HomeMy WebLinkAbout20072097.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH
LEGAL ACTION AGAINST SANDY'S CATERING, MOBILE RETAIL FOOD
ESTABLISHMENT, 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,Sandy's Catering,Mobile Retail Food Establishment,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 23rd day of July, 2007, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS,Juan Balcazar, a representative of Sandy's Catering, was present at said
hearing, and
WHEREAS,the Board of County Commissioners deems it advisable to assess a civil
penalty of$500.00 and to refer said violation to the Weld County Attorney's Office for legal action,
with an instruction for delay of action upon such referral until August 25, 2007, to allow adequate
time for the submittal and approval of a Retail Food Establishment License.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that Sandy's Catering, Mobile Retail Food Establishment, be, and hereby is,
assessed a civil penalty of$500.00 and is referred to the Weld County Attorney's Office for legal
action against 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,with an instruction fordelay of action
upon such referral until August 25, 2007.
2007-2097
HL0034
eo tic C QS) OFs/t5(G1
HEALTH VIOLATION - SANDY'S CATERING, MOBILE RETAIL FOOD ESTABLISHMENT
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 23rd day of July, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
�,!~ ET*
\ WELD COUNTY, COLORADO zg
ATTEST: -` EXCUSED
,
1161 �� ''r , t_ _-David E. Long, Chair
Weld County Clerk to the q•a
r tit: 'EXCUSED
/ •�'.;�� .e�� Wilflamtt J Tem
BY: an
D , ty Cle to the Boa (Y
OH
Willia a
AP ED •
Robert D. Masden, Acting Chair Pro-Tem
unty Attorney "^P d(
Douglas demacher
qhDate of signature: �b�
2007-2097
HL0034
Memorandum
WI I gTO: Board of County Commissioners, County Attorney
�. From: Dan Joseph
COLORADO DATE: 07/09/07
SUBJECT: Sandy's Catering-Unlicensed Mobile Retail
Food Establishment
Sandy's Catering, Mobile Retail Food Establishment, located in Greeley, Colorado, has
failed to pay for a Retail Food Establishment Licenses for 2007. In addition, they informed
our staff that they would no longer be in operation and that we could cancel their licenses
(had 2 units in operation in 2006).
In May 2007,Dan Joseph, Environmental Health Specialist, conducted an inspection of
Sandy's Catering Unit#1 and determined them to be operating without a valid Retail Food
Establishment License. In June 2007, Dan Joseph, again observed the Sandy's Catering
Unit #1 in operation and at that time also observed Sandy's Catering Unit#2 in operation.
Over the last 3 years the Department has had many communications with the owners about
licensing, and compliance, but have found them operating without licensed units on many
occasions (see attached time lines).
The Weld County Department of Public Health and Environment is recommending that
the Board of County Commissioners direct the County Attorneys office to pursue legal
action against the facility to recover all assessed civil penalties and 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 and employee review time).
2007-2097
Letters issued to Juan Balcazar and Eva Huacachi
(Sandy's Catering)
February 7, 2005: Notification of Violation Failure to Renew Retail Food
Establishment License
July 25, 2005: Notification of Violation Failure to obtain a Retail Food Service
Establishment License and a Retail Food Service Establishment
selling or serving food prepared in a private home (issue 3 letters
on this day for the 3 different units that they were operating)
August 8, 2005: Notification of Civil Penalty Assesment Failure to Obtain a Retail
Food Service License
August 25, 2005: Follow up letter to an in house meeting with Mr. Balcazar and
Mrs. Huacachi about selling food from 2 unlicensed vehicles
June 20, 2006: Notification of Violation and Civil Penalty a Retail Food Service
Establishment selling or serving food prepared in a private home
July 18,2006: Compliance Agreement Record signed by Eva Huacachi concerning
use of a commissary
October 27, 2006: Notification of Non-compliance for a Repeat Violation.
May 31, 2007: Notification of Civil Penalty Assessment Failure to Obtain a Retail
Food Establishment License
July 3, 2007: Notification of Civil Penalty Assessment Failure to Obtain a Retail
Food Establishment License- 1"Civil Penalty vehicle with license
#449-AMA, and 2"d Civil Penalty for vehicle with license plate#409-
NKD
July 9,2007: Notification of Hearing Failure to Obtain a Retail Food Establishment
License is hand delivered to both owners (Eva Huacachi and Juan
Balcazar)
Sandy's Catering Time Line
March 9,2004: Weld County Department of Public Health and Environment received a
complaint that operators of a mobile unit were dumping grease down the gutters and preparing
food in their home.
March 23,2004: Dan Parkos and Lori Siedelman had a meeting with Juan Balcazar and Eva
Huacachi to discuss licensing of Sandy's Catering. Unit was found to be operating without a
valid Retail Food Establishment License. At this time it was stated that red Dodge pickup truck
(#449-AMA)was used only for storage and would not be used for selling food product.
June 18,2004: License obtained for Sandy's Catering unit. At that time it was stated that La
Espiga Dorada would be the commissary for the mobile unit.
