A yard in the Forest Glen neighborhood in October 2016 (file photo)

Gardens with abundant native species could soon have an official definition in county code: “managed natural landscape.”

This definition would protect Arlingtonians who grow the kinds of native grasses, wildflowers and shrubs that make them prone to complaints from neighbors and visits from code enforcement.

While such gardens can “be perceived to be unmaintained or unintentional… they often involve as much intention and maintenance as more traditional landscaping” and bring “ecological, economic and aesthetic benefits,” per a county report.

The change would occur if the Arlington County Board approves the new wording in its carry-over meeting tomorrow (Tuesday). The Board was teed up to approve the changes on Saturday but the proposal was pulled from the agenda for more conversation — a move typically reserved for items deemed at least somewhat controversial.

In March, County Board members heard from local naturalists who urged them to adopt wording to shield residents from complaints that their gardens are unruly. The discussion arose when the Board considered, and approved, mechanisms to hold accountable commercial property owners for unchecked weeds.

The Board ultimately punted on redefining a “weed,” saying the proposed changes ought to be included in the forthcoming update to the Forestry and Natural Resources Plan.

Naturalists argued this prolongs conflict between county code and Arlington’s Chesapeake Bay Preservation Plan and Stormwater Utility Program, which both encourage residents to ditch manicured lawns for native species. They criticized the Board for furthering more than a decade of inaction.

“While we’ve been wringing our hands about this for the past 10-15 years, other jurisdictions have also adopted policies that promote native landscaping and conservation landscaping and have also managed to update their ordinance,” Caroline Haynes, a member of the county’s Forestry and Natural Resources Commission, said in March.

“Arlington hasn’t been able to do that,” she continued. “How difficult can this possibly be?”

After the meeting, county staff committed to prepare updated code language that distinguishes between “managed natural landscapes” and existing requirements to manage weeds on private property.

They also redefined “foreign growth,” “lawn area” and “weeds” and added language enabling county staff to “take action in cases where trees on private property present a risk to the community in the public right-of-way or other public lands.”

In keeping with the Board’s recommendation, Arlington’s parks and planning departments launched a public engagement process on the potential changes in concert with the update.

That included an online survey, in which 124 people participated and nearly two-thirds said they “were comfortable” with the proposed changes.

In July, the Board authorized hearing this month on the proposed changes, now set for tomorrow.

If the changes are made, county staff expect that enforcing the new ordinances will not be a tall order. Some five cases annually are estimated to escalate to the point of requiring one-time civil fines, resulting in $2,500 per year in county revenue, the report said.


Advanced Towing tow truck outside the company’s lot in Ballston (staff photo by Jay Westcott)

(Updated at 8:45 a.m. on 7/4/23) Arlington County says it is enforcing some wayward fencing and gates in a public alley abutting Advanced Towing and American Service Center.

It all started because of complaints about tow trucks for the Ballston company parking in front of “the most famous fire hydrant in Arlington County,” so named by public safety watchdog Dave Statter.

Over the last year, an anonymous Twitter account dedicated to the hydrant has made Freedom of Information Act requests to ascertain the alley’s ownership and highlight the county’s responsibility for overseeing how it is used. This inquiry sparked several complaints about illegal parking last fall.

This week, the information requests unearthed an update: the county said it owns the 5th Road N. alley, off N. Quincy Street in Ballston. It said it is working with Advanced Towing to remove a fence and American Service Center, which operates the Mercedes-Benz dealership, to remove the gates.

The owner of the “Advanced Towing Fire Hydrant” Twitter account, says highlighting the zoning code issues was not because of an ax to grind with the towing company. Instead, it was to highlight the degree to which enforcement decisions lie with the Office of the County Manager.

“You shouldn’t have to crowdsource outrage on Twitter to get the government to enforce existing parking regulations,” the account owner, who wants to remain anonymous, told ARLnow.

In a statement, county spokesman Ryan Hudson confirmed the enforcement would begin and traced the move back to citizen complaints.

“Zoning started enforcement due to the fact that these two businesses are encroaching on public land,” he says. “The genesis was a complaint about illegally parked cars in front of the fire hydrant. That led us to become aware the fence didn’t meet the clearance of 3 feet and didn’t have Zoning approval.”

The fire hydrant account posted about the wayward fence earlier this year.

