(A) A majority of the owners of land, on a front footage basis, abutting a street, alley, public ground, public way, or part thereof may submit a petition to vacate such street, alley, public ground, public way, or part thereof.
(B) A petition to vacate shall be accompanied by a non-refundable application fee in the amount as set by the City Council from time to time. The applicant shall file the petition and required application fee with the City Clerk-Treasurer, who shall schedule the matter for hearing before the City Council.
(C) (1) The applicant shall provide a list of the property owners to be affected by the proposed vacation along with a current mailing address for each such property owner. The applicant shall provide the city with mailing labels containing the name and address of the property owners to be affected, which mailing labels are available at the County Auditor’s office.
(2) The property owners to be affected includes:
(a) Each property owner whose property abuts the area sought to be vacated;
(b) Those persons who own property within the plat; and
(c) All property owners within 350 feet of the area sought to be vacated.
(D) Prior to a hearing before the City Council, the petition shall be referred to the city’s Planning and Zoning Commission for its consideration and recommendation.
(E) (1) The city shall cause written notice of the hearing to be mailed to each property owner affected by the proposed vacation, identified by the applicant as division (C) above, at least ten days before the hearing for the City Council.
(2) PROPERTY OWNER TO BE AFFECTED includes:
(a) Each property owner whose property abuts the area sought to be vacated;
(b) Those persons who own property within the plat, if the area sought to be vacated is located within a plat; and
(c) All property owners within 350 feet of area sought to be vacated.
(3) The notice must contain, at a minimum, a copy of a proposed resolution as well as the time, place, and date of hearing.
(Prior Code, § 4.6.4.2)