Chapter 15.20
VACATION OF PLATS
Sections:
15.20.020 Vacation by proprietor before sale.
15.20.030 Partial vacation by proprietor.
15.20.040 Streets, alleys, and public grounds.
15.20.060 Vacation of lot owners – Petition – Notice.
15.20.070 Time of hearing – Notice.
15.20.110 Change of name of street.
15.20.120 Void plat – Action to annul.
15.20.010 Purpose.
The purpose of this chapter is the regulation and controlling of vacation of plats, to be cited as the “vacation of plats ordinance.” [Ord. 13, 1983. Code 2009 § 2-4-1.]
15.20.020 Vacation by proprietor before sale.
Any plat located within Black Hawk County, Iowa, may be vacated by the proprietor thereof with the consent of the Board of Supervisors at any time before sale of any lots, by a written instrument declaring the same to be vacated, executed, acknowledged, and recorded in the same office with the plat to be vacated, and the execution and recording of such writing shall operate to annul the plat so vacated, and to divest all public rights in the streets, alleys and public grounds described therein. In cases where any lots have been sold, the plat may be vacated, as provided in Iowa Code Chapter 354, by all the owners of lots joining in the execution of the writing aforesaid. [Amended during 2014 recodification; Ord. 13 § 1, 1983. Code 2009 § 2-4-2.]
15.20.030 Partial vacation by proprietor.
Any part of a plat may be thus vacated, provided it does not abridge or destroy any right or privilege of any proprietor in said plat, but nothing contained in this section shall authorize the closing or obstruction of highways. [Ord. 13 § 2, 1983. Code 2009 § 2-4-3.]
15.20.040 Streets, alleys, and public grounds.
When any part of a plat is vacated, the proprietors of the lots may enclose the streets, alleys, and public ground adjoining them in equal proportion, except as provided in BHCC 15.20.080 and 15.20.090. [Ord. 13 § 3, 1983. Code 2009 § 2-4-4.]
15.20.050 Correction of plat.
The recorder in whose office the plats are recorded shall write across that part of the plat so vacated the word “vacated,” and make a reference on the same to the volume and page in which the instrument is recorded. [Ord. 13 § 4, 1983. Code 2009 § 2-4-5.]
15.20.060 Vacation of lot owners – Petition – Notice.
Whenever the owners of any tract of land which has been platted into lots, and the plat of which has been recorded, shall desire to vacate the plat or a part thereof, a petition, signed by all the owners of it or the part to be vacated, shall be filed in the office of the clerk of the district court and notice shall be published once each week for three consecutive weeks in a newspaper of general circulation published within the County. [Ord. 13 § 5, 1983. Code 2009 § 2-4-6.]
15.20.070 Time of hearing – Notice.
After completion of notice, the court shall fix a time for hearing the petition and notice of the day, once so fixed, shall be given by the clerk for publication in a newspaper of general circulation published within the County not less than 20 days in advance of the date set for hearing. [Ord. 13 § 6, 1983. Code 2009 § 2-4-7.]
15.20.080 Decree.
At the hearing of the petition, if it shall appear that all the owners of lots in the plat or part thereof to be vacated desire the vacation, and there is no valid objection thereto, a decree shall be entered vacating such portion of the plat, and the streets, alleys, and avenues therein, and for all purposes of assessment such portion of the County shall be as if it had never been platted into lots; but if any street as laid out on the plat shall be needed for public use, it shall be excepted from the order of vacation and shall remain a public highway. [Ord. 13 § 7, 1983. Code 2009 § 2-4-8.]
15.20.090 Public lands.
Vacations made under this chapter shall not be construed to affect any lands lying within the County which have been dedicated or deeded to the public for parks or other public purposes. [Ord. 13 § 8, 1983. Code 2009 § 2-4-9.]
15.20.100 Replatting.
The owner of any lots in a plat vacated may cause the same and a proportionate part of the adjacent streets and public grounds to be replatted and numbered by the registered land surveyor in the same manner as is required for platting in the first instance, and when such plat is acknowledged by such owner, and is recorded as provided in Iowa Code Chapter 409, such lots may be conveyed and assessed by the numbers given them on such plat. [Amended during 2014 recodification; Ord. 13 § 9, 1983. Code 2009 § 2-4-10.]
15.20.110 Change of name of street.
The Board of Supervisors shall have authority to change by ordinance the name of a platted street. The Chairperson of the Board of Supervisors shall certify and file the ordinance, after its passage, with the County Recorder, Assessor and Auditor. The County Auditor shall make the proper changes on the plats found in the office of the Auditor. The County Recorder shall enter the instrument of record and make a reference on the margin of the original plat or upon a reference sheet or page attached to the original plat for that purpose. [Ord. 13 § 10, 1983. Code 2009 § 2-4-11.]
15.20.120 Void plat – Action to annul.
In case any plat shall be filed and recorded in violation of this chapter, the same shall be void, and the Chairperson of the Board of Supervisors, who shall be authorized to do so by resolution of the Board of Supervisors having authority to approve such plat, may institute a suit in equity in the district court, in which suit the court may order such plat expunged from the records. [Ord. 13 § 11, 1983. Code 2009 § 2-4-12.]
15.20.130 Construction.
This chapter shall be construed in conjunction with the statutes and common law providing for the vacation of plats in cities under the provisions of Iowa Code Chapter 354. [Amended during 2014 recodification; Ord. 13 § 12, 1983. Code 2009 § 2-4-13.]