Chapter 12.18
VACATION OF STREETS AND ALLEYS
Sections:
12.18.002 Petition for vacation.
12.18.014 City council decision.
12.18.016 Vacations of waterfront streets.
12.18.018 Compensation for vacation.
12.18.020 Payment for compensation for vacation.
12.18.022 Recording of ordinance.
12.18.002 Petition for vacation.
A. The owners of an interest in any real property abutting upon any street or alley who may desire to vacate the street or alley, or any part thereof, may petition the city council. In the alternate, the city council may itself initiate a vacation by resolution. The petition or resolution shall be filed with the city clerk.
B. The petition shall be on a form prescribed by the director of public works and shall contain a name, address and contact information of the petitioner and the person to receive correspondence. The petition shall also discuss the criteria set for Section 12.18.014. Additionally, every petition shall be accompanied by: (1) a survey, (2) a vicinity map showing the general area of the proposed vacation, (3) a plat map prepared and sealed by a professional land surveyor, registered in the state of Washington, indicating the specific parcels abutting the proposed street or alley to be vacated, and (4) an exact legal description of the portion of road to be vacated prepared and sealed by a professional land surveyor, registered in the state of Washington.
C. Flagging which indicates the boundaries of the street or alley shall be installed when the survey is conducted.
D. Upon receipt of the petition, the fee and all required documents, the city clerk shall forward the petition and required documents to the director of public works, or the director’s designee, who shall determine whether the petition has met all of the requirements as stated in subsection B of this section. If all requirements have been met, the director of public works, or the director’s designee, shall bring the petition before the city council, and the city council shall by resolution fix the time when the petition will be heard by the city council, which time shall not be more than sixty days nor less than twenty days after the adoption of the resolution. Where the city council initiates the vacation by resolution, that resolution shall fix the time when the proposed vacation will be heard by the city council or a committee of the city council. (Ord. 1930-1018 § 1 (part), 2018)
12.18.004 Petition fees.
Every petition for the vacation of any street or alley, or any part thereof, shall be accompanied by a fee in an amount established by resolution of the city to defray a portion of the administrative costs incurred in processing the petition and publishing, posting and mailing notices. The fees shall not be refunded under any circumstances. (Ord. 1930-1018 § 1 (part), 2018)
12.18.006 Appraisals.
A. The director of public works shall determine the fair market value of the area to be vacated based upon an appraisal from a state-certified real estate appraiser who has an MAI or SRA designation from the Appraisal Institute. To obtain such appraisal, the director of public works shall present to the petitioners a list of three such certified and designated appraisers from which the petitioners shall select one appraiser. The petitioner shall pay all costs associated with the appraisal and shall submit a copy of the complete report to the director of public works within thirty days of completion. If the appraisal report submitted to the city is more than thirty days from the date of completion, a new up-to-date report will be required to be submitted at the cost to the petitioner.
B. If the director of public works is not satisfied with the appraisal submitted by the petitioners under subsection A of this section, the director may order a second appraisal from a state-certified real estate appraiser who has an MAI or SRA designation from the Appraisal Institute. The city shall pay for this second appraisal. The director of public works shall use the appraisal having the highest value for the area vacated. (Ord. 1930-1018 § 1 (part), 2018)
12.18.008 Notice of hearing.
A. Upon the passage of the resolution, the city clerk, or the city clerk’s designee, shall give not less than twenty days’ notice of the time, place, and purpose of the hearing by publishing written notice one time in the city’s official newspaper, and a written notice posted in three of the most public places in the city and in a conspicuous place on the street, alley or public place sought to be vacated.
B. The said 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 fixed for the hearing of the petition. The notice will state that the council shall hold a public hearing on the proposed vacation in the manner required in this chapter. In addition, the notice shall indicate that the area is public access, it is proposed to be vacated, and that anyone objecting to the proposed vacation should attend the public hearing or provide written notice to the city clerk prior to the public hearing, indicating his or her objection. (Ord. 1930-1018 § 1 (part), 2018)
12.18.010 Protest.
If fifty percent or more of the owners of the abutting property file written objections to a city council-initiated vacation with the city clerk, prior to the time of the hearing, the city shall be prohibited from proceeding with the vacation. (Ord. 1930-1018 § 1 (part), 2018)
12.18.012 Hearing.
The hearing on such petition may be held before the city council upon the date fixed by resolution or at the time said hearing may be adjourned to. The city council may grant the petition to vacate the street, alley, or any part thereof by ordinance, with or without conditions, or the city council may deny the petition. (Ord. 1930-1018 § 1 (part), 2018)
12.18.014 City council decision.
Following the hearing the city council shall determine whether to vacate the street or alley. The determination shall include, but not be limited to, consideration of the following criteria:
A. Whether a change of use or vacation of the street or alley will better serve the public;
B. Whether the street or alley is no longer required for public use or public access;
C. Whether conditions may so change in the future as to provide a greater use or need than presently exists; and
D. Whether objections to the proposed vacation are made by owners of private property (exclusive of petitioners) abutting the street or alley or other governmental agencies or members of the general public.
