§ 12.25.050. Number of petitioners; contents of petition; fees; referral to planning commission.

A.

The owners of two-thirds of the total number of lots abutting the street or portion thereof proposed for closing may petition the city council to close a street under this chapter.

B.

The petition shall set forth the legal description of the street or portion thereof to be closed, and the facts to support the need for and the benefits of the proposed closing.

C.

The address and property interest of each petitioner shall be set forth in the petition.

D.

The city council may require the payment of a fee, specified by resolution, for filing a petition and for fees to defray the expenses of investigating and processing the proposed closing, including without limitation, verification of the legal description of the street or portion thereof to be closed, identifying all property owners of record abutting the street or portion thereof to be closed and mailings, publications, and posting under this chapter. All fees shall be paid upon filing an application; however, the amount of fees allocated for expenses after adoption of a resolution of intention are refundable should the city council fail to adopt such a resolution. Once a resolution of intention is adopted, no fees shall be refundable whether a street is closed or not. No fees shall be assessed for closings proposed on the motion of the city council or upon recommendation of the director.

E.

Upon filing of the petition and payment of the fee, if any, required under this section, the petition shall be referred to the director to verify the information therein.

F.

A petition which conforms to the requirements of this section, or a closing proposed by the city council or the director, shall be referred in writing to the planning commission for report and recommendation, with a requested time frame of no later than 90 days from the date referred. At a minimum, the information included in Section 12.25.060(B)(3), below, shall be sent to the planning commission for consideration.

(Ord. 6603 § 2 (part), 1994)