(1) 
In accordance with RCW 36.34.005, Kitsap County hereby establishes the following comprehensive procedures for the management of county-owned property. This chapter provides alternative and supplemental procedures to those specified in Chapter 36.34 RCW, except that Chapter 36.34 RCW shall apply to matters not covered by this chapter. This chapter shall be construed in accordance with, and all county property management activities shall be guided by, the following declaration of policy and purpose:
(a) 
To provide for the effective management and protection of all county property;
(b) 
To ensure the maximum economic return from sales, rentals, or leases of county property; and
(c) 
To provide for the disposing of surplus property and worthless county property.
(Ord. 530 (2016) § 2 (part), 2016)
(1) 
“Board”
means the board of county commissioners of Kitsap County.
(2) 
“County”
means Kitsap County, a political subdivision of the state of Washington.
(3) 
“Direct sale”
means a sale made by listing the property with a real property broker, advertising it as for sale by owner, or negotiating directly with prospective purchasers, but without a public auction or sealed bid, and in accordance with this chapter.
(4) 
“Property”
means real, personal, or intangible property, or property interests, owned or controlled by the county which is not tax-titled property.
(5) 
“Fair market value”
is an amount in a competitive market that a well-informed and willing buyer, lessee, or tenant would pay in an arm’s-length transaction, and a well-informed and willing seller or lessor would accept, for the purpose of the purchase or use of property after due consideration of all the elements reasonably affecting the value.
(6) 
“Lease”
means the rental of property or property interests.
(7) 
“Proposal”
is a description of the property to be used, acquired, disposed, leased, exchanged, traded-in, or otherwise disposed of. For real property, the proposal description shall include, at minimum, the location and size, land use, zoning, and assessor account records of the property. For personal property, the property shall be identified using a description which can easily be understood by the public.
(8) 
“Public hearing”
means a public hearing conducted by the board, notice of which complies with RCW 39.33.020.
(9) 
“Public sale”
means either sale by oral bids at a public auction or by award to the highest responsive and responsible bidder following an advertised call for sealed bids.
(10) 
“Real property managers”
shall be the persons designated by the board in the public works, parks, community development, information services departments, and commissioner’s office to perform those duties with respect to the management of real property. The board may also choose to contract for real property manager services.
(11) 
“Surplus property official”
shall be the persons designated by the board to manage surplus personal property.
(12) 
“Tax-titled property”
shall mean all property acquired by the county for lack of other bidders at a tax foreclosure sale.
(13) 
“Worthless property”
is that property which when processed in the manner most advantageous to the county cannot reasonably be sold for an amount sufficient to recoup the cost of sale or disposal.
(Ord. 530 (2016) § 2 (part), 2016)
(1) 
The real property managers shall maintain an inventory of real property and real property interests, review real property appraisals, market reviews, and rental studies to determine fair market value, be apprised in any covenants, restrictions, reversionary interests, liens, and the like running with the real property, and ensure an environmental assessment is conducted before title is transferred to the county. Property managers shall provide updated inventory lists to the property management committee on an annual basis, and conduct periodic inspections of property to ensure improvements, buildings, or fixtures are properly insured.
(2) 
Whenever, in the opinion of the property manager, county real property is surplus to the needs of the county, the property manager shall so advise the board, making appropriate recommendation for the possible use, sale, lease or other disposition of such property. The property manager shall consult the property management committee before so advising the board.
(Ord. 530 (2016) § 2 (part), 2016)
A property management committee is established, to be composed of the real property managers, county administrator, risk manager, a representative from the civil division of the prosecuting attorney’s office who shall serve as legal advisor to the committee and a citizen appointed by the board. The county administrator shall serve as the chair of the committee. The committee may adopt rules for the conduct of its business, shall establish regular meeting times, and shall provide advice and recommendation to the board.
(Ord. 530 (2016) § 2 (part), 2016)
(1) 
Except as otherwise provided herein, the board has the sole discretion to dispose of and acquire real property.
(2) 
The board shall hold a public hearing on a proposal to dispose of real property.
(3) 
After the hearing, and upon finding that it is in the best interest of the county to sell or otherwise dispose of real property, the board may declare real property available for disposal and direct whether the disposal may be by trade or exchange, direct sale, or public sale.
(4) 
Real property to be disposed of shall be appraised in accordance with Section 4.142.140, and shall be pursuant to terms and conditions as determined by the board, including where appropriate, covenants or restrictions, or both.
(5) 
All contracts for the disposition or acquisition of real property are subject to the contract review procedures in Chapter 3.56.
(Ord. 530 (2016) § 2 (part), 2016)
(1) 
If in the best interest of the county, the county may lease real property and its appurtenances. Prior to leasing real property, the real property manager shall have conducted a market review or rental study to determine the fair rental or leasehold value of the property. All leases are subject to the contract review procedures in Chapter 3.56.
