(a) Legislative Intent. Council finds and declares that within the City there are one or more streets, alleys and public right of way that have not, do not or will not in the future serve any public purpose; that exist only by means of appearance on plats or maps of sections of the City; that it would be in the best interest of the City to abandon and vacate such streets, alleys and public rights of way, thereby absolving any actual or contingent liability; and that would otherwise permit more appropriate land use within the City thereby promoting orderly development of the City.
(b) Procedures for Abandonment.
(1) Informal Discussion of Request. Persons wishing to vacate, abandon or annul a public right of way should contact the City Clerk’s Office for an informal discussion of the proposed action and for purposes of obtaining a copy of the abandonment application.
(2) Presentation of Application to Planning Commission. After a person has completed the abandonment application he or she shall present the application to the City Planning Office, which application for the abandonment of a public right of way must be received eight days prior to the next regular meeting of the Planning Commission.
(3) Planning Commission Review. The Planning Commission shall review the application and petition requesting the abandonment of a public right of way at its regular meeting and shall fix a time, place and date of public hearing on the abandonment request and shall inform the applicant of same. Such hearing shall not be held less than 30 days after the time, date and place shall have been so fixed.
(4) Filing Fee and Public Hearing Requirements.
A. The applicant shall deposit a non-refundable filing fee of fifty dollars ($50.00) with the City Clerk’s Office twenty days prior to the date of public hearing date.
B. The applicant shall serve a copy of the application along with a notice of the time, place and date of the public hearing to all abutting property owners and every person holding a lien thereon and the Fire and Police Department and any additional property owner the Planning Commission may feel requires notice. The notice shall be served by registered certified mail, delivery restricted to said property owner, or in the manner provided by law for the service of process. In addition, the applicant shall cause the notice of the time, date and place of such hearing and the purpose thereof to be published as a Class I legal advertisement in compliance with West Virginia Code §59-3-1, and the publication area shall be the Municipality, which notice shall be published at least 14 days before such hearing.
(5) Planning Commission Action. After completion of the public hearing requirements the Planning Commission shall review the application and hear any evidence relating to the use of and rights or claims in any such street, avenue, road, alley, or way sought to be closed or vacated. After the public hearing, the Planning Commission shall make findings as to whether the use and right of any persons or entity in such street, avenue, road, alley or way will be impaired or lost by the closing or vacating thereof and the Planning Commission shall make a recommendation to Council as to whether the same should be closed or vacated. The Planning Commission shall then submit seven copies of the application to Council along with its findings and recommendations.
(6) Council Action.
A. Council shall review the application and recommendation of the Planning Commission, and if the application is approved, Council shall adopt an ordinance closing or vacating said street, avenue, road, alley, or way.
B. After adoption, the applicant shall cause a certified copy of the ordinance to be recorded in the Office of the Clerk of the County Commission of Marion County, West Virginia.
(Ord. 321. Passed 10-20-97.)
(7) Legal Fees. The applicant requesting the vacation, abandonment or annulment of a public right of way shall be responsible for all legal fees involved in such process.
(Ord. 325. Passed 2-2-98.)
(Ord. 325. Passed 2-2-98.)