HomeMy WebLinkAbout20112534.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING SUSPENSION / REVOCATION OF
COLORADO RETAIL FOOD ESTABLISHMENT LICENSE-TACO EXPRESS
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,Taco Express, located at 2502 8th Avenue, Garden City, Colorado, is allegedly
in violation of the Colorado Retail Food Establishment Rules and Regulations, and
WHEREAS, on September 19, 2011, a public hearing was held before the Board of County
Commissioners for the purpose of hearing testimony relating to said violations at the facility
operated by Efrain Ortiz, 4115 Denver Street, Evans, Colorado 80620, who was present at said
hearing, and
WHEREAS, after hearing testimony from all present, the Board of County Commissioners
deemed it advisable to hold the $1,000.00 civil penalty in abeyance but Suspend said license for
one week to allow the facility owner/operator and all current employees to register for, and attend,
the training course offered by the Weld County Department of Public Health and Environment on
Wednesday, September 21, 2011, hire an outside consulting agency which will provide on-site
training to all staff present within the facility, and set the matter for another hearing on
September 26, 2011, at 9:00 a.m.,to determine the status of the facility and whether further action is
necessary.
WHEREAS, at said hearing on September 26, 2011, the Department of Public Health and
Environment informed the Board that Mr. Ortiz and his staff attended the training course offered by
the Department on September 21, 2011, and Mr. Ortiz has hired a consultant, Carl Schiemann of
Schiemann Consulting Group, who has completed his initial onsite evaluation and provided some
training. The Department of Public Health and Environment recommended that the facility be
allowed to reopen, with the condition that staff conducts two (2) regular inspections within the next
two (2)weeks after Mr. Schiemann's next visit,which is to occur within ten (10)days, and if there are
repeated critical violations from the last four(4) inspections of the facility, or if the facility does not
remain in substantial compliance, the matter will be brought back to the Board of County
Commissioners for further consideration and enforcement.
L - “ L - P ViD\ 2011-2534
10 -Le -I I HL0038
SUSPENSION / REVOCATION OF COLORADO RETAIL FOOD ESTABLISHMENT LICENSE -
TACO EXPRESS
PAGE 2
WHEREAS, after hearing testimony from all present, the Board of County Commissioners
deemed it advisable to dismiss the matter and allow the facility to reopen, with the conditions
recommended by staff.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Colorado Retail Food License issued to Taco Express, c/o Efrain Ortiz,
located at 2502 8th Avenue, Garden City, Colorado, be, and hereby is, reinstated and the matter is
dismissed, with the condition that staff conducts two (2) regular inspections within the next two
(2) weeks after Mr. Schiemann's next visit, which is to occur within ten (10) days, and if there are
repeated critical violations from the last four (4) inspections of the facility, or if the facility does not
remain in substantial compliance, the matter will be brought back to the Board of County
Commissioners for further consideration and enforcement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 26th day of September, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLOftADO
ATTEST:'%a
arbara Kirkmeyer, C it
Weld County Clerk to the Board �- c--"n
I Sean . Conway, Pro-Tern ay,
Ar)
Deputy CI4Fk to the BoarI� � , Wit•/r��
Isar 0 '40 Iliam c= (l
®( 'David E. Long
ount y Attorney Q LA .`xsanct_c v.,✓
Douglas Rademach r
Date of signature: 10- lx - 11
2011-2534
HL0038
1 8 6 1 - 2 0 1 1 Memorandum
- TO: Board of County Commissioners
WELL/ •` FROM: Dan Joseph
EOUNTY
LIDATE: September 26, 2011
SUBJECT: Taco Express
A hearing with the Board of County Commissioners (BOCC)was held with the owner of
Taco Express, Efrain Ortiz, on September 19,2011, in which the BOCC directed the owner
to attend a formal food safety class, hire an outside consulting agency and close until such
time that the facility is approved to reopen (at minimum 1 week at which time a follow-up
hearing is to be held).
On September 21, 2011, Mr. Ortiz and his staff attended the Spanish Weld Star class
provided by Weld County Department of Public Health and Environment(Department)
staff.
For the hearing on September 26, 2011, the Department will make one of the following
recommendations to the BOCC based on whether Mr. Ortiz has obtained an outside
consulting agency:
1) If Mr. Ortiz has obtained an outside consulting agency, the agency has conducted an
initial onsite evaluation, and there is a contract in place, the Department will
recommend that the facility be allowed to reopen. The Department also
recommends that the BOCC set the following condition: The Department will
conduct two (2) regular inspections within the next two (2)weeks during which if
there are repeat violations from the last four(4) inspections or if the facility is not in
substantial compliance, the facility be brought back to the BOCC for further
enforcement.
2) If Mr. Ortiz has obtained an outside consulting agency, but they have not made an
initial site visit, then the same conditions above would apply with the exception of
having the facility remain closed until such time that the consulting agency can
make a site visit.
3) If Mr. Ortiz has not obtained an outside consulting agency, the Department will
recommend that the facility remain closed until such time as they obtain an outside
consulting agency and set a follow-up hearing date for the following Monday
(October 3,2011).
