Chapter 4.46
PROCEDURES FOR MANAGEMENT AND DISPOSITION OF COUNTY‑OWNED PERSONAL AND REAL PROPERTY

Sections:

4.46.005    Purpose and scope.

4.46.010    Definitions.

4.46.110    Property management division established -- Property officer appointment and authority.

4.46.115    Property management division -- Administrative responsibilities.

4.46.120    Repealed.

4.46.121    Personal property -- Departmental responsibilities.

4.46.125    Personal property -- Inventory and sales reporting.

4.46.130    Personal property -- Declaration of surplus property.

4.46.140    Repealed.

4.46.141    Personal property -- Disposition of surplus property.

4.46.150    Repealed.

4.46.151    Real property -- Departmental authority and responsibilities.

4.46.160    Repealed.

4.46.161    Real property -- Inventory and sales reporting.

4.46.165    Real property -- Assignment of names to county buildings and other facilities.

4.46.170    Real property -- Declaration of surplus property.

4.46.175    Real property -- Sales for affordable housing.

4.46.180    Repealed.

4.46.181    Real property -- Disposition of surplus property.

4.46.190    Repealed.

4.46.191    Real property -- Authority to execute licenses and permits.

4.46.200    Repealed.

4.46.201    County property -- Authority to approve disposition of surplus property.

4.46.210    Repealed.

4.46.211    County property -- Conduct of public sales and leases.

4.46.215    Repealed.

4.46.220    Repealed.

4.46.230    Repealed.

4.46.240    Repealed.

4.46.250    Disposition administration -- Advertising requirements.

4.46.260    Repealed.

4.46.270    Repealed.

4.46.280    Repealed.

4.46.290    Repealed.

4.46.300    Disposition administration -- Payment of monetary consideration for personal property.

4.46.310    Disposition administration -- Transfer of title.

4.46.320    Disposition administration -- Disposition of proceeds of personal property sales.

4.46.325    Disposition administration -- Prohibition on disposition to county employees.

4.46.330    Repealed.

4.46.335    Real property leases -- Payment of prevailing wages.

4.46.340    Repealed.

4.46.350    Repealed.

4.46.360    Real property leases -- Application procedures.

4.46.370    Real property leases -- Limitations as to term, improvements, rent, and assignment.

4.46.380    Real property leases -- Rental readjustment requirement for long-term leases.

4.46.390    Repealed.

4.46.400    Office space assessment and allocation plans.

4.46.600    Real property leases -- Special use leases of agricultural fair property.

4.46.700    Management and disposition of civil forfeiture property.

4.46.005 Purpose and scope.

The purpose of this chapter is to establish comprehensive and standardized procedures for the management and disposition of county personal and real property consistent with public interest. Unless otherwise provided by ordinance, the county shall manage and dispose of county property only as provided in this chapter or as otherwise permitted by the laws of the state of Washington now in effect or as hereafter amended.

(Added Ord. 93-137, Dec. 22, 1993, Eff date Jan. 1, 1994; Amended by Ord. 14-080, Sep. 24, 2014, Eff date Oct. 10, 2014).

4.46.010 Definitions.

The following definitions shall apply throughout this chapter.

(1) "Affordable housing" means residential housing that is rented or owned by a person who qualifies as a very low-income, low-income, or moderate-income household as those terms are defined in RCW 43.63A.510 as now written or hereafter amended.

(2) "Capitalized asset" means any fixed asset that meets the capitalization requirements established by the department of finance pursuant to SCC 2.100.030(5).

(3) "Civil forfeiture property" means property acquired or held by the county as a result of a civil forfeiture action authorized by chapter 10.46 SCC, unless and until the property is retained for official use.

(4) "Council" means the Snohomish county council.

(5) "Emergency" means a situation in which it is highly probable that county property will suffer material injury, loss or damage by delayed action.

(6) "Environmentally sensitive area" means property zoned as flood or slide hazardous property; wetlands; property that provides access to public lakes, rivers or creeks; and property containing hazardous material as determined by the department of public works.

(7) "Executive" means the Snohomish county executive or his or her designee.

(8) "Fair market value" means the amount of money that a well-informed person, willing but not obliged to enter into a transaction to purchase, lease, obtain an interest in or obtain a right to use property, would pay, and that a well informed property owner, willing but not obliged to entered into the transaction, would accept, taking into consideration all reasonable potential uses of the property.

(9) "Lot" means two or more properties of a like kind grouped together for purposes of management or disposition.

(10) "Worthless property" means property that when processed as surplus in the manner most advantageous to the county is not of sufficient value to recoup more than the cost of sale, recycling, or disposal.

(Adopted by Res. Dec. 18, 1978; Amended Ord. 93-137, Dec. 22, 1993, Eff date Jan. 1, 1994; Ord. 04-014, Feb. 18, 2004, Eff date Mar 4, 2004; Amended by Amended Ord. 07-102, Oct. 24, 2007; Eff date Nov. 8, 2007; Amended by Amended Ord. 08-139, Oct. 20, 2008, Eff date Nov. 16, 2008; Amended by Ord. 14-080, Sep. 24, 2014, Eff date Oct. 10, 2014).

4.46.110 Property management division established -- Property officer appointment and authority.

The county property management division is hereby established within the department of facilities management and empowered to act as the county’s administrative agency for the management and disposition of county property. The director of the department of facilities management shall appoint a property officer to manage all responsibilities entrusted and to exercise the authority granted to the property management division.

