HomeMy WebLinkAbout20061095.tiff RESOLUTION
RE: ACTION OF THE BOARDCONCERNINGAUTHORIZATIONFOR THE WELD COUNTY
ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST D AND H FARMS 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,D and H Farms 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,at said hearing on April 10,2006,the Board deemed it advisable to continue the
matter to April 17, 2006, at 9:00 a.m.,to allow time for the operator to work with staff regarding the
issue, and
WHEREAS,at said hearing on April 17,2006, Department of Public Health and Environment
staff reported the matter has been resolved.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the violation against D and H Farms be, and hereby is, dismissed.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 17th day of April, A.D., 2006.
lry�,�� BOARD OF COUNTY COMMISSIONERS
��, ,�"v" WELD COU NTY, COLORADO
ATTEST: '�yta,[�d yJ
J ile, Chair
Weld County Clerk to the Boar��`
— ` .�� ►` /�'� David E. Long, Pro-Tem
Clerk to t r i6•�(' ='ms's �� i l/
Willi H. Jerke
AP V AS TO v ��
� � Robert D. Mas en
.unty Attorney l
Glenn -
Date of signature: a/%7-06
2006-1095
��. /`/L Oat. HL0033
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Memorandum
I C. TO: Board of County Commissioners
From: Dan Joseph
COLORADO DATE: 04/05/2006
SUBJECT: D & H Farms, Failure to Renew Retail Food
Establishment License and Failure to pay
Civil Penalty Assessment
D& H Farms, located at 41373 Highway 85, Ault, Colorado, has paid for their 2006 Retail
Food Establishment License, however, they did not pay the civil penalty that was assessed
by the Department in a certified letter dated March 8, 2006 and hand delivered on March
29,2006.
The Department has contacted the establishment numerous times to notify them that they
had failed to obtain a 2006 license, and have failed to pay the civil penalty assessment
(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.
2006-1095
D & H Farms, located at 41373 Highway 85, Ault, 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 Cerrillo, office technician, left a message, on the phone
number stated in the establishment file, stating that a civil penalty
would be assessed if payment for the license was not received by
end of Monday March 6, 2006.
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. Letter was signed for by Deb
Newson 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 delivered on April 5, 2006 (at time of writing, card with
signature information had not been received).
April 4, 2006: Cindy Salazar, office supervisor, contacted Deb Newson with D &
H Farms and she stated that she would pay the $55.00 license fee,
but would not pay the $250 civil penalty fee. Cindy explained that
she would be required to go in front of the Board of County
Commissioners to state her case.
April 5, 2006: Deb Newson pays for license fee but opts not to pay for civil
penalty. She is informed that a hearing will still be held.
Note: February 7, 2005, the establishment received a 2"d Notice of
Violation for Failure to Renew a Retail Food Establishment
License.
March 1, 2004, the establishment received a Final Notice,
Notification of Violation for Failure to Renew a Retail Food
Establishment License.
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