Chapter 12.55
STREET VACATION

Sections:

12.55.010    Authority.

12.55.020    Notice of hearing – Objections prior to hearing.

12.55.030    Hearing – Ordinance of vacation.

12.55.040    Procedure.

12.55.050    Amount.

12.55.060    Condition precedent.

12.55.070    Fees.

12.55.080    Manner of payment.

12.55.090    Street classification.

12.55.010 Authority.

Petitions for the vacation of City streets may be granted by the Council in accordance with the provisions of RCW 35.79.110, except as provided herein, and the City of Covington shall receive compensation as provided for in this chapter. (Ord. 20-07 § 22; Ord. 38-02 § 2 (12.40.010))

12.55.020 Notice of hearing – Objections prior to hearing.

The City shall give 20 days’ notice of a pending petition for a street or alley vacation by a written notice posted in two public places in the City and a like notice in a conspicuous place on the street or alley sought to be vacated. The notice shall contain a statement that a petition has been filed to vacate the street or alley described in the notice, together with a statement of the time and place fixed for the hearing of the petition. The City shall give 20 days notice by mail of the pending petition to utility agencies that have facilities located within the City or that possess a franchise agreement for providing utility service within the City. In all cases where the proceeding is initiated by resolution of the City Council without a petition having been signed by the owners of more than two-thirds of the property abutting upon the part of the street or alley sought to be vacated, in addition to the notice herein above required, there shall be given by mail at least 15 days before the date fixed for the hearing a similar notice to the owners or reputed owners of all lots, tracts or parcels of land or other property abutting upon any street or alley or any part thereof sought to be vacated, as shown on the rolls of the County Treasurer, directed to the address thereon shown; provided, that if 50 percent of the abutting property owners file written objection to the proposed vacation with the clerk, prior to the time of hearing, the City shall be prohibited from proceeding with the resolution. (Ord. 38-02 § 2 (12.40.011))

12.55.030 Hearing – Ordinance of vacation.

The hearing on such petition shall be held before Hearing Examiner upon the date fixed by notice of hearing or at the time said hearing may be adjourned to. The Hearing Examiner shall, following the hearing, report his/her recommendations on the petition to the City Council, which may adopt, reject or modify the recommendation. The hearing held before the Hearing Examiner shall be the sole open public hearing. The City shall be authorized and have authority to vacate such street, or alley, or any part thereof, and may provide that it shall not become effective until the owners of property abutting upon the street or alley, or part thereof so vacated, shall compensate the City in an amount which does not exceed one-half the appraised value of the area so vacated. If the street or alley has been part of a dedicated public right-of-way for 25 years or more, or if the subject property or portions thereof were acquired at public expense, the City may require the owners of the property abutting the street or alley to compensate the City in an amount that does not exceed the full appraised value of the area vacated. The City may retain an easement or the right to exercise and grant easements in respect to the vacated land for the construction, repair, and maintenance of public utilities and services. In addition, the City shall grant easements to utility agencies within the right-of-way of said vacation, as it may require easements to maintain the existing location of its facilities. Such easements may also be granted to utility agencies to allow for future location of facilities as reasonably anticipated by the utility agency. Such easements shall be granted at no cost to the utility agency. A certified copy of such ordinance shall be recorded by the clerk of the legislative authority and in the office of the King County Auditor. One-half of the revenue received by the City as compensation for the area vacated must be dedicated to the acquisition, improvement, development, and related maintenance of public open space or transportation capital projects within the City. (Ord. 38-02 § 2 (12.40.012))

12.55.040 Procedure.

(1) The Hearing Examiner shall hold public hearings on vacations which have been recommended for approval by the City, and provide a recommendation to the City of Covington Council, as prescribed by RCW 35.79.030.

(2) In the event the report by the City recommends denial of the vacation petition, the following shall be the operating procedure:

(a) Written notification shall be transmitted to the petitioner by the City citing the rationale for the denial and indicating that the denial may be appealed to the Hearing Examiner for hearing and recommendation to the Council. A copy of the notice of denial shall be filed with the City Clerk’s office.

(b) The notice of denial shall be final unless the petitioner files a written appeal, together with an appeal fee as set forth in the current fee resolution, with the City Clerk within 30 calendar days of the issuance of the notice of denial. The petitioner’s written appeal shall specify the basis for the appeal and any arguments in support of the appeal.

