Chapter 12.12
STREET VACATIONS

Sections:

12.12.010    Definitions.

12.12.020    Application procedures.

12.12.030    Notice of hearing.

12.12.040    Ordinance of vacation.

12.12.050    Fees.

12.12.060    Environmental considerations.

12.12.070    Appraisal.

12.12.080    Deposit.

12.12.090    Easement/private rights.

12.12.100    Vacations of streets abutting bodies of water.

12.12.110    Waiver.

12.12.120    Compliance.

12.12.010 Definitions.

(1) Abutting. For the purposes of this chapter, “property abutting” is defined as the property immediately across the street or alley and the property immediately on either side of the applicant(s). Properties that are separated by an adjacent street or alley not subject to the vacation petition before the city are not considered to be abutting. (Ord. 1408, 2007)

12.12.020 Application procedures.

The owners of an interest in any real estate abutting upon any street or alley who may desire to vacate the street or alley, or any part thereof, may petition the Westport city council by filing a petition in the form of a letter. The Westport city council may itself initiate by resolution such vacation procedure. The petition or resolution shall give a description of the property to be vacated, and shall be filed with the clerk-treasurer. In order to be processed further, the petition or resolution must be signed by the owners of more than two-thirds of the property abutting upon the part of such street or alley sought to be vacated.

Upon verification of the required signatures and after the applicant has paid all required fees and deposits, and provided an environmental checklist and environmental impact statement, if necessary, the clerk-treasurer shall refer the petition to the planning commission, as well as the public works director. The planning commission shall consider the petition at their next regular meeting and refer the matter back to the city council with their written recommendations. The clerk-treasurer shall also place the petition on the agenda for the next regular meeting of the city council. The council by resolution shall fix a time when the petition will be heard and determined, which time shall not be more than 60 days nor less than 20 days after the date of passage of such resolution. (Ord. 1408, 2007)

12.12.030 Notice of hearing.

The clerk-treasurer shall give notice in accordance with the provisions of RCW 35.79.020 as it currently exists or is hereinafter amended. In addition, notice shall be provided to property owners in the vicinity of the subject property.

If 50 percent of the abutting property owners file written objection to the proposed vacation with the clerk-treasurer, prior to the time of the hearing, the city shall be prohibited from proceeding with the resolution. The clerk-treasurer shall notify the applicant, adjacent property owners, and council in writing of the filing of such objections and the prohibition to proceed, and the current application shall not be reconsidered. If, at some future time, sufficient abutting property owners remove their objection, the applicant may submit a new application for review. (Ord. 1408, 2007)

12.12.040 Ordinance of vacation.

The required hearing shall be conducted by the city council in accordance with RCW 35.79.030 as it currently exists or is hereinafter amended. If the council determines to grant said petition, or any part thereof, the city shall be authorized by ordinance to vacate such street, or alley, or any part thereof. A certified copy of said ordinance shall be recorded by the clerk-treasurer in the office of the auditor of the county. (Ord. 1408, 2007)

12.12.050 Fees.

The applicant for a street vacation shall pay an application fee of $85.00 to cover staff cost and costs of publication. (Ord. 1408, 2007)

12.12.060 Environmental considerations.

The applicant shall provide the city with a completed environmental checklist. If it is determined that an environmental impact statement is required, that statement shall be provided by the applicant. (Ord. 1408, 2007)

12.12.070 Appraisal.

Upon receipt of a petition for a street vacation, the city shall request the assessed value of the area proposed to be vacated. (Ord. 1408, 2007)

12.12.080 Deposit.

The owners of property abutting upon that portion of the street or alley which is proposed to be vacated shall pay a deposit to the city (prior to the city taking action on the proposal) equal to one-half of the assessed value of the property so vacated; provided, however, that if the subject property or portions thereof were acquired at public expense or are owned by the city in fee, the amount paid shall be equal to the assessed value of the property to be vacated. In the event an ordinance is passed vacating the street or alley, the amount deposited shall become compensation to the city for the vacation. An ordinance vacating property shall not take effect until said deposit/fees are paid in full and a survey is provided to the city by a licensed professional surveyor that is acceptable to the city. Such deposit is refundable in the event the street or alley is not vacated. (Ord. 1408, 2007)

12.12.090 Easement/private rights.

Any ordinance vacating a street or alley, or any portion thereof, may retain for the city 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, drainage, and services and shall not affect any private rights to use said alley or street. (Ord. 1408, 2007)

12.12.100 Vacations of streets abutting bodies of water.

The city shall not vacate a street or alley if any portion of the street or alley abuts a body of fresh or salt water unless all requirements of RCW 35.79.035 as it currently exists or is hereinafter amended are met. (Ord. 1408, 2007)

12.12.110 Waiver.

The city council, by majority vote, may waive or modify the procedures, fees, deposits or other requirements of this chapter. Any such waiver or modification shall affect only the petition for vacation under consideration. (Ord. 1408, 2007)

12.12.120 Compliance.

In addition to the procedures set forth in this chapter, all applicants shall comply with the provisions of Chapter 35.79 RCW as it hereby exists or is hereafter amended. (Ord. 1408, 2007)