§ 37-17. Notices of non-acceptance.

(a)

This section does not apply to any public right-of-way dedication to the city, whether by plat or separate instrument.

(b)

When the director learns of real property interests deeded or conveyed to the city (a) without the city's consent, or (b) which the city has never accepted, the director must canvass city departments and utility agencies to determine whether a use exists for the property.

(c)

If a use exists, the director must seek city council authorization for the acceptance of the property.

(d)

If a use does not exist the director may, without city council approval, cause a notice of non-acceptance of the real property to be filed in the appropriate county records. Such notice of non-acceptance shall have the effect of rendering such deed or conveyance void and of no effect. Such notices shall have no effect on plats recorded in the real property records of a county, dedications on which may only be removed through the applicable platting process initiated by the property owner.

(e)

A director shall not issue a notice of non-acceptance upon request of a person if such issuance would cause property to become non-compliant with any existing local, state or federal statutes.

(f)

If a utility agency identifies a use for the property, the agency must assume responsibility for the property and its maintenance as a condition of the city's acceptance.

(Ord. No. 2016-04-07-0240 , § 2, 4-7-16)