[Adopted 5-9-1983 by Ord. No. 861 (part of Ch. 7 of the
revised 1958 Code)]
The Borough of Tyrone shall have authority, by ordinance, to vacate or close any street or portion thereof previously opened or laid out, in accordance with the procedure established in § C-29 of the Charter.
Any person or persons constituting a majority in number and interest of the owners of the real estate abutting upon any street or portion thereof may petition the Council to vacate such street or portion thereof. The Council shall hold a hearing upon such petition following at least 15 days' personal notice to all owners of abutting real estate not joining in such petition and following at least 15 days' notice thereof in a newspaper of general circulation in the Borough. Following such hearing, the Council shall either, by motion, deny such petition or, by ordinance, vacate such street or portion thereof. All provisions of § 172-1 hereof applicable to ordinances enacted by authority of that section shall apply to ordinances enacted by authority of this section; provided, however, that any petition for the vacation of any street or portion thereof may release the Borough from all damages sustained as a result of such vacation if such petition is signed by the owners of all the property abutting upon such street or portion thereof, and where any such release shall have been included in such petition, no proceedings for any award of damages shall be had and no damages as a result of such vacation shall, under any conditions, be awarded to any abutting property owner.
If the parties cannot agree upon the damages sustained by reason
of the vacation of any street or portion thereof, such damages shall
be assessed by a jury of view under the law governing eminent domain.
When a street or portion thereof shall have been vacated, all
public right in or to such street or portion thereof shall cease,
but such vacation shall not affect any private rights acquired by
any of the owners of abutting property.
