HomeMy WebLinkAbout20080908.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH
LEGAL ACTION AGAINST GREELEY COMFORT INN FOR VIOLATION OF THE WELD
COUNTY CODE
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,the Greeley Comfort Inn is allegedly in violation of the Weld County Code and
Section 25-4-16, C.R.S., and
WHEREAS, despite efforts by the Department of Public Health and Environment staff to
resolve said matter, the violation has not been corrected, and
WHEREAS, on the 24th day of March, 2008, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, a representative of the Greeley Comfort Inn 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, the Board of County Commissioners deems it advisable to assess a civil
penalty of$750.00, 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 Greeley Comfort Inn be, and hereby is, assessed a civil penalty of
$750.00, and is referred to the Weld County Attorney's Office for immediate legal action,to remedy
the violation of the Weld County Code and Section 25-4-16, C.R.S., 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.
2008-0908
HL0035
(ih !-f t via . 01/45-4
HEALTH VIOLATION - GREELEY COMFORT INN
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 24th day of March, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: 12 -,, i t;L‘, cit:4 7 � -1--- ,
y lt*' . Jerke, Chair
Weld County Clerk to the Board
x
..j/ F�9,, rt Pro-Tern
BY: il � _.----,
Deputy Jerk to the Board
William F. Garcia
�OVED M: EXCUSED
David E. Long
y Attorney
Dougl ademac er
Date of signature: y 7 O8-'
2008-0908
HL0035
:07,1:= ' Al
Ma Memorandum
I I TO: Board of County Commissioners
A From: Dan Joseph
i�I �i: ' T, • DATE: 03/18/08
SUBJECT: Greeley Comfort Inn
The Greeley Comfort Inn, located at 2467 W. 29`n Street, in Greeley, Colorado, is operating
a retail food establishment without obtaining the required Colorado Retail Food
Establishment License in accordance with the Colorado Retail Food Establishment Rules
and Regulations and pursuant to provision Part 16, Title 25, Article 4 of the Colorado
Revised Statue.
The Department has made visits to the facility, sent multiple letters, and had conversations
with a related store in Wyoming concerning the situation (see attached time line). As of
March 18, 2008, the Department has not received any required paper work (plan review
application), nor any license fees (plan review application fee, license fee).
The Weld County Department of Public Health and Environment recommends the Board
of County Commissioners (BOCC) to direct the County Attorney to pursue legal action
against the facility to recover all assessed civil penalties (currently$750.00) and to issue a
cease and desist order to prevent the owners/facility from operating until such time that
they become fully complaint with Part 16, Title 25, Article 4, of the Colorado Revised
Statutes (this includes payment for license fee, application fees, employee review time, civil
penalties, plan review paper work, and any facility upgrades- such as adding additional
sinks, providing commercial refrigeration, etc.).
2008-0908
Greeley Comfort Inn 2467 W. 29th Street
Time Line
November 7, 2007: Inspector visits facility and informs staff that a license will need to
be obtained.
December 4, 2007: The Department had not received a response from the facility.
Facility was issued a Notification of Violation for Failure to Obtain
a Retail Food Establishment License.
December 27, 2007: Dan Joseph discusses issue with Usman Khan on the phone. The
same day an e-mail is sent from the Department directing the
manager to the plan review packet online. Usman Khan states that
he will have the information in by the end of the following week
(by January 4, 2008).
January 22, 2008: Notification of Civil Penalty Assessment- Failure to Obtain a
Retail Food Service Establishment License is issued.
February 19, 2008: Dan Joseph and Debra Adamson visit the facility and inform the
person in charge that the civil penalty issued on January 22, 2008
had not been received, nor had any of the required paper work
been received. They inform the person in charge that if the facility
continues to provide food that requires a Retail Food
Establishment license that an additional $500.00 civil penalty will
be assessed.
February 21, 2008: Dan Joseph makes a follow up inspection of the facility and finds
the facility providing food that requires a Retail Food
Establishment license.
February 21, 2008: Dan Joseph makes phone call to manager in Wyoming related to
this situation and discusses with her the requirements (10min
conversation).
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