1 8 6 1 - 2 0 1 1 Memorandum
TO: Board of County Commissioners
•/ FROM: Dan Joseph
WELD OUNTY
L____I DATE: September 19,2011
SUBJECT: Taco Express
Taco Express, located at 2502 8111 Avenue, in Garden City, Colorado, has failed to maintain
compliance with the Colorado Retail Food Establishment Rules and Regulations (see
attached timeline). The Weld County Department of Public Health and Environment
(Department) has given the facility all opportunities to come into compliance as afforded to
them in the Colorado Revised Statutes. Unfortunately, our staff continues to observe
violations that have the potential to directly result in illnesses of patrons dining at the
establishment.
The Weld County Department of Public Health and Environment recommends the Board
of County Commissioners (BOCC) to revoke or suspend Taco Express' Retail Food
Establishment License. In the event the facility's Retail Food Establishment license is not
revoked or suspended, the Department recommends that the BOCC direct the facility to
pay the assessed civil penalty, hire a consulting firm, and have staff attend formal food
safety training as conditions of continued operation.
2011-2534
BOCC Hearing for Taco Express
September 19, 2011
History of Violations 2008 - 2011
SUMMARY
Since 2008,the Department has performed 17 inspections where 88 violations were cited for an
average of 5.2 per inspection. Of the 88 violations cited,62 were critical violations(70%). Of those
critical violations,32 (52%)were food borne illness risk factors.
Since 2010,we have conducted 10 inspections where 64 violations were cited (average of 6.4
violations per inspection). This is more than three and half times the number of violations per
inspection for our average facility(1.72).
CRITICAL ITEMS
Critical items are related directly to foodborne illness.
Highlighted items are food borne illness risk factors identified by the Centers for Disease Control as most
commonly contributing to foodbome illness.
lb Food in unsound condition
Cited August 22, 2011
lc Cross contamination
Cited January 28, 2009
Cited March 31, 2011
Cited June 2, 2011
Cited August 22, 2011
2c Improper hand washing
Cited March 31, 2011(twice)
2d Improper hveienic practices
Cited January 28, 2009
Cited June 2, 2009
Cited January 20, 2011
Cited March 31, 2011 (four violations)
Cited June 2, 2011 (twice)
2e Improper employee drink/food storage
Cited May 21, 2008
Cited July 1, 2008
Cited January 28, 2009
Cited June 2, 2009
Cited December 8, 2010
Cited December 10, 2010
Cited January 20, 2011
Cited March 31, 2011
Cited June 2, 2011
Cited August 22, 2011
2f Demonstration of knowledge(unable to demonstrate)
Cited March 31, 2011
Cited June 2,2011
Cited August 22, 2011
22 Bare hand contact of ready to eat foods
Cited May 21, 2008
Cited June 2, 2009
Cited June 2, 2010
3c Improper hot holding
Cited December 8, 2010
3e Improper cold holding
Cited on June 2, 2010
Cited July 15, 2010
Cited December 8, 2010
Cited March 31, 2011
Cited August 22, 2011
3f Food thermometer(missing or not calibrated?
Cited May 21, 2008
Cited August 22,2011
32 Inadequate Refrigeration
Cited August 22, 2011
5b No hot water at hand sink
Cited December 8, 2010
Cited March 31, 2011
5c Adequate backflow prevention
Cited May 21, 2008
Cited August 22, 2011
5d Plumbing
Cited on June 2, 2010
Cited on July 15, 2010(bell reducer broken at the 3-compartment sink)
6b Hand sink not accessible
Cited March 31, 2011
6c No soap or paper towels at hand sink(s)
Cited May 21, 2008
Cited December 4, 2008
Cited January 25, 2010
Cited June 2, 2010
Cited December 8, 2010
Cited January 20, 2011
Cited March 31, 2011
Cited June 2, 2011
7a Evidence of pests
Cited March 31,2011
8a Poisonous or toxic items not properly stored
Cited May 21, 2008
8b Poisonous or toxic items improperly labeled
Cited December 4,2008
Cited January 28, 2009
Cited January 25,2010
Cited June 2, 2011
NON-CRITICAL ITEMS
9b Not protecting food from contamination
Cited June 2, 2010
Cited March 31, 2011
10b-Equipment design(Needs Repair)
Cited January 25, 2010
lla-Thermometer in refrigeration units
Cited December 4, 2008
11c Sanitizer test strips not available
Cited May 21, 2008
12a-Dirty equipment
Cited June 2, 2009
Cited June 2, 2010
12c-Improper dishwashing operation
Cited May 21, 2008
13a-Handles of serving utensils
Cited December 4, 2008
Cited January 25, 2010
14a-Plumbing
Cited May 21, 2008
Cited December 4,2008
Cited January 28, 2009
Cited January 25, 2010
Cited June 2, 2010
Cited December 8, 2010
