HomeMy WebLinkAbout20090981.tiffRESOLUTION
RE: ACTION OF THE BOARD CONCERNING CIVIL PENALTY AGAINST AND
AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST ALBA COFFEE FOR VIOLATIONS OF THE COLORADO RETAIL
FOOD ESTABLISHMENT RULES AND REGULATIONS
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, Alba Coffee is allegedly in violation of the Colorado Retail Food Establishment
Rules and Regulations, and
WHEREAS, despite efforts by the Weld County Department of Public Health and
Environment staff to resolve said matter, the violations have not been corrected, and
WHEREAS, on the 27th day of April, 2009, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violations, and
WHEREAS, a representative of Alba Coffee was not present or represented at said hearing,
although all parties were notified of said hearing by the Department of Public Health and
Environment, and
WHEREAS, after hearing testimony from all present, the Board of County Commissioners
deems it advisable to uphold the staff assessed civil penalty of $250.00, and to refer said violation
to the Weld County Attorney's Office for immediate legal action.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the staff assessed civil penalty of $250.00 against Alba Coffee be, and
hereby is, upheld, and the matter is referred to the Weld County Attorney's Office for immediate
legal action against Alba Coffee and any other persons occupying the properties, any persons
claiming an interest in the properties, and any persons acting in active concert with the identified
parties, to remedy the violation of the Weld County Code and Section 25-4-16, C.R.S.
2009-0981
HL0036
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HEALTH VIOLATIONS - ALBA COFFEE
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 27th day of April, A.D., 2009.
BOARD OF COU Y COMMISSIONERS
WELD ,COUNTY, OOLORADO
ATTEST:
William F. Garcia' Chair
Weld County Clerk to t
BY
APP
Deputy Clerk
unty Attorney
Date of signature. S
2009-0981
HL0036
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COLORADO
Memorandum
TO: Board of County Commissioners
From: Dan Joseph
DATE: 4/27/09
SUBJECT: Alba Coffee
Alba Coffee, located at 1530 Main Street Unit A, in Windsor, Colorado, has failed to pay an
assessed Civil Penalty for Failure to Renew a Retail Food Establishment License.
The Department has had multiple conversations/contacts with the owner to discuss
payment for license renewal and for the assessed Civil Penalty (see attached time line). At
this time the facility is unlicensed due to failure to pay the assessed Civil Penalty.
The Weld County Department of Public Health and Environment recommends the Board
of County Commissioners direct the County Attorneys office to pursue legal action against
the facility to either collect the assessed Civil Penalty, or to close the facility.
Note: The facility was assessed a Civil Penalty for the same reasons last year (Saxby's
Coffee time line- attached). The facility is owned by the same owner, just licensed under a
different name.
2009-0981
Saxby's Coffee, 1530 Main Street Unit A, Windsor, Colorado
Time Line
December 1, 2007:
January 15, 2008:
February 2, 2008:
February 21, 2008:
February 22, 2008:
February 26, 2008:
March 7, 2008:
March 12, 2008:
March 24, 2008:
Renewal issued to address on record for the facility.
Facility issued Notification of Violation Failure to Obtain a Retail
Food Establishment License.
Employees attempt to contact facility and find the phone number
on file has been disconnected (970-686-5413).
Employees attempt to contact facility at an alternative number and
message is unable to be left (970-669-0000).
Employees again attempt to contact facility, but are unable to leave
a message.
Dan Joseph and Debra Adamson visit facility and inform them that
the facility has not paid for their 2008 license and a Civil Penalty
has been issued (they obtain an alternative phone number).
Facility pays the 2008 license fee, but does not pay assessed Civil
Penalty.
Debra Adamson contacts owner and she states that she does not
want to pay the Civil Penalty based on health issues. She states
that she is going to call Dan Joseph to discuss with him (as of
March 18, 2008 phone call not been received by Julia Zurn).
The Department agrees to allow Ms. Zurn to pay the assessed Civil
Penalty in installments. She pays the assessed Civil Penalty in
$50.00 payments.
Alba Coffee, 1530 Main Street Unit A, Windsor, Colorado
Time Line
December 1, 2008:
January 15, 2009:
January 15, 2009:
February 2, 2009:
February 23, 2009:
March 18, 2009:
March 18, 2009:
April 8, 2009:
Renewal issued to address on record for the facility.
Facility issued Notification of Violation Failure to Obtain a Retail
Food Establishment License.
While conducting a regular inspection, staff informed the owner
that payment had not been received for the facility's 2009 license.
Staff talked with the owner Julia Zum.
Facility is contacted by the Department and staff speaks with an
employee by the name of Mark.
Facility is issued Notice of Civil Penalty for Failure to Obtain a
Retail Food Establishment License.
The Department receives $154.00 for the license fee, but does not
receive the assessed Civil Penalty.
Dan Joseph, while conducting a follow up inspection, discusses
Civil Penalty assessment with Julia Zum. Ms. Zurn states that she
does not want to pay the assessed Civil Penalty. Dan Joseph tells
her to contact his supervisor by phone, e-mail or regular mail to
state her case for why she doesn't need to pay. The Department
receives no response from her.
Trevor Jiricek contacted Ms. Zurn by telephone. He discussed the
lack of payment of the civil penalty. Ms. Zurn acknowledged that
she received the first renewal notice but lost it. Trevor discussed
that there had been a minimum of 4 contacts with the facility prior
to the issuance of a civil penalty. Ms. Zum was to appeal the civil
penalty by email to Trevor on April 9. No appeal was received.
Trevor left a message for Ms. Zurn on April 10. No return call was
received.
April 9, 2009: Facility Issued Notification of Hearing for Failure to pay the
assessed Civil Penalty.
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