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2020-03-03 Ex 03Exhibit 3 MAR 3, 2020 C. Case Number 15-058 Dag International Group LLC; 110 Northwest 61h Street, Okeechobee, Florida 34974 (Chapter 30 Section 30-44 and 30-43) City of Okeechobee Code Ordinance. [City of Okeechobee Lots 10 to 12 INC Block 76] Mr. Kevin Dag was sworn in and Special Magistrate Azcona asked if he was aware of the violations on the property. Mr. Dag stated that yes, he was, but he was out of the country due to his service in the Military. Mr. Dag stated that he was informed about the violation on the property Chapter 30 Section 30-44 General Cleaning and Beautification along with Chapter 30 Section 30-43 Public Nuisance. Mr. Dag stated that this was the first time the property was in violation and that being in the Military made it hard for him to come back and resolve the issue. Magistrate Azcona asked if Mr. Dag would be fine with the fine reduction request being at the 10% owed on the property? Magistrate Azcona stated that would bringing the fine from $2,795.00 to $279.00 if the City Council approves it. Mr. Dag stated that he would be fine with that but would like us to consider that he was out of the Country. City Attorney Carlyn Kowalsky stated that she would like to present this case to the City Council with a waiver due to Mr. Dag's Military service. Attorney Kowalsky stated that if the City Council declines the waiver then it would revert to the 10% owed of the $2,795.00 Bringing the fine to $279.00 plus the administrative fees of $50.00. Magistrate Azcona asked Mr. Dag if he could bring in a copy of his Military papers to show proof of his service. Mr. Dag stated that he would drop a copy off to the Code Enforcement Office. Special Magistrate Azcona found the property to be in violation from July 18, 2016 until January 17, 2017. He recommended that this case be brought Infront of the City Council by City Attorney Kowalsky with a Military Waiver to get the fine dropped. Magistrate Azcona sated that if the City Council denies the Waiver, then her would recommend a 10% fine reduction. IX. ADJOURN MEETING There being no further business to come before the Special Magistrate, the hearing was adjourned at 7:36 P.M. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Special Magistrate with respect to any matter considered at this proceeding, such interested person will need a record of the proceeding, and for such purpose may need to ensure a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk recordings are for the sole purpose of backup for official records of the Clerk. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the Board Secretary no later than two business days prior to proceeding, 863-763-3372 ext. 9802. BE ADVISED that should you intend to show any document, picture, video, or item to the Council in support or opposition to any item on the agenda; a copy of the document, picture, video, or item must be provided to the Board Secretary for the City's records. Roger Azcona, Special Magistrate ATTEST: Melissa Close, Secretary January 7, 2020 Regular Meeting Page 4 of 4 In Compliance — Asking for Fine Reduction -1.''::r CASE NO: 15-058 L My name is Fred Sterling certified code inspector for the City of Okeechobee and I've been duly sworn in prior to presenting evidence. 2. Respondents Dag International Group LLC is/are (} present or () not present. The property is occupied by (x) owner(s), ( ) tenant or ( ) vacant. 3. This case concerns property located in the municipal boundaries of the City of Okeechobee at 110 NW 61h Street . According to Official Records of the Okeechobee County Property Appraiser the owner(s) of record is/are Dag International Group LLC City exhibit no. 1 4. On August 26. 2015 , I personally inspected the property and observed the following: a. General Cleaning & Beautification b. Public Nuisance C. 5. Based upon my investigation, I issued a courtesy card/letter to Respondent(s) notifyingthem of the violation with a request to have the property come into compliance within 10 days. 6. On December 12. 