Cited December 10, 2010
Cited January 20, 2011
Cited March 31, 2011
Cited June 2, 2011 (twice)
14c-Floors,walls and ceilings in disrepair
Cited December 8, 2010
14g Doors,Lighting
Cited January 25, 2010
Cited August 22, 2011
14i Facilities
Cited January 20, 2011
Cited March 31, 2011
OTHER PENDING ENFORCEMENT ACTIONS
Second Notification of Non-Compliance(20
Compliance Warning(lc-Cross Contamination)
Compliance Warning(2d-Wiping Hands on Apron)
Compliance Warning(2d-Wearing jewelry while Preparing Food)
Compliance Warning with Civil Penalty of$250.00 (6c-Papertowels and Soap at Hand sinks)
Compliance Warning stating a Civil Penalty of$1000.00 will be assessed if violation is found at next
regular inspection. )(14a-Plumbing)
LETTERS ISSUED
June 3, 2008: First Notification of Non-Compliance(2g, 6c, 8a)
July 14, 2008: First Notification of Non-Compliance(2e)
December 18,2008: Notice of Civil Penalty(6c)and Compliance Warning(2e)
August 9, 2010: First Notification of Non-Compliance(3e, 5d)
September 8,2010: Compliance Warning(3e, 5d)
December 27, 2010: Second Notification of Non-Compliance(03e)
December 22, 2010: First Notification of Non-Compliance(2e, 14a, 14c)
February 8, 2011: Revised First Notification of Non-Compliance(2e, 14a)and Revised Second
Notification of Non-Compliance(2e, 14a).14c removed per Colorado
Department of Public Health and Environment guidelines.
April 20, 2011: First Notice of Civil Penalty($500.00)for 2e and 14a,and First Notification on
Non-Compliance (2d, 6c, 14i).
June 24,2011: Second Notice of Civil Penalty($750.00)and Notice of Informal Hearing for 2e
and 14a-previous Civil Penalty($500.00)had not been paid.
First Notification of Non-Compliance for(lc,2d, 2f)
Second Notification on Non-Compliance for(6c)
July 21, 2011: Formalization of Non-Compliance Meeting
September 2,2011: Third Notice of Civil Penalty and Notice of Hearing
INSPECTIONS CONDUCTED
May 21, 2008 Regular Inspection
July 1, 2008 Follow-Up Inspection
July 12, 2008 Follow-Up Inspection
December 4, 2008 Regular Inspection
January 28, 2009 Regular Inspection
June 2, 2009 Regular Inspection
June 16, 2009 Follow-Up Inspection
January 25, 2010 Regular Inspection
June 2, 2010 Complaint Inspection
July 15, 2010 Follow-Up Inspection
August 27, 2010 Follow-Up Inspection
December 8,2010 Regular Inspection
December 10, 2010 Follow-Up Inspection
January 20, 2011 Follow-Up Inspection
March 31, 2011 Follow-Up Inspection
June 2,2011 Follow-Up Inspection
August 22, 2011 Follow-Up Inspection
August 25, 2011 Pre-Opening Inspection(Facility was Closed on August 22, 2011 due to
violations)
Tf facility were in compliance during that time period we would have conducted 8 inspections.
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1861 - 2011 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
_ 1555 N. 17th 06
Greeley, CO 80631 ='
Public Health
Web: httb://www.co.weld.co.us/Departments/HealthEnvironment/index.html
WE L i O U N T Y Health Administration Public Health&Clinical Environmental Health Communication, Emergency Preparedness
Vital Records Fax:Services Services Education Planning 8ResP0.30
Tele:970.304. 4 Tele:970.304.6420 Tele:970.3046415 Tele:970.304.6470 Tele.970.304.6420
Fax. 970.304.6412 Fax: 970.304.6416 Fax: 970.304.6411 Fax: 9703046452 Fax: 970.304.6469
Our vision.Together with the communities we serve,we are working to make Weld County the healthiest place to live,learn,work and play.
September 2, 2011
Hand Delivered
Mr. Efrain Ortiz
4115 Denver Street
Evans, Colorado 80620
RE: Taco Express, 2502 8th Avenue, Garden City, Colorado
NOTIFICATION OF HEARING
THIRD NOTICE OF CIVIL PENALTY
RETAIL FOOD ESTABLISHMENT NON-COMPLIANT
Dear Mr. Ortiz:
You, Efrain Ortiz,are hereby notified that the Weld County Department of Public Health and
Environment has determined that Taco Express located at located at 2502 8th Avenue, in Garden
City, Colorado, has been found in violation of the provisions of Part 16, Title 25, Article 4 of the
Colorado Revised Statutes and the Colorado Retail Food Establishment Rules and Regulations.
You, as licensee, have been granted a hearing under the provisions of 24-4-101, C.R.S. You have
been notified of the items (2e-employee food and drink) of such violation in writing, have been
given an opportunity to comply and you remain in violation.
Background Summary:
December 8, 2010 A regular inspection was conducted in which violations 02e (employee food and
drink in food preparation area) and 14a(plumbing not maintained) were cited.
