(A) Cause. Any final plat filed in the office of the County Clerk may be vacated or a portion of the final plat vacated if:
(1) The owners of the land proposed to be vacated sign an acknowledged statement declaring the final plat or a portion of the final plat to be vacated, and the statement is approved by the Board of County Commissioners; or
(2) The Board of County Commissioners finds that a plat was obtained by misrepresentation or fraud and orders a statement of vacation to be prepared by the county.
(B) Request for vacation. The vacation of all or a portion of a final plat shall be initiated by submittal of a request for vacation to the County Clerk along with the names of all owners of record of property within the subdivided land to be vacated and the names of all owners of record of property contiguous to the subdivided land to be vacated. The request for vacation shall be considered filed upon payment of the required administrative fee.
(C) Scheduling and notification. Within 60 days after the date of receipt of the request for vacation, the Board of County Commissioners shall approve or deny the vacation subject to the following:
(1) Action shall be taken at public meetings;
(2) At least 15 days before the proposed meeting, all owners of record of property of the subdivided land to be vacated and all owners of record of property contiguous to the subdivided land to be vacated shall have been notified by mail of the proposed vacation and the date, time, and place of the public meeting at which the vacation will be considered by the Board of County Commissioners; and
(3) Relevant utilities and other agencies have been notified.
(D) Action. In approving the vacation of all or a part of a final plat, the Board of County Commissioners shall decide whether the vacation will adversely affect the interests of persons on contiguous land or of persons within the subdivision being vacated. In approving the vacation of all or a portion of a final plat, the Board of County Commissioners may require that roads be dedicated to the county in the final plat continue to be dedicated to the county.
(E) Filing. The approved statement declaring the vacation of a portion or all of a final plat shall be filed in the office of the County Clerk. The County Clerk shall mark the final plat with the words "Vacated" or "Partially Vacated" and refer on the final plat to the volume and page on which the statement of vacation is recorded.
(F) Utilities. The rights of any utility existing before the total or partial vacation of any final plat are not affected by the vacation of a final plat.
(Ord. passed 5-1-2000)