District Court Judge Todd Plewe has ruled that the town of Dolores erred in its action to close down the Rio Grande Southern Hotel in March 2015.
Plewe ruled that the notice served on owner Susie Sieber for code violations “was inadequate and failed to afford (her) procedural due process.”
He reversed the Town of Dolores Board of Appeals’ decision in May 2015 that upheld the town’s action to close the hotel because of code violations.
“It’s been a tough experience, and it made nine people homeless,” said owner Susie Sieber. “There were some electrical violations, but they were minor, and I had an electrician upgrade it all within a couple of days.”
After inspections in March by the town building inspector and state electrical engineer, the town decided to close the hotel, claiming that it presented a public safety hazard.
Tenants and Sieber were evicted on less than 24 hours notice. Locks were placed on the historic hotel by the sheriff’s office and town officials.
Sieber, who was away during the inspections, appealed the decision to the Town of Dolores Board of Appeals, which upheld the action. That decision was overturned by Plewe on June 13.
After the 2015 closure, Sieber hired an independent electrical inspection that concluded the violations didn’t warrant a closure. Officials removed the locks on April 16, 2015, and possession was returned to Sieber, who has resumed her lodging business.
In the 12-page ruling, Plewe wrote that while the appeals board decision upholding the town’s action to vacate and close the property is “supported by competent evidence,” proper notice was not given, making the action invalid.
The court found that the notice complies with the requirements of section 107.2 of the International Building Maintenance Code in all areas except the “statement of the violation or violations and why the notice is being issued.”
Plewe wrote that the notice attachments “fail to include any citation to a code or any specific code provision. Therefore, it is unknown what code(s) the Town is relying on or what specific sections of those code(s) have been violated, and likewise, how those violations could be corrected.”
The town is awaiting a decision on a motion to close the case, said town attorney Mike Green.
“The judge found that the notice should have been more specific, but that everything else was done properly,” he said.
Town manager Lana Hancock said once the case is closed she will get direction from the board on how to proceed.
