Any landowner whose land abuts on any street, alley, lane, road or other designated travel way seeking to close, abandon, discontinue for public use any part or all of such right of way shall file:
(a) A petition to Council;
(b) The petition shall be accompanied by an accurately scaled map of such right of way;
(c) A list of all owners of property abutting on such right of way;
(d) A filing fee of twenty-five dollars ($25.00);
(e) Before acting to close, abandon, discontinue for public use any part or all of such right of way, the Council shall accept the petition and refer it to the City Planning and Zoning Commission to fix a time and place for a public hearing on the petition. Such public hearing shall be held not less than fifteen days after the date and place have been so fixed. The Planning and Zoning Commission 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 West Virginia Code Article 59-3. The notice shall be published at least fifteen days before such hearing. The applicant shall 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 such street, alley, lane, road or other designated travel way. The affidavit of publication of such notice shall be filed with the Planning and Zoning Commission at or before the hearing as a part of the record in the proceedings. After considering the evidence presented at the public hearing as well as any other documented evidence which may come before the City Planning and Zoning Commission, the Commission shall report its recommendations to Council at the next Council meeting.
(f) The petitioner shall be liable for the cost of appraisals, or any other incidental fees such as recordation, abstraction and map or plat preparation costs.
(g) Upon receipt of the Planning and Zoning Commission's recommendations, the matter shall be referred to the Committee on Finance and the Committee on Streets with instructions to report their recommendations to Council for further consideration of the matter. Council shall direct the preparation of an ordinance in the manner prescribed by law. Council shall then vote on passage or rejection of the ordinance by a simple majority vote of the members present at a regular or special meeting at which a quorum is present.
(Ord. 83-5. Passed 5-16-83.)