July 12,2005: Received complaint about food being sold out of home at 103 North 54th Avenue.
July 15th through 19th: In response to a complaint, Scott McGuire,with City of Greeley Code
Enforcement, visited the home address on these dates and observed food being loaded into a red
pickup and then followed vehicle to Wholesale Food Outlet, were he witnessed food being loaded
from pickup into the licensed unit and into the unlicensed units.
July 19,2005: Dan Joseph with the Weld County Department of Public Health and Environment
observed food being loaded into pick up truck at residence. Followed truck to Wholesale Foods
parking lot where mobile unit was located and observed food being loaded into a licensed mobile
unit(Sandy's Catering)and an unlicensed unit(Colorado Vehicle#133-JBF). Dan followed
unlicensed unit and found Juan Balcazar to be selling food to the public. (Juan Balcazar has
stated that Vehicle#133-JBF has not been used since this time).
July 25,2005: The Weld County Department of Public Health and Environment,mailed three
certified letters of Notification of Violation Failure to Obtain a Retail Food Establishment
License and a Retail Food Service Establishment Selling or Serving Food Prepared in a Private
Home(one for each of the following: Sandy's Catering, Vehicle#449-AMA and Vehicle #133-
JBF). The letters were received on July 30, 2005 and signed for by Eva Huacachi.
August 3,2005: Dan Joseph conducted a regular inspection on Sandy's Catering. During the
inspection, Dan Joseph witnessed potentially hazardous items being placed in the vehicle with
license plate number 449-AMA. Dan Joseph had Juan Balcazar return to the Weld County
Department of Public Health and Environment where Silvia Cerrillo translated the inspection, and
again told Juan Balcazar that he needed to obtain a Retail Food Establishment License. Juan
Balcazar was given a license application packet at time of visit.
August 4,2005: Dan Joseph and Deb Adamson(Deb is bi-lingual), conducted a follow up
inspection of Sandy's Catering, at which time it was noted that potentially hazardous items were
being loaded into the vehicle with license plate number 449-AMA. Deb Adamson once again
told Juan Balcazar that he needed to obtain a Retail Food Establishment License to sell
potentially hazardous food products.
August 8,2005: Dan Joseph and Deb Adamson,visited commissary on file and commissary that
Juan Balcazar stated that he was using. La Espiga Dorada,the commissary on file, stated that
Juan visits the facility every day to wash dishes, dump dirty water and obtain clean water for
Sandy's Catering. This contradicts statement made by Juan Balcazar, in which he stated that he
obtains his water, dumps dirty water and washes dishes at Carniceria La Providencia. The owner
of Carniceria La Providencia stated that Mr. Balcazar does not use his facility.
August 11,2005: Certified letter dated August 8, 2005, mailed to Juan Balcazar for failure to
obtain Retail Food Establishment License. Letter was for a civil penalty of$250. Letter was
received August 20,2005.
August 11,2005: Dan Joseph observed food being loaded into vehicle#449-AMA.
August 15,2005: Dan Joseph visited Wholesale food outlet(where unit is parked)and saw
vehicle#449-AMA being loaded with food product.
August 19,2005: Silvia Cerrillo, following up on the commissary information as requested per
Dan Joseph found the following: After further discussions with Jose Alvarado, owner of La
Espiga Dorada(commissary on file for Sandy's Catering), it was determined that Juan Balcazar
had not been visiting the facility and has not been parking his vehicle there either,as stated earlier
by Juan Balcazar. It is unknown at this time where Juan Balcazar is prepping his food product,
but based on earlier observations it is very likely that he is preparing items from his home.
February 12,2007: Marcella Swain contacted Eva Huacachi, owner of Sandy's Catering Unit I
and Unit 2, and was told to close out the food licenses as they would be selling the trucks and not
be selling food in the future.
May 17,2007: Dan Joseph observes the unit to be selling potentially hazardous food product.
Dan asks Juan Balcazar and Eva Huacachi if they have obtained a Retail Food Establishment
License and they state that they have not obtained a license.
May 31,2007: Civil Penalty issued to Juan Balcazar and Eva Huacachi for failure to obtain a
Retail Food Establishment License.
June 21,2007: Juan Balcazar comes to the Weld County Department of Public Health and
Environment to obtain a license, but does not have the correct paper work and does not have the
payment for the Civil Penalty assessment.
June 29,2007: Dan Joseph observes both of Mr. Balcazar and Eva Huacachi mobile retail food
establishments in operation.
July 3,2007: Civil penalty issued to Juan Balcazar and Eva Huacachi for failure to obtain a
Retail Food Establishment License. (1st Civil Penalty for vehicle with license plate#449-AMA
and 2nd Civil Penalty for vehicle with license plate#409-NKD)
July 9,2007: Dan Joseph hand delivers a Notification of Hearing Failure to Obtain a Retail Food
Establishment License and discusses it in person with both Juan Balcazar and Eva Huacachi
(owners). At that point they state they are going to obtain a license in Larimer County.
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