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Rutland Municipal Code
  • Rutland Municipal Code
    • Adoption
    • Certification
    • Roster of Officials
    • Title I: General Provisions
      • Chapter 10: General Provisions
    • Title III: Administration
      • Chapter 30: General Provisions
      • Chapter 31: Executive Authority
        • Subchapter A: General Provisions
        • Subchapter B: The Mayor
        • Subchapter C: The Clerk
        • Subchapter D: The Treasurer
        • Subchapter E: The Street Commissioner
        • Subchapter F: Other Officials
      • Chapter 32: Legislative Authority
        • Subchapter A: The Village Council
        • Subchapter B: Contracts, Bids and Proceedings
        • Subchapter C: Ordinances and Resolutions
        • Subchapter D: Initiative and Referendum
      • Chapter 33: Judicial Authority
        • Subchapter A: Mayor's Court
        • Subchapter B: Contempt of Court
      • Chapter 34: Department of Police
      • Chapter 35: Department of Fire
        • Subchapter A: General Provisions
        • Subchapter B: Volunteer Firefighters' Dependents Fund Board
      • Chapter 36: Civil Actions Against the Municipality
    • Title V: Public Works
      • Chapter 50: General Provisions
      • Chapter 51: Public Utilities
      • Chapter 52: Solid Waste Disposal
      • Chapter 53: Storm Water Control
    • Title VII: Traffic Code
      • Chapter 70: General Provisions
        • Subchapter A: General Provisions
        • Subchapter B: Traffic Control Devices
      • Chapter 71: Licensing Provisions
        • Subchapter A: Motor Vehicle Licensing
        • Subchapter B: Driver's Licenses
        • Subchapter C: Commercial Driver's Licenses
      • Chapter 72: Traffic Rules
        • Subchapter A: General Provisions
        • Subchapter B: Right-of-Way
        • Subchapter C: Pedestrians
        • Subchapter D: Grade Crossings
        • Subchapter E: School Buses
        • Subchapter F: Prohibitions
      • Chapter 73: Motor Vehicle Crimes
        • Subchapter A: Impaired Operation
        • Subchapter B: Reckless Operation; Speed Limits
        • Subchapter C: Stopping after Accident
      • Chapter 74: Equipment and Loads
        • Subchapter A: Equipment
        • Subchapter B: Loads
      • Chapter 75: Bicycles, Motorcycles and Off-Road Vehicles
        • Subchapter A: General Provisions
        • Subchapter B: Snowmobiles, Off-Highway Motorcycles and All-Purpose Vehicles
      • Chapter 76: Parking Regulations
    • Title IX: General Regulations
      • Chapter 90: Animals
        • Subchapter A: Animals at Large
        • Subchapter B: Offenses Relating to Animals
      • Chapter 91: Fireworks, Explosives and Fire Prevention
        • Subchapter A: Fireworks and Explosives
        • Subchapter B: Fire Prevention
        • Subchapter C: Open Burning
      • Chapter 92: Intoxicating Liquors
      • Chapter 93: Nuisances
        • Subchapter A: General Provisions
        • Subchapter B: Septic Tanks, Cesspools and Refuse
        • Subchapter C: Weeds and Litter on Private Property
        • Subchapter D: Unclean Habitations
      • Chapter 94: Streets and Sidewalks
        • Subchapter A: General Provisions
        • Subchapter B: Construction and Repair
        • Subchapter C: Changes in Streets
      • Chapter 95: Unclaimed and Abandoned Vehicles
      • Chapter 96: Watercraft
    • Title XI: Business Regulations
      • Chapter 110: General Provisions
      • Chapter 111: Taxicabs
      • Chapter 112: Peddlers, Itinerant Merchants and Solicitors
      • Chapter 113: Commercial Amusements
      • Chapter 114: Tattooing and Body Piercing Services
    • Title XIII: General Offenses
      • Chapter 130: General Provisions
      • Chapter 131: Offenses Against Property
      • Chapter 132: Offenses Against Public Peace
      • Chapter 133: Sex Offenses
      • Chapter 134: Gambling Offenses
      • Chapter 135: Offenses Against Persons
      • Chapter 136: Offenses Against Justice and Administration
      • Chapter 137: Weapons Control
      • Chapter 138: Drug Offenses
    • Title XV: Land Usage
      • Chapter 150: General Provisions
        • Subchapter A: Parks and Recreation
        • Subchapter B: Planning and Zoning
        • Subchapter C: Streets, Rights-of-Ways and Addressing
        • Subchapter D: Building Department
      • Chapter 151: Agriculture, Animals and Livestock
      • Chapter 152: Commercial Development; Structures
        • Subchapter A: General Provisions
        • Subchapter B: Commercial Development
        • Subchapter C: Residential Development
        • Subchapter D: Dangerous Dwellings and Structures
        • Subchapter E: Manufactured Homes
      • Chapter 153: Flood Hazard Mitigation
    • Title XVII: Municipal Regulations
      • Chapter 170: The Municipality and its Government
        • Subchapter A: The Municipality
        • Subchapter B: Office of the Mayor
        • Subchapter C: Office of the Clerk-Fiscal Officer
        • Subchapter D: Office of the Marshal; Department of Police
        • Subchapter E: Office of the Street Commissioner; Department of Public Servi
        • Subchapter F: Department of Code Enforcement
        • Subchapter G: Department of Information Technology
      • Chapter 171: Other General Regulations
        • Subchapter A: Burial of Indigent Persons
        • Subchapter B: Juveniles
        • Subchapter C: Adult Use Cannabis Control
        • Subchapter D: Municipal Income Taxation
        • Subchapter E: Property, Utility and Motor Vehicle Taxation
      • Recodification and Reorganization of Title XVII
Rutland Municipal Code
Rutland Municipal Code > Title IX: General Regulations > Chapter 94: Streets and Sidewalks > Subchapter C: Changes in Streets
Subchapter C: Changes in Streets
§ 94.40 CHANGE OF NAME, VACATING OR NARROWING STREETS BY PETITION.
§ 94.41 CHANGE OF NAME, VACATING OR NARROWING STREETS WITHOUT PETITION.
§ 94.42 NOTICE; EXCEPTION.
§ 94.43 PUBLICATION OF NOTICE.
§ 94.44 EFFECT OF ORDER OF VACATION.
§ 94.45 EFFECT ON PUBLIC UTILITY EASEMENTS.
§ 94.99 PENALTY.

