1. After recording an approved plat, it may be vacated by the owner of the land at any time before the sale of any lot therein, by a written petition to the Board of Aldermen, to which a copy of the plat is attached, indicating the area to be vacated.
2. When lots have been sold, but no buildings constructed thereon, the plat may be vacated in the manner provided in Subsection A1, above, by all the owners of lots in the plat joining in the execution of a written petition.
3. The petition shall be filed, together with the required filing fee, with the City Clerk, who shall give notice of the pendency of the petition in a public newspaper in the same manner as set forth in Article
III (Applications and Procedures), §
26-8 (Common procedures for all applications), Subsection
E (Notice) of this chapter.
4. If no opposition is made to the petition, the Board of Aldermen may vacate the same with such restrictions as it may deem necessary for the public good. If opposition is made, the petition shall be set down for a public hearing before the Board of Aldermen.
5. The Board of Aldermen may vacate any City-dedicated right-of-way, or part thereof, in a manner prescribed by law and upon determining that the public interest will be served by such action.
The petitioner or petitioner's representative for plat vacation shall record the plat according to §
(Recording of plat), and be required to comply with the same requirements as set forth in this chapter.