpaid. Conclusions of law were the above-stated facfis, the required conditions had been satisfied for the Special Magistrate to authorize foreclosure of such lien by the Village pursuant to Section 162.09(3), Florida Statutes. It was the Order of the Special Magistrate that the Village of Tequesta was hereby authorized to foreclose on the subject property located at 380 Church Road in the Village of Tequesta, Florida 33469, pursuant to Sec.162.09(3), Florida Statutes. FINE REDUCTION HEARINGS None APPROVAL OF MINUTES Speciaf Magistrate Wagner approved the minutes of the September 24, 2015 hearing. ADJOURNMENT There being no further cases, the meeting was adjourned. Respectfully submitted, Minutes — Special Magistrate 12/03/15 Page 13 Y (1�. � �t,�c��!�,�or� Lori McWilliams, MMC Village Clerk ATTEST: � , Co n orcement Officer 7 APPROVED: � � �� "��� I � � Special I�llagistrate Date Approved �