A spokesperson for Advanced Towing confirmed the company is complying with the request.

“We have been in touch with the County and our fence will be open tomorrow,” an Advanced Towing spokesperson said in an email, adding that the company never put the fence up and it has been there for well over 20 years.

Arlington County approved a certificate of occupancy for the tow company but that did not amount to permission to occupy the alley, according to a copy provided to the Advanced Towing Fire Hydrant Twitter account.

While the company can occupy the alley, Hudson says the fence has to be moved back because it is encroaching into a 10-foot wide public alley. Fences on private property are allowed with proper approval — just not in a public alleyway.

“The County, not adjacent property owners or tenants, will determine how to operate and maintain the public alley,” the county spokesman said.

The alley adjacent to the American Service Center property, meanwhile, is a public alley not owned by the auto repair company.

“Gates need to remain open because they are obstructing public use of and access to the public alley,” Hudson said.

A spokeswoman for American Service Center told ARLnow she was directed “not to discuss anything with anyone.”

(more…)


Growing community concerns and a visit from county code enforcement have prompted a local property manager to clean and secure its vacant storefronts on Columbia Pike.

Some retail bays at the Fillmore Gardens Shopping Center, on the 2600 block of the Pike, have stood empty for a year as the strip mall awaited redevelopment. That includes the former spaces of Atilla’s restaurant, apparel store Legends Kicks and the Black Heritage Museum of Arlington.

The retail strip was set to become an apartment with a ground-floor grocery store — rumored to be an Amazon Fresh — as well as a new location for the existing CVS, which is still open. When the grocery tenant pulled out in December, developer Insight Property Group struggled to secure loans for the project. The work is paused until economic conditions improve.

The vacant storefronts attracted break-ins, graffiti and vermin — adding insult to the injury of millions of dollars spent on the project so far, according to Harald Mangold, a representative for the property owner. These conditions led the code enforcement division of Arlington County to condemn the buildings earlier this month.

Mangold tells ARLnow they got to work in response to the neon orange notice stickers.

“We hired someone to clean out all the old buildings,” he said. “They’re empty and clean versus empty and dirty — and boarded up properly.”

When the tenants moved out last May, Mangold said they were not required to clean out their storefronts completely because they were set to be bulldozed soon. As a result, flammable items were left inside, including furniture and old kitchen equipment.

People began breaking in and some slept inside the buildings sporadically, prompting the owners to hire off-duty police officers to keep watch over the property.

After work over the last week, Mangold said, the issues raised in the condemnation notice are “essentially resolved.”

“There’s nothing dangerous,” he said. “We just need to keep people from getting in and breaking in.”

While, Mangold says workers have been washing away graffiti — only for it to return a few days later. Although it is a chief complaint for some neighbors, he disputes the notion that it is worse here than other parts of the Pike or the region.

Penrose Civic Association Alex Sakes has been following goings-on at the shopping center closely and fielding concerns from neighbors about the blighted conditions.

He says he is meeting with leadership at the Arlington County Police Department, county staff and the Columbia Pike Partnership leadership to discuss the “State of the Pike,” particularly as it relates to buildings defaced by spray paint along the corridor.

The meeting will “get everyone up-to-speed on this ever-evolving situation and work together to put together an actionable game-plan and next steps regarding the 2600 block and graffiti mitigation,” he said.

As for the future of the Fillmore Gardens Shopping Center, Sakes says local leaders are still brainstorming whether to fill the buildings with pop-ups. With the condemnation notices, that would depend on the buildings being deemed safe, he said.

“Regarding the funding mechanisms, maybe the county can step in and help subsidize alongside various nonprofit entities like [Columbia Pike Partnership] and others,” he said. “But, again, that’s all in the brainstorming phase at the moment, first step would be getting the building deemed fit for occupancy.”

Mangold says the owners are working on that.

“We’re trying to find solutions,” he said. “It’s not ideal but we are committed to the neighborhood and we remain good neighbors.”


A yard in the Forest Glen neighborhood in October 2016 (file photo)

One person’s weed is another’s protected native species.

Arlington naturalists argue that local ordinances do not distinguish the two, leaving neighbors who have certain native species that can be mistaken for weeds in their gardens prone to visits from the county’s code enforcement division.