2019 I re inspected the property and found it still in violation. A Notice of Violation/Notice of Hearing was issued on November 21, 2019 and delivered by: O Certified mail. () Personal hand delivery. () Posting Notice of Violation/Notice of Hearing on the subject property. (x) In Compliance City exhibit no. 2 7. Notice of Violation/Notice of Hearing gave Respondent(s) days to correct the following violations: a. Ch 30 Sec 30-44 for violation of General Cleaning & Beautification b. Ch 30 Sec 30-43 for violation of Public Nuisance e. Ch Sec for violation of 8. Prior to the hearing, a final inspection of the property was done and Idetermined: () Property had come into substantial compliance with cited Codes. () Property remained in non-compliance. 9. I request in addition to my testimony, all exhibits, notices and photographs be admitted into evidence by the Magistrate. In Compliance — Asking for Fine Reduction':v,,>_ OKEECHOBEE C, t � I FLORIDA CODE COMPLIANCE DEPARTMENT IN RE: The Matter of Complaint #- .-bAC-Lc- Respondents) REQUEST FOR REDUCTION OF ACCRUED FINE Q 1hereby request a reduction of a fine imposed in the above - referenced case and in support thereof would state the following information: My name and current mailing address are: Physical address of the property which was the subject of the violation: /ti • VII. !,; -f - `/ --2 � - /), 3. A fine in the amount of $c i .c per day was imposed on the following date: i 60 4. The violations were corrected and I was advised that the property came into compliance on the I date:. �p 6. 1 am requesting that the accrued fine be reduced from to $ la 6. The accrued fine amount should be reduced because: 7. 1 UNDERSTAND THAT I MUST BE PRESENT AND PERSONNALL3l APPEAR BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE TO PRESENT AND DEFEND THIS REQUEST FOR A REDUCTION IN THE FINE. If I cannot personally appear, I hereby designate the following person to appear in my place: Signature of Respondent Signature of Respondent Date: Date: t The foregoing instrument was sworn to (or affirmed) and subscribed before me this ('V& day of - , zp �-Zo by and who produced as identification. 1 / til `'o`•: LASHABOREE c "'— I li _ + - ;;�° • �� Notary Public - State of Florida Signature of Notary Public —State of Florida ;'Commission N GG 234Z74 Print/Typed/Stamped Name of Notary °r � My Comm. Expires Jul 2, 2022 My commission expiresBonded through National Notary Assn. :/ � (2a �7.'1, FASHAREDIAamand2XC:ode Enforcement Board Mcetingstordcrs and other fotms\Request for reduction of accrued fine 2007.doc Revised7/20/2007 MapPrint_Okeechobee-County-Property-Appraiser_10-31-2019 Page 1 of 1 httn•//tr4h nkr P.rhnhPena rnm/aie/aiaPrint/ 1(1/21 /ini o �aH�4 EECHOg� OKEECHOBEE POLICE CODE ENFORCEMENT 50 SE 2nd Ave. CEpt s F - Okeechobee, Fl. 34974 863-763-9795 863-763-7804Fax Dag International Group LLC 12414 Hwy 441 North Okeechobee, Fl. 34972 Attention: Lasha Boree, December 18, 2019 We would like to thank you for bringing the above stated property into compliance. As you are aware there is a fine in the amount of $2,795.00. The fine was assed on July 18, 2016 and ran until January 17, 2019 at $15.00 a day. making the total amount due including administrative fee of $50.00 - $2,795.00. This property also had another case on it that made it not in compliance at the time of the November meeting. I am enclosing the paperwork that I will need for you to fill out and get notarized and back to me as soon as possible to get you on the January 14, 2020 Special Magistrate Meeting. Again, we thank you for your cooperation in regard to this matter. Sincerely, ^ Melissa Close City Code Enforcement Administrative Secretary 863-763-2626 Ext: 9802 October 17, 2019 Dag International Group LLC 12414 HWY 441 North Okeechobee, FL 34972 Re: 110 NW 61" Street Case# 15-058 Dear Property Owner: This letter is in reference to the Code Enforcement Order dated June 2016 notifying you a fifteen dollar per day fine was imposed as of June 14, 2016 against the property listed above for failure to comply with City Ordinances. As of June 29, 2016 the fine had accrued over nine (tY 90) days According to Florida Statutes Chapter 162 the City possesses the ability to file a