07-25 Amending Chapter 18, Article 5 of the South Bend Municipal Code to Update the Procedures for Vacation of Public Ways and Public Places

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(c) Upon payment of a review fee in the amount of Three Hundred Dollars ($300.00), the applicant may forward their request for vacation to the Board of Public Works for the Board's review and recommendation. After payment of the fee referenced in this Section, the Engineering Department shall generate a radius map highlighting the area proposed for vacation, a property description of that same area, and a list of addresses within 150 feet of the property,including all properties within the block containing the vacation petition.The request will be sent to all applicable City Departments for review. (d) The Board of Public Works shall review the request and provide a recommendation, including any improvements or contingencies.The Board will include a draft ordinance for filing with the Clerk's Office. The Board Clerk shall forward a copy of all Board recommendations to the Clerk's Office within fourteen(14) days of Board action. Sec. 18-53.9. - Petition for vacation; fees; ordinance to approve. (a) Within 90 days of review by the Board of Public Works, any person interested in vacating all or part of a City street or alley or any other public place or way within the city shall file a petition for vacation and a proposed ordinance approving said petition with the office of the City Clerk. The Engineering Department shall review the petition for any changes since the petition was reviewed by the Board of Public Works. Petition requests received greater than 90 days from the date of the Board of Public Works' recommendation will not be accepted. (b) The petition for vacation and the proposed ordinance shall be accompanied by the following when filed: (1) One(1) set of certified, stamped, and addressed envelopes to each owner whose property is within one hundred fifty (150) feet of the exterior boundaries of such property proposed to be vacated including all properties within the block containing the vacation petition. A second(2°d) set of certified, stamped, and addressed envelopes may be required, at the expense of the petitioner, should the bill be tabled and require another notice of public hearing. (2) A brief statement as to the reason(s) for the vacation petition, the proposed use of the vacated property, and information provided by City staff during review, including: a description of the property proposed to be vacated, and the names and addresses of all owners whose property is within one hundred fifty (150) feet of the exterior boundaries of such property proposed to be vacated, including all properties within the block containing the vacation petition. The Petitioner shall gather signatures from fifty-one percent(51%) of the property owners whose property lines will be affected by the proposed vacation. If a Petitioner is unable to make contact with sufficient property owners to meet this requirement, the requirements of this subsection may be met by providing evidence that the Petitioner has notified any property owner whose property lines will be affected by the proposed vacation of the proceedings under this Article. (3) A nonrefundable filing fee in the amount of One Hundred Fifty Dollars ($150.00). (c) If a vacation proceeding under this Article is terminated, a subsequent vacation affecting the same property and requesting the same relief may not be initiated for two (2) years. 2