(A) Persons who own or are interested in any lots or parts of lots and want to vacate all or part of a public way or alley in or contiguous to those lots or parts thereof may file a petition for vacation with the Common Council if all or any part of the public way or public alley to be vacated is located within the boundaries of the city.
(B) The petition must:
(1) State the circumstances of the case;
(2) Specifically describe the property proposed to be vacated;
(3) Give the names and addresses of all owners of land that abuts the property proposed to be vacated;
(4) Be accompanied by an application fee of $100 payable to the city.
(C) The Common Council will give the petition to the Traffic Control Committee to review. Then the committee will give their recommendations to the Common Council. The Common Council shall hold a hearing on the petition within 45 days after it is received. The Traffic Control Committee shall give notice of the petition and of the time and place of the hearing by certified mail:
(1) To each owner of land that is within the block area;
(2) To the owners of land that abuts the proposed property to be vacated.
(D) After the hearing on the petition, the Common Council may, by ordinance, vacate the public way or public alley. The clerk of the Common Council shall furnish a copy of each vacation ordinance to the county recorder for recording and to the county auditor. Vacation shall not be final until a legal survey which shows the boundaries, easements and restrictions of record in proper form for recording in the Recorder’s Office.
(E) Within 30 days after the adoption of a vacation ordinance, any aggrieved person may appeal the ordinance to the circuit court of the county. The court shall try the matter again and may not award damages.
(Ord. 1998-27, passed 12-7-98)