[Amended 2-7-2000 by Ord. No. 440]
Actions before the Planning Commission acting
as a Board of Adjustments and Appeals shall be initiated by a petition
filed with the Codes Administrator stating the name and post office
address of the petitioner, the order, requirement, decision or determination
appealed from or the variance requested and stating the grounds and
reasons why the petitioner believes the petition should be granted.
If the appeal is from an order requiring an act to be done within
a certain time, the petition must be filed within such time.
[Amended 5-7-2018 by Ord.
No. 499]
After the petition has been filed, a hearing
shall be held on the petition within 45 days after filing. Written
notice of the date and time of hearing shall be mailed to the petitioner,
to the City Attorney of Breckenridge and in cases where a decision
of a department head or official of the City is being appealed from,
to such department head or official at least 10 days prior to such
hearing, unless notice is waived. Any appearance by the petitioner
or any other person at such hearing without objecting to the notice
shall be deemed a waiver of notice. If the petitioner requests a building
permit to build on a location prohibited by an official map, the notice
shall also be published once in the official newspaper for the City
and a copy delivered or mailed to the City Administrator or his/her
designee who shall bring the matter before the Council, which said
notice shall be published and delivered at least 10 days prior to
such hearing.
Within 15 days after said resolution of the
City Council has been served upon the petitioner by mail, the petitioner
may by appropriate legal process appeal to the District Court. Such
legal process must be served upon the City within 15 days following
the service of said resolution upon the petitioner. Such appeal may
be made on the grounds that the decision is contrary to law, or arbitrary
and capricious, or unreasonable, taking into consideration all of
the relevant evidence having probative value.
If the appeals are not made within the time
stated herein, the decision of the employee or official of the City,
the Board of Adjustments and Appeals and the City Council, as the
case may be, shall be final and binding.
In any hearing before the Planning Commission
acting as a Board of Adjustments and Appeals and in any hearing before
the City Council on appeal all relevant evidence having probative
value shall be considered; provided, however, that the introduction
of incompetent evidence shall not invalidate any proceeding.