§ 86-38. Review of petition.

(a)

Each petition submitted pursuant to this article shall be reviewed by county staff. Where there is an encroachment into the rights-of-way or easement, the county manager or designee shall determine if it is in the best interest of the county to issue a roadway and easement permit in lieu of vacating. The encroachment or proposed encroachment shall be consistent with the current (prescribed) and/or future use of the right-of-way or easement. Consistent with the right-of-way or easement shall mean for the purpose of this section that the encroachment is removable and does not unreasonably obstruct or interfere with the right-of-way or easement. In such instances where a roadway or easement permit cannot be issued, the applicant will be notified in writing that a vacating request should be submitted.

(b)

Each petition submitted to the board of county commissioners for a vacating request shall be reviewed by the county surveyor or the surveyor's designee, who shall submit recommendations to the board of county commissioners. Nothing herein shall require the board of county commissioners to grant the vacating request.

(Code 1979, § 20-3.3; Ord. No. 96-34, § 3, 7-23-96)