December 10, 2010 A follow-up inspection was conducted in which violations 02e (employee food and
drink in food preparation area) and 14a(plumbing not maintained) were cited.
December 22, 2010 A First Notification of Non-Compliance for violations 02e (employee food and drink
in food preparation area) and 14a(plumbing not maintained) was issued and returned
to sender unclaimed on January 19, 2011.
Hand Delivered
Taco Express
June 24, 2011
Page 2
January 20, 2011 A follow-up inspection was conducted in which violations 02e (employee food and
drink in food preparation area) and 14a(plumbing not maintained)were cited. The
First Notification of Non-Compliance was hand delivered during this inspection.
January 27, 2011 A Second Notification of Non-Compliance for violations 02e (employee food and
drink in food preparation area) and 14a(plumbing not maintained) was issued and
hand delivered to Taco Express and signed for by Maria Adriana on February 8,
2011.
March 31, 2011 A follow up inspection was conducted in which violations 02e (employee food and
drink in food preparation area) and 14a(plumbing not maintained) were cited.
April 20, 2011 A Notice of Civil Penalty in the amount of$500.00 for violations 02e (employee food
and drink in food preparation area) and 14a(plumbing not maintained)was issued
and was returned unclaimed on May 12, 2011.
June 2, 2011 A follow-up inspection was conducted in which violation 02e(employee food
and drink in food preparation area) and 14a(plumbing not maintained) were
cited. The Notice of Civil Penalty in the amount of$500.00 was hand
delivered to Taco Express and signed for by Bianca Fernandez during this
inspection.
June 24,2011 A Second Notice of Civil Penalty and Notice of Informal Hearing in the
amount of$1,250.00 ($750.00 + unpaid $500.00) for violations 02e
(employee food and drink in food preparation area) and 14a(plumbing not
maintained) was hand delivered to Taco Express and signed for by Karen
Fernandez.
July 13, 2011 An Informal Hearing was held at Weld County Department of Public Health.
July 18, 2011 Half of the Civil Penalty ($625.00) was received by the Department, receipt
for plumbing repairs submitted to satisfy the remaining $625.00.
July 21, 2011 Formalization of Non-Compliance Meeting was hand delivered to Taco
Express and signed for by Bianca Fernandez.
August 5, 2011 Received documentation from Efrain Ortiz on how the facility was going to
maintain compliance with the violations previously noted.
August 22, 2011 A follow-up inspection was conducted in which violation 02e (employee food
and drink in food preparation area) was cited.
August 22, 2011 Facility was closed due to inadequate refrigeration capacity and backflow of
waste water into food preparation sink.
August 25, 2011 Facility was approved by the Department to reopen after completing plumbing
and refrigeration repairs.
Hand Delivered
Taco Express
June 24, 2011
Page 3
Pursuant to the above information and as provided in Section 25-4-1611 (I), C.R.S. 1998, Repl.
Vol.,you are hereby ordered to pay the civil penalty in the full amount of$1,000.00. Such
civil penalty must be received by the Weld County Department of Public Health and
Environment within ten (10) days from the receipt of this letter. Checks must be made
payable to Weld County Department of Public Health and Environment (WCDPHE).
You are scheduled to appear before a public meeting of the Weld County Board of Commissioners on
September 19,2011, at 9:00 a.m. The hearing will be held at the Weld County Centennial Center,
1150 O Street, Greeley, Colorado, during the regular Board meeting. The Board will be requested to
authorize legal action to enjoin the operation of your establishment unless and until you are in
compliance with the Colorado Retail Food Establishment Rules and Regulations. The Board will also
be requested to authorize the County Attorney to seek a judgment for the amount of the civil penalty
assessed.
If you need assistance in complying with this Notification of Hearing Third Civil Penalty or if there
is additional information you feel we need to be aware of, please contact us at (970) 304-6415.
Sincerely,
Shana Fassman Debra Adamson, MPH
Environmental Health Specialist Consumer Protection Manager
Environmental Health Services Environmental Health Services
cc: Trevor Jiricek, M.A.E.S., Director, Environmental Health Services
Mark E. Wallace, MD, MPH, Director, Weld County Department of Public Health and
Environment
Bruce Barker, Weld County Attorney
Sara Evans, Environmental Health Manager, Environmental Health Services
1861 - 2011 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 N. 17th Avenue
Greeley, CO 80631
Public Health
Web: htte://www.co.weld.co.us/Departments/HealthEnvironment/index.html
WE L ' 0 N T Y Health Administration Public Health 8 Clinical Environmental Health Communication, Emergency Preparedness
Vital Records Services Services Education E.Planning &Response
Tele:970 304.6410 6420 Tele:970.3046415 Tele:970 304.6470 Tele:970 304 Fax: 970 304 Fax: 970 304 Fax 970.3046411 Fax: 970 304.6452 Fax: 970.3046469
Our vision.Together with the communities we serve,we are working to make Weld County the healthiest place to live,learn,work and play.
