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HomeMy WebLinkAboutBack-Up from Law DeptSec. 55-16. - Consideration of easements and alleys when alleged to be abandoned as a matter of law. (a) General application and requirements to deem an easement or alley as abandoned. An easement or alley may be deemed abandoned as a matter of law, following a recommendation by the plat and street committee, if properly approved by the city commission, and if the expiration of the easement is not properly addressed in the easement instruments. In determining if an easement or alley is abandoned, the following shall be considered: (1) The departments of the city, or other governmental agencies who have permitting authority, have not issued any permits for utilities, communications, or similar uses within the easement or alley area in the last 30 years. (2) The general public has not used the easement or alley for a public purpose for an associated or incidental purpose in the last 30 years. The 30 years shall be substantiated by documentation including, without limitation, affidavits based on personal knowledge, photographic evidence, tax cards and other evidence such as surveys attesting that there has been no use by the public. There are no records or documents that require the easement or alley to be opened for access or use by the general public, or that require denial of any private use within the easement. (4) The city, or other governmental agencies who have permitting authority, have issued building permits allowing construction on or within the easement or alley. All written evidence submitted by the property owner to the public works department indicates that any public service or public purpose use of the easement or alley has been abandoned by the city or the general public, as applicable. (6) The city has, at all relevant times in the past 30 years, collected ad valorem taxes and similar assessments, levies or impositions on the lots inclusive of the portion of the lots where the easement or alley is located. Written evidence demonstrating that the intention of the parties was to abandon the easement or alley. (8) Such other factors as are recognized by the laws of the State of Florida to deem an easement or alley abandoned under the general laws of this state. This section is supplemental to any other remedies provided by the laws of the State of Florida such as judicial declaration that an easement or alley is abandoned or a quiet title action. (b) Additional documentation. The property owner may have additional documents to support his or her allegation that the easement or alley has been abandoned and recognized as vacated. These documents must be promptly submitted to the public works department. The property owner will bear the burden to produce any additional documents at the request of the public works department. The public works department will only schedule hearings once the application is complete. The public works department may establish required documents for such application and it shall only be processed when such documents are submitted. (3) (5) (7) (9) (c) Receipt of fees. Any application made under this section must be accompanied by a non-refundable fee of $370.00. The property owner making this application shall additionally pay any recording and copying fees as established by the state, county, or city. (d) City commission's public hearing for deeming an easement or alley abandoned as a matter of law. Once the required criteria have been met, a public hearing shall be held before the city commission. The procedure for public notice and public hearing shall be as is followed by the department of works for their public hearing agenda items. (e) Determination by the city commission. If the city commission determines that abandonment interferes with a public interest, the easements or alleys shall not be considered abandoned and the request shall be denied. If the city commission approves the request by passage of a resolution, the property owner may record a certified copy of this resolution. Page 1 (Ord. No. 13467, § 3, 6-12-14) Page 2