BOULDER, Colo. — Dozens of University of Colorado Boulder students are allowed to return to their apartments on University Hill after a judge on Tuesday ordered the city of Boulder to cease enforcement of a notice of closure that was issued Monday.
The Ash House at 891 12th Street was issued a notice of closure on Monday following the city discovering that the property owners, 891 12th St LLC, created additional bedrooms without city approval. Now, the units don't meet code and life-safety requirements, the city said.
Attorneys for the property owner said on Monday, Boulder City officials provided the owners a four-minute notice that they were forcing residents out of the apartments.
The judge's court order temporarily stopped the notice of closure. The order said the city provided no advance notice and residents only had hours to comply before dark Monday.
The order from the judge states that Boulder may still apply to the court to have the students removed from the property again.
"We’re shocked that the City of Boulder forced dozens of University students out of their homes with hours’ notice last night, when there was no imminent or demonstrable risk to life or safety," said Rob O’Dea, spokesman for the property owners. "For the sake of all our residents and concerned parents, we hope the City will choose to keep students in their homes as we work with the City toward a resolution.”
According to a news release on Wednesday, after the judge issued the temporary court order, the city requested an expedited review of the court order that prevents them from enforcing the closure of the Ash House. This motion will be heard in the Boulder County District Court at 10 a.m. Friday.
A spokesperson from the city of Boulder confirmed the city can't do any additional enforcement while the order remains active.
Students who live at the Ash House were notified of the closure early Monday afternoon and were given hours to evacuate the property. The closure would've temporarily displaced 60 students, and at least 13 of those students would've need to find new permanent housing.
"There was someone from the city of Boulder at the apartment putting up red signs saying everyone is being kicked out," Paul Hartigan, parent of a CU Boulder student, said Monday. "The sign says 'unsafe' [and] basically being told they had to be out by 6 p.m.”
"Due to safety violations this building is being closed immediately," the notice read. "Please remove personal items that you will need for the foreseeable future as access will be restricted going forward. Residents of all legally established bedroom areas will be allowed to return after the safety violations are resolved."
Julie Shellhorn, another parent, said 60 students were outside the apartment building with their belongings Monday evening. Many students didn't know what to do with the quick notice of them having to move out by 8:30 a.m. Tuesday, according to Shellhorn. She said her son's roommate and other students didn't have help to remove their belongings since they're from out of state.
In a statement Monday evening, the property owners said they were notified of the order at 1:41 p.m. Monday.
"Four minutes later, the City began informing tenants that they needed to leave, without any explanation as to where they should go or when they could come back," the statement said. "This action came on the heels of a single, forty-minute inspection a week ago during which two City officials counted bedrooms and provided no additional feedback, comment, or question. Owners have yet to learn why the City has taken such extreme measures and are surprised and dismayed they have been deprived the courtesy of a hearing and/or the due process afforded under City Code."
The statement said Monday evening, "owners petitioned the Boulder County District Court for an emergency Temporary Restraining Order to prevent the City from enforcing the move-out order and displacing residents with no plan for alternative living arrangements."
"The City could have communicated its concerns with owners and worked toward a resolution," the statement said. "Owners remain open to doing just that."
According to the city, the building, also known as the Marpa House, was approved over a year ago for residential use with the goal of being used for student housing. The property owners converted the building into 16 three-bedroom units last school year, which the city approved. Each unit was required to meet current building code for all living spaces.
The city said based on applications that were submitted and approved, 48 students would live in the building. During the primary construction, Boulder addressed multiple zoning violations and issued parking warnings, but each one was resolved by the owners, the city said.
Last week, the city's Code Compliance Division was made aware through a tenant complaint that 15 new bedrooms were built. The new bedrooms were constructed without building and electrical permits, land use approval and life-safety inspections, the city said.
According to the city, the new bedrooms came days after building inspectors had inspected the initial construction. Thirteen of the 15 bedrooms were occupied, the city said.
The city said there is no scenario where they would approve a fourth bedroom be added to each unit under current code or zoning.