(Adopted Res. Dec. 18, 1978; Amended Ord. 93-137, Dec. 22, 1993, Eff date Jan. 1, 1994; Amended Ord. 07-015, March 21, 2007, Eff date April 7, 2007; Amended by Ord. 14-080, Sep. 24, 2014, Eff date Oct. 10, 2014).

4.46.115 Property management division -- Administrative responsibilities.

Except as otherwise provided by ordinance or as delegated by executive order, the property management division shall be responsible for the administrative processes relating to the acquisition, management and disposition of property owned, leased, or otherwise held by the county. In exercising this responsibility, the property management division shall:

(1) Assign an identification number to each item of personal property that is a capitalized asset;

(2) Maintain original vehicle and equipment titles except titles to vehicles and equipment purchased or maintained through the equipment rental and revolving fund, which shall be maintained by the fleet management division of the department of facilities management;

(3) Conduct inventory audits and maintain inventory records for county property;

(4) Consolidate personal property into lots when doing so provides an advantage with respect to its management or disposition;

(5) Determine the fair market value of surplus property by appraisal, market study, or other means appropriate to the type of property and determine whether, based on such fair market value and disposition costs, the surplus property is worthless;

(6) Maintain all original deeds, easements, reservations of mineral rights and other documents evidencing title to real property except those documents relating to property held for county road purposes, which shall be maintained by the department of public works;

(7) Maintain all original lease and license agreements except:

(a) Agreements relating to property within the boundaries of the Snohomish county airport, which shall be maintained by the Snohomish county airport manager;

(b) License agreements approved under SCC 2.32.150, which shall be maintained by the department of parks and recreation; and

(c) Residential leases of real property within the custodianship of the department of parks and recreation, which shall be maintained by the department of parks and recreation.

(8) Act as the designee of the county treasurer under RCW 36.34.080 as now enacted or hereafter amended;

(9) Recommend removing the tax title status of property by paying the outstanding taxes as provided in RCW 36.35.150(1) if the property may have use for a public purpose;

(10) Advertise the disposition of surplus property as provided in SCC 4.46.250 or as otherwise required by applicable law;

(11) Upon request from the public, provide verification or status of county ownership or placement in county inventory for county real and personal property;

(12) Initiate requests to utilities to start or stop service delivery to county real property;

(13) Execute form trespass enforcement requests to local law enforcement agencies having jurisdiction where county real property is located;

(14) Execute all documents for which the property management division is granted signature authority;

(15) Conduct or approve the conduct of the disposition of all surplus county property except disposition of property approved and conducted by the purchasing manager or fleet manager pursuant to SCC 4.46.201;

(16) Execute all documents necessary to complete transactions for which the property officer has approval authority.

(Added Ord. 93-137, Dec. 22, 1993, Eff date Jan. 1, 1994; Amended by Ord. 95-123, § 1, Jan. 3, 1996, Eff date Jan. 15, 1996; Amended Ord. 95-123, § 1, Jan. 3, 1996, Eff date Jan. 15, 1996; Amended by Amended Ord. 07-102, Oct. 24, 2007, Eff date Nov. 8, 2007; Amended by Ord. 14-080, Sep. 24, 2014, Eff date Oct. 10, 2014; Amended by Ord. 16-122, Jan. 11, 2017, Eff date Jan. 27, 2017).

4.46.120 Duty to maintain inventory of personal property.

(Adopted Res. Dec. 18, 1978; Amended Ord. 93-137, Dec. 22, 1993, Eff date Jan 1, 1994; Repealed by Ord. 14-080, Sep. 24, 2014, Eff date Oct. 10, 2014).

4.46.121 Personal property -- Departmental responsibilities.

Each county department shall:

(1) Maintain all personal property for which it is custodian;

(2) Promptly notify the property management division of any personal property surplus to its needs;

(3) No later than the date in November designated by the property officer, submit to the property management division a capitalized asset inventory report verified by the department head or his or her designee. The inventory report shall provide the following information with respect to each capitalized asset that has been in the custody of the department at any time since it submitted the previous capitalized asset inventory report:

(a) Property description;

(b) Date acquired by the county;

(c) Original purchase cost;

(d) The estimated life;

(e) County identification number; and

(f) Date of departmental acquisition and/or disposition.

The property management division may require the department to submit additional information to ensure the validity of a submitted inventory report or to comply with the requirements of RCW 36.32.210 as now enacted or hereafter amended.

(Added by Ord. 14-080, Sep. 24, 2014, Eff date Oct. 10, 2014).

4.46.125 Personal property -- Inventory and sales reporting.

Before February 15th of each year, the property management division shall prepare and submit to the council for approval by motion, an inventory and disposition report listing all county capitalized assets held during the previous calendar year under the standards set forth in RCW 36.32.210 as now enacted or hereafter amended, except that the fleet management division of the department of facilities management shall prepare and submit the report with respect to capitalized assets purchased and maintained through the equipment rental and revolving fund.

On the first Monday of March of each year, the property management division shall file the approved inventory and disposition report with the county auditor and make the report available for public inspection in accordance with state law.