June 24, 2011
Hand Delivered
Mr. Efrain Ortiz
4115 Denver Street
Evans, Colorado 80620
RE: Taco Express, 2502 8th Avenue, Garden City, Colorado
SECOND NOTICE OF CIVIL PENALTY
AND
NOTICE OF INFORMAL HEARING
RETAIL FOOD ESTABLISHMENT NON-COMPLIANT
Dear Mr. Ortiz:
You, Efrain Ortiz, are hereby notified that the Weld County Department of Public Health and Environment has
determined that Taco Express located at 2502 8th Avenue, in Garden City, Colorado, has been found in violation
of the provisions of Part 16, Title 25, Article 4, of the Colorado Revised Statutes and the Colorado Retail Food
Establishment Rules and Regulations.
You, as licensee, have been notified of such violations (items 2e and 14a) in writing, have been given an
opportunity to comply, and you have again been found to be in violation.
Background Summary
December 8, 2010 A regular inspection was conducted in which violations 02e (employee food and drink in
food preparation area) and 14a(plumbing not maintained) were cited.
December 10, 2010 A follow-up inspection was conducted in which violations 02e (employee food and drink
in food preparation area) and 14a(plumbing not maintained)were cited.
December 22, 2010 A First Notification of Non-Compliance for violations 02e (employee food and drink in
food preparation area) and 14a(plumbing not maintained) was issued and returned to
sender unclaimed on January 19, 2011.
January 20, 2011 A follow-up inspection was conducted in which violations 02e (employee food and drink
in food preparation area) and 14a(plumbing not maintained) were cited. The First
Notification of Non-Compliance was hand delivered during this inspection.
Hand Delivered
Taco Express
June 24, 2011
Page 2
January 27, 2011 A Second Notification of Non-Compliance for violations 02e (employee food and drink
in food preparation area) and 14a(plumbing not maintained)was issued and hand
delivered to Taco Express and signed for by Maria Adriana on February 8, 2011.
March 31, 2011 A follow up inspection was conducted in which violations 02e (employee food and drink
in food preparation area) and 14a(plumbing not maintained) were cited.
April 20, 2011 A Notice of Civil Penalty in the amount of$500.00 for violations 02e (employee food
and drink in food preparation area) and 14a(plumbing not maintained) was issued and
was returned unclaimed on May 12, 2011.
June 2, 2011 A follow-up inspection was conducted in which violation 02e (employee food and drink
in food preparation area) and 14a (plumbing not maintained) were cited. The Notice of
Civil Penalty in the amount of$500.00 was hand delivered to Taco Express and signed
for by Bianca Fernandez during this inspection.
Pursuant to the above information and as provided in Section 25-4-1611 (I), C.R.S. 1998, Repl.
Vol.,you are hereby ordered to pay the civil penalty in the full amount of($750.00). Such civil
penalty must be received by the Weld County Department of Public Health and Environment
within ten (10) days from the receipt of this letter. Checks must be made payable to Weld County
Department of Public Health and Environment (WCDPHE). Please note that the previously
assessed civil penalty has not been paid and that the total due is twelve hundred and fifty dollars
($1250.00). Failure to pay the penalty amount in full will subject you to further enforcement
proceedings, including license suspensions or revocation.
Note: The facility may use up to 50% of the assessed civil penalty to obtain long term compliance with the
violation(s) noted. Use of these funds must be approved by the Department prior to use. Once the agreed
upon items have been obtained, ordered, or training scheduled/attended, documentation of the
expenditure must be provided to the Department. The civil penalty will be considered unfulfilled until
such time that payment and documentation have been received by the Department.
Should you wish to contest the department's findings, you have a right to request a hearing on this matter under
the provisions of 24-4-101, C.R.S., or as approved by local legal counsel. Such request must be made in writing
within ten(10) days of the date of this letter to the Weld County Department of Public Health and Environment
at 1555 North 17th Avenue, Greeley, Colorado.
Failure to comply with the provisions of this Notice of Civil Penalty by continued or additional violations
within the categories of rules and regulations of which you are notified herein, will subject you, as licensee, to a
civil penalty which may be assessed by the Department. The amount of the civil penalty would be no less than
one thousand dollars ($1,000).
Be advised that under the provisions of 25-4-1611, CRS, that the assessment of a third civil penalty will result
in the Department initiating action to suspend or revoke your retail food establishment license.
In addition, this Department is requesting your attendance at an informal hearing to be held at the Weld
County Department of Public Health and Environment, Environmental Health Services Division, 1555
North 17th Avenue, Greeley, Colorado, on July 13,2011 at 2:30 p.m. Please come prepared to discuss the
ongoing non-compliance issues at your facility.
Hand Delivered
Taco Express
June 24, 2011
Page 3
If you require assistance in complying with this Second Notice of Civil Penalty or if there is additional
information you feel we need to be aware of, please do not hesitate to contact Shana Fassman at(970) 304-6415
extension 2215 or Debra Adamson at extension 2243.
