This chapter is enacted pursuant to authority contained in RCW 36.87.120.
(Prior code § 7.40.010; Ord. 93-080 Exh. P; Ord. 94-059 Exh. A; Ord. 2021-065 Exh. A)
A.
Every petition to the Whatcom County council for vacation and/or abandonment of any road or portion thereof shall conform to the requirements of the applicable state statute and shall be accompanied by a petition fee as set forth in the Whatcom County Unified Fee Schedule.
B.
The petition form, along with the petition fee shall be submitted to the Whatcom County public works department.
C.
The portion of the petition fee designated for recording the final order of vacation may be reimbursed to the petitioner if the council denies the petition.
(Prior code § 7.40.030; Ord. 93-080 Exh. P; Ord. 94-059 Exh. A; Ord. 2021-065 Exh. A)
A.
Property owners of the majority of the frontage on any county road or portion thereof may petition the council to vacate and abandon that same county road or portion thereof by submitting a vacation petition to the Whatcom County public works department.
B.
The petition must be signed by each petitioner and include the name, address and land owned for each petitioner and set forth that the right-of-way is useless as part of the county road system and that the public will be benefited by its vacation.
C.
The petition must include a legal description of the right-of-way proposed to be vacated including the square footage of the area of vacation. The county engineer may require a drawing prepared by a surveyor licensed by the state of Washington.
D.
As part of the public notification process the petitioner shall include in the petition the names, signatures and addresses of five persons who own property within a one-mile radius of the road to be vacated. If the petitioner can demonstrate to the Whatcom County public works department that fewer than five people own property within a one-mile radius of the road to be vacated then the petitioner shall submit with the petition an affidavit stating the same, in addition to the names, signatures and addresses of those people who do own property within a one-mile radius of the road to be vacated.
E.
By signing the petition, the notified property owners are only acknowledging that they received notice of the petitioner's intent to seek vacation of the county road or portion thereof. Notified property owners are not agreeing to become co-petitioners for the road vacation.
(Ord. 94-059 Exh. A; Ord. 2021-065 Exh. A)
A.
The county engineer shall examine the petition for completeness and prepare a resolution for council to consider vacating the road. If the Whatcom County council approves the resolution to consider vacating the road it will direct the county engineer to prepare an engineer's report. If the Whatcom County council does not approve the resolution to consider vacating the road the petition to vacate the road shall be deemed to have been denied.
B.
The county engineer shall investigate and prepare the engineer's report on the petition. The engineer is authorized and directed to review each vacation and recommend the compensation amount for the vacation based on current market data. If necessary, the county will contract for a full appraisal, and the petitioner will be responsible for the costs.
C.
Upon completion of the report, the county engineer will prepare a resolution to vacate. In addition to the requirements of RCW 36.87.040, the resolution shall contain the following information:
1.
The petitioner's name, the date the petition was filed with the public works department, a statement that the application and report fee has been paid, and a short description of the roads or portion of roads to be vacated;
2.
A legal description of the roads or portions thereof to be vacated;
3.
A statement that the applicant has six calendar months from the date the resolution is passed to pay any remaining fees to the Whatcom County public works department, with checks made payable to the Whatcom County treasurer, prior to the vacation becoming effective, including but not limited to the compensation amount of the area sought to be vacated;
4.
A statement that the petitioner has met all of the petition requirements as set forth by this chapter, and by all other applicable laws;
5.
The compensation amount of the area sought to be vacated as determined by the county engineer;
6.
The classification of the road area and the nature of the county's interest therein, according to the following classification:
Class A. Public expenditure made,
Class B. No public expenditures made or nonascertainable from records,
Class 1. No part thereof lies in any plat,
Class 2. Part or all lies within a platted subdivision,
Class 3. Did not remain unopened for public use for a period of five years after the authority was granted for opening it,
Class 4. Remained unopened for public use for five or more years after the order made or authority granted for opening it,
Class 5. Is contained within that portion of a plat which is to be replatted,
Class 6. Abandoned in fact due to relocation of right-of-way,
Class 7. Informalities exist in the records of title which are construed to invalidate and divest the public of any right, title or interest in the right-of-way;
7.
A statement that the vacation does not become effective until the fees are paid, and the final order and the resolution are recorded with the county auditor.
D.
The clerk of the council will schedule a public hearing on the resolution to vacate. The county engineer will provide public notice in accordance with Chapter 36.87 RCW.
E.
After the public hearing, the Whatcom County council shall consider the resolution to vacate. Action on the resolution will be the council's final action in the matter.
F.
The petition shall be deemed to have been denied if a motion to approve the resolution fails, or if by other means a majority of the council denies approval of the resolution.
G.
If the Whatcom County council passes the resolution to vacate, the county engineer, or the county engineer's designee, will prepare a preliminary order of vacation. If the approved resolution contains a provision seeking or requiring payment of further costs beyond those covered by the petition fee or the value of the area being vacated, the county engineer shall notify the applicant that they have six calendar months in which to pay such costs. At the time of the hearing the Whatcom County council may waive payment of the appraised value, or any portion thereof, if it finds that the granting of such vacation will be of some benefit to Whatcom County. Said waiver shall be included as part of the resolution approving of the vacation.
H.
If the petitioner submits the total amount owed to the county within the six calendar months after the date of passage of the resolution, or if upon passage the resolution no money is owed, the county engineer shall prepare a final order of vacation and shall cause it, along with the resolution, to be recorded by the Whatcom County auditor. If the petitioner fails to make payment as required, the council's authorization of the vacation becomes null and void.
I.
The vacation becomes official only after a final order of vacation and the resolution to vacate are recorded by the county auditor.
(Prior code §§ 7.40.060, 7.40.070; Ord. 80-15 § 1; Ord. 93-080 Exh. P; Ord. 94-059 Exh. A; Ord. 2021-065 Exh. A)