Subchapter C: Changes in Streets


§ 94.40 CHANGE OF NAME, VACATING OR NARROWING STREETS BY PETITION.

   The Legislative Authority, on petition by a person owning a lot in the municipality requesting that a street or alley in the immediate vicinity of such lot be vacated or narrowed, or the name thereof changed, upon hearing, and upon being satisfied that there is good cause for such change of name, vacation, or narrowing, that it will not be detrimental to the general interest, and that it should be made, may, by ordinance, declare such street or alley vacated, narrowed or the name thereof changed. The Legislative Authority may include in one ordinance the change of name, vacation, or narrowing of more than one street, avenue or alley. The original ordinance or a certified copy thereof shall be recorded in the official records of the County Recorder.

(R.C. § 723.04) (Rev. 2015)


§ 94.41 CHANGE OF NAME, VACATING OR NARROWING STREETS WITHOUT PETITION.

   (A)   The Legislative Authority may, when there are two or more streets, avenues or alley of the same name in the municipality, by ordinance and without petition therefor, change the name of any such street, avenue or alley so as to leave only one to be designated by the original name.

   (B)   When, in the opinion of the Legislative Authority, there is good cause for vacating or narrowing a street or alley, or any part thereof, and that such vacation or narrowing will not be detrimental to the general interest, it may, by ordinance and without petition therefor, vacate or narrow such street or alley or any part thereof. The original ordinance or a certified copy thereof shall be recorded in the official records of the County Recorder.

(R.C. § 723.05) (Rev. 2015)


§ 94.42 NOTICE; EXCEPTION.

   Notice of the intention of the Legislative Authority to vacate any street, alley, avenue, or part thereof shall be given as provided in § 94.43, except when written consent to such vacation is filed with the Legislative Authority by the owners of the property abutting the part of the street or alley proposed to be vacated, in which case such notice shall not be required.

(R.C. § 723.06)


§ 94.43 PUBLICATION OF NOTICE.

   No street or alley shall be vacated or narrowed unless notice of the pendency and prayer of the petition under R.C. § 723.04 is given by publishing, in a newspaper of general circulation in the municipality, for six consecutive weeks preceding action on such petition, or as provided in R.C. § 7.16 preceding action on the petition. Where no newspaper is of general circulation in the municipality, notice shall be given by posting the notice in three public places therein six weeks preceding such action. Action thereon shall take place within three months after the completion of the notice.

(R.C. § 723.07) (Rev. 2012)


§ 94.44 EFFECT OF ORDER OF VACATION.

   The order of the Legislative Authority vacating or narrowing a street or alley which has been dedicated to public use by the proprietor thereof shall, to the extent to which it is vacated or narrowed, operate as a revocation of the acceptance thereof by the Legislative Authority, but the right-of-way and easement therein of any lot owner shall not be impaired by such order.

(R.C. § 723.08)


§ 94.45 EFFECT ON PUBLIC UTILITY EASEMENTS.

   When any street, alley or public highway, or a portion thereof, is vacated or narrowed by the municipality pursuant to the provisions of this subchapter or the provisions of R.C. Chapter 723, and the relocation of any conduits, cables, wires, towers, poles, sewer lines, steam lines, pipelines, gas and water lines, tracks, or other equipment or appliances of any railroad or public utility, whether owned privately or by any governmental authority, located on, over or under the portion of the street, alley, or highway affected by such vacation or narrowing, is not required for purposes of the municipality, including urban renewal, any affected railroad or public utility shall be deemed to have a permanent easement in such vacated portion or excess portion of such street, alley or highway for the purpose of maintaining, operating, renewing, reconstructing, and removing such utility facilities and for purposes of access to such facilities.

(R.C. § 723.041)


§ 94.99 PENALTY.

   Whoever violates any provisions of this chapter for which another penalty is not already provided shall be subject to the penalty as prescribed in § 10.99.

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. The Council of the Village of Rutland provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken.For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly.Hosted by: The Council of the Village of Rutland
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