Each county department having custodianship over county real property shall, in conjunction with the five-year comprehensive plan review process and no later than a date established by the property management committee submit to the county treasurer a current inventory of all its county-owned real property showing cost, if known, method of acquisition, present estimated market value, special characteristics, and improvements affecting its economic value and potential uses, and current use. New acquisitions shall be reported to the treasurer within 30 days of the acquisition date. The county treasurer will keep a comprehensive list of the county's real property.
County departments having custodianship of real property shall state the present use of each parcel on its inventory and whether all or part thereof is being used. For parcels or portions of parcels not in use, said departments shall state the future probability of use and estimated date of usage. These statements shall be in writing and forwarded to the county treasurer no later than a date established by the property management committee. Upon receipt of the above information, the county treasurer shall present same to the property management committee.
The property management committee, along with the appropriate departmental custodian, shall review and make recommendations to the county executive regarding the status of each lot, tract, parcel or other interest included in the real property inventory. The county executive shall submit said recommendations, including a map showing the general location of the property along with the determination of market value and the department shall include a listing of all costs incurred in the property inventory for all properties recommended to be sold or exchanged, with or without comment, to the county council for final action. Recommendations may be for any one of the following actions:
A. 
Retain the property for its present use;
B. 
Retain the property and change the manner of county use;
C. 
Declare the property surplus and sell it;
D. 
Transfer property to another county department;
E. 
Exchange property for privately or publicly owned lands that better meet county land needs;
F. 
Sell or lease property to nongovernmental parties;
G. 
Sell or lease property to other governmental agencies.
(Ord. 90-126 Exh. A (part); Ord. 96-036)
The county treasurer shall, no later than a date set by the property management committee each year, prepare an inventory of all tax title property. Upon completion of said inventory, the county treasurer shall present same to the property management committee. The property management committee shall review and make recommendations to the county executive concerning the disposition of each lot, tract, parcel or other interest included in the tax title inventory. The county executive shall submit said recommendations with or without comment, to the county council for final action.
Recommendations may be for one of the following actions:
A. 
Offer the property for public sale;
B. 
Convey the property to the county in its proprietary capacity;
C. 
Rent or lease the property;
D. 
Exchange the property with another governmental or municipal agency for lands of substantially the same market value;
E. 
Retain the property in its current status.
The county treasurer shall maintain a list of all tax title property for which sale requests have been received since the last tax title property sale and twice each year submit same to the property management committee. Within 30 days of each submission, the property management committee shall review and make recommendations to the county executive concerning the disposition of each lot, tract, parcel or other interest included on said list. The county executive shall submit recommendations, with or without comment, to the county council for final action.
(Ord. 90-126 Exh. A (part))
The property management committee shall obtain and provide to the county council an estimated market value for all county real and tax title property recommended for sale to the county council. In determining the market value, the committee shall first examine property tax records to determine if the property has been assessed by the county within the last five years. If the property has not been assessed within the last five years, the county assessor shall prepare an assessment of the property within 30 days of a request by the property management committee.
Once a property tax search or assessment by the county auditor has been completed, the property management committee shall follow these guidelines:
A. 
If the value is $15,000 or less, the county assessor's value shall be used as the market value.
B. 
If the value is over $15,000, an independent certified appraiser shall be hired to establish the market value of the property.
(Ord. 90-126 Exh. A (part); Ord. 96-036)
Within 60 days following receipt of the estimated market values, the county council shall hold a public hearing on the property management committee recommendations. Following the hearing, if it is deemed to be in the best interest of the people of Whatcom County to sell all or part of said property, the council shall adopt a resolution to that effect and the property shall be sold under the limitations and restrictions and in the manner herein provided.
In making such sales of county real property and tax title property, the county may sell or reserve any rights to timber, minerals, or other resources on any land owned by the county separate and apart from the land in the same manner and upon the same terms and conditions as provided in this chapter for the sale of real property.
(Ord. 90-126 Exh. A (part))
Notice shall be provided of the public hearing at which the county council will consider sale of county real property as authorized herein. The notice of public hearing must be published in a legal newspaper of general circulation once during each of two successive calendar weeks, the first notice to appear at least 10 days prior to the date of hearing. The notice for public hearing must contain both the street address, if available, and the legal description of the property, its estimated market value, and designate the day, hour and the place of the public hearing. The notice shall also state which methods contained in Section 1.10.340 are under consideration for disposition of the property. If the property is offered for sale on other than a cash basis, the terms must be stated in the notice. Additionally, the notice of public hearing shall be posted in a conspicuous place in the courthouse not less than 10 days prior to the hearing. The county council shall be responsible for publishing or posting all above-referenced notices.