Sincerely,
Shana Fassman Debra Adamson, MPH
Environmental Health Specialist Consumer Protection Manager
Environmental Health Services Environmental Health Services
cc: Trevor Jiricek, M.A.E.S., Director, Environmental Health Services
Mark E. Wallace, MD, MPH, Director, Weld County Department of Public Health and
Environment
Bruce Barker, Weld County Attorney
Sara Evans, Environmental Health Manager, Environmental Health Services
1861 - 2011 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 N. 17th Avenue
Greeley, CO 80631
PubllcHealth
.% Web: http://www.co.weld.co.us/Departments/HealthEnvironment/index.html
Health Administration Public Health Si Clinical Environmental Health Communication, Emergency Preparedness
WE L 0 U N T Y Vital Records Services Services Education 8 Planning &Response
Tale.970 304 6410 Tale:970.304.6416 Tale:970 304 641 O Tale:970.304.6470 Tale:97304.6469
LmJ Fax: 970.304.6410 Tax: 970304.6410 Tax: 970.304.64111 Tax 970304.6470 Fax: 970.304.6460
Our vision.Together with the communities we serve,we are working to make Weld County the healthiest place to lee,learn,work and play.
April 20, 2011
Certified Letter No.: 7009 2250 0000 0100 8200
Mr. Efrain Ortiz
4115 Denver Street
Evans, Colorado 80620
RE: Taco Express, 2502 8th Avenue, Garden City, Colorado
NOTICE OF CIVIL PENALTY
RETAIL FOOD ESTABLISHMENT NON-COMPLIANT
Dear Mr. Ortiz:
You, Efrain Ortiz, are hereby notified that the Weld County Department of Public Health and Environment has
determined that Taco Express, located at 2502 8th Avenue, in Garden City, Colorado, has been found in
violation of the provisions of Part 16, Title 25, Article 4, of the Colorado Revised Statutes and the Colorado
Retail Food Establishment Rules and Regulations.
You, as licensee, have been notified of the items in writing, have been given an opportunity to comply, and you
have again been found to be in violation.
Background Summary
December 8, 2010 A regular inspection was conducted in which violations 02e (employee food and drink in
food preparation area) and I4a(plumbing not maintained) were cited.
December 10, 2010 A follow-up inspection was conducted in which violations 02e (employee food and drink
in food preparation area) and 14a(plumbing not maintained) were cited.
December 22, 2010 A First Notification of Non-Compliance for violations 02e(employee food and drink in
food preparation area) and 14a(plumbing not maintained) was issued and returned to
sender unclaimed on January 19, 2011.
January 20, 2011 A follow-up inspection was conducted in which violations 02e (employee food and drink
in food preparation area) and 14a(plumbing not maintained were cited. The First
Notification of Non-Compliance was hand delivered during this inspection.
Certified Letter No.: 7009 2250 0000 0100 8200
Taco Express
April 20, 2011
Page 2
January 27, 2011 A Second Notification of Non-Compliance for violations 02e (employee food and drink
in food preparation area) and 14a(plumbing not maintained) was issued and hand
delivered to Taco Express and signed for by Maria Adriana on February 8, 2011.
March 31, 2011 A follow up inspection was conducted in which violations 02e (employee food and drink
in food preparation area) and 14a(plumbing not maintained) were cited.
Pursuant to the above information and as provided in Section 25-4-1611 (I), C.R.S. 1998,Repl.
Vol.,you are hereby ordered to pay the civil penalty in the full amount of($500.00). Such civil
penalty must be received by the Weld County Department of Public Health and Environment
within ten (10) days from the receipt of this letter. Checks must be made payable to Weld County
Department of Public Health and Environment (WCDPHE). Failure to pay the penalty amount in
full will subject you to further enforcement proceedings, including license suspensions or
revocation.
Note: The facility may use up to 50% of the assessed civil penalty to obtain long term compliance with the
violations noted. Use of these funds must be approved by the Department prior to expenditure. Once the
agreed upon items have been obtained, ordered, or training scheduled/attended, documentation of the
expenditure must be provided to the Department. The civil penalty will be considered unfulfilled until
such time that payment and documentation have been received by the Department.
Should you wish to contest the department's findings, you have a right to request a hearing on this matter under
the provisions of 24-4-101, C.R.S., or as approved by local legal counsel. Such request must be made in writing
within ten (10) days of the date of this letter to the Weld County Department of Public Health and Environment
at 1555 North 17th Avenue, Greeley, Colorado.
Therefore, pursuant to sections 25-1-107, 25-1-109, 25-4-1610(c) and 25-4-1611 Colorado Revised Statutes,
you as the licensee are hereby ordered to correct deficiency 14a immediately, and to maintain correction of
the deficiency 2e so as to comply with the Colorado Retail Food Establishment Rules and Regulations.
Failure to comply with the provisions of this Notice of Civil Penalty by continued or additional violations
within the categories of rules and regulations of which you are notified herein, will subject you, as licensee, to
an additional civil penalty which may be assessed by the Department. The amount of the civil penalty would be
no less than seven hundred fifty dollars ($750.00) and not more than one thousand dollars ($1,000.00).