“We’re sending incredibly mixed messages,” Caroline Haynes, a member of the Arlington County Forestry and Natural Resources Commission, told the Arlington County Board last Tuesday.

She and two other citizen commissions representatives asked the County Board to adopt wording to protect people from complaints that their gardens are unruly. FRNC Chair Phil Klingelhofer says the current language, which focuses on the height of weeds, dates back to the 1950s.

“Those who wish to plant native plants and thereby bring the benefits we all know come from that planting structure are disadvantaged by this holdover from a different era,” Klingelhofer said.

This hit close to home for County Board member Takis Karantonis, who received a visit from code enforcement over a Virginia thistle he let grow to six feet tall.

“[The thistle] made a difference in the environment, but for some people, this was really offensive to their aesthetics,” he said.

This discussion arose during Board deliberations about approving technical changes to the ordinance intended to strengthen the county’s ability to enforce violations such as weeds on commercial properties. Rather than address the issue on Tuesday, the County Board decided to move defining weeds to an ongoing update to the Forestry and Natural Resources Master Plan.

But Haynes said Arlington has punted on defining what a weed is for long enough.

“I would just like to acknowledge that while we’ve been wringing our hands about this for the past 10-15 years, other jurisdictions have also adopted policies that promote native landscaping and conservation landscaping and have also managed to update their ordinance,” Haynes said. “Arlington hasn’t been able to do that. How difficult can this possibly be?”

Representatives from code enforcement said the division is out of its depth.

“We are a bunch of architects and engineers and public safety professionals. We don’t know anything about weeds, vegetation or what have you. What resources do I have to determine if it’s a [native] species?” said Inspection Services Director Shahriar Amiri during the meeting. “We are not horticulturalists.”

Ultimately, the County Board decided to approve the technical changes adding in wording about weeds. The newly adopted changes are aimed at holding commercial property owners accountable for cutting grass and weeds and maintaining lawns. County staff requested the changes to provide relief to the code enforcement division, which has recently struggled to get some landowners to maintain their properties.

County Board Vice-Chair Libby Garvey made assurances she will bring up the issue this summer if it is not addressed through the Forestry and Natural Resources Plan update. Arlington County projects a final draft, responding to public comments gathered late last summer, will be released and reviewed by citizens commissions and the County Board this spring.

“How many master plans do we need to adopt before this issue is addressed?” Klingelhofer asked.

Karantonis echoed their sense of urgency, predicting more people will choose natural landscaping for its benefits, including flood mitigation.

“The number of complaints… is a function of how many of these landscapes exist,” he said. “The moment they become prevalent — I have seen it with my own eyes — there is controversy in the community. Some people think their property values are affected by that, the general appearance of the street, the general appearance of their neighborhood — the character of the neighborhood, from a different point of view.

(more…)


Arlington is poised to take a proverbial weed whacker to commercial properties with overgrown lawns and all properties with obstructive vegetation.

Last month, a proposal to change the ordinance pertaining to the condition of private properties was added to the Arlington County Board’s agenda but was subsequently removed because the proposal needed additional technical work, says Dept. of Community Planning, Housing and Development spokeswoman Erika Moore.

The changes would strengthen the county’s ability to enforce violations such as unmaintained lawns and vegetation, per the January report, which ARLnow reviewed before it was taken down.

The measure is set to appear on the Board’s February agenda, Moore said, confirming the substance of the proposal remains the same. The Board will meet on Saturday, Feb. 18 and again on Tuesday, Feb. 21.

Commercial properties would be added to a provision that previously only held residential property owners accountable for cutting grass and weeds and maintaining lawns. County Manager Mark Schwartz would then be able to take “corrective actions” when a property owner fails to trim back “obstructing vegetation,” per the report.

The January draft also proposed increasing fines for property owners who fail to do more upkeep to resolve civil citations.

“These increases are sought to provide a stronger financial deterrent, particularly in cases where private property is held by commercial ownership awaiting development,” the report said.

For example, back in 2020, some residents complained about trash in and around the vacant Wendy’s lot at 2025 Clarendon Blvd in Courthouse. The fast food restaurant had been torn down in 2016 to make way for an office tower that never came and instead was used as a construction staging area for a nearby redevelopment. The property since changed hands and construction of an apartment building started last fall.

The report noted that the ability of the code enforcement division of CPHD “to abate persistent, longstanding violations has become less effective.”

