Chapter 12.28
PETITION METHOD FOR STREET VACATION PROCEDURES
Sections:
12.28.050 Resolution setting hearing.
12.28.060 Notice of public hearing.
12.28.070 Approval – Ordinance of vacation.
12.28.080 Compensation for street vacations.
12.28.010 Purpose.
The purpose of this chapter is to establish policies and procedures of the city for petition method vacations of streets and alley rights-of-way and to facilitate efficient processing of street vacation applications. (Ord. 11-117 § 1).
12.28.020 Definitions.
As used in this chapter, the following definitions shall apply:
Chapter 35.79 RCW includes the existing law of the state of Washington regarding street vacations or any amendments thereto.
“Street” means any street, road, alley, right-of-way, or any parts thereof within the city limits of the city. (Ord. 11-117 § 1).
12.28.030 Petition – Fees.
A petition for vacation of a street shall be signed by the owners of more than two-thirds of the property abutting the part of the street sought to be vacated and shall contain a description of the property sought to be vacated. The petition shall identify all existing public utilities and services located in the part of the street proposed to be vacated. The petition shall be accompanied by the nonrefundable administration fee in the amount established by city council resolution, together with a written commitment signed by the petitioner to pay all other fees established by city council resolution and related to processing the petition. (Ord. 11-117 § 1).
12.28.040 Filing.
The city clerk-treasurer shall review each petition to determine whether it has been signed by the minimum appropriate property owners and, if the same is complete, accept it for filing. The filing fee and an appraisal, if required, pursuant to RIMC 12.28.090, shall be included with the petition prior to the city clerk-treasurer’s acceptance for filing and further processing of the petition. (Ord. 11-117 § 1).
12.28.050 Resolution setting hearing.
The city council shall pass a resolution setting a time when the petition will be heard by the city council. The date for such hearing must be more than 20 days, but not more than 60 days after the date of passage of the resolution. (Ord. 11-117 § 1).
12.28.060 Notice of public hearing.
Notice of the public hearing shall be given as required by RCW 35.79.020 and 35.79.035 as the same exist now or may be hereafter amended. (Ord. 11-117 § 1).
12.28.070 Approval – Ordinance of vacation.
Following the public hearing set by the resolution, if the council approves the vacation of any street, it shall, by ordinance pursuant to RCW 35.70.030, vacate the property following payment by the owners of property abutting upon the vacated street of any compensation required by RIMC 12.28.030 and/or 12.28.080. The city may retain any easement rights in the vacated street it deems appropriate for the construction, repair, and maintenance of public utilities and services and shall so state in the vacation ordinance. (Ord. 11-117 § 1).
12.28.080 Compensation for street vacations.
A. Streets Abutting Fresh Water. Pursuant to RCW 35.79.035, as the same exists now or as it may hereafter be amended, compensation for the vacation of a street abutting a body of fresh water shall be required in an amount equal to the fair market value of the property to be vacated.
B. Property Acquired at Public Expense. Pursuant to RCW 35.79.030, as the same exists now or as it may hereafter be amended, compensation for the vacation of a street or alley that was acquired at public expense may be required in an amount equal to the full appraised value of the property vacated.
C. Dedicated Public Right-of-Way. Pursuant to RCW 35.79.030, as the same exists now or as it may hereafter be amended, compensation for the vacation of a street or alley that has been part of a dedicated public right-of-way for 25 years or more may be required in an amount equal to the full appraised value of the property vacated.
D. Other Vacations Sought by Petition. Except as provided in subsections A, B, and C of this section, and pursuant to RCW 35.79.030, as the same exists now or as it may hereafter be amended, compensation shall be required for all vacations initiated by petition, in an amount equal to one-half the appraised valuation of the property, except a portion or all of the required compensation may be waived by the city council when it determines that the benefit of the vacation to the city outweighs the direct benefit to the abutting property owners. Any action taken by the city council to reduce or waive compensation shall be supported by appropriate findings of fact entered into the public record. (Ord. 11-117 § 1).
12.28.090 Appraisals.
To determine the amount of compensation to be required for the street sought to be vacated, appraisals shall be required, or not required, pursuant to the following guidelines:
A. If the total value of the area requested to be vacated is less than $10,000, a professional appraisal shall not be required. In determining this value, the applicant must demonstrate the value of the land abutting the street sought to be vacated, as shown on the records of the Douglas County assessor’s office, and compute this value on a per square foot basis. This value shall be an average of the value of all properties abutting the area sought to be vacated, unless the mayor, in his or her sole discretion, determines this to be an unfair method and requires an appraisal to be performed. This value per square foot shall be multiplied by the square footage of the total land area sought to be vacated in order to arrive at the total value of the land requested to be vacated.
B. Subject to RIMC 12.28.080(D), if the value of the land requested to be vacated is in excess of $10,000 as computed by the method described in subsection A of this section, an appraisal shall be prepared at the applicant’s expense prior to the acceptance and processing of the street vacation petition by the city.
C. Any appraisal required to be performed pursuant to this section shall be prepared by an appraiser of real estate who is competent and qualified to appraise real estate, as determined by the mayor; provided, however, if the mayor determines it is in the best interest of the city, the appraisal shall be prepared by a member of the American Institute of Real Estate Appraisers approved by the city director of planning and building. (Ord. 11-117 § 1).