Chapter 12.50
VACATIONS
Sections:
12.50.020 Application procedures.
12.50.010 Generally.
A request to vacate a public street, alley, easement, plat or public place shall be subject to the provisions of Chapter 271 ORS, which requires the holding of a public hearing. Vacations may be initiated either by petition pursuant to ORS 271.080 or on the council’s own motion, pursuant to ORS 271.130. [Ord. 13-O-711 § 3.]
12.50.020 Application procedures.
Petitioners or persons requesting the council to initiate a vacation on its own motion, pursuant to ORS 271.130, shall file an application which shall contain the following:
A. Vicinity map drawn to scale of one inch equals 1,000 feet identifying the area proposed to be vacated and adjoining properties;
B. Legal description of area proposed to be vacated;
C. County assessor’s parcel maps of the proposed vacation area identifying abutting and affected properties. Identified upon the assessor’s parcel maps shall be those abutting and affected properties whose owners have consented to the proposed vacation;
D. Consent to vacate forms completed and signed by all consenting property owners within the abutting and/or affected area;
E. Names and addresses of all abutting and/or affected property owners, including map and tax lot numbers, prepared on mailing labels;
F. Written findings of fact prepared by the petitioner(s) or the petitioner(s)’ representative;
G. The application shall be accompanied by a filing fee in the amount established by general resolution of the city council, no part of which is refundable. [Ord. 13-O-711 § 3.]
12.50.030 Vacation criteria.
A request to vacate will be reviewed by the site plan committee to verify consistency with city ordinances and policies. If the planning staff determines the proposed vacation affects any of the Brookings comprehensive plan statewide planning goal policies, the vacation request will be heard by the planning commission who will make a recommendation to the city council. In these cases, the vacation matter will be processed as a land use decision and notice will be provided as required by Chapter 17.84 BMC, Public Hearings Notice Procedures.
A request to vacate that is determined not to be a land use decision will be considered by the city council following a determination based upon the findings prepared and submitted by the petitioner(s), which shall address the following criteria:
A. Compliance with the comprehensive plan, circulation element or other applicable sections of the document.
B. If initiated by petition pursuant to ORS 271.080, the council shall make the determinations pursuant to ORS 271.120 based upon evidence provided by the petitioner(s) in the written findings.
C. If initiated by the city council on its own motion pursuant to ORS 271.130, a determination shall be made that the vacation will not substantially affect the market value of all such abutting property to the area proposed to be vacated, unless the city council proposes to provide for paying such damages.
D. Nothing in this chapter shall cause or require the removal or abandonment of any public or private sewer, water main, gas main, conduit of any kind, wire, pole or object used or intended to be used for any public service and the right hereby is reserved for the owner of any such utility or object to maintain, continue, repair, reconstruct, renew, replace, rebuild or enlarge all utilities and objects. [Ord. 13-O-711 § 3.]
12.50.040 Recording costs.
Pursuant to ORS 271.150, following an action by the city council to vacate an area, such enacting ordinance vacating any street, alley, easement, plat or public place shall be recorded with the county clerk, together with any maps, plat or other record in regard thereto. The petitioner(s) for such vacation shall bear the recording cost and the cost of preparing and filing the certified copy of the ordinance and map. [Ord. 13-O-711 § 3.]