(Added Ord. 93-137, Dec. 22, 1993, Eff date Jan. 1, 1994; Amended by Ord. 14-080, Sep. 24, 2014, Eff date Oct. 10, 2014).

4.46.130 Personal property -- Declaration of surplus property.

Upon receiving notice from a department head or his or her designee that a lot or item of personal property is surplus to the department’s needs, the property management division shall determine whether another department has a need for the property and, if so, transfer custodianship to that department at such value as is required by law.

If no other department has a current or reasonably foreseeable future need for such property, the property officer shall declare the property surplus to the foreseeable needs of the county, determine its fair market value, and recommend to the individual or body authorized to approve disposition under SCC 4.46.201 of the most advantageous disposal method.

(Adopted by Res. Dec. 18, 1978; Amended Ord. 93-137, Dec. 22, 1993, Eff date Jan. 1, 1994; Ord. 95-123, § 2, Jan. 3, 1996, Eff date Jan. 15, 1996; Amended Ord.7 95-123, § 2, Jan 3, 1996, Eff date Jan. 15, 1996; Amended by Ord. 14-080, Sep. 24, 2014, Eff date Oct. 10, 2014).

4.46.140 Duty to consolidate.

(Adopted by Res. Dec. 18, 1978; Amended Ord. 93-137, Dec. 22, 1993, Eff date Jan. 1, 1994; Repealed by Ord. 14-080, Sep. 24, 2014, Eff date Oct. 10, 2014).

4.46.141 Personal property -- Disposition of surplus property.

The county may dispose of surplus property by:

(1) Public sale;

(2) Negotiated sale if the county offered the property for public sale and did not receive a bid within the advertised minimum value and terms;

(3) Negotiated sale, lease, or trade to a governmental agency;

(4) Negotiated sale of cut or fallen timber for firewood;

(5) Trade for new equipment as provided in SCC 3.04.130(11);

(6) Recycling;

(7) Disposal or destruction;

(8) Any method approved by council motion if the council also determines an emergency to exist with respect to the property; or

(9) Any method authorized by state law.

(Added by Ord. 14-080, Sep. 24, 2014, Eff date Oct. 10, 2014; Amended by Ord. 16-122, Jan. 11, 2017, Eff date Jan. 27, 2017).

4.46.150 Property administrator -- Duty to determine value of surplus property.

(Adopted by Res. Dec. 18, 1978; Amended Ord. 93-137, Dec. 22, 1993, Eff date Jan. 1, 1994; Repealed by Ord. 14-080, Sep. 24, 2014, Eff date Oct. 10, 2014).

4.46.151 Real property -- Departmental authority and responsibilities.

(1) Each county department shall:

(a) Maintain all real property for which it is custodian;

(b) Promptly notify the property management division of any real property for which it is custodian that is surplus to its needs.

(c) No later than the date in November designated by the property officer, submit to the property management division a real property inventory report verified by the department head or his or her designee. The inventory report shall provide the following information with respect to each parcel of real property which has been in the custody of the department at any time since it submitted the previous real property inventory report:

(i) Parcel description;

(ii) Present use;

(iii) Cost of improvements made since the department submitted the previous real property inventory report; and

(iv) Whether the department considers the property surplus to its future needs.

(2) The prosecuting attorney may file an action to quiet title with regard to real property for which there is a legitimate dispute as to the county’s title upon a referral from the property officer, executive, or council;

(3)  The property officer may approve, accept, and execute as necessary, documents or deeds that:

(a) Correct errors in prior documents or deeds; and

(b) Resolve improper road reservations in treasurer’s deeds.

(Added by Ord. 14-080, Sep. 24, 2014, Eff date Oct. 10, 2014).

4.46.160 Property management division -- Responsibilities and powers regarding county real property.

(Adopted by Res. Dec. 18, 1978; Amended Ord. 92-089, Aug. 19, 1992; Amended Ord. 93-137, Dec. 22, 1993, Eff date Jan. 1, 1994; Repealed by Ord. 14-080, Sep. 24, 2014, Eff date Oct. 10, 2014).

4.46.161 Real property -- Inventory and sales reporting.

Before February 15th of each year, the property management division shall prepare and submit to the council an inventory and disposition report listing all county real property held during the previous calendar year, except county road right-of-way. With respect to property held on the previous December 31st, the report shall provide a parcel description, acreage, date and cost of acquisition, improvements, whether the property is tax title property, and the current custodial department. With respect to property disposed of during the previous calendar year, the report shall provide a parcel description, date of sale, purchaser, and the amount paid.

(Added by Ord. 14-080, Sep. 24, 2014, Eff date Oct. 10, 2014).

4.46.165 Real property -- Assignment of names to county buildings and other facilities.

Except as provided in SCC 2.18.070 for county parks and recreation facilities managed by the department of parks and recreation, authority to assign names to county buildings, parks, and other facilities shall be vested exclusively in the county council.

(Added by Ord. 09-109, Oct. 28, 2009, Eff date Nov. 15, 2009; Amended by Ord. 14-080, Sep. 24, 2014, Eff date Oct. 10, 2014)

4.46.170 Real property -- Declaration of surplus property.

Upon receiving notice from a department head or his or her designee that a parcel of real property is surplus to the department’s needs, or as otherwise directed by the executive or council, the property officer shall review and make recommendations to the individual or body authorized to dispose of the property under SCC 4.46.201 regarding its disposition. In making a recommendation, the property officer shall consider:

(1) Other county use;

(2) Exchange for privately or publicly owned lands that meet future county land needs;

(3) Lease or license to nongovernmental parties;

(4) Sale, lease or license to other governmental agencies;

(5) Retention by the county if the parcel is contained within an environmentally sensitive area;

(6) Long-term lease or sale for on-site development of affordable housing;

(7) Public or negotiated sale.

