[Adopted 12-2-1991 by Ord. No. 23-1991]
The purpose of this article is to fix fees and
establish procedures for the orderly administration of city process
when private individuals solicit the city to vacate certain street
or alleys. The further purpose of this article is to ensure that the
city is compensated for its time and costs when private individuals
petition the city to vacate certain streets or alleys.
[Amended 2-17-1999 by Ord. No. 6-1999; 11-7-2022 by Ord. No. 20-2022]
Any individual who seeks to have the City of
Pleasantville vacate any municipally owned street or alley not needed
for public use shall first obtain from the Pleasantville Tax Assessor's
Office a request for street/alley vacation form. The individual shall
then complete this form and return it to the Tax Assessor's Office,
together with a fee in the amount of $500 and not to exceed $2,500
for administrative cost. In addition, the requestor is responsible
for the cost associated for a survey.
The Pleasantville City Council reserves the right to request an additional fee of up to $2,000. Such additional fees shall be calculated at the rate of $0.50 per square foot of area being vacated to a maximum of $2,000. Any such additional fee shall be payable before the second reading of said vacation ordinance. The disposition of the additional fee shall be governed exclusively by the provisions of § 255-41.
When the vacation request is acted upon, disposition
of the request form fee(s) shall be as follows:
A.
In the event that the City Council decides that the
street or alley shall not be vacated, the request form fee(s) shall
be returned to the individual who made the request by the Tax Assessor.
B.
In the event that the City Council decides to fulfill
the request and grant the vacation, said vacation request form fee(s)
shall be forfeited to the city to cover the costs incurred by the
city in preparing the necessary paperwork and in taking the necessary
steps for the introduction and publication of the vacation ordinance
and shall not be considered a selling price for the property vacated.[1]
