All petitions addressed to the Conneaut City Council praying for the vacation of street or alley areas shall be filed by the owner(s) of the abutting property with the Clerk of the Council. Petitions shall contain the printed name, street address and telephone number of each of the petitioners, along with the permanent parcel number for the property owned by them that is abutting the street or alley area. The petition shall also disclose the reason for the proposed vacation, and shall contain facts indicating that the vacation will not be detrimental to the general interest. The petition shall further set forth the exact description of the street or alley area desired to be vacated, and shall contain a waiver of notice and a consent to the vacation. The petition and the procedure shall in all manners comply with the Ohio Revised Code Section 723.04 and any other statutory provision. (Ord. 22-13. Passed 3-25-13.)
(a) Any person(s) filing with the Clerk of Council a petition requesting a vacation of any street or alley within the City shall, at the time of the filing of said petition, pay to the Clerk of Council a fee in an amount established by ordinance, and amended as necessary, to be computed as follows for use by the Clerk among other things as follows:
(1) A non-refundable petition processing fee as established by ordinance and amended as necessary; and
(2) If required, the costs of postage for notification of abutting property owners and interested parties; and
(3) Publication costs for the advertising in a newspaper of the notice of petition and the caption of any ordinance granting such vacation; and
(4) Fees established by the Auditor of Ashtabula County, Ohio for the transferring of such land upon the tax duplicate of Ashtabula County, Ohio; and
(5) Fees established by the Ashtabula County Recorder for the recording of such ordinance of vacation in the Deed of Records of Ashtabula County, Ohio; and
(6) Any and all other costs connected with the vacation of such street or alley, including survey fees and remapping costs.
(b) If the actual costs exceed the estimated fee, the Clerk of Council is authorized and directed to require and collect the additional amount needed to pay for all costs. Said additional fees shall be paid within thirty (30) days of the adoption or denial of said petition. In addition, in the event the petition for vacation is approved by Council legislation, said documents shall not be recorded with the Ashtabula County Auditor and Ashtabula County Recorder until said additional fees are paid.
(c) The Legislative Authority may vote to waive all, or a portion thereof, of the above listed fees as they relate to a specific project that would provide a benefit for the community sufficient to justify the wavier of the fees.
(Ord. 22-13. Passed 3-25-13.)
Such fees as paid and collected pursuant to Section 923.02 shall be retained by the City pending action of Council thereon; however, if Council does not vacate the street or alley so petitioned to be vacated, then all amounts paid (as described in said Section 923.01) by the petitioner shall be refunded, excluding the established application fee, postage, publication costs, and any other necessary expenses, with no interest due.
(Ord. 22-13. Passed 3-25-13.)
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