(A) Any person who owns or is interested in any property located within the town and who desires to have a public way or public place vacated which is contiguous to that property, may file a petition for vacation with the Town Council. The petition must:
(1) State the circumstances of the case.
(2) Specifically describe the property proposed to be vacated; and
(3) State the names and addresses of all owners of land that abut the property proposed to be vacated.
(B) Notice of the petition must be given as prescribed in IC 5-3-1 and by certified mail to each owner of land that abuts the property proposed to be vacated. The Clerk-Treasurer shall give the notice, however, to the petitioner or petitioner must reimburse the Councilmember for all costs of the notice. The Town Council shall hold a hearing on a petition within 30 days after it is received at which time any person aggrieved by the proposed vacation may object to it by filing a remonstrance in writing or presenting an oral remonstrance at the hearing. Grounds for the remonstrance are as follows:
(1) The vacation would hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous.
(2) The vacation would make access to the lands of the aggrieved person by means of public way impossible.
(3) The vacation would eliminate the public's access to a church, school or other public building or place.
(4) The vacation would hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous.
(C) After the hearing on the petition the Town Council may by ordinance vacate the public way or public place. If this is done, the Clerk-Treasurer shall provide a copy of the vacation ordinance to the County Recorder for recording and to the County Auditor. Within 30 days after the adoption of a vacation order, any aggrieved person may appeal the ordinance to the Circuit Court of Lake County.
(IC 36-7-3-12, 36-7-3-13) ('80 Code, § 12.12.010) (Ord. 1982-28, passed 12-28-82)