(A) By property owner. The property owner of the tract covered by a plat may vacate, upon the approval of the Council, the plat at any time before any lot in the plat is sold. The plat is vacated when a signed, acknowledged instrument declaring the plat vacated is approved and recorded in the manner prescribed for the original plat.
(B) By all lot owners. If lots in the plat have been sold, the plat may be vacated on the application of all the owners of lots in the plat with approval obtained in the manner prescribed for the original plat.
(C) Criteria. The Council shall approve the petition for vacation on terms and conditions as are reasonable to protect public health, safety, and welfare. As a condition of vacation of the plat, the Council may direct the petitioners to prepare a revised final plat in accordance with this chapter.
(D) Effect of action. On the execution and recording of the vacating instrument, the vacated plat shall have no effect. Regardless of the Council’s action on the petition, the property owner or developer will have no right to a refund of any monies, fees, or charges paid to the city nor to the return of any property or consideration dedicated or delivered to the city except as may have previously been agreed to by the Council.
(E) Government initiated plat vacation.
(1) General conditions. The Council, on its motion, may vacate the plat of an approved subdivision or addition when:
(a) No lots within the approved plat have been sold within 5 years from the date that the plat was signed by the Mayor;
(b) The property owner has breached an agreement and the city is unable to obtain funds with which to complete construction of public improvements, except that the vacation shall apply only to lots owned by the property owner or its successor; and
(c) The plat has been of record for more than 5 years and the Council determines that the further sale of lots within the subdivision or addition presents a threat to public health, safety, and welfare, except that the vacation shall apply only to lots owned by the property owner or its successors.
(2) Procedure. Upon any motion of the Council to vacate the plat of any previously approved subdivision or addition, in whole or in part, the Council shall publish notice in a newspaper of general circulation in the county and provide personal notice to all homeowners within the subdivision or addition and shall also provide notice to the Commission. The notice shall state the time and place for a public hearing on the motion to vacate the subdivision or addition plat. The Council shall approve the vacation only if the criteria in division (D) above are satisfied.
(3) Record of notice. If the Council adopts a resolution vacating a plat in whole, it shall record a copy of the resolution in the County Clerk’s office. If the Council adopts a resolution vacating a plat in part, it shall cause a revised final plat to be recorded which shows that portion of the original plat that has been vacated and that portion that has not been vacated.
(Ord. 487, passed 7-18-2000; Am. Ord. 737, passed 7-20-2016) Penalty, see § 155.999