HomeMy WebLinkAboutSummons NonCompliance_Bulten-Erickson_061118.pdf TOWN OF VAIL
75 South Frontage Road West Housing Department
Vail, Colorado 81657 970.479.2139
EHU Compliance Report June 11, 2018
Property Owner(s): Jeffrey H. Bulten-Erickson
Address: 1100 N. Frontage Road Unit 2401 E
EHU Legal: Lion's Ridge 1st - Simba Run #2401 E
The above referenced property owner is subject to the Deed Restriction attached hereto for the above
referenced property and have not submitted their annual compliance affidavit. A Letter requesting the
affidavit be returned to the Housing Department was sent on December 29, 2017 (copy attached).
Certified letters with return receipt request were then sent by the Housing Department to all those,
who had not yet complied on April 5, 2018 (copy attached). A return receipt for the letter sent to the
above-reference property owner has not been received by the Housing Department, because it was
unclaimed at the Post Office by the addressee (copy of envelope with US Post Office actions noted is
attached). At this point there has been no further response nor any affidavit received, they are
therefore in violation of Section 12-13-3: GENERAL REQUIRMENT of the Town Code
subparagraph 4:
4. No later than February 1 of each year, the owner of an EHU shall submit a sworn affidavit on a
form provided by the town to the community development department containing the following
information:
a. Evidence to establish that the EHU has been occupied throughout the year by an employee;
b. The rental rate;
c. The employer; and
d. Evidence to demonstrate that at least one tenant residing in the EHU is an employee.
The Housing Department is therefore requesting that the Summons duly served to the property
owner, be processed by the Court for noncompliance with the Town Code as stated. It should also be
noted that said owner did not comply with the verification process in 2016 as well. If you have any
question or need further information, please contact Lynne Campbell, Town of Vail Housing
Coordinator at 970-479-2150 or Icampbell@vailgov.com.
TOWN OF VAIL ''
75 South Frontage Road West Community Development Department
Vail, Colorado 81657 970.479.2138
vailgov.com
December 29, 2017
Jeffrey H. Bulten-Erickson
1100 N. Frontage Road W., Unit 2401 E
Vail, CO 81657-2400
Re: Annual EHU Compliance located at 1100 N. Frontage Road Unit 2401 E, Parcel
#210312113082
Dear Mr. Jeffrey H. Bulten-Erickson,
The Town of Vail is working to ensure that Vail is the premiere international mountain
resort community. To this end, creating and maintaining employee housing within Vail is
one of the top priorities. Your help in addressing our housing needs by providing or
occupying an employee housing unit is greatly appreciated.
The deed restriction attached to your property includes this paragraph, or one similar:
"...each year, the owner of each employee housing unit within the Town...shall
submit...a form to be obtained from the Community Development Department, to the
Community Development Department of the Town of Vail...setting forth evidence
establishing that each tenant who resides within their employee housing unit is a full-
time employee in Eagle County."
If you are an owner of a rental EHU, please note that the form includes a space for your
tenant's contact information. Per Vail Town Council direction, a tenant's employment will
be verified separately. Forms that are returned without a tenant's mailing address and
phone number will not be accepted.
The goal of the Town is to verify that all of our existing employee housing units are
being utilized in a manner consistent with the intent and terms of their deed restriction.
The community has identified employee housing as one of our most critical issues.
Your time in completing the attached form will provide the Town with valuable
information. We request forms shall be returned by February 1, 2018.
Please complete the enclosed form and return it to:
Lynne Campbell, Housing Coordinator
Town of Vail
75 South Frontage Road West
Vail, Colorado 81657
Providing housing that is affordable has been an increasingly important goal of the
community. Effective in 2016 a new housing program began when the Town Council
appointed the Vail Local Housing Authority (VLHA) as the Town's agent to negotiate
and purchase deed restrictions in the Town. The 2027 Housing plan goal is to acquire
an additional 1,000 deed restricted units by the year 2027. Consequently the Vail
InDEED program was created to provide a cash incentive in exchange for a deed
restriction on a Vail residential property. See the enclosed flyer for additional details and
contact information.
