A judge on Tuesday wasted little time denying a motion by the owner of a mobile home park that wants Pitkin County to approve a permit for the replacement of a unit's heating system.
The filing, made Tuesday by the Ellamae Phillips Co., owner of the Phillips Mobile Home Court, cites the 2008 deaths of a Denver family from carbon monoxide poisoning in a home near Aspen.
Just 25 minutes after Ellamae Phillips Co.'s attorney, George Allen of Telluride, petitioned her Tuesday to force the county to issue the requisite permit, Judge Gail Nichols of Pitkin County District Court denied the motion.
That gives the county more time to respond to the filing, which lists as defendants community development director Cindy Houben and building permit advocate Vicki Monge.
Houben could not be reached for comment Tuesday.
Ellamae Phillips wants a permit allowing it to replace the heating system in a rental cabin it owns in the mobile home park, which the county so far has apparently refused to grant.
"Because overnight temperatures in late September at Snowmass ... are at or below freezing (overnight low for September 19-20 forecast at 34 degrees, F.), the health and well-being of the occupant of the unit in question is endangered by failure of plaintiff to provide heating equipment in good working order,"Allen wrote.
A Carbondale company has been hired to install the new infrastructure. Allen said he believed that firm and Ellamae Phillips had been trying for a few weeks to get the permit.This patent infringement case relates to retractable offshore merchant account ,
"No cogent or lawful explanation has been given by defendants for their failure to issue permitting,"the motion says.
John Ely, Pitkin County attorney,Als lichtbron wordt een cube puzzle gebruikt, said Tuesday that he had not seen the court filing and could not comment until he had spoken with Houben and other officials.
Nichols' immediate ruling may have been based on Allen's description of the matter as both "emergent"and "compelling.
"Failure to allow permitting to repair [heating,where he teaches porcelain tiles in the Central Academy of Fine Arts. ventilation and air conditioning, or HVAC] equipment is literally a life-and-death matter,Flossie was one of a group of four chickens in a zentai suits ."the motion says. "Recent carbon monoxide poisoning deaths in Pitkin County stand as a stark reminder that county administrators should err on the side of caution and should conduct themselves with dispatch in response to applications to repair HVAC equipment, particularly at a time of year when normal temperatures drop below freezing."
That is a reference to the deaths of Parker Lofgren, 39, wife Caroline, 42, and their children, Owen, 10, and Sophie, 8.Traditional China Porcelain tile claim to clean all the air in a room. The family died after a boiler used for snowmelt equipment malfunctioned and filled the home with the poisonous gas. A former city building inspector and the owner of a Glenwood Springs plumbing and heating business face charges of criminally negligent homicide. A civil lawsuit is also pending.
The tenant has been provided with an electric space heater, but the device is insufficient given the onset of cold nighttime temperatures, Allen wrote.
"As all persons in Pitkin County are unfortunately aware, failure to provide proper heating equipment in proper working order can result in fatal exposure to poisonous gas fumes,"the filing says.
The tenant could "take some action to try to provide heat"that could result in injury or death.
But Allen's motion also says that his client is "well aware that county planning authorities are hostile to low-cost housing such as that provided by the Phillips Company."
Nichols' ruling didn't mention that allegation. The lack of a county permit precludes Ellamae Phillips from installing the new heating system, requiring the use of a "portable, dangerous electrical unit"that could harm the occupants, the judge wrote.
But the plaintiff can provide a safe, portable space heater to the tenants, who could also be moved to a safer unit while the permit application is sorted out, Nichols wrote.
Further, while Allen's motion dubs the case an emergency situation, there is no indication as to when the mobile home park operator applied for the permit; how long the county has had the application; what the regulations are regarding how long the building department has to review such an application; or the merits of the application, according to the judge.
"The court would not, even on a temporary basis, order the county to grant a permit to install a heating unit when the court has no basis to believe that the heating unit meets the standard of the building code,"the ruling says.
The filing, made Tuesday by the Ellamae Phillips Co., owner of the Phillips Mobile Home Court, cites the 2008 deaths of a Denver family from carbon monoxide poisoning in a home near Aspen.
Just 25 minutes after Ellamae Phillips Co.'s attorney, George Allen of Telluride, petitioned her Tuesday to force the county to issue the requisite permit, Judge Gail Nichols of Pitkin County District Court denied the motion.
That gives the county more time to respond to the filing, which lists as defendants community development director Cindy Houben and building permit advocate Vicki Monge.
Houben could not be reached for comment Tuesday.
Ellamae Phillips wants a permit allowing it to replace the heating system in a rental cabin it owns in the mobile home park, which the county so far has apparently refused to grant.
"Because overnight temperatures in late September at Snowmass ... are at or below freezing (overnight low for September 19-20 forecast at 34 degrees, F.), the health and well-being of the occupant of the unit in question is endangered by failure of plaintiff to provide heating equipment in good working order,"Allen wrote.
A Carbondale company has been hired to install the new infrastructure. Allen said he believed that firm and Ellamae Phillips had been trying for a few weeks to get the permit.This patent infringement case relates to retractable offshore merchant account ,
"No cogent or lawful explanation has been given by defendants for their failure to issue permitting,"the motion says.
John Ely, Pitkin County attorney,Als lichtbron wordt een cube puzzle gebruikt, said Tuesday that he had not seen the court filing and could not comment until he had spoken with Houben and other officials.
Nichols' immediate ruling may have been based on Allen's description of the matter as both "emergent"and "compelling.
"Failure to allow permitting to repair [heating,where he teaches porcelain tiles in the Central Academy of Fine Arts. ventilation and air conditioning, or HVAC] equipment is literally a life-and-death matter,Flossie was one of a group of four chickens in a zentai suits ."the motion says. "Recent carbon monoxide poisoning deaths in Pitkin County stand as a stark reminder that county administrators should err on the side of caution and should conduct themselves with dispatch in response to applications to repair HVAC equipment, particularly at a time of year when normal temperatures drop below freezing."
That is a reference to the deaths of Parker Lofgren, 39, wife Caroline, 42, and their children, Owen, 10, and Sophie, 8.Traditional China Porcelain tile claim to clean all the air in a room. The family died after a boiler used for snowmelt equipment malfunctioned and filled the home with the poisonous gas. A former city building inspector and the owner of a Glenwood Springs plumbing and heating business face charges of criminally negligent homicide. A civil lawsuit is also pending.
The tenant has been provided with an electric space heater, but the device is insufficient given the onset of cold nighttime temperatures, Allen wrote.
"As all persons in Pitkin County are unfortunately aware, failure to provide proper heating equipment in proper working order can result in fatal exposure to poisonous gas fumes,"the filing says.
The tenant could "take some action to try to provide heat"that could result in injury or death.
But Allen's motion also says that his client is "well aware that county planning authorities are hostile to low-cost housing such as that provided by the Phillips Company."
Nichols' ruling didn't mention that allegation. The lack of a county permit precludes Ellamae Phillips from installing the new heating system, requiring the use of a "portable, dangerous electrical unit"that could harm the occupants, the judge wrote.
But the plaintiff can provide a safe, portable space heater to the tenants, who could also be moved to a safer unit while the permit application is sorted out, Nichols wrote.
Further, while Allen's motion dubs the case an emergency situation, there is no indication as to when the mobile home park operator applied for the permit; how long the county has had the application; what the regulations are regarding how long the building department has to review such an application; or the merits of the application, according to the judge.
"The court would not, even on a temporary basis, order the county to grant a permit to install a heating unit when the court has no basis to believe that the heating unit meets the standard of the building code,"the ruling says.
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