Chapter 15.94
VACATION OF PUBLIC RIGHTS-OF-WAY
Sections:
15.94.020 Setting date for hearing.
15.94.040 Hearing – Ordinance of vacation.
15.94.060 Limitations on vacations of streets abutting bodies of water.
15.94.070 Title to vacated street or alley.
15.94.080 Vested rights not affected.
15.94.010 Petition by owners.
A. The owners of an interest in any real estate abutting upon any street or alley may petition the city council to make vacation, giving a description of the property to be vacated.
B. The city council itself may also initiate by resolution a street vacation procedure.
C. The petition or resolution must be filed with the city clerk-treasurer.
D. No such vacation shall be granted if public utilities and/or services are in any portion of petitioned street or alley. (Ord. 1504, 2015; Ord. 1222 § 1, 1997).
15.94.020 Setting date for hearing.
A. If the petition is signed by the owners of more than two-thirds of the property abutting upon the street or alley sought to be vacated, the city council will by resolution set a date when the petition will be heard and decided upon.
B. The date must be not more than 60 days nor less than 20 days after the date of the passage of such resolution. (Ord. 1222 § 1, 1997).
15.94.030 Notice of hearing.
A. Upon passage of the resolution the city clerk-treasurer must post notice of the petition in three public places in the city and a notice in a conspicuous place on the street or alley sought to be vacated. The notice must contain:
1. A statement that a petition has been filed to vacate the street or alley described in the notice; and
2. A statement of the time and place fixed for the hearing of the petition.
B. If the proceeding is initiated by resolution of the city council and not by property owners, the notice described in subsection (A) of this section must be mailed to the owners of property abutting upon any part of a street or alley sought to be vacated, as shown on the rolls of the county treasurer, at least 15 days before the date fixed for the hearing; provided, that if 50 percent of the abutting property owners file written objection to the proposed vacation with the city clerk-treasurer, before the hearing, the city will not proceed with the resolution. (Ord. 1222 § 1, 1997).
15.94.040 Hearing – Ordinance of vacation.
A. The hearing on the petition must be held by the city council. If the city council decides to grant the petition or any part of it, the city council may by ordinance vacate the street or alley.
B. The ordinance will provide that the ordinance will not become effective until the owners of property abutting upon the street or alley so vacated, will compensate the city in an amount which does not exceed one-half the appraised value of the area so vacated, except in the event the subject property was acquired at public expense, compensation may be required in an amount equal to the full appraised value of the vacation; provided, that the ordinance may provide that the city retain an easement or the right to exercise and grant easements in respect to the vacated land for the construction, repair, and maintenance of public utilities and services.
C. The petitioning parties are responsible for arranging and paying for the appraisal.
D. If the city is initiating the vacation, it is responsible for arranging and paying for the appraisal. (Ord. 1222 § 1, 1997).
15.94.050 Record ordinance.
A certified copy of the ordinance must be recorded by the city clerk-treasurer and with the Pacific County auditor. (Ord. 1222 § 1, 1997).
15.94.060 Limitations on vacations of streets abutting bodies of water.
A. The city may not vacate a street or alley if any portion of the street or alley abuts a body of fresh or salt 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, or 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 streets or alley sought to be vacated abut, had the properties included in the plan not been vacated.
B. Before adopting a resolution vacating a street or alley under subsection (A)(2) of this section, the city must:
1. Compile an inventory 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. Conduct a study to determine if the street or alley to be vacated is suitable 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 this chapter, where in addition to the normal requirements for publishing notice, notice of the public hearing is posted conspicuously on the street or alley sought to be vacated, which posted notice indicates 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 send a letter to a particular official indicating his or her objection; and
4. Make a finding that the street or alley sought to be vacated is not suitable for any of the purposes listed under subsection (A)(2) of this section, and that the vacation is in the public interest.
C. No vacation will be effective until the fair market value has been paid for the street or alley that is vacated. Money received from the vacation may be used by the city only for acquiring additional beach or water access, acquiring additional public view sites to a body of water, or acquiring additional moorage or launching sites. (Ord. 1222 § 1, 1997).
15.94.070 Title to vacated street or alley.
If any street or alley is vacated by the city council, the property within the limits so vacated will belong to the abutting property owners, one-half to each. (Ord. 1222 § 1, 1997).
15.94.080 Vested rights not affected.
No vested rights are affected by the provisions of this chapter. (Ord. 1222 § 1, 1997).