§ 159.029 ABANDONMENT OF PUBLIC RIGHT-OF-WAY.
   (A)   Abandonment procedure. Any person desiring to seek abandonment of a public right-of-way by the city shall follow the procedures set forth in the section.
   (B)   Application content.
      (1)   An application for the abandonment of a public street or public alley right-of-way may be initiated only by the property owners abutting such right-of-way. The application shall contain the signatures of the owners all properties that abut the subject right-of-way, and shall include proof of such ownership.
      (2)   All public utilities must consent in writing to the abandonment.
      (3)   The application shall include a plat depicting the location and physical configuration of the right-of-way to be abandoned drawn to a scale that clearly defines the limits of the abandonment. The plat shall also contain a proper metes and bounds legal description, prepared by a registered surveyor, of the proposed abandonment. If the abandonment is approved, a copy of such plat shall be attached as an exhibit to the ordinance approving such abandonment.
   (C)   Process.
      (1)   Upon receipt of a complete application including all support documentation as required by division (A) above, a public hearing shall be scheduled with the Planning Board.
      (2)   Notice of the public hearing shall be provided to the owners of all property abutting the subject right-of-way.
      (3)   The Planning Board shall also consider the impact upon properties that do not physically abut the right-of-way sought to be abandoned, with special consideration being given to the ease and availability of access to such properties in the event the requested abandonment is approved.
      (4)   To be considered, written correspondence in favor of or in opposition to the request must be submitted on or before the date of the Planning Board’s public hearing.
      (5)   Upon recommendation by the Planning Board, the request shall be submitted to the City Commission for final action.
      (6)   Abandonment of right-of-way, if approved by the City Commission, shall be by ordinance, which shall be filed following adoption with the County Clerk.
      (7)   The Mayor is authorized to execute and deliver a quitclaim deed to any abutting property owner, for that portion of the abandonment, if requested by the property owner.
(Ord. 08-29, passed 10-21-2009)