(A) A petition may be filed by persons who own or are interested in any lots or parts of lots and who wish to vacate all or parts of a public way or public place in or contiguous to those lots or parts of lots.
(B) A petition shall be filed with the City Clerk in writing and the applicant must provide the following information for inclusion therein:
(1) A legal description (including size and location) of the public way or place to be vacated;
(2) A plat showing the exact location and size of the applicant's property;
(3) The names and addresses of all owners of land that abut that property proposed to be vacated;
(4) The circumstances and reasons why the way or place should be vacated; and
(5) Whether any prior action for vacation has taken place.
(C) The City Clerk shall notify each owner of land that abuts the property proposed to be vacated by certified mail of the petition to vacate and the time and place of hearing thereon, and shall further cause notice of the same to be published as required by state statutes, including the posting of on-site notice.
(D) The Common Council of the city shall hold a public hearing on the petition within 30 days after it is received. At the hearing, any person aggrieved by the proposed vacation may object to it as provided by law. After the hearing on the petition, the Common Council may, by ordinance, vacate the public way or public place.
(E) All ordinances vacating public ways or places shall be furnished to the County Recorder for recording and to the County Auditor by the City Clerk.
(F) Any party aggrieved by the adoption of a vacation ordinance may appeal the ordinance to the county's Circuit Court within 30 days after its adoption.
(G) For the current fee required for filing a petition to vacate a public way or place, see § 158.06(C).
(Ord. G-87-181, passed 3-2-1987)
Statutory reference:
Authority, see I.C. 36-7-3-12