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HomeMy WebLinkAbout2020-78 - Ord. Replacing Ord. 62-07 Vacation of Roads ORDINANCENO. 1W`ZW---E3 AN ORDINANCE REPLACING ORDINANCE NO. 62-07 FOR VACATION OF ROADS An ORDINANCE, amending Mason County Code, Chapter 12.20 "Vacation of Roads". WHEREAS, the Revised Code of Washington, Chapter 36.87, provides that the Board of County Commissioners may vacate county roads on its own initiative or upon petition of property owners abutting a road, and WHEREAS, Ordinances 62-07 codified as Mason County Code Chapter 12.20, set forth procedures for processing road vacations: and, WHEREAS, Mason County Code is updating these procedures as shown in the attached Exhibit "A". NOW, THEREFORE, BE IT ORDAINED by the Board of Mason County Commissioners, that Ordinances 62-07 is hereby replaced, that Mason County Code Chapter 12.20 shall be revised and amended per the attached Exhibit "A". DATED this— day of , 2020. ADOPTED this day of , 2020. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON McKenzie 83hith, lerk of the Board Sharon Tra k, Chair APPROVED AS TO FORM: Ra y Neath , Vice Chair Tim Whiteh Ch. Deputy Prosecuting Attorney Kevin S utty, rommissioner Exhibit A Title 12 BRIDGES AND ROADS Chapter 12.20 VACATION OF ROADS 12.20.010 Authority. County roads may be vacated in accordance with the provisions of RCW 36.87, and Mason County may require as a condition precedent to the vacation the receipt of compensation from the person or persons benefiting from the vacation. 12.20.020 Administration. The county engineer shall administer the road vacation process in accordance with RCW 36.87 and this chapter of the Mason County Code. The county engineer shall maintain and archive all records related to road vacations. 12.20.030 Public Hearing. In accordance with RCW 36.07.060 (2), road vacation public hearings shall generally be held by the Mason County Hearing Examiner who shall consider the report of the county engineer, take testimony and evidence, prepare a record of the proceedings, and present a recommendation to the Mason County Board of County Commissioners. The Board of County Commissioners may hold any road vacation public hearing when deemed appropriate by the board. 12.20.040 Classification of roads. For the purpose of vacating county roads, all roads shall be classified as follows: (1) Class A. All roads for which the right of way is an easement; (2) Class B. All roads for which the right of way is owned in fee simple and for which the county paid the full fair market value of the fee simple estate. (3) Class C. All roads that meet RCW 36.87.090 requirements. 12.20.050 Compensation. Any person or persons desiring to have any portion of any county road vacated shall be required by the Mason County Board of County Commissioners as a condition precedent to the vacation to pay the county prior to the vacation. The compensation rates include those rates set forth in Section 12.20.060, if any, and the administration fee set forth in Section 12.20.080. 12.20.060 Compensation rate. The county shall require, as a condition precedent to the vacation of roads or portions thereof within the classifications set forth in Section 12.20.040, that persons benefiting from. the vacation thereof compensate Mason County as set forth in the following schedule: (1) Class A roads. Fifty percent of the appraised value. (2) Class B roads. One hundred percent of the appraised value. (3) Class C roads. No compensation other than for the administrative fee of the vacation action. At no time will the compensation for Class A or B roads be reimbursed less than the county originally paid for the property. Exhibit A 12.20.070 Payment. Payment shall be made to the Public Works Department. 12.20.080 Administration Fee. Each petition for vacation of a road shall be accompanied by a payment of one thousand dollars ($1,000) to cover all administrative costs regardless of the County's approval of vacation. Said administrative costs shall include the costs of the Hearing Examiner in holding the public hearing and reporting recommendations to the Board of County Commissioners. 12.20.090 Appraisal -Determination of value. In the case of Class A or B, fee simple right of way, the appraised value is the current assessed value determined by the County Assessor on behalf of the County or such other appraiser as deemed appropriate by the County Commissioners or County Engineer to determine the value, if any, of the county's right of way that is requested to be vacated. The appraisal shall be prepared prior to the public hearing and shall be cited in the county engineer's report. a Title 12 BRIDGES AND ROADS Chapter 12.20 VACATION OF ROADS 12.20.010 Authority. County roads may be vacated in accordance with the provisions of RCW 36.87, and Mason County may require as a condition precedent to the vacation the receipt of compensation from the person or persons benefiting from the vacation. 