“This is due to a variety of factors, including unwillingness to comply by some property owners, but also legal ambiguity concerning what specific powers and processes could be implemented in seeking corrective actions,” it said.

Moore previously told ARLnow the amendments are not related to any specific community complaints.

“The amendments… are being made because there are conflicts with other local and state ordinances, and clarity is needed,” she said last month. “Commercial properties are being added to the section on tall grass and weeds not because of conflicts but to clarify the County’s enforcement authority on these properties.”

There were 609 complaints from the community in 2022 via phone and email primarily, we’re told. Arlington’s current system that stores complaints does not categorize them, but the county is moving to a new complaint tracking system at the end of 2023 where some of these data points, like theme, will be available, she said. (more…)


The Darna Restaurant and Lounge in Virginia Square has run into a bit more legal trouble, with the county now pursuing criminal charges against its owner.

County officials briefly shut down the restaurant earlier this year after discovering a variety of health and safety code violations on the property, located at 946 N. Jackson Street.

Darna managed to address some of those problems and re-open in April, long enough to capitalize on its newfound notoriety for being the scene of a TMZ-worthy incident involving NBA star Tristan Thompson, but it seems the restaurant’s managers have yet to resolve all the problems the county identified.

Prosecutors have charged owner Ahmad Ayyad and his Maaj Corporation with one count of performing work without proper permits, a misdemeanor charge. He’s set for a hearing in Arlington General District Court on Aug. 1, according to online court records, and could face a fine of up to $2,500 if he’s convicted.

Per a staff report prepared for the County Board, the trouble stems from Ayyad’s failure to secure a building permit from the county for some “unpermitted construction and modifications” inspectors discovered on the property when they briefly shuttered Darna.

Staff write that Ayyad has rectified the bulk of the code violations inspectors identified earlier this year, but still hasn’t managed to win the necessary permit for that construction, some of which involves “a stage used for the live entertainment” at the restaurant.

He submitted several applications for new permits, prompting the County Board to allow Darna to remain open in the meantime, but county inspectors rejected each one. Code enforcement officials ultimately decided to pursue the misdemeanor charge “due to the lack of progress by [Ayyad] to secure the building permit, complete the required modifications and to schedule and pass the final inspection.”

Even with all this legal wrangling, the Board is still set to allow Darna to stay open as Ayyad resolves these issues. The Board will consider a two-month use permit renewal for the lounge at its meeting Saturday (July 14), giving Ayyad until September to make some progress on these issues.


A Virginia Square lounge and restaurant may have a permit renewed at tomorrow’s Arlington County Board meeting despite outstanding code violations.

Darna Lounge was closed in February due to “numerous violations of the Building, Fire, Zoning and Environmental Health codes, affecting the health, safety and welfare of the public.” The structure was deemed unfit for habitation but has since reopened.

According to a county report, most of the violations have been corrected and the applicant is “diligently pursuing resolution of the outstanding issues.” But some still remain, per a county staff report.

The establishment was allowed to reopen after correcting the major violations that were identified during the coordinated inspection. The applicant was granted an extension to April 1, 2018 to come into full compliance. A building permit to correct the outstanding violations was submitted on March 12, 2018, for the purpose of addressing unapproved alterations to the building. However, the applicant was not able to meet the April 1, 2018 deadline. The Inspection Services Division (ISD) has provided comments to the applicant that require revisions to the drawings associated with the building permit. The applicant is in the process of addressing the comments and resubmitting the revised drawings.

Despite the building concerns, the County Manager’s office is recommending that the Board approve a renewal of Darna’s live entertainment and dancing permit, with an administrative review in three months.

“Staff finds that at this time the applicant is reasonably working to resolve the outstanding violations, which are not deemed to be of a life, health or safety concern,” the report said, “Therefore, staff recommends renewal of the subject use permit with a three (3) month County Board review (July 2018).”

Staff also notes that police reported no recent issues with the business and that Darna reps “attended the Arlington Restaurant Initiative training on April 7, 2018 conducted by ACPD officers.”

The lounge recently gained some national notoriety as the location where Cleveland Cavaliers center Tristan Thompson was caught on camera cheating on his pregnant, reality TV star girlfriend, Khloe Kardashian.

Darna, at 946 N. Jackson Street, opened back in 2012.

