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20-24 Amending Ordinance No. Chapter 18, Article 5, of the South Bend Municipal Code
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20-24 Amending Ordinance No. Chapter 18, Article 5, of the South Bend Municipal Code
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(a) Any person interested in vacating all or part of a city street or alley or any other public <br /> place or way within the City shall initiate the process through the Engineering Department <br /> with a pre-application. The pre-application shall be evaluated based on criteria approved <br /> by the Board of Public Works. The Engineering Department and Department of <br /> Community Investment shall review the applicant request and provide a staff <br /> recommendation. <br /> (b) Any request receiving a favorable staff recommendation will be forwarded to the <br /> Engineering Department and processed for an upcoming Board of Public Works agenda <br /> for the Board's review and recommendation, upon payment of a review fee of Three <br /> Hundred Dollars($300.00). The Engineering Department shall also generate a radius map <br /> highlighting the area proposed for vacation, a legal description of that same area as well as <br /> a list of addresses within 150 feet of the property, including all properties within the block <br /> containing the vacation petition, and send the request to all applicable City Departments <br /> for review. <br /> (c) The Engineering Department will send requests with an unfavorable staff recommendation <br /> to the applicant including suggestions for improvement. Any person wishing to continue <br /> a vacation request with the Board of Public Works without a favorable staff <br /> recommendation, should contact the Engineering Department. <br /> (d) The Board of Public Works reviews the request and provides a recommendation, including <br /> any improvements or contingencies. For favorable recommendations, the Board will <br /> include a draft ordinance for filing with the Clerk's Office. The Board Clerk shall forward <br /> a copy of all Board recommendations to the Clerk's Office within fourteen (14) days of <br /> Board action. <br /> Sec. 18-53.8. - Petition for vacation; fees; ordinance to approve. <br /> (a) Within 90 days of review by the Board of Public Works,any person interested in <br /> vacating all or part of a City street or alley or any other public place or way within the <br /> city shall file a petition for vacation and a proposed ordinance approving said petition <br /> with the office of the City Clerk. The Engineering Department shall review the petition <br /> for any changes since the petition was reviewed by the Board of Public Works. Petition <br /> requests received greater than 90 days since Board of Public Works review must return to <br /> the Engineering Department for further action. <br /> (b) The petition for vacation and the proposed ordinance shall be accompanied by the <br /> following when filed: <br /> (1) The nonrefundable sum of one hundred fifty dollars ($150.00) cash or check to cover <br /> costs of legal advertising,a4 recording, and related expenses. This amount shall be <br /> paid to the Ordinance Violations Bureau Clerk prior to filing the petition for vacation <br /> and proposed ordinance with the City Clerk. <br /> (2) Two (2) sets of certified, stamped, and addressed envelopes to each owner whose <br /> property is within one hundred fifty (150) feet of the exterior boundaries of such <br /> property proposed to be vacated including all properties within the block containing <br /> the vacation petition. <br /> 2 <br />
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