foreclosure action against the property to collect the fine. This action could result in a financial -burden on you, in addition to the fines. At this time no foreclosure action has been taken against the property. However, you should contact me immediately. Failure to contact our office could result in a foreclosure recommendation by the Code Enforcement Special Magistrate. Please contact me at 863-763- 9795 to discuss this matter. Sincerely, Fred Sterling City of Okeechobee Code Enforcement Officer (863) 763-9795 r Oik'�ta�G CODE ENFORCEMENT FOR THE CITY OF OKEECHOBEE, FLORIDA. Petitioner, vs Respondent, Dag International Group LLC Okeechobee City Code Enforcement 50 SE 2nd Ave Okeechobee Florida 34974 863-763-9795 Phone 863-763-7804 FAX Date 10/17/2019 CASE NO. 15-058 STATEMENT OF VIOLATION AND NOTICE OF HEARING Pursuant to Florida Statutes 162.02 and 162.12, Florida Statutes, and the Code of Ordinances of City of Okeechobee, I (hereinafter the "City of Okeechobee), the undersigned Code Enforcement Officer hereby gives notice of an uncorrected violation of the City of Okeechobee Code, as more particularly described herein, and hereby requests a Hearing before the Okeechobee City Code Enforcement Special Magistrate. 1. Violation of City Code Chapter/Section: Ch 30 Sec 30-43 & Ch 30 Sec 30-44 2. Address and Parcelg where violation exists: 110 NW 6th Street 3-15-37-35-0010-00760-0100 3. Name and address of property owner or person in charge of location where violation exists: Dag International Group LLC: 12414 HWY 441 N - Okeechobee 4. Description of Violation• Clean .Property and Remove all Yard Debris Recommendation to City Council for Foreclosure, Past 90 Days (see attached letter) 5. Date violation must be corrected by: 6. Date violation first observed on or about10/15/15 Unless Respondent corrects the violation described herein by the date set forth above AND contacts the undersigned Code Inspector to verify compliance, with the Okeechobee City Code Section(s) cited herein, you are hereby called upon to take notice that a Hearing will behold in this cause before the City of Okeechobee Code Enforcement Magistrate on the 12th day ivovemoer at 6:30 P.M_, located at 55 SE 3rd Ave Okeechobee City Hall, Okeechobee Florida 34974 in Council Chambers. The Magistrate will receive testimony and evidence at said Hearing and shall make findings of fact and conclusions of law as are supported by the evidence and testimony, and shall make an order thereupon. You are entitled to be represented by counsel, present evidence, and present testimony. Please be advised that any evidence presented to the Magistrate for his consideration will be retained by Code Compliance Department. If you fail to appear at the hearing the Magistrate may enter an Order of Violation, & impose a fine in your absence. 1 1 �SpecialMagistrateSwteitrh ling Code En rcement Officer Any Person desiring to appeal any decision of the Code Enforcemerespect to any matter considered at this hearing will need to ensure that a verbatim record of the proceedings is made and that the record includes the testimony and evidence upon which the appeal will be based. Code Enforcement Magistrate tapes are for the sole purpose of back up for the official records of the Code Enforcement Department, In Accordance with Fla. Statute 162.11(2005), an aggrieved party may appeal a final administrative order to the circuit court. Such an appeal shall be filed within 30 days of the execution of the order to be appealed. De acuerdo con la seccion 162.11 de los estatutos de la Florida, un partido quo no esta on acuerdo puede apelar una orden adrithstrativa final a la tribunal de circuito . Tal apelacion sera archivada on et plazo de 30 dias de la firma de la orden que se apelara. In Compliance — Askin; for Fine Reduction* CASE NO: 15-058 1. My name is Fred Sterling certified code inspector for the City of Okeechobee and I've been duly sworn in prior to presenting evidence. 2. Respondents Dag International Group LLC is/are () present or () not present. The property is occupied by (x) owner(s), ( ) tenant or () vacant. 