2-40-90 Merger of Platted Lots or Parcels

(b) Procedure

1. Prior to the merger of two (2) or more parcels of land for the purpose of eliminating interior lot lines, obsolete subdivisions, or otherwise, the County shall send notice of the County's intent to complete the merger to each owner of the affected parcels by certified mail. The notice shall also specify that each such owner may request a hearing on the proposed merger pursuant to subsection (2) below, and shall specify action to be taken by such owner to request such hearing, including, without limitation, the requirement that said owner shall request the hearing within one hundred twenty (120) days of the date the notice required by this subsection (1) is received by the owner.
2. Where each owner of an affected parcel has timely requested a hearing on the proposed merger satisfying the requirements of subsection (1), a public hearing on said merger shall be held before the Board of County Commissioners. The hearing shall be conducted for the purpose of allowing the Board to discuss with the owner of each affected parcel its reasons for proceeding with the merger and to give each owner the opportunity to submit any basis provided under law for challenging the merger. The hearing shall take place no sooner than ninety (90) days following the date of the notice required by subsection (1). Where the owner of each affected parcel does not timely request a hearing on the proposed merger satisfying the requirements of subsection (1), no hearing is required, and the affected parcels shall be merged in accordance with the requirements of this section.
3. Where a hearing has been duly requested pursuant to subsection (2), notice of the time, place, and manner of the hearing shall be provided to each owner of the affected parcels pursuant to Secs. 2-20-100(a)(1) and (4), and shall also be published in a newspaper pursuant to Secs. 2-20-100(a)(1) and (2).
4. No merger of parcels that is the subject of a hearing before the Board of County Commissioners shall be effective unless the owner of the parcels has given his, her, or its consent to the merger of said parcels; and the merger has been approved by a majority of the Board of County Commissioners.
5. Upon completion of any merger of parcels in accordance with the requirements of this section, the County shall file of record a notice of merger with the Pitkin County Clerk and Recorder of deeds, and such notice shall constitute prima facie evidence that all of the requirements of subsection (1), (2) and (3) have been satisfied.