(Adopted by Res. Dec. 18, 1978; Amended Ord. 93-137, Dec. 22, 1993, Eff date Jan. 1, 1994; Ord. 95-004, § 15, Feb. 15, 1995, Eff date Feb. 27, 1995; Amended Ord. 99-051, § 1, June 30, 1999, Eff date July 11, 1999; Amended by Ord. 14-080, Sep. 24, 2014, Eff date Oct. 10, 2014).

4.46.175 Real property -- Sales for affordable housing.

(1) In determining whether surplus real property is suitable for use as affordable housing, the property officer shall consider whether the property lies within a designated Urban Growth Area; whether the underlying zoning for the property supports residential uses; and the availability of public services and transportation within a reasonable walking distance.

(2) When making a formal recommendation on the potential use of surplus county real property for affordable housing, the property officer shall also recommend appropriate restrictions, if any, regarding future use of the property.

(Added Ord. 99-051, § 2, June 30, 1999, Eff date July 11, 1999; Amended by Ord. 14-080, Sep. 24, 2014, Eff date Oct. 10, 2014).

4.46.180 Duties pertaining to tax title lands.

(Adopted by Res. Dec. 18, 1978; Amended Ord. 93-137, Dec. 22, 1993, Eff date Jan. 1, 1994; Repealed by Ord. 14-080, Sep. 24, 2014, Eff date Oct. 10, 2014).

4.46.181 Real property -- Disposition of surplus property.

The county may dispose of surplus real property by:

(1) Public sale;

(2) Negotiated sale if the county offered the property for public sale and did not receive a bid within advertised minimum value and terms;

(3) Negotiated sale, lease, or trade to a governmental agency for consideration sufficient to comply with RCW 43.09.210;

(4) Negotiated sale pursuant to a competitive selection process approved by the council that requires the purchaser to contract with the county to develop the property within parameters set by the selection process;

(5) Negotiated sale or lease for on-site development of affordable housing pursuant to a request for proposals approved by the council;

(6) Negotiated sale to the owner of adjoining real property if the property sold is located:

(a) In unincorporated Snohomish County and does not meet the minimum lot size or other dimensional requirements for residential or commercial development under Title 30 SCC; or

(b) In an incorporated area and does not meet the minimum lot size or other dimensional requirements for residential or commercial development under the land development laws that apply to the property;

(7) Negotiated sale of property originally acquired for road right-of-way purposes to an individual or entity in order to comply with a legal obligation to provide relocation assistance;

(8) Trade for real property of equal or greater value;

(9) Negotiated or publicly bid lease;

(10) Granting easements;

(11) Releasing reserved mineral rights;

(12) Any method approved by council motion should the council also determine that an emergency exists with respect to the property; and

(13) Any method authorized by state law.

(Added by Ord. 14-080, Sep. 24, 2014, Eff date Oct. 10, 2014; Amended by Ord. 16-122, Jan. 11, 2017, Eff date Jan. 27, 2017).

4.46.190 Authority to dispose of property.

(Adopted by Res. Dec. 18, 1978; Amended Ord. 93-137, Dec. 22, 1993, Eff date Jan. 1, 1994; Repealed by Ord. 14-080, Sep. 24, 2014, Eff date Oct. 10, 2014).

4.46.191 Real property -- Authority to execute licenses and permits.

(1) Except as otherwise provided by ordinance, the execution of all licenses, permits, and residential leases to occupy, use, or access county real property must be approved by the council.

(2) The property officer may approve and execute licenses and permits over county-owned real property subject to:

(a) Any administrative fee imposed by the property officer; and

(b) Approval of insurance and indemnification provisions by Risk Management.

(3) The executive may approve and execute:

(a) Licenses and permits for non-commercial functions and events supporting county operations or sponsored by county agencies at rates approved by the council in the following facilities:

(i) Robert J. Drewel building 1st floor public meeting rooms 61F03 (125) and 61F07 (80), between the hours of 6:30 a.m. and 10:00 p.m., seven days a week;

(ii) Robert J. Drewel building conference rooms 6A02 (25), 6A03 (18), 6A04 (25), 6B04 (8) between the hours of 8:00 a.m. and 10:00 p.m., Monday through Friday (except county holidays).

(iii) 3000 Rockefeller Plaza and Amphitheater between the hours of 6:30 a.m. and 10:00 p.m., seven days a week.

Such licenses and permits shall reserve the right to cancel bookings to accommodate county operational needs.