If you need assistance in complying with this Notice of Civil Penalty or if there is additional information you
feel we need to be aware of, please do not hesitate to contact Shana Fassman at (970) 304-6415 extension 2215
or Debra Adamson at extension 2243.
Sincerely,
Shana Fassman Debra Adamson, MPH
Environmental Health Specialist Consumer Protection Manager
Environmental Health Services Environmental Health Services
Certified Letter No.: 7009 2250 0000 0100 8200
Taco Express
April 20, 2011
Page 3
cc: Trevor Jiricek, M.A.E.S., Director, Environmental Health Services
Mark E. Wallace, MD, MPH, Director, Weld County Department of Public Health and
Environment
Sara Evans, Environmental Health Manager, Environmental Health Services
(ale t(ve: a DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT .
1555 N. 17th Avenue •W
Greeley, CO 80631
PablicHeelth
I Web: hrip.//www co weld co usiDepartments/HealthEnvironmentAndex.html
ll Health Administration Public Health&Clinical Environmental Health Communication, Emergency Preparedness
CO Vital Records Services Services EducatiTTele 970o3n8. &Response
Fax: 970.304.6412 Faxer: 97O3046416 Fax: 97O304.641Tele 970.3046420
51 Fax 970.304.6452 Fax 970.3046469
Our vision:Together with the communities we serve,we are working to make Weld County the healthiest place to Ove,learn,work and play
COLORADO
January 27, 2011
Hand Delivered
Mr. Efrain Ortiz
4115 Denver Street
Evans, Colorado 80620
RE: Taco Express, 2502 8th Avenue, Garden City, Colorado
FIRST NOTIFICATION OF NON-COMPLIANCE
RETAIL FOOD ESTABLISHMENT
Dear Mr. Ortiz:
On December 10, 2010, an Environmental Health Specialist with the Weld County Department of Public Health
and Environment conducted a follow-up inspection of Taco Express, licensed by you Efrain Ortiz, located at
2502 8th Avenue, in Garden City, Colorado. The following items were found to be in violation of the Colorado
Retail Food Establishment Rules and Regulations (* denotes a critical violation):
VIOLATIONS
*02e) Found bag of cookies on counter at vegetable prep sink at time of inspection. Eating and/or smoking in a
food preparation, storage or service area is prohibited. Bag moved to designated area. Corrected at time
of inspection. REPEAT VIOLATION.
Section 2-502 A of the Colorado Retail Food Establishment Rules and Regulations states,
"...employees shall consume food, drink, or use tobacco only in designated areas. Such designated
areas must be located so that eating or tobacco use of an employee does not result in contamination of
food, equipment, utensils, or other items needing protection."
14a) Sewer line from vegetable prep sink is plugged not allowing waste water to flow down. Wastewater is
overflowing from bell reducer into plastic bucket. Spray nozzle is missing from three compartment sink.
Drain lines from equipment shall not discharge wastewater in a manner that permits the flooding of
floors, or the flowing of water across working or walking areas, or in difficult to clean areas that create a
nuisance. Plumbing shall be sized, installed and maintained in accordance with applicable state and local
Hand Delivered
Taco Express
January 27, 2011
Page 2
plumbing codes, ordinances, regulations and standards. Correct as soon as possible, follow up at next
inspection. REPEAT VIOLATION.
Section 5-207 of the Colorado Retail Food Establishment Rules and Regulations states, "Drain lines
from equipment shall not discharge wastewater in a manner that permits the flooding of floors, or the
flowing of water across working or walking areas, or into difficult-to-clean areas that create a nuisance."
Violation numbers 02e, and 14a, were also cited during an inspection of this facility on December 8, 2010, and
the deficiencies were to be corrected by as soon as possible.
Therefore, pursuant to sections 25-1-107, 25-1-109, 25-4-1610(c) and 25-4-1611 Colorado Revised Statutes,
you as the licensee are hereby ordered to correct the deficiencies set forth immediately (14a) and maintain
(02e) correction of the deficiencies so as to comply with the Colorado Retail Food Establishment Rules and
Regulations. Specifically, enact and enforce Standard Operating Procedures (SOPs)to ensure ongoing
compliance with the Colorado Retail Food Establishment Rules and Regulations by training employees on
eating and drinking procedures and monitoring employees to ensure compliance with SOPs. An example SOP
has been enclosed for your use. The Weld County Department of Public Health and Environment shall assess
compliance during the next follow-up inspection.
Any written statement or data concerning the deficiencies set forth above will be considered by the Department.
Failure to comply with the provisions of this First Notification of Non-Compliance by continued or additional
violations within the categories of rules and regulations of which you are notified herein, will subject you, as
licensee, to additional enforcement proceedings.
If you need assistance in complying with this First Notification of Non-Compliance or if there is additional
information you feel we need to be aware of, please do not hesitate to contact Shana Fassman at (970) 304-6415
extension 2215.
