HomeMy WebLinkAbout20061179.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING AUTHORIZATION FOR THE WELD COUNTY
ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST BUFFALO SPIRIT CAFE
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, Buffalo Spirit Cafe 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, at which time
the Board deemed it advisable to continue the matter to April 17, 2006, at 9:00 a.m., to allow time
for the operator come to an agreement with staff, and
WHEREAS, on the 17th 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, at which time
the Board deemed it advisable to continue the matter to April 24, 2006, at 9:00 a.m., to allow time
for the operator come to an agreement with staff, and
WHEREAS, at said hearing on April 24, 2006, Debra Eaves, Buffalo Spirit Cafe, was
present, and
WHEREAS, at said hearing on April 24, 2006, the Board of County Commissioners
determined the property owner has surrendered her 2006 license to the Department of Public
Health and Environment and deemed it advisable to dismiss the matter.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that any legal action against Buffalo Spirit Cafe be, and hereby is, dismissed.
2006-1179
Or '. (-ft� apt_ HL0033
ps-vcs-o4c,
HEALTH VIOLATION - BUFFALO SPIRIT CAFE
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 24th day of Aril, A.D., 2006.
Ells C ARD OF COUNTY COMMISSIONERS
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ATTEST: 1244/
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Weld County Clerk to the Boar\ c
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BY: David E. Lon Pro-Tem
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D ty Clerk to the Board .,
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Robe D. Masden �\n
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Glenn Vaad
Date of signature: ()/3/0(c)
2006-1179
HL0033
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ettkap, Memorandum � �
ITO: Board of County Commissioners
C. From: Dan Joseph
COLORADO DATE: 04/05/2006
SUBJECT: Buffalo Spirit, Failure to pay Civil Penalty
Assessment
Buffalo Spirit Cafe, located at 1760 Broad Street Unit A, Milliken, 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.
2006-1094
Buffalo Spirit Cafe, 1760 Broad Street Unit A, Milliken, 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 a manager 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. The letter was delivered to an
address in Greeley (which was different than what the letter was
addressed), so to ensure receipt of the letter, it was hand delivered
by Debra Adamson on March 29, 2006.
March 30, 2006: Debra Eaves, owner, pays for her license fee but not the civil
penalty. It is explained to Mrs. Eaves by Cindi Salazar, office
supervisor, and Dan Joseph, Environmental Health Specialist, that
failure to pay the civil penalty will result in a hearing in front of
the Board of County Commissioners. A Notification of Hearing
letter is hand delivered to Mrs. Eaves at the time of visit.
Note: Mrs. Eaves previously owned the No Name Diner, which on
February 7, 2005 was sent a 2°°Notification of Violation for
Failure to Obtain a Retail Food Establishment License.
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