12.50.090 Vacation of waterfront streets.
A. The city shall not vacate a street or alley if any portion of the street or alley abuts a body of salt or fresh water unless:
1. The vacation is sought to enable the city to acquire the property for port purposes, beach or water access purposes, boat moorage or launching sites, park, public view, recreation, educational purposes, or other public uses;
2. The City Council, by resolution, declares that the street or alley is not presently being used as a street or alley and that the street or alley is not suitable for any of the following purposes: port, beach or water access, pedestrian and wildlife corridors, boat moorage, launching sites, park, public view, recreation, or education; or
3. The vacation is sought to enable the city to implement a plan, adopted by resolution or ordinance, that provides comparable or improved public access to the same shoreline area to which the street or alley sought to be vacated abuts, had the properties included in the plan not been vacated.
B. Before adopting an ordinance vacating a street or alley pursuant to subsection (A)(2) of this section, the City Council shall:
1. Cause an inventory to be compiled of all rights-of-way within the city that abut the same body of water that is abutted by the street or alley sought to be vacated;
2. Cause a study to be conducted to determine if the street or alley to be vacated is unsuitable for use by the city for any of the following purposes: port, boat moorage, launching sites, beach or water access, park, public view, recreation, or education;
3. Hold a public hearing on the proposed vacation in the manner required by Chapter 35.79 RCW and this chapter; and
4. Include in its written decision a finding that the street or alley sought to be vacated is not suitable for any other purposes listed under subsection (B)(2) of this section, and that the vacation is in the public interest.
C. Notice of the public hearing on the proposed vacation shall be provided in accordance with the notice provisions of AMC 12.50.040; provided, that the city shall also post notice of the public hearing conspicuously on the street or alley sought to be vacated, which notice shall indicate that the area is a public access, that the street or alley is proposed to be vacated, and that anyone objecting to the proposed vacation should attend the public hearing or send a letter to the Director of Public Works indicating an objection.
D. The City Council shall not adopt an ordinance vacating a street or alley under subsection (A)(2) of this section until the fair market value of the street or alley to be vacated, plus the full cost of any physical closures, road repairs, or both required by the Director of Public Works, has been paid in accordance with AMC 12.50.110 and 12.50.120 or a conveyance of real property in lieu of compensation has been effectuated in accordance with AMC 12.50.100 and 12.50.120.
E. Moneys received from the vacation of a street or alley abutting a body of fresh or salt water may be used by the city only for the purpose of acquiring additional beach or water access, acquiring additional public view sites to a body of water, or acquiring additional moorage or launching sites. (Ord. 3052 § 1 (Exh. A), 2020)