File photo


An Arlington woman who looked after dogs in her home was forced to close late last year after a complaint from a neighbor.

A reader emailed to say that a woman she said was “the best dog boarder in Arlington” was closed after a neighbor “complained and effectively shut down her boarding business.”

The reader said she used the dog-boarding service Rover.com to connect with the sitter when she needed to go out of town. Rover.com describes itself as the “nation’s largest network of 5-star pet sitters and dog walkers,” and allows people to connect with others nearby who can help with their pets.

A spokeswoman for the county’s Department of Community, Planning, Housing and Development confirmed the closure at a house on S. Fenwick Street in Arlington Heights.

“The property owner admitted that she was operating a dog sitting business and that she had three adult dogs plus her own two adult dogs but was not able to obtain photos of the three adult dogs she was watching,” the spokeswoman said. “She informed the inspector that she was operating her business from a website called Rover.”

Such services could be illegal under Arlington County Code, which allows no more than three dogs per household. The only exception to that rule, per the Animal Welfare League of Arlington, is when the zoning administrator approves more and the home has a kennel license.

That could mean that more users of Rover.com in Arlington — there are nine sitters and walkers listed in the county on the website — are in breach of county code. In an email, the reader bemoaned the loss of a favorite service.

“This was the most lovely, family-run business you could imagine,” she said. “Kids at home helped look after the dogs. [They had] 112 repeat clients.”


County Manager Mark Schwartz said he has noticed more residents calling code enforcement with complaints about their neighbors.

At a County Board work session Tuesday with the code enforcement staff, which enforces the county’s noise ordinance, maintenance code and other regulations, Schwartz said that anecdotally, people call to complain as they are unaware of other ways to resolve their issues.

Schwartz said that too often, code enforcement is used as a “cudgel” by some residents unwilling to take their complaints directly to their neighbors. He said that the county must step up to help resolve disputes in a better way.

“There may be room for a more mediation, community relations approach by us as a county and civic associations,” Schwartz said. “There’s a void there in the community.”

Schwartz’s pronouncement came after County Board member Christian Dorsey asked about the extent to which the county’s bureaucracy is used to “litigate personal disputes or issues that are better suited to other realms than the power of the state to enforce things.”

It also comes hot on the heels of the Westover Beer Garden’s continued disputes with the county over its outdoor seating and live entertainment. In 2010, the county stopped music there altogether because of complaints from two neighbors, and is now considering a law change so it can add more patio seats.

But the county’s code enforcement staff said they may have some solutions to help ease the problem, including educating the community on what the department does and what it can help with.

Code enforcement chief Gary Greene said the department has continued to engage in community outreach like attending civic association meetings voluntarily.

Dorsey went further and suggested code enforcement lead “cleanup days” for some of the topics that receive the most complaints, including snow and overgrown plants and vegetation that obstruct sidewalks and streets.

He said the time is right for “those sorts of things that are causing better outcomes in our community, so that we get the sense that code enforcement isn’t the state putting its thumb on the scale.”

Board members seemed impressed by the new initiatives for code enforcement.

“I hadn’t thought of code enforcement as a way to build community, but now I do,” said Board member Libby Garvey.

Brooke Giles contributed reporting.


Arlingtonwood is a tiny, affluent neighborhood nestled near the GW Parkway and Chain Bridge in the far northern corner of Arlington.

Amid what is otherwise an idyllic suburban scene along N. Richmond Street, one house stands out: a low-slung brick home covered in handwritten signs and Sharpie-scrawled writing on the white siding and doors.

“POISONED HOUSE, DO NOT ENTER – KEEP OUT,” reads the writing next to the main entrance. “DO NOT TAKE AND DO NOT REMOVE ANY POISONED ITEMS FROM MY POISONED HOUSE.”

The note goes on to claim that the house was poisoned in 1999 with various “dangerous substances” and that the “poisoning was proved to the FBI and Arlington police including other U.S. government agencies.”

“U.S. President Clinton was informed in 2000 and U.S. President Bush in 2001,” the sign continues.

Needless to say, neighbors are not happy with the signage.

“I have contacted the [county] and Arlington states there is nothing they can do because the signs are on private property,” one resident told ARLnow.com. “These signs affect everyone in the area as this home is stating there are poisonous gases everywhere (in the ground, her house, etc.). People stop all the time and ask if it is safe to be in the area.”