(c) Any appeal filed by a petitioner shall be processed by the Hearing Examiner in the same manner as vacations recommended for approval. (Ord. 20-07 § 23; Ord. 38-02 § 2 (12.40.015))

12.55.050 Amount.

The amount of compensation, if required in this chapter, shall be recommended by the Hearing Examiner and shall be determined by the Council according to the following criteria:

(1) Vacation of all City streets included in Classes A, B, and C, if granted, shall require compensation at the full appraised value of the vacated street for Class A vacations, at 75 percent of the full appraised value for Class B vacations, and at 50 percent of full appraised value for Class C vacations 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; provided, that the Hearing Examiner may propose and the Council shall have the authority to accept real property of equal or greater value in lieu of cash compensation. The Council shall have the authority to waive some or all of the compensation, except the administrative costs for processing the vacation of a City street, where the petitioner is providing an alternative street to the City of equal or greater value and said alternative will fulfill the public purposes of the previous transportation circulation plan.

(2) Vacation of all City streets included in Class D, or those roads vacated by operation of law under the laws of 1889-1890 and affirmed by Council action, if granted, shall require a compensation for the administrative costs of the vacation.

(3) In the recommendation to the Council pursuant to Chapter 14.35 CMC, the Hearing Examiner may recommend the acceptance of real property of equal or greater value in lieu of cash compensation, or may recommend the waiver of some or all of the compensation required by this section.

(4) When a street is vacated for a governmental agency, compensation shall be in accordance with the classification of the street, except that some or all of the compensation may be waived at the discretion of the Council.

(5) The Council may waive some or all of the compensation for any classification of street, if it determines that it would benefit City of Covington to do so. (Ord. 01-09 § 7; Ord. 20-07 § 24; Ord. 38-02 § 2 (12.40.020))

12.55.060 Condition precedent.

The compensation determined to be paid shall be a condition precedent to the vacation of any City street and shall be paid to City of Covington by petitioner within 90 days of receipt of the request for compensation prepared in accordance with CMC 12.55.050. In the event of failure of the petitioner to pay such sum within 90 days, the petition for vacation shall be denied except that if a road proposed for vacation is bordered by more than one parcel of property and if the owners of some, but not all, of those parcels want to have those portions abutting their properties vacated and are willing to pay their prorated share of the required compensation, the Department of Public Works or Department of Community Development may so modify the vacation request. (Amended at request of department 2/08; Ord. 38-02 § 2 (12.40.030))

12.55.070 Fees.

Each petition for vacation of a street shall be accompanied by a base fee in an amount as set forth in the current fee resolution, which will be used to defray examination, report, publication, investigative and other costs connected with the application. Such deposit shall not be returned to the petitioner. When deemed necessary by the City Manager, an additional deposit adequate to cover appraisal costs will be required. The department may elect to have the petition reviewed by a City-approved and hired consultant. For reviews completed by a consultant, the Department is authorized to charge the applicant the actual costs charged by the consultant, addition to the base fee. (Ord. 20-07 § 25; Ord. 38-02 § 2 (12.40.040))

12.55.080 Manner of payment.

Payment shall be made to the City of Covington and shall be credited to the City street fund. (Ord. 38-02 § 2 (12.40.050))

12.55.090 Street classification.

For the purposes of this chapter, all streets within City of Covington are declared to be within one of four classes:

(1) A Class. All City of Covington City streets or other real property interests conveyed to or held by City of Covington for street purposes for which public funds have been expended in the acquisition of said street or property interests are classified A class streets.

(2) B Class. All City of Covington City streets or other real property interests conveyed to or held by City of Covington for street purposes acquired at no monetary cost to the City and for which expenditures of funds have been made in the improvement or maintenance of same are classified B class streets.

(3) C Class. All City of Covington City streets or other real property interests conveyed to or held by City of Covington for street purposes for which no public funds have been expended in the acquisition, improvement or maintenance of same, excluding streets subject to vacation as a matter of law, are classified C class streets.

(4) D Class. All City of Covington City streets or other real property interests originally conveyed to City of Covington by the present petitioner for the vacation of said street or property interests for which no public expenditures have been made in the acquisition, improvement or maintenance of same, or any other street not included within classes A, B or C are classified D class streets. (Ord. 20-07 § 26; Ord. 38-02 § 2 (12.40.060))