(A) Any landowner whose land abuts on any street, alley, lane, road or other designated travel way seeking to close, abandon, discontinue for public use any part or all of such right-of-way shall file with the City Clerk:
(1) A petition to Council;
(2) The petition shall be accompanied by an engineer’s or surveyor’s map of such right-of-way together with abutting property owners; and
(3) A list of all owners of property abutting on such right-of-way.
(B) Before acting to close, abandon, discontinue for public use any part or all of such right-of- way, the Council shall accept the petition and refer it to the Municipal Properties Committee to fix a time and place for a public hearing on the petition. Such public hearing shall be held not less that 15 days after the date and place have been so fixed. The Municipal Properties Committee shall cause notice of the time and place of such hearing and the purpose thereof to be published as a Class I legal advertisement in compliance with the provisions of W.Va. Code Art. 59-3. The notice shall be published at least 15 days before such hearing. The applicant shall cause to be served, at least 15 days before such hearing, in the manner provided by law for the service of notices and process a notice showing the time, place and purpose of such hearing, upon every owner of property, and every person holding a lien thereon, abutting such street, alley, lane, road or other designated travel way. The affidavit of publication of such notice shall be filed with the Municipal Properties Committee at or before the hearing as part of the record in the proceedings. After considering the evidence presented at the public hearing, as well as any other documented evidence which may come before the Municipal Properties Committee, the Committee shall report its recommendations to Council at the next Council meeting. The recommendations of the Municipal Properties Committee to Council may include a recommendation as to a value to be placed on the right-of-way or portion thereof to be considered for abandonment.
(C) Upon receipt of the Municipal Property Committee’s recommendations, Council shall direct the preparation of an ordinance in the manner prescribed by law. Council shall then vote on passage or rejection of the ordinance by a simple majority vote of the members present at a regular or special meeting at which a quorum is present.
(Ord. 185, passed 11-20-2014; Ord. 285, passed 7-1-2021)