Title to streets, alleys and public ways is held by the City as trustee for the benefit of the public and may be vacated in the manner provided by general law including, without limitation, Sections 723.04 through 723.12 of the Ohio Revised Code. Petitions brought pursuant to Revised Code Sections 723.04 et seq., shall conform to the formal requirements established by subsection (a) of this section and be acted on at the times and in the manner therein provided:
(a) Vacation or Narrowing by Voluntary Petition.
(1) Petition by one or more property owners with property abutting the public way sought to be vacated shall contain a short statement requesting the vacation or narrowing of the street, alley or public way, a description of the way to be vacated or narrowed and the names and addresses of the petitioners. The petition shall be accompanied by a map, plat or other plan representation depicting the public way petitioners wish vacated or narrowed, between the points of intersection with the nearest streets and all properties adjacent thereto. The petition shall be accompanied by a list containing the name and tax mailing address of every person and legal entity holding record title to land adjacent to the depicted right-of-way. The petition shall be filed with the Clerk of the City Planning Commission who shall determine the amount of the deposit required to secure payment of reasonably anticipated costs. Petitions requiring publication of notice in accordance with Ohio Revised Code Section 723.07 shall be accompanied by a deposit of $750.00. Petitions exempted from publication requirements by Ohio Revised Code Section 723.06 shall be accompanied by a deposit of $250.00.
(2) Upon acceptance of the petition, supporting documents and deposit, the Clerk of the City Planning Commission shall deliver the petition and supporting documents to the City Engineer. The City Engineer shall determine the existence of any public or public utility fixtures that, upon allowance of the petition, will give rise to an easement by operation of Ohio Revised Code Section 723.041. The City Engineer shall also identify each property that will, upon allowance of the petition, be benefitted by an easement preserved by operation of Ohio Revised Code Section 723.08. The City Engineer shall depict all statutory easements on the map, plat or other depiction of the right-of-way to be vacated submitted with the petition and return the petition and supporting documents to the Clerk of the City Planning Commission within 30 days. In the event the City Engineer determines that the map, plat or other depiction of the right-of-way and adjacent properties filed with the petition is inaccurate or insufficiently detailed to allow performance of the Engineer’s responsibilities, the Engineer shall notify all petitioners of the additional documentation needed to proceed with the application which may, in the Engineer’s discretion, include a survey of all or part of the right-of-way and adjacent properties as prepared by a Registered Surveyor and presented in a form acceptable to the County Recorder for filing of record. In such event, the Engineer shall return the petition and supporting documents to the Clerk of the City Planning Commission no later than 30 days following receipt of the required supplemental document or documents from the petitioners.
(3) Upon receipt of the petition and supporting materials from the City Engineer as provided by paragraph (a)(2) the Clerk of the City Planning Commission shall schedule the petition for review by the City Planning Commission at the first regularly scheduled meeting to be held following expiration of the time required to comply with all statutory notice requirements and shall arrange for timely publication of all required notices of the place, date and time at which the petition will be reviewed by the Commission. All hearings required by law shall be conducted by the City Planning Commission in accordance with the Commission’s adopted rules which may provide for continuance of the matter from meeting to meeting.
(4) Upon receipt of the report and recommendation of the City Planning Commission, the City Law Director shall prepare an ordinance providing for vacation of the street, alley or public way as requested by the petition which shall be placed on the agenda for the next available regularly scheduled meeting of the City Council. Publication of notices required by Ohio Revised Code Section 723.07 by the City Planning Commission prior to the conduct of hearings on the petition by the Commission shall constitute compliance with all notice requirements, provided, however, that no ordinance vacating a street, alley or other right-of-way shall be passed under any suspension of the Rules of Conduct and Procedure or before the same has been read on three separate days.
(5) Council shall determine if there is good cause for vacating or narrowing the street, alley or other public way and whether the requested vacation will be detrimental to the public interest. Upon its finding, Council shall take appropriate legislative action, provided, however, that in the event the City Planning Commission has recommended against allowance of the petition, a minimum two-thirds majority vote shall be required to pass the ordinance granting the requested vacation.
(6) If the street or alley is vacated or narrowed, the City shall prepare and record the vacation plat and certify all costs incurred to the City Finance Director within thirty days following the effective date of the ordinance.
(7) Upon conclusion of the proceedings, the City Finance Director shall determine all costs incurred, pay such sums from the deposit posted with the petition and refund any unexpended balance of the deposit to the petitioners. In the event costs actually incurred exceed the amount deposited, the City Finance Director shall invoice the petitioners for the amount of any deficiency and the Law Director is hereby authorized to commence such proceedings as may be appropriate to collect the amount invoiced if not paid within 45 days following issuance of the invoice.
(b) Vacation Upon Initiative of Council. Nothing contained in subsection (a) of this section shall limit Council’s authority to vacate all or part of any street, alley or other public way in proceedings initiated by the municipal government and conducted in accordance with general law. (Ord. 7843. Passed 8-23-16.)