A. Appraisal of Subject Right-of-Way. As a condition precedent to the city council’s consideration of a resolution setting a date for a public hearing on the question of whether the subject right-of-way should be vacated, the petitioner shall pay for the cost of preparation of an appraisal of the area proposed to be vacated, and the city shall select an appraiser and order such appraisal. An appraisal and payment may not be required when, in the judgment of the planning department director, it is not needed to determine the fair market value of the area to be vacated.

B. Payment for Vacation. In no event shall a vacation request come before the hearing examiner for the public hearing until the appraised value of the subject right-of-way has been computed, incorporated into the ordinance, and deposited with the finance director. The amount deposited with the finance director may be adjusted by the planning department director if the petitioner and city staff have tentatively agreed to a lesser deposit amount or no deposit at all based on the value of the public amenity provided by the petitioner as part of the proposed vacation.

C. Return of Deposit. In the event city council does not approve the vacation, the deposited amount (exclusive of the application, public hearing, and appraisal fees) shall be refunded to the petitioner. [Ord. 2023-09-029 § 2].