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HomeMy WebLinkAbout20051663.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST SPORTS ZONE TAVERN 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, Sports Zone Tavern, 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 day of June 6, 2005, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS,Sports Zone Tavern was not present or represented at said hearing,although all parties were notified of said hearing by Department of Public Health and Environment staff,and WHEREAS,the Board of County Commissioners deems it advisable to refer said violation to the Weld County Attorney's Office for legal action, with an instruction for delay of action upon such referral until June 20, 2005, to allow adequate time for the property owner(s) to pay the required fee for a Food Service License. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that Sports Zone Tavern 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 June, 20 2005, to allow adequate time for the property owner(s)to pay the required fee for a Food Service License. 2005-1663 HL0032 l'(+ ; f9L; Pf, Oic 06 -ate �S' HEALTH VIOLATION - SPORTS ZONE TAVERN PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 6th day of June, A.D., 2005. iirinahuir BOARD OF COUNTY COMMISSIONERS INS; I . / )`� WELD COUNTY,Y,p�COLORADO •4� Wa-4111 `//G'2-+-/ ��ap ' i ,WA : �; William H. Jer , Chair C •nW, Clerk to the Board �-Nat.I;._7' /�� // e M. i e, Pro- em se Deputy Clerk to the/Board c i E. Lon APP A M: Rob asd�n n Atto ey ALLI U/ Glenn Vaad e Date of signature: 2005-1663 HL0032 a MEMORANDUM TO: BOARD OF COUNTY COMMISSONERS FROM: SARA EVANS, ENVIRONMENTAL HEALTH DATE: 6/3/2005 • S ZONE TAVERN, CIVIL PENALTY O COLORADO CC: Sports Zone Tavern, located at 1007 % Broad Street, Milliken, has failed to pay for a Retail Food Establishment License for 2005. The Department has contacted the establishment numerous times to notify them that they have failed to obtain a 2005 license (chronology attached). The Weld County Department of Public Health & 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. 2005-1663 Sports Zone Tavern, located at1007 1/2 Broad St, Milliken December 1,2004 Retail food Establishment License Renewal Application was sent to address specified in the establishment file. February 8,2005 A Notice of Violation—Failure to Obtain a Retail Food Establishment License was sent to the address specified in the establishment file. March 23,2005 Lori Siedelman attempted to contact owner Cynthia Moya at 356- 5201 and did not receive an answer. March 24,2005 Lori Siedelman called the above number and left a voice mail for Cynthia Moya. Lori also left a voice mail for Joe Leija, operator of Sports Zone Tavern. No response was received from either person. April 4,2005 A Notice of Civil Penalty—Failure to Obtain a Retail Food Establishment License letter was sent to the address specified in the establishment file. April 11, 2005 Certified letter send April 4, 2005 signed for& received. May 17, 2005 A Notice of Hearing & Civil Penalty Assessment, Failure to Obtain a Retail Food Establishment License letter was sent by Certified Mail to the address specified in the establishment file. The civil penalty amount was increased from $250 to $500 because this facility failed to pay for a 2004 Retail Food Service License until 6-7-04 May 20,2005 A Notice of Hearing & Civil Penalty Assessment, Failure to Obtain a Retail Food Establishment License letter was hand delivered to Marcelo Leija,manager of Zone Tavern. A routine inspection was also conducted on this date with one critical violation that is pending correction. To date,June 2,2004, payment has not been received by this office. Hello