(Ord. 90-126 Exh. A (part); Ord. 92-012)
Where the county council adopts by resolution the sale of county real property, the property may be sold at a public sale following publication of a notice in a legal newspaper of general circulation at least once a week for three consecutive weeks, the last notice to appear not more than 10 days prior to the date of sale. The advertisement for sale must contain both the street address, if available, and the legal description of the part and parcel, its estimated market value, and designate the day, hour and the place of sale. If the property is offered for sale on other than a cash basis, the terms must be stated in the advertisement. Additionally, the advertisement for sale shall be posted in a conspicuous place in the Courthouse not less than 10 days prior to the sale. Sales of tax title property must comply with RCW 84.64.270, and with Section 1.10.340, if applicable.
(Ord. 90-126 Exh. A (part))
All sales of county real property shall be under the direction of the Whatcom County treasurer and shall be made to the highest responsible bidder at a public sale except when:
A. 
Sold to a governmental agency; or
B. 
Sold to a nonprofit agency when determined to be in the public interest;
C. 
The county council has determined an emergency to exist; or
D. 
The county real property is traded for real property of equal or greater value; or
E. 
The county council finds, after public hearing, that it is in the best interest of the public to list the real property for sale through a licensed real estate agent.
F. 
Where there is no public bid at or above the estimated market value, the property management committee may:
1. 
List the property for sale through a licensed real estate agent; or
2. 
Negotiate the sale of the property at a price less than estimated market value; or
3. 
Withdraw the property from sale.
(Ord. 90-126 Exh. A (part))
County officials or employees who participated in the decision to declare real property to be surplus or who have direct responsibility for any aspect of the surplus sale may not directly or indirectly bid for such property at public sale. In no event shall county real property be sold directly or indirectly to a county employee through private negotiation as outlined in Section 1.10.340F.
(Ord. 90-126 Exh. A (part))
Where the county elects under Section 1.10.340E or F.1 to negotiate the sale of county real property, or elects under Section 1.10.400 to negotiate the lease of county real or tax title property, the county treasurer may select a real estate broker from the county's annual RFP list to facilitate negotiated sales or leases of the property. Such listing with a broker shall be for no more than six months from the date of the last attempted public auction. After the expiration of the listing, the county shall reschedule the property for public auction at such future time as deemed appropriate by the county treasurer or as specified by resolution of the county council.
(Ord. 90-126 Exh. A (part); Ord. 96-036)
Whatcom County may sell or lease county property to another governmental agency and may acquire real property for the county from another governmental agency by negotiation, upon such terms as may be agreed upon and for such consideration as may be deemed adequate by Whatcom County, without entering into the public bidding process.
(Ord. 90-126 Exh. A (part))
The Whatcom County treasurer is authorized to establish such funds and accounts as may be necessary to deposit sale or lease proceeds until final disposition. The proceeds derived from the sale or lease or other use of tax title property shall be distributed in accordance with state law; provided, that the county shall be reimbursed from the proceeds of the sale or lease for costs of title searches, advertising, postage, fees and other expenses incurred in appraising, maintaining, repairing or selling the subject property, including a pro rata share of indirect administrative costs as computed under normal county accounting procedures.
(Ord. 90-126 Exh. A (part); Ord. 96-036)
Upon receipt of sufficient consideration, the county treasurer shall execute the proper documents transferring title attested to by the county auditor. In no case shall title be transferred until the purchase price has been fully paid.
(Ord. 90-126 Exh. A (part))
All county department heads shall notify the director of administrative services of county-owned structures deemed to be worthless. If the director determines a county-owned structure to be worthless and immediately hazardous to the public, the director shall notify the county executive. If the county executive concurs with the determination of the director, the structure shall be demolished. The county executive shall notify the county treasurer, the county assessor, and the county council of the demolition. If the director determines a county-owned structure to be worthless, but not immediately hazardous to the public, the director shall refer the matter to the county executive for review. Upon a determination by the county executive that the property is in fact worthless and without value, the matter shall be referred to the county council for its approval prior to demolition.
(Ord. 99-047, 1999)