(a) If the matter is initiated by the county council, it will request the road and bridge department to proceed with the steps enumerated in subsections (c) and (e) below.
(b) If the matter is initiated by an individual, firm or corporation, such person will file a written request with the road and bridge department to abandon a certain road for county maintenance. All abutting owners will sign the application.
(c) A suitable notice will be posted by the applicant or the road and bridge department (i.e., if county council is the applicant) on or adjacent to the right-of-way. This notice will remain in place for 15 days prior to the public hearing provided for in subsection (e).
(d) At least 15 days prior to the public hearing, the road and bridge department will give notice in a newspaper of general circulation in the county that a public hearing will be held to receive information from the general public as to the advisability of abandoning the road. The notice will state the time and place of the hearing. The road and bridge department will also notify affected public agencies and public utilities of the public hearing and inquire of them if they have any objections to the abandonment of the road by the county. The road and bridge department will also try to ascertain the means by which the county acquired its interest in the right-of-way.
(e) The public hearing will be held by the county council at the time and place specified in the newspaper notice.
(f) After the hearing, the county council will refer the question to its public service planning and development committee for recommendations as to its proper course of action. Such reference, however, will not be required if the proposed road abandonment was initiated by the county council.
(g) If the road and bridge department has been able to determine the owner of the underlying fee, a quit claim deed should be given to that person or his heirs or devisees, if they can be ascertained. Otherwise a quit-claim deed should be made to the abutting property owners on both sides of the right-of-way.
(h) Upon completion of the abandonment process, the applicant, if other than the county, shall submit the appropriate quit-claim deed to the county attorney who shall, upon approval, transmit said quit-claim deed to the clerk of council for execution and filing on behalf of the county.
(1976 Code, § 18-43) (Ord. 978, § 3, passed 4-6-1982; Ord. 1314, § 2, passed 10-9-1984; Ord. 2079, § 1(a), (b), passed 1-30-1990)