BOULDER, Colo. — A Boulder County District Court judge on Friday said residents can stay at a student building on University Hill while property owners address the City of Boulder's "safety violations."
On Monday, city officials shut down the Ash House, formerly known as the Marpa House, due to "safety violations," giving 60 University of Colorado Boulder students only hours to collect their belongings and leave.
In a letter given to residents, the city said the building located at 891 12th Street is "being closed immediately" and residents must "remove personal items that you will need for the foreseeable future." The city then issued a press release, claiming the property owners illegally constructed 15 additional bedrooms that did not meet city codes.
The property owners, 891 12th Street LLC, filed for a temporary restraining order, claiming they were "deprived the courtesy of a hearing and/or the due process afforded under city code."
A judge granted a TRO on Tuesday and scheduled a hearing for both sides to plead their case. The initial TRO was in effect until Oct. 1.
Boulder
Judge bars City of Boulder from further enforcing building closure
During a hearing on Friday, the judge heard arguments from city representatives and the property owners' legal team.
The city said it had no other choice but to evacuate the building after learning of the illegally constructed bedrooms. Representatives said city inspectors found concerns related to the fire alarm system, as well as electrical and mechanical work that had not been inspected.
While the judge acknowledged that the code violations were a concern, he said both the property owners and the city should have worked together to find students shelter instead of passing the buck to the university.
"I'm glad the judge mentions, you know, a few things about accountability for both sides and kind of taking a position, you know, like, 'What about the kids?'" said David Lopez, the parent of one of the students who lives at the building.
The judge on Friday extended the TRO until Oct. 8 and said the students can stay at Ash House while property owners fix the problems and bring the building up to code.
"I would absolutely not want my son to go back there. And I would probably not do business with that company moving forward," said Lopez.
Lopez said his son is already planning to move into a new apartment.
In a statement, the City of Boulder said the current conditions at the building "present an immediate life-safety risk to the people living there."
"While we are disappointed in today's outcome, the city will be complying with the court's ruling. We are, however, pleased that the property owners have acknowledged the life-safety issues at the property and have committed to restoring it to its approved conditions," the statement continues.
Full statement:
At their core, the city’s actions regarding Ash House building violations are about life-safety. We believe the current conditions at this building present an immediate life-safety risk to the people living there. While we are disappointed in today’s outcome, the city will be complying with the court’s ruling. We are, however, pleased that the property owners have acknowledged the life-safety issues at the property and have committed to restoring it to its approved condition.
We recognize how difficult this situation has been for the impacted students, but we cannot look the other way when we believe community members could be in danger. As an organization, we are committed to protecting the life-safety of these students, and all community members, and holding the property owners accountable. We are exploring all possible options at this point.
The city and property owners will come together again for a hearing at 9 a.m. on Oct. 8.
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