HomeMy WebLinkAbout20061033.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH
LEGAL ACTION AGAINST THE LOCKER ROOM 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,The Locker Room, 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,Dan Esquivel, owner, was present at said hearing, and
WHEREAS,the Board of County Commissioners deems it advisable to refer said violation
to the Weld County Attorney's Office 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 assessed civil
penalty fee.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that The Locker Room 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 assessed civil penalty fee.
2006-1033
HL0033
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HEALTH VIOLATION - THE LOCKER ROOM
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
WELD COU , COLORADO
ATTEST: �'_�O�ri// NAY
" "ff ��``'' M. ei e, Chair
Weld County Clerk to the B•�;.�'���
` AYE
//�✓�l� �David E. Long, Pro-Tem
BY: �r:..,•��%
Deputy Clerk to the oa . ? = — r l AYE
fz? ♦ WIII'amH. Jerce
APP D AS TO F�-' ��' ° t° p ' ei^, �� J V\VL_- (AYE)
Rob rt D. Mas en
C. - ty „orney 4-1G,t4,/,( 1/44 (AYE)
Glenn Vaad -
Date of signature: ®Y�O/o%i
2006-1033
HL0033
iii-t ‘--- ,
Memorandum
WII C TO: Board of County Commissioners
From: Dan Joseph
COLORADO• DATE: 04/05/2006
SUBJECT: Locker Room, Failure to pay Civil Penalty
Assessment
The Locker Room, located at 905 Railroad Street, Gilcrest, 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.
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.
2006-1033
Locker Room, located at 905 Railroad Street, Gilcrest, 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 Daniel
Esquivel, owner, on March 15, 2006.
March 10, 2006: Dan Esquivel pays for the Retail Food Establishment License, but
elects not to pay for the civil penalty that was assessed.
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. Letter was
signed for by Dan Esquivel on April 3, 2006.
April 4, 2006: Cindy Salazar, office supervisor, called and left a message, with
the phone number specified in the establishment file, explaining
what the failure to pay for the civil penalty would mean.
Note: February 7, 2005, the establishment received a 2n°Notice of
Violation for Failure to Obtain a Retail Food Establishment
License.
April 4, 2003, the establishment was assessed a Civil Penalty for
Failure to Obtain a Retail Food Establishment License. Daniel
Esquivel, owner, paid the civil penalty before the hearing that had
been scheduled.
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