The Common Council, upon the verified application of any landowner whose land abuts on any unused road, street, alley or other travel way designated on any map or plat of a subdivision of land or otherwise within such City, is hereby authorized to close and vacate any part or all of any such unused road, street, alley or other designated travel way by order entered of record after hearing as hereinafter provided.
(Ord. 1997-5. Passed 3-3-97.)
Before acting to close and vacate any such road, street, alley or travel way, the Common Council shall consider the application and shall fix a time and place for hearing on such application. Such hearing shall be held not less than fifteen days after the hearing date and place have been so fixed.
(Ord. 1997-5. Passed 3-3-97.)
(a) The applicant shall cause notice of the time and place of such hearing and the purpose thereof to be published as a Class I legal advertisement in compliance with the provisions of article three [59-3-1 et seq.], chapter fifty-nine of the West Virginia Code, and the publication area for such publication shall be the City. The notice shall be published at least fifteen days before such hearing.
(b) The applicant shall also cause to be served at least fifteen days before such hearing, in the manner provided by law for the service of notices and process, a notice showing the time, place and purpose of such hearing, upon every owner of property, and every person holding a lien thereon, abutting on such unused road, street, alley or other travel way.
(c) The affidavit of publication of such notice shall be filed with the Common Council at or before the hearing as a part of the record in the proceedings.
(d) At the time and place fixed for the hearing, the Common Council shall hear any evidence relating to the use of and rights or claims in or to any such road, street, alley or other designated travel way sought to be closed and vacated. If the Common Council concludes and finds upon the record and evidence in the proceedings that the use and rights of no person or persons in such road, street, alley or other travel way will be impaired or lost by the closing and vacating thereof, the Common Council shall proceed to enter an order closing and vacating such road, street, alley or other travel way and shall cause a copy of said order to be prepared and certified for entry of record in the Office of the Clerk of the County Commission wherein said road, street, alley or other designated travel way is situated. The applicant shall pay the recording fee thereon.
(Ord. 1997-5. Passed 3-3-97.)