Additionally, upcoming in 2018 the Town will implement an online employee housing
affidavit. This change is an effort to communicate more efficiently with employee
housing unit owners. Look forward to future communication on this topic by signing up
for VailMail, Housing Matters newsletter. (http://vailgov.us1.list-
manage.com/subscribe?u=920b988ede8a0ae5083077658&id=004fc60838)
Should you have any questions, please call me at (970) 479-2150 or email
Icampbell@vailgov.com. Thank you in advance for your cooperation.
Sincerely,
Lynne Campbell
Housing Coordinator
Town of Vail
Enclosure
Town of Vail Page 2
TOWN OF VAIN
75 South Frontage Road West Housing Department
Vail, Colorado 81657 970.479.2139
April 5, 2018
Jeffrey H. Bulten-Erickson
1100 N. Frontage Road W.
Unit 2401 E
Vail, CO 81657-2400
CERTIFIED MAIL-RETURN RECEIPT REQUESTED NO.
Re: Employee Housing Unit located at 1100 N. Frontage Road Unit 2401 E, Lion's
Ridge 1st - Simba Run #2401 E
Dear Mr. Jeffrey H. Bulten-Erickson:
One of the many functions of Code Enforcement is to provide for the enforcement of the
Town of Vail Municipal Code.
Please be advised that the above-described property may be in violation of the Town of
Vail Municipal Code, Section 12-13-3(4), which states:
"No later than February 1 of each year, the owner of each employee housing unit within
the Town which is constructed following the effective date of this Chapter shall submit
two (2) copies of a sworn affidavit on a form to be obtained from the Department of
Community Development, to the Department of Community Development setting forth
evidence establishing that the employee housing unit has been rented or owner
occupied throughout the year, the rental rate, the employer, and that each tenant who
resides within the employee housing unit is a full-time employee in Eagle County."
At this time, the Housing Department has yet to receive your response. You now have
until April 30, 2018, to respond to this mailing. Should you fail to return the form,
your unit will become subject to legal proceedings pursuant to Section 12-3-2 of the
Town of Vail Municipal Code. Summonses will be issued to all owners failing to
submit this form.
Please submit your form to:
Lynne Campbell, Coordinator
Housing Department
75 South Frontage Road
Vail CO 81657
Thank you in advance for your prompt attention to this matter.
Sincerely,
!�?v� - .
Lynne Campbell
Housing Coordinator
Enclosure
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PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions
Affidavit for 1100 N. Frontage Road Unit 2401 E , Lion's Ridge 1st - Simba Run #2401 E
Upon being duly cautioned and sworn, Jeffrey H. Bulten-Erickson, owner(s) or manager(s) ("Owner") of 1100 N.
Frontage Road Unit 2401 E, Vail, Colorado ("Property"), which contains an Employee Housing Unit ("EHU"), states as
follows:
that the EHU on the Property has been rented for months out of the last twelve for a monthly rental rate
of$
OR,
that the Owner is the full-time occupant of the EHU on the Property,
AND,
that the EHU on the Property is occupied by a full-time employee of an Eagle County business.
First Tenant's OR
Owner-Occupant's Name
Place(s) of Employment Hours per Week
Hours per Week
Second Tenant's OR
Owner-Occupant's Name
Place(s) of Employment Hours per Week
Hours per Week
(Information on additional tenants/owners may be added to the back of this form. If you are an owner-occupant with
renters, please include renter's information as well as your own on this form)
Further, affiant sayeth naught.
By: and
STATE OF
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 2017, by
Jeffrey H. Bulten-Erickson.
Witness my hand and official seal.
My commission expires:
Notary Public
Affidavit—mid and new (2)
99
,pp. 2/11 fo'''
,4
TYPE III EMPLOYEE HOUSING UNIT
RESTRICTIVE COVENANT
WHEREAS, 61fj7W//J /AVE c Dn/J /)..9,#i91/,'t is the owner of certain property("the
Owner")described as: !hl//T o? o/ 1 5/1784 /?d4/ 1 /1/20 A/D"(Th' ie0A/Ti9-dgPP,
V>9 it / GQ 1/6
("the Property");and
WHEREAS,the Owner wishes to place certain restrictions on the use of a unit or apartment
located on the Property for the benefit of the Owner and the Town of Vail,Colorado("the Town").
NOW, THEREFORE,the Owner does hereby impose, establish,acknowledge,declare for the .
benefit of all persons who may hereinafter purchase,or lease,or hold the subject land the following
restrictions, covenants, and conditions, all of which shall be deemed to run with the land and inure to the
benefit and be binding upon the Owner, its respective grantees, successors, and assigns.
