Title 18 - Unified Development Ordinance

18.140.320 Consideration of Vacations

1. A.
   Applications to vacate a street, alley, utility easement or other public reservation by ordinance may only be considered at a public hearing following notice to surrounding property owners as provided in Section 18.140.080 and publication notice as hereinafter provided. Notice shall be published for two consecutive weeks in an official City newspaper. The notice shall state that an application for vacation has been filed in the office of the City Clerk, describing the property fully, and that a hearing thereon before the Governing Body will be held on a date certain after the completion of such publication notice, naming the day on which the hearing will be held, and that at such time and place all persons interested can appear and be heard concerning the application.
2. B.
   The Governing Body or the Director of Planning and Development Services may determine that it would be advisable to obtain the recommendation of Planning Commission concerning a vacation application prior to the public hearing before the Governing Body. In that event, the Planning Commission shall hold its own public hearing on the application following publication notice and notice to surrounding property owners in accordance with the provisions of Sections 18.140.070 and 18.140.080, respectively. At the conclusion of any such hearing, the Planning Commission shall submit its recommendation on the application to the Governing Body.
3. C.
   At the time designated in the publication notice for its hearing, the Governing Body shall proceed to hear the application, or may adjourn the hearing from time to time to some day and hour certain, as deemed necessary, and which adjournment shall be noted upon the record of the proceedings thereof. At the hearing, the Governing Body shall hear such testimony as may be presented or required in order to fully understand the true nature of the application and the propriety of granting the same.
4. D.
   The Governing Body shall approve the application if it determines from the evidence that:

   1. 1.
      Due and legal notice has been given by publication as required herein.
   2. 2.
      No private rights will be injured or endangered by the vacation.
   3. 3.
      The public will suffer no loss or inconvenience thereby and that in justice to the applicant or applicants the application should be granted.
5. E.
   An application shall not be granted if, at the time of or before the hearing, a written objection thereto is filed with the Governing Body by any owner or adjoining owner who would be a proper party to the application, but has not joined therein.

(History: Ord. ZRR-2343 §29, 2002; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901