A street vacation is the termination of the public interest in a right-of-way; it extinguishes the easement for public travel that is represented by the right-of-way. In the typical case, city and county governments hold an easement for public travel on lands designated or used as roads, streets, and alleys; they do not generally own the fee title to the property underlying the right-of-way.

1. No vacation of a street, public place or plat will become effective until the ordinance providing for the vacation and a plat, as provided by law, has been filed in the office of the county clerk of the county where the street, public place or plat is located. The cost of the filing and the preparation of the plat must be paid by the person petitioning for the vacation.

1. A. The City Administrator may establish rules and procedures for Street Vacations.
2. B. The Director of the Bureau of Transportation (the “Director”) will be the City’s recording officer and clerk for purposes of ORS 271.005 to 271.230 pertaining to the vacation of a public right-of-way, plat, public square or place.

1. A. Whenever a request for a petition for the vacation of a street, public place, plat, or any portion of it is presented to the Portland Bureau of Transportation (PBOT), the person making the request must pay to PBOT a fee for preparation of the petition document for vacation. The fee for this service will be established annually by the Council.
2. B. When a completed petition is presented to PBOT for filing and consideration by the City Council (the “Council”), the person presenting the petition for the vacation must pay to PBOT a fee, established by the Council, to cover the estimated costs of processing the petition. All departments or bureaus involved in processing a vacation will keep records of the costs incurred on each individual vacation proceeding and will submit such costs to the City Administrator prior to passage of the vacating ordinance. If the actual cost of advertising and expenses, and all processing costs, including employee salaries and applicable overheads, related to the vacation exceed the fee collected, a sum sufficient to cover all such costs will be collected before the vacation is completed, and payment of it will be a condition of the vacating ordinance.

1. A. In considering whether the vacation will prejudice the public interest, the Council will consider the following factors, as relevant:
   1. 1. The area proposed to be vacated is not needed presently, and is not identified in any adopted plan, for public services, transportation functions, utility functions, stormwater functions, view corridors and/or viewpoints, tree planting/retention, pedestrian amenities, or community or commercial uses.
   2. 2. The vacation does not prevent the extension of, or the retention of public services, transportation functions, utility functions, stormwater functions, view corridors and/or view points.
   3. 3. Public services, transportation functions, or utilities can be extended in an orderly and efficient manner in an alternate location;
   4. 4. The vacation does not impede the future best use, development of, or access to abutting property;
   5. 5. The area of the vacation is not presently, or will not in the future be, needed as part of an interconnected system of public streets that is generally consistent with the street connection and bicycle/pedestrian spacing requirements in Section 17.88.040 Through Streets.
2. B. When approving, or approving in part, a petition to vacate a street the Council may make reservations or conditions. Reservations or conditions may pertain to:
   1. 1. The maintenance and use of underground public utilities or service facilities in the portion vacated;
   2. 2. Limitations on use of the area above and adjacent to underground utilities or service facilities;
   3. 3. Moving at petitioner’s expense the utility or service facilities either below, on or above the surface;
   4. 4. Construction, extension or relocation of sidewalks and curbs, multi-use paths, trails, or other similar pedestrian or bicycle facilities;
   5. 5. Grading or pavement extensions;
   6. 6. Dedication for street use or other area in lieu of the area to be vacated;
   7. 7. Replat; and
   8. 8. Any other matter of like or different nature relating to the vacated area and remaining or relocated street area adjacent to petitioner’s property, or area dedicated in lieu of the vacation area.

1. Pursuant to ORS 271.080 through 271.100, when a petition for the vacation of a street, public place or plat is presented to the Director, it will be reviewed and, if found to be sufficient as provided by the statutes and upon a formal investigation and review by city bureaus, utility companies, and other agencies, a report will be generated by PBOT and submitted to the Planning Commission (PC) for action. Following the PC hearing, PBOT will prepare a report containing the findings from the formal investigation and any recommendations of the PC. The report and petition will be submitted to Council for consideration. Notice of the vacation hearing will be published and posted pursuant to ORS 271.110.

1. When the Council is petitioned to vacate any street, public place, plat, or a portion of it in which water mains, fire hydrants, police or fire alarm system, gas mains, steam heating mains, conduits, sewer mains or laterals, manhole structures, poles, wires or other utility or public service facilities are constructed and maintained, and the proposed vacation will require the removal of the utility or public service facilities or any portion of them, or if curbs or sidewalks are required to be extended or relocated, or if grading or additional paving is required, the ordinance vacating the street or a portion of it may provide that the vacation will not be effective unless the petitioner files with the City Administrator the petitioner’s acceptance of the terms and provisions of the ordinance together with a surety bond or cash deposit, in such sum as may be fixed by the Council. The surety bond or cash deposit must be to the effect that, in the event the vacation is granted, the petitioner will, within 90 days or such other time as the Council may fix after the vacation ordinance is effective, remove or have removed by the owner all or any part of the utility or public service facilities as required by the vacation ordinance and reconstruct and relay the facilities or have them reconstructed and relaid by the owner in the places as may be required by the City Administrator, and obtain other work as required by the ordinance in the manner directed by PBOT, all at the expense of the petitioner.

1. The provisions of ORS Chapter 271 applicable to a vacation apply to each vacation. The alternative procedures allowed by those statutes may be followed.

1. Whenever City-owned property abuts an area of a street or plat sought to be vacated by petition or is located within an “affected area” fixed by statute, the City Administrator may sign consent to the vacation as an owner for the purpose of Council jurisdiction and consideration.

1. Whenever the City Council initiates vacation proceedings on its own motion, the City Administrator will give notice of the proposed action and hearing to all owners of affected real property pursuant to ORS 271.130. Whenever the Council initiates proceedings to vacate a plat or a portion of it, the City Administrator will notify all property owners within such plat or the portion of it proposed to be vacated of the proposed action and hearing.
2. The notification required by this Section will be given not less than 28 days before the hearings on the proposed action.