HomeMy WebLinkAbout20061038.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH
LEGAL ACTION AGAINST SAXBY'S COFFEE 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,Saxby's Coffee is allegedly in violation of the Weld County Code, 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 10th day of April, 2006, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS,Saxby's Coffee was represented by Scott Zern at said hearing, and
WHEREAS,the Board of County Commissioners deems it advisable to refer said violation
to the Weld County Attorney's Office for with an instruction for delay of action upon such referral
until May 10, 2006, to allow adequate time for the property owner(s) to pay the required fee for a
Food Service License and assessed civil penalty fee.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that Saxby's Coffee be, and hereby is, referred to the Weld County Attorney's
Office for legal action against to remedy the violation of the Weld County Code, 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 for delay of action
upon such referral until May 10, 2006, to allow adequate time for the property owner(s)to pay the
required fee for a Food Service License and assessed civil penalty fee.
2006-1038
HL0033
(, 0 �/i OL, Oc _o, vIv
HEALTH VIOLATION - SAXBY'S COFFEE
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 10th day of April, A.D., 2006.
BOARD OF COUNTY COMMISSIONERS
1 �� ��� WELD COUN , COLORADO
ld4 ATTEST: 12
M. J. ile, Chair
Weld County Clerk to the B.
E
� , Za David E. Long, Pro-Tem
Deputy Clerk tot B :I lb
�� Will m Jerke
AP" • ' . ASTOF. ,)
/ Roll'b�2 D. Masderj
bounty Attorney / /eAAA (
Glenn Vaad�
Date of signature: 0e /O-6 -
2006-1038
HL0033
iit-i4,-.
Memorandum
WI I
TO: Board of County Commissioners
From: Dan Joseph
COLORADO• DATE: 04/05/2006
SUBJECT: Saxby's Coffee, Failure to Renew Retail
Food Establishment License and Failure to
pay Civil Penalty Assessment
Saxby's Coffee, located at 1530 Main Street Unit A, Windsor, Colorado, has failed to pay
for a Retail Food Establishment License for 2006.
The Department has contacted the establishment numerous times to notify them that they
have failed to obtain a 2006 license (chronology attached).
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 license fee and penalty, or to close the facility.
2006-1038
Saxby's Coffee, 1530 Main Street Unit A, Windsor, Colorado
December 1, 2005: Retail Food Establishment License Renewal Application was sent
to the address specified in the establishment file.
February 1, 2006: Notification of Violation for Failure to Obtain a Retail Food
Establishment License was sent to the address specified in the
establishment file.
March 2, 2006: Silvia Garcia, office technician, attempts to contact the
establishment by phone but the number listed in the establishment
file had been disconnected.
March 8, 2006: Notice of Civil Penalty Assessment for Failure to Obtain a Retail
Food Establishment License was sent Certified Mail to the address
specified in the establishment file. The letter was signed for by
Annabel Williams on March 11, 2006.
March 29, 2006: Notice of Hearing for Failure to Pay a Retail Food Establishment
License and Civil Penalty Assessment by the Weld County
Department of Public Health and Environment was sent Certified
Mail to the address specified in the establishment file. The letter
was signed for by Ian Little on April 1, 2006.
April 5, 2006: Debra Adamson, Environmental Health Specialist, visits facility to
discuss hearing letter with owners. The establishment is schedule
to undergo a change of ownership towards the end of April, but the
current owner has been operating since January 1, 2006. Debra
explained that a license still had to be obtained for the current
owner, even though it is going to change ownership in April.
Note: February 7, 2005, the establishment received a 2"d Notice of
Violation for Failure to Renew a Retail Food Establishment
License.
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