A judge in Boulder ordered the city and the owners of Ash House Apartments to find a solution to ensure that students evicted from the building have safe housing. The City of Boulder ordered the immediate evacuation on Monday after illegal work was discovered in 13 of the 16 units after the owners, 891 12th LLC, added a fourth bedroom to some apartments.

The city inspected the building after receiving a complaint from a tenant and found these unauthorized bedrooms in 13 of the 16 apartments.

The city argued that the unpermitted construction created dangerous conditions due to potential overcrowding and blockage of some sprinkler systems. The owners sought a temporary restraining order to prevent the city from enforcing the eviction order. The judge ruled that the order can remain in effect until noon on October 8, when another court date is scheduled between the owners and the city. This means that the Students who were allowed to stay in the building may continue to live there until this hearing.

The developer has agreed to complete the unpermitted work as quickly as possible and to work with the city to obtain the necessary permits. It is hoped that the work will be completed in two weeks.

The judge repeatedly referred to the students as “innocent victims” of the actions of both parties. He said both the building owners and the city should have made an effort to find housing or hotel rooms for the students rather than simply giving them a phone number for the CU Off Campus office.

During the hearing, the city expressed concern that students were in immediate danger because some rooms had no exit and it might be difficult to leave the building in an emergency, such as a fire.

The judge noted that the city did not follow proper procedure in issuing the evacuation order because it did not reference the relevant building codes and did not further explain the imminent danger.

He encouraged both parties to work out an agreement during the break, particularly regarding the accommodation of residents. The building owner’s attorney told the court that there was now room for all students who still have leases at Ash House to live there safely during the repairs, as a number of tenants had already terminated their leases. The city attorney argued that the building remained unsafe.

Although the court date was set for October, the judge strictly ordered both parties to continue mediation outside of court proceedings.

A CBS Colorado crew stopped by Ash House during the event, where some students were moving out and others said they were already in the process of finding alternative housing.

The City of Boulder released this statement on the court decision: At its core, the City’s actions regarding the building violations at Ash House are about protecting human life. We believe the current conditions in this building pose an imminent danger to the people who live there. While we are disappointed with today’s outcome, the City will comply with the court’s ruling. However, we are pleased that the property owners have acknowledged the life-threatening problems on the property and are committed to returning it to its permitted condition.

We know how difficult this situation has been for the students involved, but we cannot look away when we believe community members may be in danger. As an organization, we are committed to protecting the lives of these students and all community members and holding the property owners accountable. We are currently evaluating all possible options.