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Whenever an owner or owners of land within said village shall file a written petition with the Village Clerk to vacate a street, alley, or portion thereof in the village, whether platted or not, the petition shall first be referred to the Village Council for a report of whether or not it is advisable to vacate such street, alley, or portion thereof.
(Ord. 75-19, passed - -)
After receiving the report of the appointed investigating committee, the Village Council shall determine whether to proceed further and if so, the procedure shall be as hereinafter set forth.
(A) The village shall have published a notice of the hearing and date of said hearing on the petition for the vacating of the street, alley, or portion thereof by publishing the notice thereof once each week for three consecutive weeks in a newspaper printed or circulated within the village.
(B) The village shall also cause copies of said published notice to be posted in three of the most public places within the village.
(C) The village shall also cause to be mailed, by first class mail, a copy of said notice of hearing to those persons shown by the last known Village Assessor’s records, to be the owners of each lot or parcel of land which abuts said street, alley, or portion thereof to be vacated.
(D) The village shall cause to be mailed, by certified mail, a copy of said published notice to the State Treasurer and to all of the public utilities providing services in the village, if said street, alley, or portion thereof sought to be vacated is connected to a county road; then, a copy of said notice shall also be mailed to the Board of County Road Commissioners of the county.
(Ord. 75-19, passed - -)
(A) If the vacating of said street, alley, or portion thereof is on the motion of the Village Council itself, the procedure shall be as contained in this subchapter, but all expenses of publications and of the mailing of said notices and posting of said notices and other expenses shall be borne by the village.
(B) If said application or petition for vacating of said street, alley, or portion thereof shall be by a person, persons, firm, or corporation other than the village, all costs of publication and of the mailing and posting of notices shall be paid in advance by said petitioner or petitioners.
(Ord. 75-19, passed - -) Penalty, see § 152.99
(A) It is further ordained that after the Council has held the hearing and has heard any objections thereto, it shall then make its decision and order either the granting such petition and vacating said street, alley, or portion thereof or denying said petition. If such street, alley, or portion thereof is vacated, a copy of the resolution and a drawing of the vacated portion of street or alley shall be recorded with the Register of Deeds and with the State Treasurer.
(B) The village may reserve an easement for public utility purposes and other public purposes within the right-of-way of a street, alley, or other public lands vacated.
(Ord. 75-19, passed - -)
(A) If the vacating of said street, alley, or portion thereof is on the motion of the Village Council itself, it may then proceed under the applicable sections of Public Act 288 of 1967, being M.C.L.A. §§ 560.101 through 560.293, the Subdivision Control Act, to have said street, alley, or portion thereof vacated in the circuit court at the expense of the village.
(B) If the vacating of said street, alley, or portion thereof is on the petition of a private person, persons, owner, or owners, then it shall be up to said petitioner or petitioners, after said street, alley, or portion thereof shall have been vacated in accordance with this subchapter, to proceed at their own expense in the circuit court under the terms of Public Act 288 of 1967, being M.C.L.A. §§ 560.101 through 560.293.
(Ord. 75-19, passed - -) Penalty, see § 152.99
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(B) Any person who is convicted of any violation of any provision of §§ 152.01 through 152.04 shall be guilty of a misdemeanor, and shall be punished by fine not to exceed $100 or by imprisonment in the county jail not to exceed 90 days or by both fine and imprisonment at the discretion of the trial court upon each count or offense of which such person be convicted.
(C) Any person who is convicted of any violation of any provision of §§ 152.30 through 152.35 shall be guilty of a misdemeanor and shall be punished by fine not to exceed $100 or by imprisonment in the county jail not to exceed 90 days or by both fine and imprisonment at the discretion of the trial court upon each count or offense of which such person be convicted.
(Ord. 75-5, passed - -; Ord. 75-19, passed - -)