In the course of development it often becomes necessary to abandon easements established for various purposes and public rights-of-way for alleys and streets. It is the purpose of this chapter to establish principals and procedures to guide the abandonment of such easements and rights-of-way.

(Ord. 98-962 § 1 (part))

Application for an abandonment shall be filed with the zoning administrator or designated representative, on a form prescribed by the commission. The application shall be full and complete, and shall be accompanied by any legal documents, maps, plats, surveys or other legal instruments deemed necessary to describe the abandonment location and possible impacts.

(Ord. 98-962 § 1 (part))

The application for an abandonment shall be accompanied by a filing fee in an amount established by a schedule adopted by resolution of the city council, and filed in the offices of the city clerk. No part of the filing fee shall be returnable. Payment of the filing fee shall be waived when the petitioner is an official or agency of the city, county, state or federal government.

(Ord. 98-962 § 1 (part))

A.

Upon receipt of the application, the zoning administrator or designated representative shall check it for completeness. If incomplete, the application shall be returned to the applicant. If complete, the zoning administrator or designated representative shall distribute copies of the abandonment and supporting information to the reviewing offices listed below, as applicable.

1.

Utility companies as applicable;

2.

Bullhead City Fire Department;

3.

City Utilities Department

4.

City Engineer and/or Floodplain Administrator;

5.

City Police Department;

6.

Mohave County Cartography;

7.

Mohave County Health Department;

8.

All adjacent property owners;

9.

Other agency as applicable.

B.

The reviewing agencies shall be given ten working days to respond to the request for comments. If a reply is not received by the specified date, it shall be considered a "no objection" reply.

(Ord. No. 2022-03, § 1, 1-18-2022; Ord. 98-962 § 1 (part))

The zoning administrator or designated representative shall forward a report to the planning and zoning commission, together with a summary of all comments received and a proposed resolution of abandonment. The commission shall take action during a public hearing and forward a recommendation to the city council.

(Ord. 98-962 § 1 (part))

The zoning administrator or designated representative, shall forward a report to the city council, together with a summary of the planning and zoning commission's action, all comments received and a proposed resolution of abandonment or final subdivision plat. The council may abandon unnecessary easements, rights-of-way, and other city-owned properties by a resolution of abandonment or approval of a final subdivision plat which, by its terms, authorizes and allows an abandonment. In any case in which the city council acts to approve an abandonment, alternate dedications may be received and accepted by the council. The council action shall be considered final.

(Ord. 2000-1069 § 1: Ord. 98-962 § 1 (part))