3. This case concerns property located in the municipal boundaries of the City of Okeechobee at 110 NW 6`h Street . According to Official Records of the Okeechobee County Property Appraiser the owner(s) of record is/are Dag International Group LLC City exhibit no. 1 4. On August 26 2015 ,1 personally inspected the property and observed the following: a. General Cleaning & Beautification b. Public Nuisance C. 5. Based upon my investigation, I issued a courtesy card/letter to Respondent(s) notifyingthem of the violation with a request to have the property come into compliance within 10 days. 6. On December 12, 2019 I re inspected the property and found it still in violation. A Notice of Violation/Notice of Hearing was issued on November 21, 2019 and delivered by: O Certified mail. () Personal hand delivery. () Posting Notice of Violation/Notice of Hearing on the subject property. (x) In Compliance City exhibit no. 2 7. Notice of Violation/Notice of Hearing gave Respondent(s) days to correct the following violations: a. Ch 30 Sec 30-44 for violation of General Cleaning & Beautification b. Ch 30 Sec 30-43 for violation of Public Nuisance e. Ch Sec for violation of 8. Prior to the hearing, a final inspection of the property was done and Idetermined: () Property had come into substantial compliance with cited Codes, () Property remained in non-compliance. 9. I request in addition to my testimony, all exhibits, notices and photographs be admitted into evidence by the Magistrate. :4`: In Compliance — Asking for Fine Reduction= "- OKEECHOBEE C 1 �4 . i FLORIDA CODE COMPLIANCE DEPARTMENT IN RE: The Matter of Complaint # ����" .��'��? : � �; c.`_ � ,� ;-t✓t �;;;;• r._.c�l� LLC_ Respondents) REQUEST FOR REDUCTION OF ACCRUED FIDE I, /V .e--.> 1 : hereby request a reduction of a fine imposed in the above - referenced case and in support thereof would state the following information: My name and current mailing address are: 2. Physical address of the property which was the subject of the violation: 3. A fine in the amount of $,y1c S .=v per day was unposed on the following date: 9, 4. The violations were corrected and I was advised that the property came into compliance on the following date:. 't7, , r i l 5. 1 am requesting that the accrued fine be reduced from $_� 5 . �' to $ a Jv 6. The accrued fine amount should be reduced because: 7. I UN61iiSTI&D THAT I MUST BE PRESENT AND PERSONNALLY APPEAR BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE TO PRESENT AND DEFEND THIS REQUEST FOR A REDUCTION IN THE FINE. If I cannot personally appear, I hereby designate the following person to appear in my place: Signature of Respondent Signature of Respondent Date: 1 �(_/_� d Date: The foregoing instrument was sworn to (or affrtned) and subscribed before me this /V*- day of a 20 y �,_ as �"ti icat S, a ' and who produced Q �;� So � v� i iy !�K � as identification. � 1 FASHAREMAamanda\Code Enforcement Board Mectings\orders and other fomu%equest for reduction of acerucd fine 2007.doe Revised7/20/2007 LASHA BOREE : Notary Public •State of Fkrida �� Commission X GG 21Q7� 0r r��F` my comm. Expires Jul 2, 2022 Bonded through National Notary Assn. Signature of Notary Public — State of Florida Print/Typed/Stamped Name of Notary My commission expires:_ 41 2.0 .y.. FASHAREMAamanda\Code Enforcement Board Mectings\orders and other fomu%equest for reduction of acerucd fine 2007.doe Revised7/20/2007 MupPrint_Okeechobee-County-Property-Appraiser_10-31-2019 Page 1 of 1 0 130 380 3g0 520 850 700 g10 1040 1110 1,300 ft Okeechobee County Property Appraiser Mickey L. Sandi I Okeechobee, Florida 1863.763-4422 PARCEL: 3.15.37-35-0010-00760-0100 1 SINGLE FAM (000100) 10.456 AC NOTES CITY OF OKEECHOBEE LOTS 10 TO 12 INC BLOCK 76 DAG INTERNATIONAL GROUP LLC 2019 Certified Values Owner:12414 HVIN 441 N Mkt Lnd $84,303 Appraised OKEECHO 596,561 SAg Lnd $0 Assessed Site: 110 NW 6THH ST, OKEECHOBEE TEC $96,561 Sales V27,7014$31,300I Ny Bldg $9,920 Exempt $0 x Info 612"13 slea IN) XFOB $2,338 county:596,561 4011M 586.9m I(U) Just $96,561 Total eity:S96,561 Taxable other.S96,561 school:596,561 O:c z.hobGe Coun�i, FL This inlortnation„ was derived from data which was compiled by the Okeechobee County