§ 34.29. Procedure required for thoroughfare vacations.

A.

Request for Vacation. All requests for the vacation of thoroughfares in the City shall include the following.

1.

Petition. A petition signed by the owners of property abutting the thoroughfare for which the vacation is requested; "abutting" includes property at the end of such thoroughfare;

2.

Plat. An engineer's or surveyor's certified survey plat of the thoroughfare in question as required by R.C. § 711.39; and

3.

Fees. A nonrefundable fee of one hundred twenty-five dollars to cover the cost of investigating the possible vacation of the thoroughfare in question. An additional fee of twenty-five dollars for the cost of advertising shall be prepaid if not all owners of land abutting such thoroughfare to be vacated sign the vacation petition.

B.

Planning Commission Action. As provided in the City Charter, the City Planning Commission may approve or deny the requested vacation and, if approved, may add such conditions to the vacation as will protect the public interest. Such conditions shall be complied with before the effective date of the vacation of the thoroughfare in question.

C.

Further Procedures. The following alternate procedures are required if and after the requested vacation is approved by the City Planning Commission:

1.

The petitioners shall pay the remaining value of the public improvements or utilities to be abandoned in the thoroughfare in question. The petitioners shall also pay the estimated cost of restoration, relocation, replacement, or removal of curbs, paving, sewers, water, utility poles, wire or conduit lines, sidewalks, street signs, street trees, or other utilities, etc., where the vacated street may join a street to remain in place. The costs required shall be determined by the Director of Public Service and shall be prepaid to the city. The deposit for this work shall be made and the work completed before the effective date of the vacation of the thoroughfare in question.

2.

If the Department of Planning and Urban Development determines that the City paid its grantor the fair market value to acquire title to the thoroughfare in question, the petitioners shall deposit the nonrefundable fee of one hundred fifty dollars with the City to cover the cost of one competent real estate appraisal of the land that is proposed to be vacated. Such appraisal shall be made by one professional real estate appraiser selected by the city. The land comprising the thoroughfare in question shall be sold to the abutting property owners on a negotiated basis at not less than the market value determined by the appraisal described above. The price shall be paid, and subsection (C)(1) of this section complied with, before the effective date of the thoroughfare in question.

D.

Exceptions. Council may vary or suspend the above requirements as it deems it in the public interest where the petitioners are the United States of America or this state, or any political subdivision, taxing district, department, commission, board, institution, authority, or other agency of either.

(Ord. 504-1971)