Gary Greene, Code Enforcement Section Chief for Arlington County, confirmed that there is basically nothing the county can do about the signs and writing. He said that the county has received seven complaints about the home in the past 12 years and that the only actionable code violations found — like an overgrown lawn — were corrected by the homeowner, who does not live in the house.

There is one outstanding “minor” code violation, Greene said, but it has nothing to do with the house being vacant or covered with signs. The signs are not in violation of Virginia law or county ordinance, he said.

“The signs, letters and wall writings visible on the front façade of the property were placed there in 2005 by the property owner; they have been a primary driver for complaint calls,” Greene said. “The signs, letters and wall writings are not of a commercial or political nature and have not been found in violation of any of Arlington’s property related ordinances.”

The house, which was recently assessed by the county at $862,500, was nearly auctioned by Arlington County in 2015 for non-payment of property taxes — but the taxes were eventually paid along with a penalty fee and interest, county records show. It is currently in good standing with the tax office after $8,570.16 in property taxes were paid in 2016.


A homeowner in Arlington’s Forest Glen neighborhood says she plans to fight a county inspector’s order that the abundant plant life in her yard be dramatically trimmed.

Lori Brent says her front yard at 665 S. Harrison Street has been a certified wildlife habitat for well over a decade and is beloved by many of her neighbors.

But it was a complaint from a neighbor earlier this year that prompted a county inspector to pay her a visit.

“I found it really weird because I’ve lived here for 15 years and everyone loves my yard,” she said.

Acknowledging that her garden had become “a little overgrown” after she had been away for three weeks, Brent said a “very adversarial” inspector stopped by, called the yard “a jungle” and said “you’ll be getting a letter from us.”

According to Brent, the letter ordered her to trim all of the plant life, even bushes and trees (the county disputes that), to a height of 12 inches. A follow-up inspection, to ensure her compliance, is scheduled for tomorrow (Friday).

Brent, however, said she has trimmed all that she intends to trim, making the yard — which now include Halloween decorations — look “more like a proper garden,” even if it might not meet the letter of the law.

“I cut more than I’d like to… in good faith, to be a good neighbor,” Brent said. “It kills me to get rid of the food sources for the animals before the winter. We can’t have just grass, that’s horrible for wildlife.”

“I flat out refuse” to do more trimming, said Brent. “Frankly it’s against my religion, I’m Pagan. You can’t get me to rid our animal habits and put in cement or whatever they want.”

Arlington County officials, as you might imagine, have a bit of a different story.

“Although, it is not our practice to discuss the details of active enforcement cases, I’d like to provide clarity regarding the issues generated at this particular property,” said Gary Greene, Code Enforcement Section Chief for the county’s Inspection Services Division, via email.

“In 1988, the Commonwealth enabled localities to adopt an ordinance to deal with nuisance conditions like excessive vegetation overgrowth and vegetation that encroaches upon sidewalks and streets,” he wrote. “Where adopted, the legislation has been effective in reducing the nuisances and public health hazards created by biting, stinging and jumping insects, increased pollen litter and harborage for rodents and the vast number of predators that prey on them.”

“Arlington’s Condition of Private Property Ordinance limits the height of grass or lawn areas to not more than 12 inch height, a limit consistent with international standards used to control vector related pest issues,” Greene added. “Our investigation of the complaint at the address provided, affirmed overgrowth in excess of five feet, vegetation encroaching onto the sidewalk and even extended onto county property immediately adjacent to the private parcel.”

Long story short: Brent’s personal Garden of Eden could be an inviting home for a bunch of bad critters, and that’s why the county is on her case.

“The enforcement is not arbitrary or onerous, but it is equitable to ensure public health; and yes, there are considerations for cultivated areas,” said Greene. (Similar enforcement has taken place elsewhere in the county.)

“The County’s issue is public health, not manicured lawns,” he said.

Brent, for her part, is left to wonder why the enforcement is taking place now, even though her yard has been chock full of vegetation for a decade. As far as wildlife, she said the yard is primarily home to chipmunks, rabbits and birds — critters that aren’t going to harm humans.

“My neighbors are all up in arms, they’re so upset,” Brent said. “The situation has been surreal to say the least.”


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