6 1. Unit or Apartment 210/ ,containing-ILL square feet,is hereby restricted as a
Type III Employee Housing Unit (EHU)which must comply with all the provisions of Cn
CO
Sections 18.57.020, 18.57.030, and 18.57.060 of the Vail Municipal Code as amended. rii
.
2. The Type III Employee Housing Unit shall be leased to tenants who are full-time
employees who work in Eagle County. An EHU shall not be leased for a period less than
thirty consecutive days. For the purposes of this section, a full-time employee is one who
works an average of thirty hours each week.
3. A Type III EHU may be sold,transferred, or conveyed separately from other dwelling units
or Employee Housing Units that may be located on the same lot or within the same
building so long as it meets the following conditions:
a) It must be used by the owner of the EHIJ as a permanent residence. For the
purpose of this paragraph, a permanent residence shall mean the home or place
in which one's habitation is fixed and to which one,whenever he or she is absent,
has a present intention of returning after a departure or absence therefrom,
regardless of the duration of absence. In determining what is a permanent
residence,the Town staff shall take the following circumstances relating to the
owner of the residence into account:business pursuits, employment, income
OOHE _I It „ sources, residence for income or other tax purposes, age, marital status,
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Sara J . Fisher Eagle County Clerk & Recorder 16 . 00
residence of parents, spouse and children if any, location of personal and real
property, an motor vehicle registration.
b) If a Type III EHU is sold,transferred,or conveyed separately from the other
dwelling units and/or Type III Employee Housing Units in a multifamily structure it
is apart of,or from other dwelling units and/or Type III EHUs located on the same
lot,the Type III EHUs in the structure or on that lot shall be subject to all the
•
provision set forth in Section 18.57.020.
4. The Type III EHU shall not be divided into any form of timeshares, interval ownership, or
fractional fee ownership as those terms are defined in the Municipal Code of the Town of
Vail. •
5. No later than February 1 of each year,the owner of each employee housing unit within the,
town which is constructed following the effective date of this chapter shall submit two
copies of a report on a form to be obtained from the Community Development Department,
to the Community Development Department of the Town of Vail and Chairman of the Town
git
of Vail Housing Authority setting forth evidence establishing that the employee housing unit
has been rented throughout the year,the rental rate,the employer, and that each tenant
who resides within the employee housing unit is a full-time employee in Eagle County.
6. The owner of each EHU shall rent the unit at a monthly rental rate consistent with or lower
than those market rates prevalent for similar properties in the Town of Vail.
7. The Town of Vail Housing Authority will determine the market rate based on the study of
other units of comparable size, location,quality and amenities throughout the Town. The
market rate shall be based on an average of a minimum of five rental rates of comparable
units. If the unit is not rented and is not available at the market rate it shall be determined
to be in noncompliance. In addition to any other penalties and restrictions provided herein,
a unit found to be in noncompliance shall be subject to publication as determined by the
Housing Authority.
8. Thirty days prior to the transfer of a deed for a Type III EHU,the prospective purchaser
shall submit an application to the Community Development Department documenting that
the prospective purchaser meets the criteria set forth above and shall include an affidavit
affirming that he or she meets these criteria.
2
597947 B-701 P-959 08/U5/96 02 : 41P PG 2 we 3
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9. The provisions of these restrictive covenants may be enforced by the Owner and the
Town.
10. The conditions,restrictions,stipulations,and agreements contained herein shall not be
waived,abandoned,terminated,or amended except by the written consent of both the
•
Town of Vail and the Owner of the property.
• TOWN OF VAIL,a Colorado municipal corporation
By:
Bob McLaurin,Town Manager
• The foregoing instrument was acknowledged before me this a Lrrday ofJ I U l 1 .
i�t
N ry Public
. .. _ ltd
Anne E.Wright,Notary Public ,e.{
' "" s 6.17-1999
75 S.Frontage Road
My commission expires:
By: at. �� �•�1 .
Property Owners
The foregoing instrument was acknowledged before me this day of c� /,� /9 ?,6
4.
iIP
'Notary Public
.2111-111121$1 .41filaitu4a27, 1999
My 'tmraniision expires:
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597947 B-701 k'-959 08/05/96 02 :411 PG 3 OF 3
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