(b) Licenses and permits to use discrete portions of the Administration West building, Robert J. Drewel building, Mission building, Carnegie building, Multi-Service building, courthouse facilities, and other county buildings otherwise used for county administrative purposes at fair market value for periods of four years or less after approval of insurance and indemnification provisions by Risk Management;

(c) Licenses and permits to occupy or use premises of the Evergreen State Fairgrounds as provided in SCC 2.32.150;

(d) Licenses and permits affecting any property under the custodianship of the department of parks and recreation, including deeds of right to use land for public recreation purposes, hazardous substances certifications required for property acquired with funds granted by the recreation and conservation office, and declarations and other documents imposing protective covenants, conditions, and other restrictions on property acquired with funds granted by the state conservation futures program; and

(e) Licenses and permits to occupy, use or access the Snohomish County Airport as provided in SCC 2.10.010(12);

(f) Licenses and permits incidental to haul route agreements and waste reduction and recycling grant contracts as provided in SCC 2.10.010(17) and SCC 2.10.010(20); and

(g) Licenses and permits required under SCC 10.06.030; and

(h) Residential leases of real property under the custodianship of the department of parks and recreation or the department of public works where such residential lease is for a term of not more than one year.

(4) The executive shall submit an annual report to the council not later than February 15th of each year showing the licenses and permits approved under this section and their parties, consideration, duration, and the terms of any amendments.

(Added by Ord. 14-080, Sep. 24, 2014, Eff date Oct. 10, 2014; Amended by Ord. 17-037, Aug. 2, 2017, Eff date Aug. 17, 2017).

4.46.200 Property management division duties to dispose of property.

(Adopted by Res. Dec. 18, 1978; Amended Ord. 93-137, Dec. 22, 1993, Eff date Jan. 1, 1994; Repealed by Ord. 14-080, Sep. 24, 2014, Eff date Oct. 10, 2014).

4.46.201 County property -- Authority to approve disposition of surplus property.

(1) Except as provided in this section or as otherwise provided by ordinance, the council must approve the method used for the disposition of surplus county property.

(2) The property officer may approve the disposition of surplus property in the following circumstances:

(a) Sales of county property valued at $10,000 or less;

(b) Recycling, disposal, or destruction of county personal property if the property is worthless;

(c) Grants of easements on county real property where such easement is valued at $10,000 or less; and

(d) Releases of mineral rights reserved in treasurer’s deeds if mineral surveys indicate the absence of minerals with market value in excess of the cost to remove the minerals.

(3) The executive may approve the disposition of surplus property in the following circumstances:

(a) Sales of county property valued at $25,000 or less;

(b) Recycling, disposal, or destruction of county personal property if the property is worthless;

(c) Leases of the Snohomish County Airport as provided in SCC 2.10.010(12);

(d) Leases of residential county property for residential purposes.

(4) The purchasing manager may approve and conduct the disposition of surplus county personal property traded for new equipment as provided in SCC 3.04.130(11) after notifying the property officer.

(5) The fleet manager may approve and conduct the disposition of surplus property through public sales of county fleet vehicles and equipment valued at $25,000 or less.

(6) The disposition approval authority granted to an individual in an executive department by this section includes the authority to execute all documents necessary to effectuate the disposition absent an executive order limiting such authority to another individual.

(Added by Ord. 14-080, Sep. 24, 2014, Eff date Oct. 10, 2014; Amended by Ord. 17-037, Aug. 2, 2017, Eff date Aug. 17, 2017).

4.46.210 Personal property -- Sale or disposition by other than property management division.

(Adopted by Res. Dec. 18, 1978; Amended Ord. 93-137, Dec. 22, 1993, Eff date Jan. 1, 1994; Repealed by Ord. 14-080, Sep. 24, 2014, Eff date Oct. 10, 2014).

4.46.211 County property -- Conduct of public sales and leases.

(1) Public sales and leases of county property shall be made to the highest responsible bidder at public auction, sealed bid auction, or any other auction method through which the county or contracted auctioneer can receive bids from the general public within advertised terms.

(2) In determining the highest responsible bidder for leases, in addition to the amount of rent bid, the county may consider the character, integrity, and reputation of the bidder; compliance by the bidder with the terms of other real property leases; and other relevant information stated within the advertised terms.

(3) In the case of tie bids in a sealed bid or similar auction, the county may solicit tie bidders to submit a second bid that is no less than the amount of the tie bid at a time, place and manner determined by the property officer.

(4) The county may, if deemed to be in the best interest of the county, reject any and all bids and either withdraw the property from sale or lease, call for new bids, or sell or lease the property under any other authorized method.

(Added by Ord. 14-080, Sep. 24, 2014, Eff date Oct. 10, 2014).

4.46.215 Disposal of timber by permit.

(Added Ord. 93-137, Dec. 22, 1993, Eff date Jan. 1, 1994; Repealed by Ord. 14-080, Sep. 24, 2014, Eff date Oct. 10, 2014).

4.46.220 Worthless property.

(Adopted by Res. Dec. 18, 1978; Amended Ord. 93-137, Dec. 22, 1993, Eff date Jan. 1, 1994; Repealed by Ord. 14-080, Sep. 24, 2014, Eff date Oct. 10, 2014).

4.46.230 Property valued at less than $5,000.

(Adopted by Res. Dec. 18, 1978; Amended Ord. 93-137, Dec. 22, 1993, Eff date Jan. 1, 1994; Repealed by Ord. 14-080, Sep. 24, 2014, Eff date Oct. 10, 2014).

4.46.240 Sales of personal property -- Valued at $5,000 or more.

(Adopted by Res. Dec. 18, 1978; Amended Ord. 93-137, Dec. 22, 1993, Eff date Jan. 1, 1994; Repealed by Ord. 14-080, Sep. 24, 2014, Eff date Oct. 10, 2014).