(2) 
Elected officials or department directors responsible for management of county property may grant permission to use county property through an express license.
(3) 
Department directors are authorized to lease real property where the term, including options, does not exceed three years and total compensation does not exceed $10,000.00. The lease rate shall reflect fair market value. Lease of real property or real property interests may be done by direct negotiation without publishing a notice of intent to rent or holding a public hearing.
(4) 
The county administrator is authorized to lease real property where the term, including options, does not exceed three years and total compensation does not exceed $50,000.00. The lease rate shall reflect fair market value. Lease of real property or real property interests may be done by direct negotiation without publishing a notice of intent to rent or holding a public hearing.
(5) 
The board shall hold a public hearing on a proposal to lease real property with a term exceeding three years, or where total compensation exceeds $50,000.00. After the hearing, and upon finding that it is in the best interest of the county, the board may lease real property pursuant to terms and conditions as determined by the board.
(Ord. 530 (2016) § 2 (part), 2016)
(1) 
The board shall hold a public hearing on a proposal to exchange real property for privately owned real property. After the hearing, and upon finding that it is in the best interest of the county, the board may approve an exchange, but only when the proposed exchange meets the following criteria:
(a) 
Real property to be exchanged is not necessary to the future foreseeable needs of such county;
(b) 
Privately owned real property to be acquired by exchange is necessary for the county’s future foreseeable needs; and
(c) 
The value of real property to be exchanged is not more than the value of the real property to be acquired by such exchange.
(2) 
The properties to be exchanged shall be appraised in accordance with Section 4.142.140, and shall be pursuant to terms and conditions as determined by the board.
(Ord. 530 (2016) § 2 (part), 2016)
An independent appraisal prepared by an appraiser licensed in the state of Washington shall be required prior to the disposition or exchange of any county property with an assessed or estimated value greater than $100,000.00. At the board’s discretion, a market study, broker price opinion, assessed value, and/or other reasonable method may be used to determine fair market value of property with an assessed or estimated value less than $100,000.00.
(Ord. 530 (2016) § 2 (part), 2016)
(1) 
The person designated as surplus property official shall be notified of surplus personal property, and when so advised, the surplus property official shall offer the surplus property to other county departments and, if requested, transfer custody of the property to the requesting department.
(2) 
If no other county department has need for the surplus property, the surplus property official shall appraise the surplus property. An estimated fair market value shall be established by the surplus property agent in exercising his or her best professional judgment making a good faith determination as to the value of the property, and shall determine whether the following are financially advantageous to the county:
(a) 
Trade-in of the property upon acquisition of a like article;
(b) 
Sale, rent, or lease to another governmental entity;
(c) 
Direct sale, rent, or lease to a nongovernmental entity;
(d) 
Public sale.
(3) 
The board has the sole discretion to declare as surplus any personal property with an estimated value greater than $50,000.00, and shall hold a public hearing on a proposal to dispose of such property.
(4) 
When the surplus property official determines that the surplus property is worthless, the property shall be disposed in the most cost-efficient manner. In the event the value at the site is less than the cost of hauling the property to another place of use or disposal, the property may be donated to a not-for-profit organization registered with the Secretary of State. A record of the nature and condition of the property, the date and means of disposal, and the name and address of any recipients shall be kept.
(5) 
In no event shall personal property be disposed of or given to county employees or members of their families, except that the board may transfer ownership of a county-owned law enforcement canine or service animal to its handler, in consideration of, and on the condition that, the handler assumes complete responsibility for the actions, care, and maintenance of the animal occurring after the date of transfer.
(Ord. 530 (2016) § 2 (part), 2016; Ord. 530A (2016) § 1, 2018)
(1) 
Personal property may be traded in when purchasing other property. If the county elects to trade in property, it shall include in its call for bids on the property to be purchased a notice that the county has for sale or trade-in property of a specified type, description, and quantity which will be sold or traded in on the same day and hour that the bids on the property to be purchased are opened. Any bidder may include in its offer to sell, an offer to accept the designated county property in trade by setting forth in the bid the amount of such allowance.
(2) 
In determining the lowest and best bid, the county shall consider the net cost after trade-in allowances have been deducted. The county may accept the bid of any bidder without trade-in of county property, but may not require any such bidder to purchase county property without awarding the bidder the purchase contract. Nothing in this section shall bar anyone from making an offer for the purchase of the used equipment independent of a bid on the new equipment, and the county shall consider such offers in relation to the trade-in allowances offered to determine the net best sale and purchase combination.
(Ord. 530 (2016) § 2 (part), 2016)