§ 151.29  ABANDONMENT.
   (A)   This section shall be known as the “City of Charlevoix Street Abandonment Ordinance”.
(Prior Code, § 4.58)
   (B)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      CLERK. The City Clerk for the City of Charlevoix, a duly appointed deputy or other person designated by the Clerk to perform the Clerk’s function under this section.
      COUNCIL. The City Council of the City of Charlevoix.
      PERSON. An individual, association, corporation or partnership.
      STREET, ALLEY or PUBLIC WAY. The portion of land within the city dedicated to the use of the public for the purposes of pedestrian or vehicular travel.
(Prior Code, § 4.59)
   (C)   When the Council deems it advisable to vacate, discontinue or abolish any street, alley or public way, or a portion thereof, it shall, by resolution, declare such intention and in the same resolution shall schedule a public hearing, not less than ten days thereafter, when it will meet to hear public comment on such proposed action.
      (1)   Notice. The Clerk shall cause a copy of the public hearing notice and a copy of the resolution to be published at least once in an official newspaper prior to the scheduled public hearing. Prior to the scheduled public hearing, the Clerk shall also send by first class mail a copy of the public hearing notice and a copy of the resolution to all property owners and all persons claiming under those owners located within 300 feet of the street, alley or public way described in the resolution, based on the city’s current tax assessment records.
      (2)   Public hearing. At a time scheduled for the public hearing, the Council shall hear public comment on the proposed action to vacate, discontinue or abolish any street, alley or public way, or a portion thereof. Comments regarding such proposed action of the Council may be stated at the public hearing or comments may be filed in writing with the Clerk at or prior to the public hearing.
      (3)   Council action. After considering the comments at a public hearing and any written comments filed with the Clerk, the Council, by resolution, shall be empowered to vacate, discontinue or abolish any street, alley or public way, or a portion thereof, but may not take action regarding any street, alley or public way beyond that described in the original resolution of proposed action.
      (4)   Public utility easements. When the Council determines that it is necessary for the health, welfare, comfort and safety of the public to vacate, discontinue or abolish any street, alley or public way, or a portion thereof, the Council may reserve an easement in the street, alley or public way for public utility purposes and/or other public purposes by including such reservation in the final resolution vacating, discontinuing or abolishing the street, alley or public way.
      (5)   Recording of resolution. Within 30 days after the Council adopts a resolution vacating, discontinuing or abolishing a street, alley or public way, or a portion thereof, the Clerk shall record a certified copy of such resolution in the office of the county’s Register of Deeds. This resolution shall not be effective until recorded.
      (6)   Extension of zoning districts. Whenever any street, alley or public way, or a portion thereof, is vacated, discontinued or abolished under this section, the zoning district(s) adjoining each side of the street, alley or public way shall be automatically extended to the center of such vacation. All areas included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended districts(s).
      (7)   Fee.
         (a)   Before any action is taken as provided in this section, the person proposing, recommending or petitioning for the vacation, discontinuance or abolition of a street, alley or public way, or a portion thereof, shall pay to the Clerk a fee as fixed from time to time by resolution of the Council.
         (b)   Under no condition shall such fee or any part thereof be refunded for failure of such action to be approved by the Council.
      (8)   Exception. The Council may not vacate, discontinue or abolish that portion of any street, alley or public way under its jurisdiction which is within 25 meters of the lake or the general course of a stream and which is also located within a platted subdivision as long as such action is prohibited by state law.
(Prior Code, § 4.60)
(Ord. 555, passed 8-5-1991)