4.46.250 Disposition administration -- Advertising requirements.

(1) The property management division shall advertise sales in a manner most appropriate to effect an advantageous sale, which shall include the following minimum requirements:

(a) For public sale of property valued at less than $5,000, by publishing notice at least five days before the sale in a legal newspaper of general circulation or a newspaper having general circulation in the county;

(b) For public sale of property valued at $5,000 or more, by publishing a notice that describes the property and advises interested purchasers of the time and place of sale in a legal newspaper of general circulation at least once a week for two consecutive weeks, the last notice to appear no more than five days before the date of sale;

(c) For negotiated sales of property pursuant to SCC 4.46.141(2) or SCC 4.46.46.181(2) after an unsuccessful public sale, by publishing a notice that describes the proposed terms of sale, any non-negotiable terms, and whether the county will open the negotiated sale process to proposals from interested parties, in a legal newspaper of general circulation or a newspaper having general circulation in the county at least once a week for two consecutive weeks before an offer is accepted by the county; and

(2) The property officer may waive advertising requirements imposed by this section if:

(a) The cost of administration, advertisement, and maintaining property awaiting sale during the period required to follow the advertising requirements would exceed the value of the property;

(b) The council has determined an emergency to exist with respect to the property; or

(c) State law imposes different advertising requirements.

(3) When an advertisement is required or is waived under this section, the notice of sale shall be posted in the courthouse at least three days before the sale.

(4) In the case of real property, the notice shall describe the property by both its legal description and street address, or if there is no street address, by a vicinity description. If real property is offered for sale on other than a cash basis, the terms must be stated in the advertisement.

(Adopted by Res. Dec. 18, 1978; Amended Ord. 93-137, Dec. 22, 1993, Eff date Jan. 1, 1994; Amended by Ord. 14-080, Sep. 24, 2014, Eff date Oct. 10, 2014).

4.46.260 Sale of county property -- Public sale.

(Adopted by Res. Dec. 18, 1978; Amended Ord. 93-137, Dec. 22, 1993, Eff date Jan. 1, 1994; Amended Ord. 99-051, § 3, June 30, 1999, Eff date July 11, 1999; Ord. 05-059, Aug. 17, 2005, Eff date Sept. 9, 2005; Ord. 08-009, Feb. 27, 2008, Eff date Mar. 13, 2008; Repealed by Ord. 14-080, Sep. 24, 2014, Eff date Oct. 10, 2014).

4.46.270 Intergovernmental sales.

(Adopted by Res. Dec. 18, 1978; Amended Ord. 93-137, Dec. 22, 1993, Eff date Jan. 1, 1994; Repealed by Ord. 14-080, Sep. 24, 2014, Eff date Oct. 10, 2014).

4.46.280 Personal property -- Trade-in.

(Adopted by Res. Dec. 18, 1978; Amended Ord. 93-137, Dec. 22, 1993, Eff date Jan. 1, 1994; Repealed by Ord. 14-080, Sep. 24, 2014, Eff date Oct. 10, 2014).

4.46.290 Sale of surplus real property -- Council approval required.

(Adopted by Res. Dec. 18, 1978; Amended Ord. 93-137, Dec. 22, 1993, Eff date Jan. 1, 1994; Repealed by Ord. 14-080, Sep. 24, 2014, Eff date Oct. 10, 2014).

4.46.300 Disposition administration -- Payment of monetary consideration for personal property.

The county may not transfer possession of sold county personal property until all monetary proceeds are received in cash or by certified check, cashier’s check, or electronic funds transfer. Failure to comply with terms of sale by a purchaser will result in forfeiture of any and all monies paid.

(Adopted by Res. Dec. 18, 1978; Amended Ord. 93-137, Dec. 22, 1993, Eff date Jan. 1, 1994; Amended by Ord. 14-080, Sep. 24, 2014, Eff date Oct. 10, 2014).

4.46.310 Disposition administration -- Transfer of title.

In no case shall the title to county property be transferred until the purchase price has been paid.

(Adopted by Res. Dec. 18, 1978; Amended by Ord. 14-080, Sep. 24, 2014, Eff date Oct. 10, 2014).

4.46.320 Disposition administration -- Disposition of proceeds of personal property sales.

The treasurer may establish such funds and accounts as may be necessary to deposit personal property sales proceeds until final disposition.

(Adopted by Res. Dec. 18, 1978; Amended Ord. 93-137, Dec. 22, 1993, Eff date Jan. 1, 1994; Amended by Ord. 14-080, Sep. 24, 2014, Eff date Oct. 10, 2014).

4.46.325 Disposition administration -- Prohibition on disposition to county employees.

No interest in county property disposed of under this chapter may be sold, leased or otherwise transferred, directly or indirectly, to an employee of the county, except residential property within the custodianship of the department of parks and recreation may be leased to employees upon approval of the executive.

(Added by Ord. 14-080, Sep. 24, 2014, Eff date Oct. 10, 2014).

4.46.330 Lease of surplus real property -- Authority to lease -- Manner of awarding lease.

(Adopted by Res. Dec. 18, 1978; Amended Ord. 93-137, Dec. 22, 1993, Eff date Jan. 1, 1994; Amended by Ord. 11-029, June 15, 2011, Eff date June 27, 2011; Repealed by Ord. 14-080, Sep. 24, 2014, Eff date Oct. 10, 2014).

