HomeMy WebLinkAbout20061032.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH
LEGAL ACTION AGAINST HAPPINESS IS A VIENNA HOT DOG CART 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,Happiness Is AVienna Hot Dog Cart 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, Judith Nashlund, 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 for with an instruction for delay of action upon such referral until
December 31,2006,to allow adequate time for the property owner(s)to pay the required assessed
civil penalty fee through a payment plan.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that Happiness Is a Vienna Hot Dog Cart be, and hereby is, referred to the Weld
County Attorney's Office for legal action 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 December 31,2006,to allow adequate time for the property owner(s)to pay
the assessed civil penalty fee.
2006-1032
HL0033
PO 141--, 03--0,42 —OG
HEALTH VIOLATION - HAPPINESS IS A VIENNA HOT DOG CART
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 C TY, COLORADO
ATTEST: /� / tea,✓L"� M. J. ile, Chair
Weld County Clerk to the Board
fj,
a David . Long, Pro-Tem
B heputy Clerk to the`p� �(' '�• �� 'l��i.
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Jerke
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Robed DASTOF� ' �i, ,Q` j
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Date of signature: 0v-/O- 6;
2006-1032
HL0033
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Memorandum
Wilk TO: Board of County Commissioners
From: Dan Joseph
COLORADO DATE: 04/06/2006
SUBJECT: Background for License Renewal Hearing
for Retail Food Establishments
Background:
Weld County has 759 licensed Retail Food Establishments.
As of today, 751 establishments have paid for their 2006 Retail Food Establishment
Licenses,with 11 of those who have also paid their assessed civil penalties for a total of
$3,500.
There are 4 Retail Food Establishments that have paid for their license, but that have not
paid for the civil penalty that was assessed. There are also 4 Retail Food Establishments
that have not paid for either their retail food establishment license or the civil penalty that
was assessed. See list below for specific establishment information.
Establishments that have paid for license but not civil penalty:
1) Happiness is a Vienna Hot Dog Cart
2) Locker Room
3) Buffalo Spirit Café
4) D & H Farms
Establishments that have not paid for either license fee or civil penalty:
1) Jimmy John's Gourmet Sandwich
2) Lonchera Don Polo
3) Saxby's Coffee
4) The Squeeze Box
reste,,- „,
Memorandum
"Inge TO: Board of County Commissioners
From: Dan Joseph
COLORADO DATE: 04/05/2006
SUBJECT: Happiness is a Vienna Hot Dog Cart,
Failure to pay Civil Penalty Assessment
Happiness is a Vienna Hot Dog Cart, mobile Retail Food Establishment, Weld County,
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.
Happiness is a Vienna Hot Dog Cart, Mobile Retail Food Establishment,
Weld County, 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, contacted Judith Nashlund,
owner, and stated that a civil penalty would be assessed if payment
of the Retail Food Establishment license was not received by the
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 on March
22, 2006 by Judith Nashlund.
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 on April 3, 2006 by Judith Nashlund.
April 3, 2006: Judy Nashlund pays for license fee, but elects to not pay the civil
penalty. Mrs. Nashlund is informed that a license will not be
issued until civil penalty is received, and that the hearing on April
10, 2006 will proceed.
Note: February 7, 2005, the establishment received a 2nd Notice of
Violation for Failure to Renew a Retail Food Establishment
License.
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