HomeMy WebLinkAboutbocc.res.015.2024
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS (“BOCC”) OF
PITKIN COUNTY, COLORADO, AUTHORIZING THE USE OF FAX OR
ELECTRONIC MAIL TO SEND NOTICE OF BOARD OF EQUALIZATION
HEARINGS & DECISIONS AND NOTICE OF ABATEMENT HEARINGS
RESOLUTION NO. 015-2024
RECITALS
WHEREAS, Pursuant to Section 2.8.4 (Actions) of the Pitkin County Home Rule Charter
(“HRC”), all matters not required to be acted upon by ordinance or formal resolution may
be acted upon by informal resolution, and;
WHEREAS, Pursuant to C.R.S.39-1-113 if a hearing on a petition for abatement and refund
of taxes is required, the Board of County Commissioners shall provide at least seven days’
notice of the scheduled hearing to the person signing such petition and the taxpayer if the
taxpayer did not sign the petition. Notice shall be provided by sending to such person
through the United States mail notification of the date, time, and place of the hearing.
WHEREAS, Pursuant to C.R.S.39-8-107 the county board of equalization shall continue its
hearings from time to time until all petitions have been heard, but all such hearings shall be
concluded and decisions rendered thereon by the close of business on August 5 of that year;
except that, in a county that has made an election pursuant to section 39-5-122.7 (1), all
such hearings shall be concluded and decisions rendered thereon by the close of business on
November 1 of that year. Any decision shall be mailed to the petitioner within five business
days of the date on which such decision is rendered.
WHEREAS, Pursuant to C.R.S.39-8-106 upon receiving a petition, the county board of
equalization or its authorized agent shall note the filing of the petition, set a time for hearing
of said petition, and, notify the petitioner by mail of such time for hearing.
WHEREAS, Pursuant to C.R.S.39-1-113, C.R.S.39-8-106, and C.R.S.39-8-107, the board
of county commissioners may authorize by resolution a petitioner or a petitioner’s agent to
elect to receive the notice by fax or electronic mail at a phone number or electronic mail
address supplied by the petitioner or the petitioner’s agent. If no election is made by such
person, the Board of County Commissioners shall mail the required notice.
WHEREAS, the use of fax or electronic mail is hereby authorized for sending notice of
board of equalization hearings & decisions and abatement hearings, provided that a valid
email address is supplied by the petitioner or authorized agent; in absence of such, a mailed
notice shall be required.
WHEREAS, The BOCC finds that it is in the best interests of the citizens of Pitkin County
to approve this Resolution.
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Resolution No. 015-2024
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Pitkin County, Colorado that it hereby adopts a Resolution of the Board of County
Commissioners (“BOCC”) of Pitkin County, Colorado, AUTHORIZING the use of Fax or
Electronic Mail to send Notice of Board of Equalization Hearings & Decisions and Notice
of Abatement Hearings and authorizes the Chair to sign the Resolution and upon the
satisfaction of the County Attorney as to form, execute any other associated documents
necessary to complete this matter.
INTRODUCED, READ AND ADOPTED ON THE 27TH DAY OF MARCH, 2024.
ATTEST: BOARD OF COUNTY COMMISSIONERS
By _________________________ By: _____________________________
Sam Engen Greg Poschman, Chair
Clerk to the Board
Date: ______________
APPROVED AS TO FORM: MANAGER APPROVAL
___________________________ _________________________________
John Ely, County Attorney Jon Peacock, County Manager
Apr-04-2024