(A) Application For Vacation Or Dedication: Any property owner desiring to vacate an existing subdivision, public right of way or easement shall complete and file an application with the administrator. These provisions shall not apply to the widening of any street which is shown in the comprehensive plan, or the dedication of streets, rights of way or easements to be shown on a recorded subdivision.
(B) Administrative Action:
1. Action By Administrator: Upon receipt of the completed application, the administrator shall affix the date of application acceptance thereon, shall place the application on the agenda for consideration at the next regular meeting of the commission which is held not less than forty five (45) days after the date of acceptance.
2. Recommendation By Commission: The commission shall review the request and all agency responses and, within forty five (45) days of the meeting at which the issue was on the agenda, shall make a recommendation to the council for approval, conditional approval or denial.
(C) Action By Council:
1. Vacations: When considering an application for vacation procedures, the council shall establish a date for a public hearing and give such public notice as required by law. The council may approve, deny or modify the application. Whenever public rights of way or lands are vacated, the city shall provide adjacent property owners with a quit claim deed for the vacated rights of way in such proportions as are prescribed by law.
2. Dedications: When considering an application for dedication, the council may approve, deny or modify the application. When a dedication is approved, the required street improvements shall be constructed or a bond furnished assuring the construction prior to acceptance of the dedication. To complete the acceptance of any dedication of land, the owner shall furnish to the city a deed describing and conveying such lands to be recorded with the county recorder.
3. Decision: The city shall review the request and all agency responses and commission recommendation and, within forty five (45) days of the meeting at which the issue was on the agenda, either approve, conditionally approve or deny the request.
(D) Dedication Of Streets: Within a proposed subdivision, arterial and collector streets, as specified by the commission or any other adopted traffic circulation plan, shall be dedicated to the public in all cases. All other streets also shall be dedicated to public use. (Ord. 822, 2-23-2006, eff. 3-16-2006)