Subdivided property may be reverted to acreage pursuant to the provisions of this chapter. Proceedings for reversion to acreage may be initiated by the City Council on its own motion or by petition of all of the owners of record of the real property within the subdivision.
(A) Initiation of proceedings by owner(s). Proceedings to revert subdivided property to acreage may be initiated by petition of all the owners of record of property within the subdivision. The petition shall contain the following information and such other information as required by the secretary of the Planning Commission:
(1) Evidence of title to the real property.
(2) A tentative map in the form prescribed by § 152.057 of this chapter.
(3) A final map in the form prescribed by § 152.072 of this chapter, which delineates dedications which will not be vacated and dedications required as a condition to reversion.
(4) Evidence of one of the following:
(a) Consent of all the owners of an interest in the property, or
(b) That none of the improvements required to be made have been made within two years from the date the final map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later, or
(c) That no lots shown on the final map or parcel map have been sold within five years from the date such map was filed for record.
(B) Initiation of proceedings by City Council. The City Council on its own motion may, by resolution, initiate proceedings to revert property to acreage. The City Council shall direct the secretary of the Planning Commission to obtain the necessary information to initiate and conduct proceedings.
(C) Fees. Petitions to revert property to acreage shall be accompanied by a fee to cover the cost of processing and public hearing in an amount to be set from time to time by resolution of the City Council. If the proceedings are initiated pursuant to division (B) of this section, the person or persons who requested the City Council to initiate the proceedings shall be responsible for paying the fee established by resolution of the City Council. Fees are not refundable.
(D) Proceedings.
(1) Public hearings shall be held before the Planning Commission and the City Council on all reversions to acreage. Notice of the hearing shall be given not less than ten days before the date of the hearing in the following manner:
(a) By publication in a newspaper of general circulation in the city, and
(b) By mailing the notice to the owners of all real property within 300 feet of the property which is the subject of the application.
(2) The City Council may approve a reversion to acreage only if it finds and records in writing that:
(a) Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purpose, and
(b) Either:
1. The owner(s) of an interest in the real property within the subdivision have consented to reversion; or
2. None of the improvements required to be made have been made within two years from the date of the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later; or
3. No lots shown on the final or parcel map have been sold within five years from the date the map was filed for record.
(3) The City Council may require as conditions for reversion:
(a) The owner(s) dedicate or offer to dedicate streets or easements.
(b) The retention of all or a portion of previously paid subdivision fees, deposits or improvement securities, if the same are necessary to accomplish any of the provisions of this chapter.
(E) Return of fees, deposits; release of securities. Except as provided in division (D) of this section, upon filing of the final map for reversion to acreage with the County Recorder, all fees and deposits shall be returned to the subdivider and all improvement securities shall be released by the City Council.
(F) Recording of final map. After the hearing before the City Council and approval of the reversion, the final map shall be delivered to the County Recorder. The reversion to acreage shall be effective upon the final map being filed for record by the County Recorder. Upon filing, all dedications and offers of dedication not shown on the final map for reversion shall be of no further force and effect.
(`67 Code, § 11-7-1)