This chapter shall be entitled "Vacation of Public Rights-of-Way."
(Ord. 1578 § 44, 2013)
The purpose of this chapter is to set forth the process and procedures for the vacation of public rights-of-way and to make provisions for compensation as set forth below.
(Ord. 1578 § 46, 2013)
Petitions for the vacation of City rights-of-way may be granted by the City Council in accordance with the provisions of chapter 35.79 RCW.
(Ord. 1578 § 47, 2013)
For the purposes of this chapter, all public rights-of-way within the City are declared to be within one of three classes:
(1) 
All streets or alleys that have been part of a dedicated public right-of-way for 25 years or more, all rights-of-way conveyed to or held by the City for transportation purposes for which public funds have been expended in the acquisition, improvement or maintenance of such rights-of-way interests, and rights-of-way that abut a body of fresh or salt water, are classified Class A rights-of-way.
(2) 
All City rights-of-way conveyed to or held by the City for transportation purposes for which no public funds have been expended in the acquisition of the same, excluding any Class A rights-of-way and any rights-of-way subject to being vacated by the provisions of section 32, chapter 19, Laws of 1889-90, are classified Class B rights-of-way.
(3) 
All City rights-of-way originally conveyed to the City by a party who subsequently petitions for the vacation of said rights-of-way for which no public expenditures have been made in the acquisition of the same and any rights-of-way or portions thereof subject to being vacated by the provisions of section 32, chapter 19, Laws of 1889-90; or any other rights-of-way not included within Classes A or B are classified Class C rights-of-way.
(Ord. 1578 § 48, 2013)
The procedures for the vacation of the public rights-of-way shall be as follows:
(1) 
The petition for rights-of-way vacation is filed with the Planning, Building and Public Works Director on a form prescribed by the Planning, Building and Public Works Director, and shall contain sufficient facts to enable the Planning, Building and Public Works Director to determine whether the petition(s) have complied with the provisions in this section and chapter 35.79 RCW as presently constituted or as may be subsequently amended.
(2) 
After a review of the petition, the Planning, Building and Public Works Director shall make a recommendation to the City Council who shall proceed under the provision cited in this section.
(Ord. 1578 § 49, 2013)
(1) 
Each petition must be accompanied by an application fee to be set by administrative order of the City Manager or the City Manager's designee. Such fee is used to defray examination, report, publication, investigation, and other costs connected with the applications. Such fee shall not be returned to the petitioner.
(2) 
The amount of compensation, if required by this chapter, is determined by the City Council according to the following criteria:
(a) 
Vacation of all City rights-of-way included in Class A, if granted, shall require compensation at the full appraised value as of the effective date of the vacation; or which amount, for the purposes of this chapter, may be determined from the records of the King County Department of Assessments or by informal or formal appraisal; provided, that the City Council shall have the authority to accept real property of equal or greater value in lieu of cash compensation.
(b) 
Vacation of all City rights-of-way included in Class B, if granted, shall require compensation at 50 percent of the full appraised value as of the effective date of the vacation, which amount, for the purposes of this chapter, may be determined from the records of the King County Department of Assessments or by informal or formal appraisal.
(c) 
Vacation of all City rights-of-way included in Class C, if granted, requires no compensation.
(d) 
When a right-of-way is vacated for a governmental agency, compensation shall be in accordance with the classification of the right-of-way.
(e) 
The City Council may waive some or all of the compensation for any classification of right-of-way, if it determines and makes written findings that such action would benefit the residents of the City.
(Ord. 1578 § 50, 2013)
Subsequent to City Council approval, payment of compensation as ordered by the City Council is a condition precedent to the final vacation of any public right-of-way and shall be paid to the City by responsible parties within 90 days of receipt of the request for compensation prepared by the City. In the event of the failure of the responsible parties to pay such sum within 90 days, the petition of vacation shall be denied.
(Ord. 1578 § 51, 2013)
Payment is made to the Finance Director and shall be credited as follows:
(1) 
Revenue received by the City as compensation for the area vacated, excluding revenue received as compensation for vacation of rights-of-way that abut a body of fresh or salt water, shall be dedicated to the acquisition, improvement, development, and related maintenance of public transportation capital projects within the City.
(2) 
Revenue received by the City as compensation for vacation of rights-of-way that abut a body of fresh or salt water shall be dedicated to the acquisition of additional beach or water access, acquisition of additional public view sites to a body of water, or acquisition of additional moorage or launching areas.
(Ord. 1578 § 52, 2013)
A decision of the City Council may be appealed to the King County Superior Court to the extent allowed by law.
(Ord. 1578 § 53, 2013)