Chapter 12.12
VACATION OF STREETS
Sections:
12.12.010 Initiation procedure.
12.12.020 Fixing hearing date.
12.12.050 Ownership of vacated property.
12.12.010 Initiation procedure.
The owner of owners of any interest in any real estate abutting upon any street or alley who desire to vacate the street or alley, or any part thereof, may petition the city council for a vacation, giving a description of the street or alley, or any part thereof, to be vacated, or the city council may, by itself, initiate by resolution such vacation procedure. [Ord. 707 §2, 1999].
12.12.020 Fixing hearing date.
The petition or resolution shall be filed with the city clerk-treasurer, and, if the petition is signed by the owners of more than two-thirds of the property abutting upon the part of the street or alley sought to be vacated, the city council by resolution shall fix a time when the petition will be heard, which time shall not be more than 60 days nor less than 20 days from the date of the passage of such resolution. [Ord. 707 §3, 1999].
12.12.030 Notice of hearing.
Upon the passage of the resolution by the city council fixing the date of hearing, the city clerk-treasurer shall give 20 days’ notice of the pendency of the petition by written notice in three of the most public places in the city of Palouse and a like notice in a conspicuous place on the part of the street or alley sought to be vacated. The notice shall contain a statement that a petition is on file to vacate the street or alley, or a part thereof, as described in the notice, together with a statement of the time and place fixed for the hearing on the petition. The hearing shall be a public hearing before the city council at which any interested person may appear for or against the proposed vacation. In all cases where the proceeding is initiated by resolution of the city council, and there is no petition, notice of the hearing shall be given as aforesaid, and in addition thereto notice shall be given by mail at least 15 days before the date fixed for the hearing to the owners or reputed owners of all lots, tracts, or parcels of land or other property abutting upon any street or alley, or any part thereof, that is sought to be vacated, as shown on the rolls of the County Treasurer, directed to the addressee thereon shown; provided, that if the owner or owners of 50 percent of the front footage of property abutting upon that part of a street or alley proposed to be vacated shall file written objection to the proposed vacation with the city clerk-treasurer, prior to the date of hearing, the city council shall be prohibited from proceeding with the resolution. [Ord. 707 §4, 1999].
12.12.040 Utility easement.
The city council may vacate a street or alley, or part thereof, if it determines the vacation is for the best interest of the public; provided, that the ordinance of vacation may provide that the city retain an easement or the right to exercise and grant easements in respect to the vacated street or alley, or part thereof, for the construction, repair, and maintenance of public utilities and services. [Ord. 707 §5, 1999].
12.12.050 Ownership of vacated property.
If a street or alley, or any part thereof, is vacated by the city council, and the street or alley, or any part thereof, was not owned in fee title by the city of Palouse, then the property so vacated shall belong to the abutting property owners, one-half to each. [Ord. 707 §6, 1999].
12.12.060 Compensating city.
No street or alley, nor any part, shall be vacated, and no vacation shall become effective until the owners or owner of the fee title to the property abutting upon the street or alley, or any part thereof, sought to be vacated, shall:
1. Compensate the city in an amount as established by the city council which does not exceed one-half of the appraised value of the area so vacated, except in the event the subject property or portions thereof were acquired at public expense, compensation may be required in an amount equal to the full appraised value of the vacation; and
2. Upon application for a vacation or partial vacation pay a nonrefundable application fee as established by resolution of the city council; and
3. Pay all costs for appraisals, property surveys and engineering services performed by persons or entities other than the city in connection with the petition for vacation or partial vacation; and
4. Pay all filing and recording fees incurred in connection with the petition for vacation or partial vacation. [Ord. 707 §7, 1999].