A. Prehearing Fee. Every petition for the vacation of any street or alley or any part thereof, shall be accompanied by an initial nonrefundable payment to the city of a fee as shown in Chapter 3.104 LMC, to defray the administrative costs incurred in processing such vacation petitions. The fee shall be paid into the general fund of the city.

B. Appraisal and Other Fees to Be Paid. In addition, at the time of filing the vacation petition, the petitioner shall deposit $1,000 with the public works director to cover the appraisal and other costs for a street or alley abutting property which is zoned single-family residential; provided, however, the deposit shall be $2,000 to cover the appraisal and other costs for a street or alley abutting on property zoned for nonresidential uses and multiple-residence, or high-density. In the event that the appraisal or other cost is less than the amount deposited, the vacation compensation payable to the city shall be reduced by the difference between the deposit and the actual cost, or in the alternative, such difference shall be refunded. In the event the costs are more than the amount deposited, the vacation compensation payable to the city shall be increased by the difference between the deposit and the actual cost, or in the alternative, such difference shall be separately billed and paid by the petitioners prior the approval of the vacation. Costs include any professional consultant studies (for example, wetland, traffic) determined by the public works director to be reasonably necessary to evaluate the vacation. Any such consultants shall be retained by the city. Petitioner may request that the public works department not retain appraisers or consultants until the department makes a preliminary decision of whether it supports or opposes the petition, provided, such request shall not be determinative on department action. For good cause documented in the public works department file, the public works department may utilize an alternative valuation method, subject to final city council approval.

C. Fees for City Waived. No fees are required if the city initiates a street vacation. (Ord. 2699 § 21, 2007; Ord. 2656 §§ 1, 2, 2006; Ord. 2208 § 1, 1998)