Chapter 15.22


15.22.010    General policy statement – Public works department authority.

15.22.020    Appraisal.

15.22.030    Compensation.

15.22.040    Property owner protection – Structures and property remnants.

15.22.050    Property owner protection – Coercion and legal obligations.

15.22.060    Vacation procedure – Notice to tenant.

15.22.070    Vacation procedure – Rental agreements prior to property acquisition.

15.22.080    Property owner relocation.

15.22.090    City assumption of miscellaneous financial responsibilities.

15.22.100    Rodent control.

15.22.010 General policy statement – Public works department authority.

The city shall follow the policies set forth in this chapter in its acquisition of real property. The public works department shall be responsible for the real estate acquisition. (Res. 193, 1976)

15.22.020 Appraisal.

(1) Real property must be appraised before initiation of negotiations with the owner. Appraisals will be conducted by an independent land appraiser. Appraisal reviews will be conducted by a separate person.

(2) Owners or their representatives will be given an opportunity to accompany each appraiser during his inspection of the property. A statement of accompaniment will advise the owner of the date and time of appraisal and the owner will be invited to join the appraiser. (Res. 193 §§ 1, 2, 1976)

15.22.030 Compensation.

(1) The city will establish just compensation before initiation of negotiations with the owner. The city attorney will negotiate compensation based upon the appraisal from the independent appraiser.

(2) No increase or decrease in the fair market value of the property except physical deterioration, is to be considered in the valuation.

(3) The owner is to be given a written statement of the amount established as just compensation, a summary of the basis for the amount of just compensation, and, where appropriate, the just compensation for real property acquired. Damages are to be separately stated in a written statement.

(4) No owner shall be required to surrender possession before the agreed purchase price has been paid or the approved amount of compensation has been paid in court. “Approved amount of compensation” means the amount of just compensation determined by the independent appraiser prior to negotiations. (Res. 193 §§ 3, 4, 7, 8, 1976)

15.22.040 Property owner protection – Structures and property remnants.

The city will acquire an equal interest in all buildings, etc., located upon the real property acquired. The owner will not be left with an uneconomic remnant that the city did not offer to acquire. (Res. 193 §§ 6, 12, 1976)

15.22.050 Property owner protection – Coercion and legal obligations.

(1) No action will be taken to advance compensation, defer negotiations or condemnations, or take any other action coercive in nature in order to compel agreement on the price to be paid for the property.

(2) No owner will be intentionally required to institute legal proceedings to prove the fact of the taking of his real property.

(3) No property owner will be allowed to voluntarily donate his property prior to being informed of his right to receive compensation. (Res. 193 §§ 11, 15, 17, 1976)

15.22.060 Vacation procedure – Notice to tenant.

All displaced persons will be given a 90-day notice in advance of the date they are required to move. This provision is not applicable to vacant property. (Res. 193 § 9, 1976)

15.22.070 Vacation procedure – Rental agreements prior to property acquisition.

The rental amount charged to owners and/or tenants to occupy the property subsequent to acquisition will not exceed the fair rental value to a short-term occupier. (Res. 193 § 10, 1976)

15.22.080 Property owner relocation.

(1) In the event the city causes the displacement of any individual or business on a project or program in which federal funds are involved, the city shall prepare and carry out a relocation assistance plan in compliance with Chapter 8.26 RCW, or shall contract with the State Department of Highways relocation assistance staff, or some other entity with an established relocation assistance staff with the expertise to carry out the provisions of Chapter 8.26 RCW. Should the city enter into a contract for the administration of a relocation assistance program, the city will furnish a copy of the contract and a description of the project to the office of community development.

(2) Appraisals will not give consideration nor include any allowances for relocation assistance benefits. Should relocation occur on a project, such expenses that occur in relation to relocation will be considered separately. (Res. 210, 1976; Res. 193 §§ 5, 14, 1976)

15.22.090 City assumption of miscellaneous financial responsibilities.

The city will pay recording fees, transfer taxes, etc., penalty cost for prepayment of a preexisting mortgage, and the pro rata share of real property taxes paid subsequent to vesting title in the city. (Res. 193 § 13, 1976)

15.22.100 Rodent control.

Provisions have been made for rodent control should it be necessary. (Res. 193 § 16, 1976)