HomeMy WebLinkAbout20080909.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH
LEGAL ACTION AGAINST LINDA LOU'S 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, Linda Lou's is allegedly in violation of the Weld County Code and
Section 25-4-1611(1), 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, Linda Gray, a representative of Linda Lou's, was present at said hearing, and
WHEREAS, the Board of County Commissioners deems it advisable to assess a civil
penalty of$250.00, and to refer said violation to the Weld County Attorney's Office for legal action,
with an instruction to delay said action for a period of approximately 30 days, to allow time for the
Department of Public Health and Environment to complete an additional inspection.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that Linda Lou's be, and hereby is, assessed a civil penalty of$250.00 and is
referred to the Weld County Attorney's Office for legal action, to remedy the violation of the Weld
County Code and Section 25-4-1611(l), 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, with an instruction to delay action until April 24, 2008.
2008-0909
HL0035
�(�'• /1/47 V/ac 01 lS O d
HEALTH VIOLATION - LINDA LOU'S
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: "/A ��
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' ., L i
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TX' .a, • • Jerke, Chair
Weld County Clerk to the Board , ,i
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'^az � • RobeRobert . de' , Pro-Tem
J BY: '� •'
Deputy Clerk to the Board
illiam F. Garcia
A OWD A R . EXCUSED
David E. Long I _
Attorney
ougla Rademacher
Date of signature: - 7^U 8
2008-0909
HL0035
Memorandum
I ' is
I TO: Board of County Commissioners
1 '
• FROM: Megan Townsend
v IL.L. •
• • i ter•. .j,T) DATE: March 18, 2008
SUBJECT: Linda Lou's, Failure to pay Civil Penalty
Assessment
Linda Gray, owner of Linda Lou's, located at 905 Carbondale Drive, Dacono, Colorado,
has requested a hearing to appeal the assessment of a $250.00 Civil Penalty. This Civil
Penalty was issued in accordance with Section 25-4-1611 (I), C.R.S. 1998, Repl. Vol., on
December 10, 2007, for the repeated failure to provide disposable paper towels at hand
sinks as required by the Colorado Retail Food Establishment Rule and Regulations.
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 civil penalty, or to close the facility.
(Please see attached timeline)
Public Health Significance of Disposable Paper Towels at Hand Sinks:
A lack of disposable paper towels at hand sinks discourages food handlers from washing
their hands. If hands are washed and no disposable paper towels are present, food
handler's hands can become re-contaminated in multiple ways: 1) By turning the water off
at the faucet with bare hands instead of a paper towel; 2) By wiping hands on clothing or a
common towel. If hands are not dried after washing, the food handler's wet hands will
transfer pathogens in the kitchen and/or bathroom much more readily than dry hands
would.
In addition, disposable paper towels are important for more than just promoting hand
washing, drying hands and preventing re-contamination of hands. The friction applied
when drying hands with disposable paper towels provides a mechanism for removing
viruses, and fat and protein particles left on hands after hands are washed with soap and
water.
2008-0909
Linda Lou's, 905 Carbondale Drive, Dacono, Colorado
Timeline
November 1, 2006: A regular inspection was conducted by Kevin Antuna where item
6c (no paper towels at hand sink) was cited.
August 6, 2007: A regular inspection was conducted by Megan Townsend where
item 6c (no paper towels at hand sink) was cited again.
August 20, 2007: A First Notification of Non-Compliance was issued and signed for
by Linda Gray.
December 6, 2007: A regular inspection was conducted by Megan Townsend where
item 6c (no paper towels at hand sink) was cited a third time.
December 14, 2007: A Notification of Civil Penalty was issued and signed for by Jackie
Riley.
January 4, 2008: Megan Townsend called and spoke with Linda Gray on telephone
to inquire about payment of civil penalty. Linda said she did not
have the money to pay the civil penalty. Ms. Townsend informed
Ms. Gray that a hearing with the County Commissioners would be
scheduled if payment was not received. Ms. Gray said she would
like to appear before the Commissioners to argue her case.
March 4, 2008: Dan Joseph and Megan Townsend visited Linda Gray at Linda
Lou's and discussed the civil penalty. Ms. Gray confirmed her
request to attend a hearing before the County Commissioners.
Mr. Joseph verbally informed Ms. Gray that the hearing would be
on March 24, 2008, at 9:00 AM, and that the Department would
send a certified letter to the store with this information.
March 7, 2008: A Notification of Hearing was sent via certified mail to Linda
Lou's. As of March 19, 2008, this letter has not reached Linda
Lou's.
March 19, 2008: A Notification of Hearing was hand delivered to Linda Lou's by
Dan Joseph.
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