This Section is enacted pursuant to the provisions of F.S. §§ 125.66 and 336.09, and is enacted for the purpose of establishing procedures to be followed when any person or persons request the closing or abandonment of a roadway, street, rights-of-way, or easement under the provisions of F.S. § 336.09.

A.

Any dedication or conveyance of real property for the purpose of streets, rights-of-way, access, ingress and egress, utilities and drainage which has been made on or by a plat, easement, deed, or other instrument of any kind which instruments have been approved by the Board of County Commissioners for filing of record in the Official Records of Washington County or which instruments conveys any interest in real property to the Board of County Commissioners for the purposes of the vacation, annulment, and/or abandonment of plats, or portions thereof, rights-of-way, and easements for utility and drainage purposes.

B.

Tire provisions of this Section shall apply to all plats, rights-of-way and easements under the jurisdiction and control of the Board of County Commissioners.

C.

The procedures for vacation of recorded subdivision plats are presented in Article VI of this Code, see Section 6.05.00. The procedures set forth in this section shall apply to applications for vacation of public rights-of-way, easements, etc., pursuant to F.S. § 177.101(3) which are not recorded through the platting process. Any petition to vacate a plat, or portion thereof, shall not require a public hearing.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023; Ord. No. 2026-01, § 1(Exh. A), 1-15-2026)

A.

Petitions for Abandonment of Rights-of-Way. Any person, governmental entity or business entity desiring to abandon the public's interest in and to any right-of-way shall be required to make application to the County pursuant to this Section. The application shall be on the petition form prescribed by the Planning Department and the information contained therein shall be verified by the petitioner under oath. Unless initiated by the County, any petition for abandonment of rights-of-way shall be signed by all owners of abutting property.

B.

Application Fee. The application fee shall be determined in accordance with Section 10.09.00.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

No right-of-way, road, street, or public accessway giving access to any publicly accessible waters in the County, shall be closed, vacated or abandoned except in those instances wherein the petitioner(s) offers to trade or give to the County comparable land or lands for a right-of-way, road, street or public accessway to give access to the same body of water, such access to be of such condition as not to work a hardship to the users thereof, the reasonableness of the distance and comparable land being left to the discretion of the Board of County Commissioners.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

Immediately prior to filing the petition to vacate right-of-way or easement with the Planning Department, the petitioner shall cause to be published a notice of intent in a newspaper of general circulation in the County once weekly for two (2) consecutive weeks. Such notice of intent shall state the intent of the petitioner to file a petition pursuant to this Section and in F.S. Ch. 177.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

In addition to any other information, the petition shall contain the following:

A.

Legal Description of Petition-site. A complete and accurate legal description of the petition-site.

B.

Type of Petition. A statement identifying the type of petition, the source of the County's or public's interest, together with a reference to the recording information for the petition-site. The type of petition may be for abandonment of:

1.

A County right-of-way;

2.

The public's interest in a private right-of-way; or

3.

A public easement.

C.

Location Map. A drawing measuring not less than eight (8) inches by fourteen (14) inches and not larger than eleven (11) inches by seventeen (17) inches which clearly and legibly identifies the location of the petition-site in relation to the nearest public right-of-way, excluding the petition-site, and all affected properties. The location map may be located on the survey in a separate block.

D.

Access to Affected Property. The petition shall contain a statement that to the best of the petitioner's knowledge, the granting of the petition would not affect the ownership or right of convenient access of persons owning other land located abutting the right-of-way or easement.

E.

List of Affected Persons. A list of all persons owning property adjoining or being served by the roadway, street, easement, etc., in question, including the person's address and telephone number.

F.

Federal or State Highway statement. The petitioner shall certify that the petition-site, or any portion thereof, is not a part of any state or federal highway and was not acquired or dedicated for state or federal highway purposes.

G.

Evidence of Title. The petition shall state the source of petitioner's ownership or interest in and to the petition-site, and a reference to the recording information for same. A copy of the source instrument shall be certified by the Clerk of the Circuit Court and attached to the petition.

H.

Evidence of Taxes Paid. The petition shall state that all state, municipal and County taxes on the petition-site have been paid. The certificate(s) of the Tax Collector's Office showing payment of same (as payment is defined in F.S. § 177.101(4)) shall be attached to the petition. If the petition-site or any portion thereof is tax-exempt, the petition shall so state and a copy of the tax roll from the Tax Collector's Office which shows such exemption shall be attached to the petition.

