[Adopted by L.L. No. 5-2006 (Ch. 241, § 241-7, of the 1989 Code)]
The Common Council finds: there are certain streets, alleys
and rights-of-way in the City of Plattsburgh that are no longer used
or needed as a public thoroughfare; the abandonment of the City's
rights in such property will reduce the costs incurred for snow removal,
maintenance and liability insurance; the area and value of abutting
property will be increased. The Common Council further finds there
is no state law governing the abandonment of streets, alleys and rights-of-way
by cities, therefore, the City of Plattsburgh has the authority to
enact this law pursuant to the Municipal Home Rule Law.
As used in this article, the following terms shall have the
meanings indicated:
Property which has been conveyed or dedicated to the City
of Plattsburgh, or easements granted over property, or property which
has been used and occupied by the City of Plattsburgh for the purpose
of providing public vehicular or pedestrian access.
[Amended 8-17-2017 by L.L. No. 3-2017]
The City of Plattsburgh's right, title and interest in
a street, alley, or right-of-way may be abandoned, if:
A.
The street, alley, or right of way provides access only to a single
lot or parcel of land; or
B.
The street, alley, or right of way has not been used by the public
for vehicular or pedestrian access to a public street or other public
property for six or more consecutive years.
C.
And, the City Planner advises, and the Common Council concurs and
finds, that such street, alley, or right of way is not likely to be
needed for a public purpose, including access, now or at any time
in the foreseeable future.
[Amended 8-17-2017 by L.L. No. 3-2017]
Where a street right of way is wider than the improved surface
of the street, the City may abandon the unimproved part of the street
right of way, on one or both sides of the street, if:
A.
The City Planner advises, and the Common Council concurs and finds,
that full width of such street right of way is not likely to be needed
for use as a public street flow or at any time in the foreseeable
future; and
B.
The part of the street right of way that is not abandoned is not
less than 49 1/2 feet in width.
[Amended 8-17-2017 by L.L. No. 3-2017]
The City of Plattsburgh may reserve easements in the abandoned
streets, alleys and rights of way for utility and communication lines.
[Amended 8-17-2017 by L.L. No. 3-2017]
A street, alley or right-of-way shall be completely or partially
abandoned in accordance with the following procedure:
A.
Written notice shall be given to the property owners who abut that
part of the street, alley or right of way that is proposed to be abandoned
by certified mail addressed to, or personal service upon, the owner
of the property listed on the City's real property tax roll. Such
notice shall include a map showing the property proposed to be abandoned.
Such notice shall state the date, time and place the Common Council
intends to act on the proposed abandonment.
B.
Notice of the proposed abandonment shall be served upon the abutting
property owners, and published one time in the City's official newspaper,
not less than 10 days, or more than 20 days, before the date the Common
Council proposes to act on the proposed abandonment.
C.
The Common Council may postpone action on the proposed abandonment
during the meeting stated in the notice, provided action may not be
postponed for more than 15 days without notifying the abutting owners
and publishing a new public notice under this section.
D.
The street, alley or right of way may be fully or partially abandoned
only with the affirmative vote of a majority of the entire membership
of the Common Council.
E.
Upon the adoption of a resolution or ordinance abandoning all or
part of a street, alley or right of way, the Mayor and City Planner
shall sign a Certificate of Abandonment in a form approved by the
Corporation Counsel. Said certificate of abandonment shall be recorded
in the office of the Clinton County Clerk and filed among the public
records of the City Clerk.
F.
After filing the certificate of abandonment, the Mayor may execute
a quit claim conveying the abandoned street, alley or right of way
to the abutting owner(s).
A.
Where there are abutting owners on two sides of an abandoned street,
alley or right-of-way, each of the said owners shall acquire title
from the bounds of his property to the center line of the abandoned
street, alley or right-of-way.
B.
Upon filing and recording the certificate of abandonment, the City
of Plattsburgh shall have no obligation to maintain, improve, clear
or keep open the abandoned property, except such duties and obligations
as it may have with respect to any reserved easements in the property.
