CHAPTER 14.48
STREET VACATIONS

SECTION:

14.48.010: Purpose

14.48.020: Street Defined

14.48.030: Conditions For Vacation

14.48.040: Fees And Advertising Costs

14.48.050: Legal Interest Of City

14.48.060: Evaluation Of Need For Street

14.48.070: Compensation

14.48.010: PURPOSE:

The purpose of this chapter is to provide a consistent standard regarding compensation to the city for the vacation and/or transfer of its interest in public streets. Vacation of the city's interest in streets should be viewed as a transfer of a substantial property right for which the public should be compensated. To prevent windfall enrichment to abutting property owners at public expense, such transfer should not be made without compensation being paid to the city. (1999 Code)

14.48.020: STREET DEFINED:

"Street" means all major and minor streets, alleys, walkways and trails. (1999 Code)

14.48.030: CONDITIONS FOR VACATION:

Petitions for vacation of public streets shall be considered on the basis of the following:

   A.   Alleys, Walkways And Trails: Alleys, walkways and trails are not generally within the current planning and maintenance policies of the city. Vacation of an alley, walkway or trail relieves the city from present and future obligations to maintain such alley, walkway or trail. This benefit to the city is declared to be adequate compensation for the city's interest. Where appropriate, the city may require conditions precedent to the vacation of any alley, walkway or trail such as installation of landscaping, fencing or other improvements which must be completed or bonded for prior to the enactment of the vacation ordinance.

   B.   Major And Minor Streets: Major and minor streets shall not be vacated or permanently closed unless adequate compensation has been paid for the transfer of the city's interest in the land. (1999 Code)

14.48.040: FEES AND ADVERTISING COSTS:

No petition for vacation of a city street shall be considered unless accompanied by the fee required by title 3, chapter 3.35 of this code. (Ord. 2010-27, 12-9-2010)

14.48.050: LEGAL INTEREST OF CITY:

No action shall be taken on any petition to vacate a street until the department identifies and verifies the specific manner in which the city acquired its interest in the street and the city attorney determines the legal interest of the city in the street. (1999 Code)

14.48.060: EVALUATION OF NEED FOR STREET:

Each petition shall be evaluated in terms of the current use of the street and the need in the foreseeable future for its use as a public street or for any other public purpose. If such need exists or may exist in the foreseeable future, the petition shall be denied. (1999 Code)