11181-25 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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(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(2nd) 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. Sec. 18-53.10. - Notice of petition. (a) The City Clerk shall refer a copy of the petition for vacation to the Engineering Department and Department of Community Investment for review under Subsection 18- 53.9(a) of this Article. (b) The City Clerk shall give notice of the petition and of the time and place of the public hearing as provided by State law. Sec. 18-53.11. - Public hearing. (a) Within thirty (30) days of the filing of a petition for vacation with the City Clerk, the Common Council shall hold a public hearing on said petition. The Council shall consider and review all reports received from the Department of Community Investment/ Engineering Department, and/or other city personnel with required expertise and the Board of Public Works and shall hear remonstrances based on grounds set forth in IC 36- 7-3-13 or as otherwise set forth in I.C. 36-7-3 et seq. (b) After the hearing on the petition, the Common Council may vacate the property by ordinance. (c) Following approval by the Common Council and the Mayor, the City Clerk shall record, in the St. Joseph County's Recorder's office, a certified copy of the ordinance approving the petition for vacation. The City Clerk shall provide the petitioner a certified copy. (d) The City Clerk shall then notify the Board of Public Works, the South Bend Plan Commission, Department of Community Investment, the Engineering Department, the Bureau of Traffic and Lighting, the Street Department, the Police Department, the Fire Department, the County Auditor and appropriate Township Assessor's office, other necessary City or County Departments existing at the time of the vacation with similar responsibilities to the foregoing, and all relevant utilities or other service providers of the 2