123.01 VACATIONS OF STREETS AND ALLEYS.

   The following procedures shall be followed to accomplish the vacation of Village alleys and streets.

   (a)   By Petition.

      (1)   A lot owner in the Village may file a petition with the Fiscal Officer for the vacation of an alley or street located in the immediate vicinity of the property owned by such lot owner and shall be required to provide an accurate plat prepared by an engineer of the property to be vacated along with a proper legal description, and an appraisal of the fair market value of the property, prepared by a certified appraiser. Any lot owner so petitioning the Council shall be prepared to pay to the Village, the fair market value of the property to defray all costs and expenses incurred by the Village in processing the petition.

      (2)   The Fiscal Officer shall present such petition at the next regularly scheduled meeting of Council after which time the petition shall be referred to the appropriate committee of Council for consideration and recommendation.

      (3)   The Committee of Council shall thereafter refer the petition to the Village Solicitor for preparation of the appropriate legislation.

      (4)   The legislation shall be placed upon first reading and thereafter referred to the Planning Commission for their recommendation.

      (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.

      (6)   At the first and second Council meetings after the last publication Council shall consider such ordinance on second and third readings.

      (7)   Before the legislation vacating the property shall be passed, the petitioner shall have paid in full the fair market value of the property.

      (8)   If the ordinance is passed by Council, the Fiscal Officer shall submit the ordinance to the Erie or Huron County Auditor’s Office and thereafter to the Erie or Huron County Recorder’s Office.

   (b)   Vacation by Council. Upon a determination by Council that there is good cause for vacating or narrowing a street or alley or any part thereof, other than upon the petition of a owner in the Village and upon a further finding that such vacation ordinarily will not be detrimental to the general interests of citizens of the Village, such street or alley may be vacated after publication listed in subsection (a) hereof which shall be given except when all of the owners of abutting property in the area to be vacated have given written consent to the vacation thereof.
(Ord. 018-11-95. Passed 11-28-95.)