Chapter 6.09
STREET OR ALLEY VACATION*
Sections:
6.09.010 Initiation of proceeding – Fee.
6.09.020 Notice of hearing – Objections prior to hearing.
6.09.030 Hearing – Ordinance of vacation.
6.09.040 Street vacations.
6.09.050 Title to vacated street or alley.
6.09.060 Compensation criteria.
*Cross reference(s) – Department of public works, ch. 2.28.
State law reference(s) – Abandonment, RCW 35A.58.020, 35.79.010 et seq.
6.09.010 Initiation of proceeding – Fee.
The owners of an interest in any real estate abutting upon any street or alley who may desire to vacate the street or alley or any part thereof may petition the city council to make such vacation, giving a description of the property to be vacated or the city council may itself initiate by resolution such vacation procedure. If the petition is signed by the owners of more than two-thirds of the property abutting upon the part of such street or alley sought to be vacated and is accompanied by a fee of one hundred fifty dollars ($150), the city council shall by resolution fix a time when the petition shall be heard and determined by them, which time shall not be more than sixty (60) days nor less than twenty (20) days after the date of the passage of such resolution.
(Ord. No. 1934, § 1. Formerly Code 1986, § 4.08.010)
State law reference(s) – Similar provisions, RCW 35.79.010 et seq.
6.09.020 Notice of hearing – Objections prior to hearing.
Upon the passage of the resolution, the city clerk shall give twenty (20) days’ notice of the pendency of the petition by a written notice posted in three (3) of the most public places in the city and a like notice in a conspicuous place on the street or alley sought to be vacated. The notice shall contain a statement that a petition has been filed to vacate the street or alley described in the notice, together with a statement of the time and place for the hearing of the petition. The city clerk shall direct a copy of the notice and of the resolution to the city planning director who shall solicit comments from city departments, from utility companies and from such other as he believes to have a special interest in the vacation. If the proceeding is initiated by resolution of the city council without a petition having been signed by the owners of more than two-thirds of the property abutting upon the part of the street or alley sought to be vacated, in addition to the notice hereinabove required, there shall be given by mail at least fifteen (15) days before the date fixed for the hearing a similar notice to the owners or reputed owners of all lots, tracts or parcels of land or other property abutting upon any street or alley or any part thereof sought to be vacated, as shown on the rolls of the county assessor, directed to the address thereon shown. If the owners of fifty (50) percent of the property abutting upon the part of such street or alley sought to be vacated file written objection to the proposed vacation with the city clerk prior to the time of hearing, the city shall not proceed with the resolution.
(Ord. No. 1934, § 2. Formerly Code 1986, § 4.08.020)
State law reference(s) – Similar provisions, RCW 35.79.020.
6.09.030 Hearing – Ordinance of vacation.
A. The hearing on the petition or resolution shall be held before the city council on the date fixed by resolution or at the time to which the hearing may be continued. The city planning manager shall report his or her findings at the hearing. If the city council determines to grant all or part of the requested street vacation, it shall by ordinance vacate all or part of the street, or alley. The ordinance may provide that it shall not become effective until the petitioners have compensated the city for the area vacated in accordance with this chapter. The ordinance may also provide that the city retain an easement or the right to exercise or grant easements in respect to the vacated property for the construction, operation, repair, and maintenance of public utilities and services. The city clerk shall record a certified copy of the ordinance with the King County Recorder’s Office. The one-hundred-fifty-dollar ($150) fee shall not be refunded, whether or not the petition is granted.
B. The city shall not vacate a street or alley or any parts thereof if any portion abuts on a body of water unless the vacation seeks to enable the city, port district, or state to acquire the property for port purposes, boat moorage, or launching sites, park, viewpoint, recreational, or education purposes, or other public use. This provision shall not apply to industrial zoned property.
(Ord. No. 1934, § 3; Ord. No. 3634, § 1, 2-4-03. Formerly Code 1986, § 4.08.030)
State law reference(s) – Similar provisions, RCW 35.79.030.
6.09.040 Street vacations.
Street vacations shall be subject to the limitations set forth in RCW 35.79.035 pertaining to vacation of streets abutting bodies of water.
6.09.050 Title to vacated street or alley.
If any street or alley is vacated by the city council, the property within the limits vacated shall belong to the abutting property owners, one-half (1/2) to each.
(Ord. No. 1934, § 4. Formerly Code 1986, § 4.08.040)
State law reference(s) – Similar provisions, RCW 35.79.040.
6.09.060 Compensation criteria.
A. If the city council vacates all or part of any street or alley, the ordinance may provide that the vacation shall not become effective until the petitioners have compensated the city for the area vacated in an amount which does not exceed one-half (1/2) the appraised value of the area vacated. In the event, however, that the street or alley has been part of a dedicated public right-of-way, whether opened or unopened, for twenty-five (25) years or more, or if the property or portions thereof were acquired at public expense, the city may require the petitioners to compensate the city in an amount that does not exceed the full appraised value of the area vacated.
The amount of compensation required for the vacation of all city streets or alleys as of the effective date of the vacation, for the purposes of this section, shall be determined by the public works department. The city council shall have authority to accept real property of equal value in lieu of cash compensation where the value of the street or alley to be vacated is not more than the value of the real property to be acquired by such exchange.
B. When a street or alley is vacated for a governmental agency, compensation shall be based on the administrative costs of the vacation and may, in the discretion of the city council, be based on original cost of acquisition.
C. When determining the value of the vacated street or alley, the public works department may require that an appraisal be performed. The petitioner shall pay the cost of the appraisal and the monies for the same shall be deposited with the city prior to the city authorizing an appraisal be prepared.
D. The compensation determined to be paid shall be a condition precedent to the passage of the specific ordinance pertaining to the street or alley proposed for vacation, and the petitioner will pay the city within ninety (90) days of the passage of the motion directing the city attorney to prepare the specific vacation ordinance. If the petitioner fails to pay the required sum within ninety (90) days, the petition shall be denied.
E. In accordance with state law, the city must dedicate one-half (1/2) of the revenue received as compensation for the area vacated for the acquisition, improvement, development, and related maintenance of public open space or transportation capital projects within the city.