Properly Appraiser Office solely for the governmental purpose of properly assessment. This information should not be retied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraisers office. Griz;dyl-ogle rorsl httn-//cr4h n1cPPr.hnhP.Pna rnm/aidoictPrint/ 1()/q 1 /7()1 O a OKEECHOBEE POLICE CODE ENFORCEMENT LIC i 1 50 SE 2nd Ave. ' hoke Okeechobee, Fl. 34974 863-763-9795 863-763-7804Fax December 18, 2019 Dag International Group LLC 12414 Hwy 441 North Okeechobee, Fl. 34972 Attention: Lasha Boree, We would like to thank you for bringing the above stated property into compliance. As you are aware there is a fine in the amount of $2,795.00. The fine was assed on July 18, 2016 and ran until January 17, 2019 at $15.00 a day. making the total amount due including administrative fee of $50.00 - $2,795.00. This property also had another case on it that made it not in compliance at the time of the November meeting. I am enclosing the paperwork that I will need for you to fill out and get notarized and back to me as soon as possible to get you on the January 14, 2020 Special Magistrate Meeting. Again, we thank you for your cooperation in regard to this matter. Sincerely, Melissa Close City Code Enforcement Administrative Secretary 863-763-2626 Ext: 9802 October 17, 2019 Dag International Group LLC 12414 HWY 441 North Okeechobee, FL 34972 Re: 110 NW 6`" Street Case# I5-058 Dear Property Owner: This letter is in reference to the Code Enforcement Order dated June 2016 notifying you a fifteen dollar per day fine was imposed as of June 14, 2016 against the property listed above for failure to comply with City Ordinances. As of June 29 2016 the fine had accrued over ninety (90) dam According to Florida Statutes Chapter 162 the City possesses the ability to file a foreclosure action against the property to collect the fine. This action could result in a financial burden on you, in addition to the fines. At this time no foreclosure action has been taken against the property. However, you should contact me immediately. Failure to contact our office could result in a foreclosure recommendation by the Code Enforcement Special Magistrate. Please contact me at 863-763- 9795 to discuss this matter. Sincerely, Fred Sterling City of Okeechobee Code Enforcement Officer (863)763-9795 4 }e Off) aUK-;� 0 J C)c� 1-t, el, 11 CODE ENFORCEMENT FOR THE CITY OF OKEECHOBEE, FLORIDA. Petitioner, vs Respondent, Dag International Group LLC Okeechobee City Code Enforcement 50 SE 2nd Ave Okeechobee Florida 34974` 863-763-9795 Phone 863-763-7804 FAX Date 10/17/2019 CASE NO. 15-058 STATEMENT OF VIOLATION AND NOTICE OF HEARING Pursuant to Florida Statutes 162.02 and 162.12, Florida Statutes, and the Code of Ordinances of City of Okeechobee, I (hereinafter the "City of Okeechobee), the undersigned Code Enforcement Officer hereby gives notice of an uncorrected violation of the City of Okeechobee Code, as more particularly described herein, and hereby requests a Hearing before the Okeechobee City Code Enforcement Special Magistrate. 1. Violation of City Code Chapter/Section: Ch 30 Sec 30-43 & Ch 30 Sec 30-44 2. Address and Parcel# where violation exists: 110 NW 6th Street 3-15-37-35-0010-00760-0100 3. Name and address of property owner or person in charge of location where violation exists: Dag International Group LLC: 12414 HWY 441 N - Okeechobee 4. Description of Violation• Clean.Property and Remove all Yard Debris Recommendation to City Council for Foreclosure, Past 90 Days (see attached letter) 5. Date violation must be corrected by: 6. Date violation first observed on or about:10/15/15 Unless Respondent corrects the violation described herein by the date set forth above AND contacts the undersigned Code Inspector to verify compliance, with the Okeechobee City Code Section(s) cited herein, you are hereby called upon to take notice that a Hearing will be held in this cause before the City of Okeechobee Code Enforcement Magistrate on the 12th day IVOvemoer at 6:30 P.M., located at 55 SE 3rd Ave Okeechobee City Hall, Okeechobee Florida 34974 in Council Chambers. The Magistrate will receive testimony and evidence at said Hearing and shall make