§ 8A-10. Consents of abutting owners – Greening.

(a) In general.

Except as provided in subsection (b) of this section, a petition to gate and green an alley or a petition to green an alley for which gating already has been approved must be accompanied by the signed consents of 100% of the owners of all abutting properties.

(b) Excepted properties.

If 1 or more abutting properties are unoccupied or abandoned and, notwithstanding due diligence, their owners have not been found, the petition may still be filed and considered if:

(1) the petition is accompanied by the signed consents of 100% of the owners of all occupied properties abutting the alley;

(2) the properties for which signed consents have been obtained constitute at least 80% of all of the properties, not including any abandoned properties, abutting the alley; and

(3) the petition is accompanied by an affidavit, made under the penalties of perjury, that:

(i) describes and substantiates diligent attempts made by the petitioners to obtain the consents of 100% of the owners of all unoccupied properties and abandoned properties abutting the alley; and

(ii) affirms that no owner of any abutting property has refused to sign a consent or otherwise is known to object to the petition.