(A) Contents. Any petition for the vacation of public alleys or streets, or parts thereof, shall be filed by the owner requesting such vacation. Such petitions shall contain:
(1) The name and street address of the petitioner;
(2) The lot number of the real estate owned by the petitioner adjacent to and abutting upon such alley or street, or part thereof, proposed to be vacated, or if such real estate consists of a part of a lot, or a description other than a lot number, then an abbreviated but accurate description of such real estate;
(3) A list of the names and addresses of all owners of property adjacent to and abutting upon such alley or street, or part thereof, proposed to be vacated, including those directly across the street from such area proposed to be vacated. City Staff shall prepare letters, in a form approved by the City Planning Commission, informing those listed persons of the request and upcoming meeting of the City Planning Commission. These letters shall be sent by regular U.S. Mail and a certificate of mailing shall be filed with the City Planning Commission;
(4) An accurate legal description of the alley, street, or portion thereof, proposed to be vacated;
(5) An accurate map, diagram or sketch of the street, alley, or part thereof, proposed to be vacated, and the lands adjacent to and abutting upon such portion to be vacated, as well as those located directly across the street from such area;
(6) Facts indicating that the vacation will not be detrimental to the general public interest, and a statement disclosing the reason for the proposed vacation; and
(7) A certification by the petitioner, or his attorney, that such person has personally examined the records in the County Treasurer's and Recorder's offices, and that the descriptions, ownerships and addresses are the same as those shown in such records.
Before such petition is presented to Council for action, it shall be submitted to the Planning Commission for action thereon, as required by law.
(B) Plat. At least ten (10) days prior to consideration by City Council, the petitioner must submit to the Department of Community Development a recordable plat of the street, alley, or portion thereof, to be vacated, in the size and form required by the City Planning Department.
(C) Fee. When a petition to vacate a public street or alley or portion thereof is filed with the Planning Commission, as provided in subsection (A) hereof, there shall be paid to the Clerk of Commission a fee, as required by Chapter 1290, to cover the costs of investigation, legal notices and other expenses incidental to the determination of such matter. Such fees shall be delivered by the Clerk to the City Treasurer and credited to the General Fund of the City.
(D) Waiver and Consent. Whenever the City is an abutting owner in any proceeding to vacate a street, alley, avenue, or part thereof, the Mayor, if he deems it to be in the best interest of the City, may waive notice thereof, and consent to such vacation. Such waiver and consent shall be filed with Council.
(E) Notice. Notice of the pendency of a petition for the vacation of any public alley or street shall require publication in a newspaper of general circulation within the City for two (2) consecutive weeks preceding action on such petition. Action thereon shall take place within three months after the completion of the notice.
(Ord. 157-07. Passed 07-23-07; Ord. 065-22. Passed 3-14-22; Ord. 017-24. Passed 1-24-24.)