The procedure for closing of a public way or easement within the city or any addition thereto is hereby established in this chapter. (2000 Code § 12-701)

A formal application from the property owners owning more than one-half (1/2) the total frontage on the public way or easement sought to be closed must be filed with the planning commission at the community services office. The community services department, planning commission, or city council may, on its own motion, move to close a public way or easement. The application shall consist of:

   A.   A completed application form prepared for use by the planning commission.

   B.   An ownership list reflecting the owners of record whose property abuts the public way or easement sought to be closed and such other owners of record whose property is within three hundred feet (300') in any direction from the public way or easement. The owners of record shall be taken from the current year's tax roll in the office of the county treasurer.

   C.   A filing fee in such amount as set by the council.

   D.   A map which indicates the public way or easement sought to be closed. This map shall also reflect the ownership lines for each owner of record whose name appears on the ownership list.

   E.   In those cases where action by a board of county commissioners is also required, a certified copy of an application to such board shall be provided. (Ord. 994, 5-10-2005)

A notice of hearing by the planning commission shall be mailed to each owner of record whose name appears on the list of property owners. A notice of hearing by the planning commission shall be given to the general public by one publication in a newspaper of general circulation within the city, not less than ten (10) days prior to the hearing. (Ord. 994, 5-10-2005)

   After the planning commission takes action on the application, an ordinance to close the subject public way or easement shall be submitted to the city council for final approval. (Ord. 994, 5-10-2005)

   The public way or easement shall be closed following approval by the city council of the proposed ordinance. (Ord. 994, 5-10-2005)