(A) The following procedure shall be followed for all petitions for vacation of streets, alleys, public grounds, public ways, plats and/or auditor’s subdivisions located with the city.
(1) Vacation by city.
(a) The City Council may, by resolution, vacate any street, alley, public ground, public way or any part thereof upon its own motion after a four-fifths vote of all members of the City Council.
(b) The City Council shall not vacate any such street, alley, public ground, public way or any part thereof, unless it appears in the interest of the public following a hearing preceded by two weeks’ published and posted notice.
(c) 1. The Council shall cause written notice of the hearing, at least ten days before the hearing, to be mailed to:
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 the area sought to be vacated.
2. The notice must contain, at a minimum, a copy of the proposed resolution as well as the time, place and date of hearing.
(d) If the street, alley, public ground, public way or any part thereof terminates at or abuts upon any public water, no vacation shall be made, unless written notice of the proposed resolution is served by certified mail upon the Commissioner of Natural Resources at least 30 days before the hearing on the matter. The notice to the Commissioner of Natural Resources is for notification purposes only and does not create a right of intervention by the Commissioner.
(e) If, following a hearing, the Council adopts a resolution vacating a street, alley, public ground, public way or any part thereof, the Clerk/Treasurer shall prepare a notice of completion of the proceedings, which shall contain the name of the city and identification of the vacation, a statement of the time of completion thereof and a description of the real estate and lands affected thereby. The notice shall be presented to the county’s Auditor, who shall enter the same in the transfer records and note upon the instrument, over official signature, the words “entered in the transfer record”. The notice shall then be filed with the county’s Recorder. Any failure to file the notice shall not invalidate any such vacation proceedings.
(2) Vacation by petition.
(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 as set forth in the Fee Schedule Ordinance on file in the city offices. 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) 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. The property owners to be affected includes:
1. Each property owner whose property abuts the area sought to be vacated;
2. Those persons who own property within the plat; and
3. All property owners within 350 feet of the area sought to be vacated.
(d) 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 provided in division (A)(2)(b) above, at least ten days before the hearing before the City Council. 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, if the area sought to be vacated is located within a plat; and
c. All property owners within 350 feet of the area sought to be vacated.
2. The notice must contain, at a minimum, a copy of the proposed resolution as well as the time, place and date of hearing.
(e) The City Council may, by resolution adopted by a majority of the members of the Council, adopt a resolution vacating a street, alley, public ground, public way or any part thereof if it appears in the interest of the public to be necessary following a hearing proceeded by two weeks’ published and posted notice.
(f) If the street, alley, public ground, public way or any part thereof terminates at or abuts upon any public water, no vacation shall be made, unless written notice of the proposed resolution is served by certified mail upon the Commissioner of Natural Resources at least 60 days before the hearing on the matter. The notice to the Commissioner of Natural Resources is for notification purposes only and does not create a right of intervention by the Commissioner.
(g) If, following a hearing, the Council adopts a resolution vacating a street alley, public ground, public way or any part thereof, the Clerk/Treasurer shall prepare a notice of completion of the proceedings, which shall contain the name of the city and identification of the vacation, a statement of the time of completion thereof and a description of the real estate and lands affected thereby. The notice shall be presented to the county’s Auditor, who shall enter the same in the transfer records and note upon the instrument over official signature, the words “entered in the transfer record”. The notice shall then be filed with the county’s Recorder. Any failure to file the notice shall not invalidate any such vacation proceedings.
(B) With respect to streets or alleys connecting separate plats or lines between blocks or lots or providing access for the public to any public water, the Council shall not vacate any such street or alleyway, unless it appear that the street or alleyway or part thereof sought to be vacated is useless for the purpose for which it was laid out.
(C) All decisions by the City Council in granting or denying petitions to vacate shall be final, except that any aggrieved person or persons, or any department, board or commission of the jurisdiction of the state, shall have the right to appeal within 30 days after the City Council makes its decision to the county’s District Court on questions of law and fact.
(Ord. 705, 2nd Series, passed 5-10-2005; Ord., passed - -)
Editor’s note:
For any fees or costs associated with a petition to vacate, see the ordinance adopting a schedule of fines and fees on file in the city offices.