9.8710 Vacations, Application Requirements.
(1) Vacation of unimproved public easements shall be considered in accordance with the Type I Application Procedures contained in EC 9.7000 through 9.7925 and the approval criteria contained in EC 9.8715. In the case of public utility easements, statements of concurrence with the vacation from affected utility providers must be submitted with the application.
(2) Vacation of improved public easements, unimproved public right-of-way, and vacation and rededication of unimproved public rights-of-way, except improved public easements and public right-of-way located within undeveloped subdivision or partition plats, shall be considered in accordance with the Type II Application Procedures contained in EC 9.7000 through 9.7925 and the approval criteria contained in EC 9.8720. In the case of public utility easements, letters of concurrence to the vacation from affected utility providers must be submitted with the application.
(3) Vacation of any public way acquired with public funds, vacation of improved public right-of-way, and vacation of undeveloped subdivision and partition plats, or parts thereof, including public right-of-way and improved public easements located therein, shall be considered and decided upon by the city council in accordance with the procedures contained in EC 9.7445 through 9.7455 and the approval criteria contained in EC 9.8725.
(4) All applications shall be accompanied by the application fee established by the city manager pursuant to Chapter 2 of this code, and an additional amount sufficient to pay the expenses related to publication of the vacation notice.
(5) In addition to payment of the application and publication fees referenced in subsection (4) above, a vacation of improved or unimproved public right-of-way, any public way acquired with public funds, or any undeveloped subdivision or partition plat, or portions thereof, shall require the payment by the applicant of a deposit equal to the assessment of special benefit that results from the vacation and disposition of property to the benefitted property owners.
(a) The assessed value of special benefit and the amount of money to be deposited shall be determined by the city manager. The assessed value of special benefit shall include:
1. The value of the real property; and
2. The costs incurred by the city in the construction of public improvements.
(b) Notice of the proposed assessment for benefits shall be given by mail to the owners of the property to be assessed no less than 20 days prior to the public hearing of the vacation application before the city council, or in the case of Type II applications, 10 days prior to the issuance of the Planning Director’s decision. The notice shall contain a statement of the names, addresses, and the amount of the proposed assessment of each land owner’s special benefit by the vacation. Where a public hearing is required, the notice shall also include the hour, date, and place of the public hearing at which the city council will hear objections to the vacation or assessment.
(c) At least 5 working days prior to the public hearing, or in the case of a Type II application, 5 working days prior to the decision, the land owner shall deposit with the city the sum of money called for by this subsection (5).
(d) If the vacation application is approved, the deposit shall be retained by the city. If the vacation application is denied, the deposit shall be returned to the land owner.
(6) For vacations of improved or unimproved right-of-way, the application must include the required consent from surrounding property owners as set forth in ORS 271.080(2).
(7) For vacations of unimproved public easements and improved public easements, the application must include the signatures of all property owners and owners of property adjacent to the easement being vacated.