(A) As identified in IC 36-7-3-12, persons who own or are interested in any lots or parts of lots, and want to vacate all or part of a public way or public place in or contiguous to those lots or parts of lots, may file a petition for vacation with the City of Aurora Common Council.
(1) The petitioner's application must:
(a) State the circumstances of the case;
(b) Include a survey that meets all of the requirements for a certified survey, as set forth in this chapter and as prepared by a registered Indiana Land Surveyor; and
(c) Give the names and addresses of all owners of land that abuts the property proposed to be vacated.
(2) The City of Aurora Common Council shall hold a hearing on a vacation petition within 30 days after it is received. The Clerk of the city shall give notice of the petition and of the time and place of the hearing in the manner prescribed in IC 5-3-1, and by certified mail to each owner of land that abuts the property proposed to be vacated.
(a) The petitioner shall pay the expense of providing the required notice.
(b) The hearing on the petition is subject to IC 5-14-1.5.
(c) Any person(s) aggrieved by the proposed vacation may object but only on the following grounds:
1. The vacation would hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous;
2. The vacation would make access to the lands of the aggrieved person by means of public way difficult or inconvenient;
3. The vacation would hinder the public's access to a church, school, or other public building or place;
4. The vacation would hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous.
(3) After the hearing on the petition, the Common Council may, by ordinance, vacate the public way or public place.
(4) The clerk of the Council shall furnish a copy of each vacation ordinance to the County Recorder for recording and to the County Auditor.
(B) Within 30 days after the adoption of a vacation ordinance, any aggrieved person may appeal the ordinance to the circuit court of the county. The court shall try the matter de novo and may award damages.
(Ord. 2019-008, passed 5-13-19)