findings of fact and conclusions of law as are supported by the evidence and testimony, and shall make an order thereupon. You are entitled to be represented by counsel, present evidence, and present testimony. Please be advised that any evidence presented to the Magistrate for his consideration will be retained by Code Compliance Department. If you fail to appear at the hearing the Magistrate may enter an Order of Violation, & impose a fine in your absence. d Sterling Code En tcement Officer Any Person desiring to appeal any decision of the Code Enforcement Special Magistrate with respect to any matter considered at this hearing will need to ensure that a verbatim record.of the proceedings is made and that the record includes the testimony and evidence upon which the appeal will be based. Code Enforcement Magistrate tapes are for the sole purpose of back up for the official records of the Code Enforcement Department. In Accordance with Fla. Statute 162.11(2005), an aggrieved patty may appeal a final administrative order to the circuit court, Such an appeal shall be filed within 30 days of the execution of the order to be appealed. De acuerdo con la section 162.11 de los estatutos de la Florida, un partido que no esta en acuerdo puede apelar una Orden administrativa final a la tribunal de circuito . Tal apelacion sera archivada en el plazo de 30 dias de la firma de la orden que se apelara. CITY OF OKEECHOBEE CODE ENFORCEMENT Case: 9 15-058 Name: Dag International Group LLC Property Location: 110 NW 6'h Street Code Board Action: Imposed a fine starting 7/18/4 @ $15.00 per day for code violations Ch 30 Sec 30-43 Public nuisance & Sec 30-44 Gen. Cleaning Accrualof Fine: July Aug Sep Oct Nov Dec i C U TOTAL 'D 0 Ajm'c) Date of Compliance: t CITY OF OKEECHOl3EE. PETITIONER, -VS- RESPONDENT, Vast International 'roue LLC LIEN ,' ORDE Page 1 of 1 CODE ENFORCEMENT BOARD OF THE CITY OF OKEECHOBEE, FLORti3A, CASE NO. 15-058 F- I !_E t -1M 20 it 4601 01 71 �f' BN 32 FG 26d DKEECSHARON OEECCfiUNTY, FLORIDA IRCUtT CGUR'r R£CDRIlED 11/08/2016 10:5,):53 An RECOP07HG FEEc sla.To REcpRD£0 P.•!• c tlo4b o�rn fins 266 - 267: t2 c�s5 THIS CAUSE came before the Code Enforcement Board, Cin of Okeechobee, for public hearing on dune 14 20-1-6— After due notice to the respondent, the Board having heard evidence on the alleged violation by witnesses or affidavit makes the following findings: A. FLNDINGS OF FACT: Lots: 10 to 12 Blk: 76 Section: City of Okeechobee Parcel: 3-15-37-35-0010-00760-0100 Property location: 110 NW 6" Street, Okeechobee, FL Property owncr: Dag International Group LLC Property has been found to have yard debris and junk which needs to be removed. B. CONCLUSIONS OF LAW: The owner of the property described above has been found in .iolation of Chapter 30 Section 30-43 Public nuisance and Sec 30-44 General cleaning. C. ORDER: The City of Okeechobep'Code Enforcement Board has determined you have violated the Code of Ordinances,Cho 43 public n ,inn r �rc'I0_44 pr, .,.t cle-anine concerning your property located at'.' f[k 3sIW 6"' Street Okeechobee FT ',4972 If you do not correct the violation within fifteen f tS �ttva of receipt of this notice. or norif4, the Code Enforcement Officer of the correction. the iloard imposes a fine of S 15.00---- per day eammenoing that date and continuing daily until the violation is corrected or the city is notified by you and verities the correction- tihich ever first occurs. Further, iryou do not correct the violation by said date, a copy of this order as a claim of lien, shall be recorded in the office of the Clerk of Circuit Cotte, Okeechobee County, Florida, and once recorded, becomes a lien on real and personal property pursuant to Florida Statute 162. You have a right within rhiny days, to appeal this finding and order by Rift of Certiorari to the Circuit Court. Okeechobee County, Florida. If you correct the violation prior to the above date, it is your obligation to contact the Code Enforcement Officer to verify such compliance. Book782/Page266 CFN#2016010171 Page 1 of 2 https : //pioneer. okeechobeel andmark. comlLandmark WebLivellDocumentIGetDocumentF_ .. 10/17/2019