I.

Municipal Resolution. The petition shall state whether the petition-site lies within the corporate limits of a municipality, within the unincorporated area, or both. If any portion of the petition-site lies within the corporate limits of a municipality, the municipality shall first abandon its interest in the petition-site by appropriate resolution, and a certified copy of the municipal resolution shall be attached to the petition.

J.

Fees. The petition shall state whether the petition-site is subject to the application fee, the amount of the fee, and that the fee is submitted herewith.

K.

Justification. The petition shall detail the relevant reasons in support of the request and granting of the petition.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

A.

Review and Notification. Each petition shall be reviewed by the Development Administrator, and any governmental agency or affected County Office. Upon receipt, the Development Administrator shall distribute the petition to the reviewing departments and agencies. Within five (5) days of receipt of the petition, the reviewing departments and agencies shall submit a written report containing its findings and recommendations to the Development Administrator. Upon receipt of all written reports, the Development Administrator shall review the petition and reports and shall notify the petitioner in writing of any reasonable conditions to be performed prior to forwarding the petition and reports pursuant to paragraph (B) below. Within thirty (30) days of receipt of the Development Administrator's notification, the petitioner shall either comply with, agree and commit in writing to the conditions, or disagree in writing to the conditions.

Failure to respond to the Development Administrator's notification may result in a recommendation to deny the petition by the Development Administrator.

B.

Review by Board of County Commissioners. After expiration of the thirty-day period above or sooner, if conditions are not imposed, or, if imposed, are responded to by the petitioner in the manner set forth above, the Development Administrator shall forward the petition together with his/her findings and recommendations of same to the Board of County Commissioners for their review in accordance with this Section. The Development Administrator shall set the petition for public hearing in accordance with Section 10.02.09 unless the petition is not subject to a public hearing. If a public hearing is not required, upon its review, the Board shall adopt a resolution either approving or denying the petition. The Board may reject a petition if a petition covering the same lands had been considered at any time within six (6) months of the date the latter petition is submitted.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023; Ord. No. 2026-01, § 1(Exh. A), 1-15-2026)

A.

Generally. Pursuant to F.S. § 336.10, a public hearing shall be held for any petition for abandonment which affects County right-of-way and public easements for drainage which service a County right-of-way.

B.

Time and Place of Hearing. Tire Board of County Commissioners hereby exercises their authority, as set forth in F.S. § 336.09, by authorizing and directing the Development Administrator to establish a definite time and place to hold the public hearing required by F.S. § 336.10 and this Section and to publish the notice of the hearing.

C.

Publication of Notice of Public Hearing. Advertisement of such public hearing shall be as set forth in Section 10.02.08.

D.

Posting of Notice of Public Hearing. The Development Administrator shall notify the petitioner of the date and time of the public hearing and shall direct the petitioner to post the property with a notice of petition to vacate. The petitioner shall place the notice in a conspicuous and easily visible location, abutting a public thoroughfare, when possible, on the subject property at least ten (10) days prior to the public hearing.

E.

Mailing of Notice of Public Hearing. The Development Administrator shall mail a copy of the notice of public hearing to all affected property owners as described in Section 10.02.08.B.4.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023; Ord. No. 2026-01, § 1(Exh. A), 1-15-2026)

Upon adoption of a resolution approving a petition, a certified copy of same shall be filed in the Public Records in accordance with F.S. § 177.101 or F.S. § 336.10, whichever is applicable.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

A.

For County rights-of-way, upon the recordation of the proof of publication of notice of public hearing, proof of publication of the notice of adoption of the resolution, and a copy of the resolution in the Public Records, the interest of the right-of-way so closed shall be vested in accordance with provisions of F.S. § 336.12.

B.

For plats, or portions thereof, recordation in the Public Records of resolutions approving abandonment of a plat or a portion thereof shall have the effect of vacating all streets and alleys in accordance with F.S. § 177.101(5) and shall either return the vacated property to the status of unplatted acreage or shall vacate the first plat in accordance with F.S. § 177.101(1) or (2), as applicable.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)