If the city council determines to grant the vacation, the action shall be made by ordinance with such conditions or limitations as the city council deems necessary and proper to preserve any desired public use or benefit. The ordinance may contain a provision retaining or requiring conveyance of easements for construction, repair and maintenance of existing and future utilities and services. (Ord. 1930-1018 § 1 (part), 2018)
12.18.016 Vacations of waterfront streets.
A. The city shall not vacate a street or alley if any portion of the street or alley abuts a body of salt or fresh water unless:
1. The vacation is sought to enable the city to acquire the property for port purposes, beach or water access purposes, boat moorage or launching sites, park, public view, recreation, educational purposes, or other public uses;
2. The city council, by resolution, declares that the street or alley is not presently being used as a street or alley and that the street or alley is not suitable for any of the following purposes: port, beach or water access, boat moorage, launching sites, park, public view, recreation, or education; or
3. The vacation is sought to enable the city to implement a plan, adopted by resolution or ordinance, that provides comparable or improved public access to the same shoreline area to which the street or alley sought to be vacated abuts, had the properties included in the plan not been vacated.
B. Before adopting an ordinance vacating a street or alley under subsection (A)(2) of this section, the city council shall:
1. Cause an inventory to be compiled of all rights-of-way within the city that abut the same body of water that is abutted by the street or alley sought to be vacated;
2. Cause a study to be conducted to determine if the street or alley to be vacated is unsuitable for use by the city for any of the following purposes: port, boat moorage, launching sites, beach or water access, park, public view, recreation, or education;
3. Hold a public hearing on the proposed vacation in the manner required by Chapter 35.79 RCW and this chapter; and
4. Include in its written decision a finding that the street or alley sought to be vacated is not suitable for any other purposes listed under subsection (B)(2) of this section, and that the vacation is in the public’s interest.
C. Notice of the public hearing on the proposed vacation shall be provided in accordance with the notice provisions of Section 12.18.008; provided, that the city shall also post notice of the public hearing conspicuously on the street or alley sought to be vacated, which notice shall indicate that the area is a public access, that the street or alley is proposed to be vacated, and that anyone objecting to the proposed vacation should attend the public hearing or send a letter to the city clerk prior to the hearing, indicating the objection.
D. The city council shall not adopt an ordinance vacating a street or alley under subsection (A)(2) of this section until the fair market value of the street or alley to be vacated, plus the full cost of any physical closures and/or road repairs required by the director of public works, has been paid in accordance with Section 12.18.006.
E. Moneys received from the vacation of a street or alley abutting a body of fresh or salt water may be used by the city only for the purpose of acquiring additional beach or water access, acquiring additional public view sites to a body of water, or acquiring additional moorage or launching sites. (Ord. 1930-1018 § 1 (part), 2018)
12.18.018 Compensation for vacation.
A. Ordinances vacating any street, alley or public place shall not be passed by the city council until the owners of the property abutting upon the street, alley or public place so vacated shall compensate the city in the amount required by this subsection. For those streets, alleys or public places that have not been acquired at public expense and which have not been part of a dedicated right-of-way for twenty-five years or more, the property owners shall compensate the city in an amount equal to one-half of the fair market value, as shown in the appraisal, of the area vacated. For those streets, alleys or public places that have been acquired at public expense or have been part of a public right-of-way for twenty-five years or more, the property owners shall compensate the city in an amount equal to the full fair market value of the area vacated, as shown in the appraisal. As contemplated by Section 12.18.016, the full fair market value, as shown in the appraisal, shall be paid upon vacation of streets abutting upon bodies of water.
B. Where a vacation for a street or alley which does not abut a body of fresh or salt water has been initiated by the city, the owners of the property abutting the area to be vacated shall not be required to pay compensation for the area to be vacated. (Ord. 1930-1018 § 1 (part), 2018)
12.18.020 Payment for compensation for vacation.
After the fair market value of the property to be vacated has been determined in accordance with Section 12.18.006, the director of public works shall notify the representative of the petitioners of the amount of compensation required for the area to be vacated. The required payment shall be delivered to the director of public works who, upon receipt of the payment, shall transmit it to the director of finance.
At least one-half of the received compensation shall be dedicated to the acquisition, improvement, development and related maintenance of public open space and/or transportation capital projects within the city; provided, that all compensation for the vacation of streets and alleys which abut a body of water shall be deposited in a fund designated for the sole purpose of acquiring additional moorage or launching sites. Any compensation received by the city which is not dedicated to public open space or transportation capital projects or to the acquisition of additional water access, view sites or launching sites shall be deposited into the street fund. The director of public works shall include the receipt of payment in its report to city council prior to adoption of the ordinance vacating the street or alley. (Ord. 1930-1018 § 1 (part), 2018)
12.18.022 Recording of ordinance.
Posting and mailing of the notices provided for in this chapter shall be the responsibility of the city clerk. As required by RCW 35.79.030, a certified copy of the ordinance vacating the street or alley, or any portion thereof, shall be recorded by the city clerk and the office of the Mason County auditor. (Ord. 1930-1018 § 1 (part), 2018)