12.10.010 Petition for vacation.
A. Petitions authorized. The owners of an interest in any real estate abutting upon any street desiring to vacate the street, or any part thereof, may petition the City Council to make such vacation. The term “street” when used in this chapter shall include streets, alleys, public ways, easements, and any other forms of public right of way.
B. Elements of petition. The vacation petition shall include the following:
1. Affidavits on forms provided by the city engineer signed by the owners of more than two-thirds of the property abutting upon the part of such street sought to be vacated (based on front footage), or underlying the public easement (based on square footage);
2. The vacation petition fee as established by ordinance;
3. Any additional information or material that the city engineer determines is reasonably necessary for the city council to consider the requested vacation, including but not limited to a legal description of the area to be vacated prepared by a licensed surveyor.
C. Filing of petition. The petition shall be addressed to the City Council and filed with the Finance Director together with the fee for the petition. The Finance Director shall refer the petition to the city engineer and the Public Works Committee.
D. Review by Public Works Committee. The committee shall confirm that the petition complies with Section 12.10.010(B) and report back to the city council with its recommendation for or against the requested vacation. The committee’s report should include recommendations on the appraisal method, compensation, reserved easements, and any findings required by Section 12.10.090 (waterfront streets). The committee in making its recommendations should also consider criteria developed by the city engineer to evaluate the effects of the requested vacation on vested rights and the city’s transportation and utility systems.
E. Council action on petition or resolution for vacation. Upon receipt of a Public Works Committee report verifying that the vacation has been requested by the owners of two-thirds of the abutting property, the City Council shall adopt a resolution fixing a time when the petition will be heard and determined, which time shall not be more than sixty days nor less than twenty days after the date of the passage of the resolution. Where the city council has initiated a vacation by resolution, without a petition by the owners of more than two-thirds of the abutting property, the time for the hearing may be set in the resolution initiating the vacation process.