The following procedures shall be followed to accomplish the vacation of streets and alleys within the village:
(A) By petition.
(1) Any lot owner in the village may file a petition with the Clerk of Council for the vacation of an alley or street located in the immediate vicinity of the property owned by such lot owner. The petitioner shall be required to provide an accurate plat of the property to be vacated prepared by an engineer, along with a proper legal description. In addition, the petitioner shall submit with his or her petition an appraisal of the fair market value of the property to be vacated, prepared by a certified appraiser. This appraisal shall be the amount of compensation to be paid to the village for the vacation of the right-of-way. In the event either the petitioner or the village is dissatisfied with the first appraisal, either the petitioner or the village may, at the petitioner's or the village's expense, hire another appraiser, and a third appraiser mutually agreed upon by both the petitioner and the village. The amount of compensation to the village for the right- of-way to be vacated shall be the average of the three appraisals.
(2) At the time any lot owner petitions the Council to vacate a street, alley or any part thereof, the lot owner shall deposit with the village an amount of money equal to the fair market value of the property to be vacated, as determined by the certified appraiser or the average appraisal price as determined by three appraisers as set forth above, to defray all costs and expenses incurred by the village in processing the petition. In the event the street, alley or part thereof sought to be vacated does not become vacated, the petitioner will receive a refund of the deposit, minus any expenses actually incurred by the village relative to the processing of the petition, including but not limited to advertising fees and attorney fees for the preparation of the appropriate legislation. Any and all fees relative to the vacation of a street or alley may be waived at the discretion of the Council, if Council determines that it would be in the best interest of the village.
(3) When the petition is complete, the Clerk of Council shall present the petition at the next regularly scheduled meeting of Council, after such time the petition may be referred to the Planning Commission for its consideration and recommendation.
(4) The Planning Commission shall thereafter refer the petition to the Village Solicitor for preparation of the appropriate legislation.
(5) Upon receipt of the recommendation of the Planning Commission, Council shall cause to be published for a period of six consecutive weeks, notice of intention to vacate, unless all of the abutting property owners consent to the vacation of the street or alley or part thereof.
(6) At the first Council meeting after the last publication of the notice of intention to vacate, Council shall consider the ordinance on first, second and third readings. Action on the petition shall take place within three months after the completion of the notice as set forth in this subsection.
(7) Before the legislation vacating the property shall be adopted, the petitioner shall have paid in full the fair market value of the property to be vacated.
(8) If the ordinance is adopted by Council, the Clerk of Council shall submit a certified copy of the ordinance to the Erie County Auditor's Office, and thereafter to the Erie County Recorder's Office.
(B) Vacation by Council. Upon determination by Council that there is good cause for vacating or narrowing a street or alley or any part thereof, other than upon petition of an owner of a lot in the immediate vicinity, and upon a further finding that such vacation ordinarily will not be detrimental to the general interests of the citizens of the village, such street or alley may be vacated after publication listed in division (A) of this section which shall be given, except when all of the owners of the abutting property in the area of the street or alley or any part thereof to be vacated have given written consent to the vacation thereof.
(Ord. 1999-O-40, passed 8-12-99)