4.46.335 Real property leases -- Payment of prevailing wages.

(1) No lease, amendment to a lease, or extension of a lease of county-owned real property shall be entered into unless the lessee, successors or assigns agree, as a term of the lease, that all contracts for any work, construction, alteration, repair or improvement to said leasehold, other than ordinary maintenance, require the contractor or developer to comply with the prevailing wage provisions of RCW 39.12.010 through 39.12.030 as if the project were a public work as defined in RCW 39.04.010 except as provided herein. Said lease shall provide by its terms that failure to comply with the provisions of this section shall constitute a default of said lease resulting in its termination unless said default is cured 30 days after notice thereof. Responsibility for ensuring compliance with this section rests entirely with the leaseholder, and in no way with the county. All persons entering into a lease, amendment, or extension of a lease of county-owned real property after May 1, 1993, shall be deemed to have entered into such lease, amendment or extension with knowledge of this section and shall be bound by the terms thereof as a material provision of said lease, except as provided in subsection (2) of this section.

(2) Unless a project or work is a public work as defined in RCW 39.04.010, the leaseholder shall be exempt from compliance with the prevailing wage provisions of subsection (1) of this section in the following circumstances:

(a) Construction/remodeling jobs where the entire project cost is less than $5,000, but no project may be subdivided or otherwise disaggregated so as to enable the project or any part of it to be exempt from compliance with the prevailing wage provisions of subsection (1) of this section;

(b) Construction/remodeling jobs where the work is entirely performed by the leaseholder or leaseholder’s regular on-going full time employees;

(c) Janitorial building maintenance contracts not associated with construction site clean up work;

(d) Any construction, reconstruction, maintenance or repair in progress on January 1, 1994;

(e) The leasehold emanates from a lease of county owned real property executed before January 1, 1994, or from an amendment, restatement, sublease, or assignment of such a lease that is initiated by the county.

(3) Proof of compliance with the terms of this section shall be provided by the lessee in such form as required by the property management division.

(Added Ord. 93-032, April 14, 1993; Amended Ord. 93-137, Dec. 22, 1993, Eff date Jan. 1, 1994; Amended by Ord. 14-080, Sep. 24, 2014, Eff date Oct. 10, 2014).

4.46.340 Lease of county real property.

(Adopted by Res. Dec. 18, 1978; Amended Ord. 93-137, Dec. 22, 1993, Eff date Jan. 1, 1994; Repealed by Ord. 14-080, Sep. 24, 2014, Eff date Oct. 10, 2014).

4.46.350 Lease of county real property--Competitive bidding considered--Reservation of right to reject all bids.

(Adopted by Res. Dec. 18, 1978; Amended Ord. 93-137, Dec. 22, 1993, Eff date Jan. 1, 1994; Repealed by Ord. 14-080, Sep. 24, 2014, Eff date Oct. 10, 2014).

4.46.360 Real property leases -- Application procedures.

All applications to lease county real property shall be submitted to the property management division, except applications for residential leases of residential real property managed by the department of parks and recreation shall be submitted to the department of parks and recreation. The county may require that applicants submit a deposit or bid bond, in the form of a cashier’s or certified check, with each application or bid. Any deposit or bid bond submitted by an unsuccessful application shall be returned to the applicant. If the accepted applicant fails to execute the lease or refuses to comply with the terms of the application, the deposit or bid bond shall be forfeited to the county, and such funds shall be deposited in the current expense fund.

(Adopted by Res. Dec. 18, 1978; Amended Ord. 93-137, Dec. 22, 1993, Eff date Jan. 1, 1994; Amended by Ord. 14-080, Sep. 24, 2014, Eff date Oct. 10, 2014).

4.46.370 Real property leases -- Limitations as to term, improvements, rent, and assignment.

(1) The county may lease county-owned real property for a term not to exceed 10 years, except as follows:

(a) When the council determines it to be in the best public interest, the county may lease real property necessary to the support or expansion of an adjacent facility to the lessee or owner of the adjacent facility for a term not to exceed 35 years.

(b) When the council determines it to be in the best public interest, the county may lease real property for a term not to exceed 35 years if the value of existing improvements not owned by the county, together with those to be constructed at lessee expense under the terms of the lease, equal or exceed the value of the real property and will become county property under the terms of the lease.

(c) Where the property to be leased is to be used for major airport, industrial or commercial purposes that require extensive improvements, the county may lease such property for a term equal to the estimated useful life of the improvements, but not to exceed 75 years.

(d) Lease of agricultural fair property as provided in SCC 4.46.600.

(2) All leases of county-owned real property shall meet the following requirements:

(a) The lessee shall not be permitted to improve or alter the leased property in any manner without the prior written consent of the county and shall, before making any improvements or alterations, submit plans and designs to the county for approval to proceed with the construction process.

(b) Unless otherwise specifically provided in the lease, all improvements or alterations erected or made on the leased property shall, on expiration or sooner termination of the lease, become the property of the county without compensation to lessee. The county shall retain the option, however, to require the lessee to remove any or all such improvements or alterations. If the lessee fails substantially to make the improvements or alterations required by the lease, the county may terminate the lease and retain all rentals paid to the county.

