§ 12-02. Procedure after sale of lot.

In cases where any lot has been sold, but before building construction has progressed to the point that vacation of the plat would place the land and buildings in violation of this or any other ordinance of the city, the plat or part thereof may be vacated according to either of the following methods:

(a)

By instrument in writing agreeing to said vacation signed by all the owners of lots shown on said plat and also signed on behalf of the City of Newport News by the city manager for the purpose of showing the approval of such vacation by the city council. The word "owners" shall not include lien creditors except those whose debts are secured by a recorded deed of trust or mortgage and shall not include any consort of an owner. The instrument of vacation shall be acknowledged in the manner of a deed and filed for record in the clerk's office of any court in which said plat is recorded.

(b)

By ordinance of the Newport News city council on motion of one (1) of its members or on application of any interested person. Such ordinance shall not be adopted until after notice has been given as required by section 15.1-431, Code of Virginia, 1950, as amended. Said notice shall clearly describe the plat or portion thereof to be vacated and state the time and place of the meeting of the governing body at which the adoption of the ordinance will be voted upon. Any person may appear at said meeting for the purpose of objecting to the adoption of the ordinance. An appeal from the adoption of the ordinance may be filed within thirty (30) days with the circuit court having jurisdiction of the land shown on the plat or part thereof to be vacated. Upon such appeal the court may nullify the ordinance if it finds that the owner of any lot shown on the plat will be irreparably damaged. If no appeal from the adoption of the ordinance is filed within the time above provided, the ordinance shall be amenable to appeal.

State Law reference— Similar provisions, Code of Virginia, § 15.2-2272.

State law reference

Similar provisions, Code of Virginia, § 15.2-2272.