Sincerely,
Shana Fassman Dan Joseph
Environmental Health Specialist Food Program Coordinator
Environmental Health Services Environmental Health Services
cc: Trevor Jiricek, M.A.E.S., Director, Environmental Health Services
Mark E. Wallace, MD, MPH, Director, Weld County Department of Public Health and
Environment
Sara Evans, Environmental Health Manager, Environmental Health Services
Debra Adamson, MPH, Consumer Protection Manager, Environmental Health Services
18 6 I - 2 0 II DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 N. 17th Avenue
Greeley, CO 80631
6 PuwieHeatth
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January 27, 2011
Hand Delivered
Mr. Efrain Ortiz
4115 Denver Street
Evans, Colorado 80620
RE: Taco Express, 2502 8th Avenue, Garden City, Colorado
SECOND NOTIFICATION OF NON-COMPLIANCE
RETAIL FOOD ESTABLISHMENT
Dear Mr. Ortiz:
On January 20, 2011, an Environmental Health Specialist with the Weld County Department of Public Health
and Environment conducted a follow-up inspection of Taco Express, licensed by you Efrain Ortiz, located at
2502 81h Avenue, in Garden City, Colorado. The purpose of this inspection was to determine compliance with
the violations of the Colorado Retail Food Establishment Rules and Regulations previously noted in the First
Notification of Non-Compliance dated December 22, 2010. The following items were found to be in violation
of the subject regulations (* denotes a critical violation):
VIOLATIONS
*02e) Found water bottle at vegetable prep sink. Eating and/or smoking in a food preparation, storage or
service area is prohibited. Bottle moved to designated area, corrected at time of inspection. REPEAT
VIOLATION.
Section 2-502 A of the Colorado Retail Food Establishment Rules and Regulations states,
"...employees shall consume food, drink, or use tobacco only in designated areas. Such designated
areas must be located so that eating or tobacco use of an employee does not result in contamination of
food, equipment, utensils, or other items needing protection."
14a) Sewer lines from vegetable prep sink, three compartment sink and south hand sink are plugged and not
allowing waste water to flow down. Wastewater is overflowing from bell reducers underneath three
compartment sink and vegetable prep sink into plastic buckets and onto floor. Drain lines from
equipment shall not discharge wastewater in a manner that permits the flooding of floors, or the flowing
of water across working areas, or in difficult to clean areas that create a nuisance. Plumbing shall be
sized, installed and maintained in accordance with applicable state and local plumbing codes,
ordinances, regulations and standards. Correct immediately. REPEAT VIOLATION.
Hand Delivered
Taco Express
January 27, 2011
Page 2
Section 5-207 of the Colorado Retail Food Establishment Rules and Regulations states, "Drain lines
from equipment shall not discharge wastewater in a manner that permits the flooding of floors, or the
flowing of water across working or walking areas, or into difficult-to-clean areas that create a nuisance."
Violation numbers 02e, 14a, were also cited during inspections of this facility on December 8, 2010, and
December 10, 2010. Deficiency (02e) was to be maintained corrected and deficiency (14a) was to be corrected
as soon as possible, follow up to occur at next inspection.
Therefore, pursuant to sections 25-1-107, 25-1-109, 25-4-1610(c) and 25-4-1611 Colorado Revised Statutes,
you as the licensee are hereby ordered to correct the deficiencies set forth immediately (14a) and to maintain
correction (02e) of the deficiencies, so as to comply with the Colorado Retail Food Establishment Rules and
Regulations. Specifically, enact and enforce Standard Operating Procedures (SOPs)to ensure ongoing
compliance with the Colorado Retail Food Establishment Rules and Regulations by training employees on
eating and drinking procedures and monitoring employees to ensure compliance with SOPs. An example SOP
has been enclosed for your use. The Weld County Department of Public Health and Environment shall assess
compliance during the next follow-up inspection.
Any written statement or data concerning the deficiencies set forth above will be considered by the Department.
Please be advised, because the same violations have been cited during the previous (3) inspections, a civil
penalty will be assessed during the next follow-up inspection. If you are found to be in compliance during
the next inspection the assessed civil penalty will be no less than two hundred fifty dollars ($250) and no
more than five hundred dollars ($500). If you are found to be in non-compliance during the next follow
up inspection, a civil penalty will be assessed that is no less than five hundred dollars ($500) and no more
than one thousand dollars ($1000). A flow-chart detailing the Retail Food Establishment Civil Penalty
Process has been enclosed for your information.
If you need assistance in complying with this Second Notification of Non-Compliance or if there is additional
information you feel we need to be aware of, please do not hesitate to contact Shana Fassman at (970) 304-6415
extension 2215.
Sincerely,
Shana Fassman Debra Adamson, MPH
Environmental Health Specialist Consumer Protection Manager
Environmental Health Services Environmental Health Services
cc: Trevor Jiricek, M.A.E.S., Director, Environmental Health Services
Mark E. Wallace, MD, MPH, Director, Weld County Department of Public Health and
Environment
Sara Evans, Environmental Health Manager, Environmental Health Services
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