(c) No lease may be assigned or subleased without approval by the county in writing.

(Adopted by Res. Dec. 18, 1978; Amended Ord. 93-137, Dec. 22, 1993, Eff date Jan. 1, 1994; Ord. 95-123, § 3, Jan. 3, 1996, Eff date Jan. 15, 1996; Amended Ord. 95-123, § 3, Jan 3, 1996, Eff date Jan 15, 1996; Amended by Ord. 11-029, June 15, 2011, Eff date June 27, 2011; Amended by Ord. 14-080, Sep. 24, 2014, Eff date Oct. 10, 2014).

4.46.380 Real property leases -- Rental readjustment requirement for long-term leases.

Any lease of county owned property for a term longer than five years shall contain a provision requiring the lessee to permit the rent to be adjusted and fixed by the county every five years, although any lease may provide for more frequent readjustments.

(Adopted by Res. Dec. 18, 1978; Amended Ord. 93-137, Dec. 22, 1993, Eff date Jan. 1, 1994; Amended by Ord. 14-080, Sep. 24, 2014, Eff date Oct. 10, 2014).

4.46.390 Execution of lease agreement bid bonds.

(Adopted by Res. Dec. 18, 1978; Amended Ord. 93-137, Dec. 22, 1993, Eff date Jan. 1, 1994; Repealed by Ord. 14-080, Sep. 24, 2014, Eff date Oct. 10, 2014).

4.46.400 Office space assessment and allocation plans.

(1) On or before December 31st of each year the director of the department of facilities management shall prepare and submit to the county council a proposed office space plan for the following fiscal year or biennium in accordance with this section. The director of the department of facilities management or any elected department head may propose corrections or revisions to an office space plan at any time.

(2) The office space plan shall include all office space used by or available to the county, regardless of where located.

(3) The council shall review and approve the office space plan with such revisions as it deems appropriate. Upon council approval, the plan shall govern the use of county office space by all county officers and employees, and shall be implemented by the property management division. Council approval of the plan is an administrative act and may be taken by motion.

(4) Each office space plan prepared by the director of the department of facilities management shall include:

(a) A detailed inventory of county office space, which inventory shall include the size of each office by square footage;

(b) A detailed description of the current uses of county office space, which description shall include maps or diagrams that indicate the county agencies and staff positions assigned to each office;

(c) A detailed description of any restrictions on the use of county office space, which description shall identify the source of each restriction and the specific office to which it applies;

(d) An assessment of whether current uses of office space are efficient and cost-effective, which assessment shall include a description of assessment methodology;

(e) A detailed description of any changes to the use or configuration of county office space recommended by the director of the department of facilities management; and

(f) A cost estimate, implementation plan, and timetable for each change recommended by the director of the department of facilities management.

(5) Each office space plan submitted by the director of the department of facilities management that recommends a change having an estimated cost in excess of $5,000 shall be accompanied by a written statement of available funding sources, if any, for each such recommendation.

(Added by Amended Ord. 08-139, Oct. 20, 2008, Eff date Nov. 16, 2008)

4.46.600 Real property leases -- Special use leases of agricultural fair property.

The county may lease agricultural fair property to a non-profit organization if the terms of the lease are consistent with the following:

(1) The consideration received must equal or exceed the fair market value considering funds paid to the county; funds used to construct, improve or maintain the county real property under the lease; and funds used for county purposes whether by the county or the lessee.

(2) The term of the lease shall not exceed 35 years.

(3) The property shall be used for purposes that are compatible with other uses of the fair property and the annual agriculture fair and, if used for revenue producing purposes, the net revenue after payment of reasonable expenses for the operation and administration of the revenue producing activities, maintenance, and the cost of improvements to the property shall be expended solely for county purposes whether by the county or the non-profit lessee. The books and records of the lessee shall be available and accessible at all times for inspection by the county executive or his designee.

(4) The lease may provide for the exclusive use of some portions of the leased property during the non-fair period or the joint use with provision for adequate notice between lessee and the lessor.

(5) All proposed capital improvements that exceed $50,000 shall be approved by the council prior to the calling for bids.

(6) If the lease provides that the lessee may use the property during fair operation, the leased property shall be used for fair purposes and such use shall be a portion of the fair, further the general operation of the fair, attract attendance to the fair, and comply with the general rules and regulations of fair activities.

(7) The leased property may be sub-leased by the lessee for uses consistent with this section only with written approval by the county. Net proceeds of sub-leases must be used in a manner consistent with subsection (3) of this section and sub-lease agreements for a term exceeding 30 days must be approved by the council.

(8) At the termination of the lease, all improvements on the property shall revert to and become county property.

(Added Ord. 83-006, § 1, Feb. 9, 1983; Amended Ord. 93-137, Dec. 22, 1993, Eff date Jan. 1, 1994; Amended by Ord. 14-080, Sep. 24, 2014, Eff date Oct. 10, 2014).

4.46.700 Management and disposition of civil forfeiture property.

The property management division shall manage and dispose of civil forfeiture property in the manner authorized by chapter 10.46 SCC. Once civil forfeiture property is retained for official use by the county, the property management division shall manage and dispose of the retained property as provided in chapter 4.46 SCC.

(Added Ord. 04-014, Feb. 11, 2004, Eff date Mar. 4, 2004)