12.20.020 Administration. The county engineer shall administer the road vacation process in accordance with RCW 36.87 and this chapter of the Mason County Code. The county engineer shall maintain and archive all records related to road vacations. 12.20.030 Public Hearing. In accordance with RCW 36.07.060 (2), road vacation public hearings shall generally be held by the Mason County Hearing Examiner who shall consider the report of the county engineer, take testimony and evidence, prepare a record of the proceedings, and present a recommendation to the Mason County Board of County Commissioners. The Board of County Commissioners may hold any road vacation public hearing when deemed appropriate by the board. 12.20.040 Classification of roads. For the purpose of vacating county roads, all roads shall be classified as follows: (1) Class A. All roads for which the right of way is an easement; (2) Class B. All roads for which the right of way is owned in fee simple and for which the county paid the full fair market value of the fee simple estate. (3) Class C. All roads that meet RCW 36.87.090 requirements. 12.20.050 Compensation. Any person or persons desiring to have any portion of any county road vacated shall be required by the Mason County Board of County Commissioners as a condition precedent to the vacation to pay the county prior to the vacation. The Gempensa}� shall inGlu e but ROt be limited to, the appFaised fair FnaFket value of the GGLIRty'S fee simple inteFest an the vaGated e_Hearing Examiner OF the BE)arrl of Eel Rtv Commissioners, vaGating the read. Said administrative GGStS shall indude the GOStS Of the HeaFiRg EXaFnine in holding the public hearing and reverting recommendations to the Beard of f OURty nrn date the vaGatiGR was approved by the Mason GeuRty commissioneFS OF the vaGat on shall be RUII and void—The compensation rates include those rates set forth in Section 12.20.060, if any, and the administration fee set forth in Section 12.20.080. 12.20.060 Compensation rate. The county shall require, as a condition precedent to the vacation of roads or portions thereof within the classifications set forth in Section 12.20.040, that persons benefiting from the vacation thereof compensate Mason County as set forth in the following schedule: (1) Class A roads. NO GOmpensatien ether than for the arlminiotratiye ee } of the I t Fifty percent of the appraised value. (2) Class B roads. One hundred percent of the appraised value. (3) Class C roads. No compensation other than for the administrative fee of the vacation action. At no time will the compensation for Class A or B roads be reimbursed less than the county originally paid for the property. 12.20.070 Manner of paymen . Payment. Payment shall be made to the Mayen Gount„treasUFer Public Works Department. and may fund.be GFedited tE) the GGunty Fead fund in these ea,es M—- the Fight of way was Obtain .- through the use Of GOURty Fead funds and wheFe administFative GOsts have been Gharged to the Fead fund, and in all E)theF Gases, shall be Gredited te the GoURty GUFFent expense 12.20.080 Deposit.Administration Fee. minimum of five hURdFed dellaFS, WhiGh shall be used te defFay examiRatien, repeFt, publiGatiOR, EaGh petitiOR fer vaGatieR Of a Fead shall be aGGE)FnpaRied by a bend eF Gash deposit of a eXGeeds the tatal GE)Sts, the GXG8SS deposit shall be refunded te the Petit;E)ReF. F=E)F any petition, the netitiener and he due and payable immerlir teh, Each petition for vacation of a road shall be accompanied by a payment of one thousand dollars ($1,000) to cover all administrative costs regardless of the County's approval of vacation. Said administrative costs shall include the costs of the Hearing Examiner in holding the public hearing and reporting recommendations to the Board of County Commissioners. 12.20.090 Appraisal - Determination of value. In the case of Class A or B, fee simple right of way, the appraised value is the current assessed value determined by the County Assessor on behalf of the County or such other appraiser as deemed appropriate by the County Commissioners or County Engineer to determine the value, if any, of the county's right of way that is requested to be vacated. T-14e j value E)f the vaGated Fead shall be the true and faup maFket value ef the paFGel G Imo,-,rd terl, dd as determine by the GOURty AssessGF at the time of yaGatien The appraisal shall be prepared prior to the public hearing and shall be cited in the county engineer's report. 12.20a 00 AppFaisal Value Gffirer for County Appraisals shall he merle by the ne„nty assesser.