§ 138-9. Vacating and abandoning streets.

(a)

In order to initiate a petition for the abandonment of any street or portion of any street, the petitioner or petitioners shall submit a petition to the commissioner of public works, which shall consist of the following:

(1)

Name and addresses of petitioners; and a statement that the petitioner owns or is the agent of one who owns property that abuts the parcel under consideration.

(2)

Survey or plat of the area to be abandoned, prepared by a registered surveyor in a manner suitable for filing, and reviewed and approved by the department of public works. The plat shall show the right-of-way divided on a pro-rata basis among the abutting property owners;

(3)

Legal description and area in square feet of each parcel of the subdivided right-of-way to be abandoned;

(4)

Name and mailing address of each abutting property owner(s) property tax identification numbers, deed book and page number of all recorded deeds and plats for each abutting property;

(5)

A fee of $2,500.00 for abandoned streets abutting the development of residential subdivisions or commercial or industrial tracts, or a fee of $2,000.00 for abandoned streets abutting individual residential lots, which fees shall be applied to the cost of the appraisal of the parcel and advertisement of the proposed abandonment which shall be deposited in account number 3P02491102M22F03349999.

(6)

A signed certification of intent from the petitioners and each abutting property owners that they intend to acquire title and compensate the city for the fee simple fair market value of the pro-rated portion of the right-of-way abutting their property, if abandoned, in exchange for the consideration of the petition and acknowledgment that if the property owner fails to acquire title and complete the transfer after the abandonment, the city may place a lien upon the property in an amount equivalent to the fair market value; and

(7)

If a property owner is unwilling to acquire his pro-rata share of the right-of-way to be abandoned, that property owner may agree that his share may be paid for and/or acquired by another abutting property owner as long as the right-of-way in question is contiguous to the property to which it is to be joined; and

(8)

Any other information deemed necessary or appropriate by the commissioner of the department of public works.

(b)

Upon a determination that the petition is complete or legislation has been introduced by a member of the council, the commissioner of public works or his designee shall do the following:

(1)

Notify all abutting property owners and others known affected persons or groups by certified mail of the petition to abandon said street and of their right to respond to the petition. Those notified shall be allowed 30 days to respond.

(2)

Notify of the petition to abandon the street(s) and receive responses from: City agencies and other public agencies, including police, fire, planning, traffic and transportation, water, MARTA, the Georgia Department of Transportation, Highways and Streets, and Grady Hospital; all affected city public schools and neighborhood planning unit(s); all utilities and others with facilities located in the street(s) to be abandoned; and any other persons the commissioner of public works deems, in his discretion, should receive notice of the proposed abandonment.

(3)

Review existing records and make a site visit.

(4)

Post appropriate signage notifying the public of the proposed abandonment.

(5)

Evaluate the responses, documents, and findings from abutting property owner, affected person, and petitioner and determine, based on criteria established by the commissioner, whether the street in question is no longer necessary as a public right-of-way and whether the petition for a street abandonment can be accommodated.

(6)

Advise the petitioner on the feasibility of abandoning the street and if the petition for abandonment is not feasible, advise the petitioners on what must be done to make it feasible.

(7)

Request of the refund of the fee paid pursuant to this section if the commissioner of public works does not recommend the street abandonment.

(c)

Upon a determination by the commissioner of public works that the street is no longer necessary for the public's use and convenience as a public right-of-way, and that the conditions outlined in this section have been fulfilled, the commissioner of public works shall submit an abandonment ordinance to the council for consideration. An ordinance cannot be considered until the provisions outlined in this section have been fulfilled.

(1)

The fees described in section this section may be waived by ordinance of the council upon recommendation by the purchasing agent; or

(2)

In the event that the value of the abandoned right-of-way parcels are determined to be equal to or less than the cost of conducting an appraisal, the council may waive the requirement for an appraisal and may declare that the fair market value shall be an amount equal to the square foot unit value of the abutting property as determined by the most recent appraisal by the appropriate county tax commissioner.

(d)

All legislation related to street abandonments shall originate in the city utilities committee as a committee paper. The city utilities committee shall not consider legislation for abandonment of public right-of-way unless the conditions outlined in this section have been met.

(e)

In order to vacate or abandon any street or a portion of any street, an ordinance prepared by the department of public works declaring the intent of the city to abandon the street or a portion of the street which, in the judgment of the council, has ceased to be used by the public to the extent that no substantial public purpose is served by it or is no longer needed for public road purposes shall be passed by the council. There shall be attached to the ordinance a plat or sketch showing the street or portion of the street to be vacated or abandoned, and indicating which sections shall be acquired by which affected parties.

