(a) Legislative intent. City Council finds and declares that within the city there are one or more streets, alleys, and public rights-of-way that have not, do not, or will not in the future serve any public purpose; that exist only by means of appearance on plats or maps of sections of the city; that it would be in the best interest of the city to abandon and vacate such streets, alleys, and public rights-of-way, thereby absolving any actual or contingent liability; and that would otherwise permit more appropriate land use within the city thereby promoting orderly development of the city.
(b) Procedures for abandonment.
(1) Informal discussion of request. Persons wishing to vacate, abandon, or annul a public right- of-way should contact the city business office for informal discussion of proposed action and obtain a copy of the abandonment application.
(2) Presentation of application to Alleys, Sidewalks, Streets, and Signs Committee. After a person has completed the abandonment application, he or she or she shall present the application to the city business office to be submitted to the Committee, along with a petition requesting the abandonment of a public right-of-way.
(3) Alleys, Sidewalks, Streets, and Signs Committee review. The Committee shall schedule a meeting to review the application and petition requesting the abandonment of a public right-of-way and inform the applicant of the time, place, and date of public hearing on the abandonment request.
(4) Filing fee and public hearing requirements. The applicant shall deposit a nonrefundable filing fee of $250 with the city business office 20 days prior to the public hearing date. The applicant shall send a copy of the application along with a notice of the time, place, and date of the public hearing to all abutting property owners and any additional property the Streets Committee may feel need notice. Notice shall be sent by registered mail. All abutting property owners must unanimously agree to such action and terms of this policy, and sign a notarized application to proceed.
(5) Alleys, Sidewalks, Streets, and Signs Committee action. After completion of public hearing requirements, the Committee shall submit copies of the application to City Council along with the Committee’s recommendation.
(6) City Council action. The applicant shall file a copy of the petition and an ordinance to abandon the right-of-way in the city business office 14 days prior to the regularly scheduled meeting of City Council. City Council shall review the application, recommendation of the Alleys, Sidewalks, Streets, and Signs Committee.
Cross-reference:
Power to vacate streets, see W. Va. Code 8-12-5(1)