§ 30-333. Application

(a)    Applications may be filed by the owners of record of property, or their representatives, abutting any right-of-way or easement, or portion thereof, sought to be vacated.  All applications for vacating, abandoning, or discontinuing any public street, alley, canal, easement, or other non-fee interest of the City shall be in writing on a form provided by the City, and shall include the following information:

(i)     Name(s) and address(es) of applicant(s);

(ii)    Copy(ies) of deed(s) to the property(ies) containing or abutting the proposed vacation, abandonment, or discontinuation, or such other evidence of title acceptable to the City;

(iii)    A list of the name(s) and address(es) of all persons owning property along the public street, alley, canal, easement, or other non-fee interest of the City sought to be vacated, abandoned, or discontinued;

(iv)    A survey and legal description of the public street, alley, canal, easement, or other non-fee interest of the City, or portion thereof, sought to be vacated, abandoned, or discontinued;

(v)     A survey of any existing structures, buildings, fences, and similar items, or engineering plans describing a proposed development, which provides the rationale and justification to support the application, if applicable.

(vi)     A written statement setting forth the reason(s) to support the requested vacation, abandonment, or discontinuation.

(vii)    Letters from the local utility providers approving of the request.

(viii)   Any other information required by the City based upon the nature of the requested vacation, abandonment, or discontinuation.

(b)    All property owners abutting the public street, alley, canal, easement, or other non-fee interest of the City, or portion thereof, sought to be vacated, abandoned, or discontinued who agree or consent thereto must join and sign such application or execute a consent form.  If any abutting property owners object to the application, the application shall disclose the name(s) and address(es) of those property owners.

(c)    Each application shall be accompanied by any required filing fee. The amount of the filing fee shall be based upon the actual cost to provide all notices contained in Sec. 30-335 and staff time to process the application and record any adopted ordinance in the public records.

(d)    The City shall accept only complete applications for review and processing.  All applicable timelines shall commence when the City receives a complete application.  Whether an application is complete will be determined by the City Manager or his/her designee.

(e)    If the City is the applicant for the proposed vacation, abandonment, or discontinuation, the City must determine the owners abutting the public street, alley, canal, easement, or other non-fee interest of  the City prior to undertaking any action and must comply with the notice requirements contained in Section 30-335.

(Ord. No. 1081, § 1, 12-4-13)