[R.O. 2011 §16.20.010; Prior Code §29-60; Ord. No. 6143 §1(part), 1997]
A. After
recording an approved plat, it may be vacated by the owner of the
land at any time before the sale of any lot therein, by a written
petition to the City Council, to which a copy of the plat is attached,
indicating the area to be vacated.
B. When lots have been sold, but no buildings constructed thereon, the plat may be vacated in the manner provided in Subsection
(A) of this Section by all the owners of lots in the plat joining in the execution of a written petition.
C. The
petition shall be filed together with the required filing fee with
the City Clerk who shall give notice of the pendency of the petition
in a public newspaper in the same manner as set forth in Article XV
of the Zoning Code.
D. If
no opposition be made to the petition, the City Council may vacate
the same with such restrictions as they may deem necessary for the
public good. If opposition be made, the petition shall be set down
for a public hearing before the City Council.
E. The
City Council may vacate any City dedicated right-of-way, or part thereof,
in a manner prescribed by law and upon determining that the public
interest will be served by such action.
[R.O. 2011 §16.20.020; Prior Code §29-61; Ord. No. 6143 §1(part), 1997]
The petitioner or petitioner's representative for plat vacation shall record the plat in the same manner as final plats are recorded and be required to comply with the same requirements (see Section
405.400).