(f)

Prior to consideration of the ordinance shall authorize and require an advertisement shall be published in at least one of the daily papers published in the city, which advertisement shall notify the public that a hearing on the question of the abandoning of the street or a portion of the street will be held by the city utilities committee on a day certain, which date shall be not less than ten days from the date of the paper in which the advertisement appears. The advertisement shall give notice of the introduction of the ordinance, the street or portion of the street proposed to be vacated or abandoned and the time and place of the hearing thereon. The council staff of the city utilities committee through the municipal clerk's office shall be responsible for the advertisement being done in a timely manner. The municipal clerk shall be authorized to place said advertisement upon receipt from the commissioner of public work or his designee that the petition is complete. Written notice of the hearing shall be given by the department of public works to the owners of property located on the street or portion of the street to be vacated or abandoned. At the hearing, any person opposed to the vacation or abandonment shall be allowed a reasonable time within which to present such person's views and opposition thereto, after which the city utilities committee shall make its recommendation to the council on the ordinance. Thereafter, the council shall have full power and authority to adopt or reject the ordinance.

(g)

If the city utilities committee recommends that the street or right-of-way be abandoned, the owner(s) of each abutting property shall post funds with the clerk of council, within a time limit set by the city utilities committee, in an amount equal to the fair market value of the portion of the right-of-way to be acquired. Upon receiving the recommendation from the committee, and funds being posted for all portions of the right-of-way in question, the council shall have full power and authority to adopt or reject the ordinance. Council shall not act upon the abandonment ordinance until all funds have been received.

(h)

Upon the adoption of the ordinance by the council after the hearing before the city utilities committee, and upon approval of the ordinance by the mayor, notice of vacation or abandonment shall be given to property owners located on the street or portion of the street vacated or abandoned, and the street or portion of the street shall thereafter cease to be a street for any purpose whatsoever and the rights of the public in and to that section of the street vacated or abandoned shall cease, provided that all easements and rights of the utilities, telecommunications providers and other persons that have facilities located in the street shall continue as governed by state law.

(i)

Streets or right-of-way having been abandoned shall be divided along the centerline and transferred by quit claim deed to the abutting property owners along each side of the abandoned right-of-way in sections defined by extension of existing property lines. Said transfer shall be conditioned upon the abutting property owner having posted funds as outlined in paragraph (e) above. If the abutting property owner fails to post funds as outlined in paragraph (e), another abutting property owner may post such funds and shall thereby assume the right to acquire that portion of the abandoned right-of-way. Any such quitclaim deed shall not effect utilities located in such street or right-of-way.

(j)

If, having duly signed a certification of intent as described in this section, the property owner shall fail to complete the transaction to acquire the appropriate pro-rata share of the abandoned right-of-way, the city attorney shall unilaterally file a quit-claim deed and shall simultaneously file a lien against the abutting property in an amount equal to the fair market value of the right-of-way portion in question.

(1)

No street nor right-of-way shall be abandoned where the abandonment shall result in any parcel of land being left landlocked, nor shall any new unbuildable lot be created. No abandonment shall occur until all portions of the right-of-way are identified and accounted for as to whom shall be the receiving owner, and appropriate funds have been posted. All property boundaries resulting from the abandonment of any street or right-of-way shall be as regular and reasonable as possible.

(k)

Physical conditions for abandonment. No street or right-of-way shall be abandoned unless the following conditions are met.

(1)

No abandonment shall result in any parcel of land being left landlocked, nor shall any new lot be created which does not comply with the current applicable zoning and building permitting requirements.

(2)

No abandonment shall result in the creation of any dead end street without the inclusion of an appropriate turn-around infrastructure to be installed by the petitioner at the petitioner's expense as defined in the department of public works standard details. It shall be a condition of any abandonment that appropriate city standard infrastructure shall be constructed by the petitioner, including the appropriate dedication of any additional land area required by construction of a cul-de-sac.

(Code 1977, §§ 9-3014, 9-3015; Ord. No. 1999-60, § 2, 8-10-99; Ord. No. 2001-22, § 1, 3-14-01; Ord. No. 2001-46, § 1, 6-25-01; Ord. No. 2013-35(13-O-1121), § 1, 7-24-13)

State law reference

Abandonment of roads, O.C.G.A. § 32-7-1 et seq.