HomeMy WebLinkAbout20081793.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING AUTHORIZATION FOR THE WELD COUNTY
ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST EXPENDIO LAS
AMERICAS 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, Expendio Las Americas 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 25th day of June, 2008, 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 Expendio Las Americas 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 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 Expendio Las Americas 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.
2008-1793
HL0035
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HEALTH VIOLATIONS - EXPENDIO LAS AMERICAS
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 25th day of June, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ecIN,ATTEST: 14, ���",L
gai �.' �� Wi' 'am H. Jerke, Chair
Weld County Clerk to th j-o. r.
` t•
Robert D„Masden, Pro-Tem
BY: •ti •
Deputy Clerk the Board i
W' F. Garcia �
AP �3
David E. Long
ounty Attorney of- r
Douglas R emacher
Date of signature:
2008-1793
HL0035
rescirs , Memorandum
' TO: Board of County Commissioners
C. From: Dan Joseph
COLORADO DATE: 06/25/08
l_J �
SUBJECT: Expendio Las Americas
Expendio Las Americas, located at 415 Denver Avenue, in Fort Lupton, Colorado, has
failed to obtain a 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 the new owner. As of June 23, 2008, the Department has received the required paper
work (submitted the required paper work on June 16, 2008), but has not received any
license fees ($154.00). (*please note that this facility has been assessed $750 in civil
penalties- according to new owner, these were assessed while facility was under old
ownership)
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 licensing fees, and to direct the County Attorney to pursue
legal action to close the facility until such time the fees are paid.
2008-1793
Expendio Las Americas
Time Line
Dates of Inspections
July 26, 2007 (Regular)
January 25, 2008 (Regular)
February 13, 2008 (Follow-Up)
March 12, 2008 (Follow-Up)
April 2, 2008 (Follow-Up)
Certified Letters and Related Facility Information:
January 30, 2008: First Notification of Non-Compliance Retail Food Establishment
(Violations 6c and 9b)
February 1, 2008: A First Notification of Non-Compliance was signed for by Rosa
Orona.
February 15, 2008: Manual Orona makes payment for Expendio Las Americas License
(license still under Sandra Orona at that point). Front office staff
discusses change of ownership with Mr. Orona.
February 21, 2008: First Notification of Non-Compliance Retail Food Establishment
(Violations 2d, 3e, 4a, 11c)
March 14, 2008: Notice of Civil Penalty, First Notification of Non-Compliance and
Second Notification of Non-Compliance Retail Food
Establishment
(Violations 6c, 2f, 8b and 11c)
March 19, 2008: A Notice of Civil Penalty was signed for by Manuel Orona.
April 15, 2008: Second Notice of Civil Penalty, First Notification of Violation,
Second Notification of Violation, Third Notification of Violation
and Notice of Informal Hearing Retail Food Establishment Non-
Compliant (hearing time set for April 22, 2008- no one from
facility appears) related to violations 6c, 2d, 2f, 5c, 9a, 11c.
June 2, 2008: Hand deliver Failure to Obtain Retail Food Establishment Letter.
Facility is closed at time, so letter posted on front door.
June 5, 2008: Office staff discusses with Manuel Orona that he needs to
complete his change of ownership paperwork if he is the new
owner. Manuel states that he had already completed it, but staff
informs him that he has not completed it. (confused the state sales
tax license with the Retail Food Establishment License). He states
that his wife will come in and complete the required paper work on
June 6, 2008 or June 9, 2008.
June 16, 2008: The Department receives the required paper work in person
(Manuel Orona delivers it), however he does not pay for the
license at that time. He states that he will mail the payment.
June 20, 2008: The Department attempts to contact Manuel Orona by phone at
numbers listed. No answer and message left concerning whether
the payment had been mailed.
June 21, 2008: The Department attempts to contact Mr. Orona by phone and again
has to leave a message.
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