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VACATION OF STREETS, ALLEYS AND PUBLIC PLACES

SEA-MC tit. 15, subtit. II, ch. 15.62
in effect

Seattle Mun. Code § 15.62.010 Statement of purpose

15.62.010 - Statement of purpose The purpose of this Chapter 15.62 is to establish procedures, notice requirements, and fees for the vacation of streets, alleys, and public places within the City. This Chapter 15.62 is intended to implement the authority granted to the City by chapter 35.79 RCW and to conform to its provisions, and in case of conflict between this Chapter 15.62 and that statute, it is intended that the statutory provisions shall be controlling. (Ord. 109740, § 1, 1981.)

Seattle Mun. Code § 15.62.020 Petition for vacation

15.62.020 - Petition for vacation The owners of an interest in any real estate abutting upon any street, alley, or public place who may desire to vacate the street, alley, or public place or any part thereof may petition the City Council to make vacation, giving a description of the property to be vacated, or the City Council may itself initiate such vacation procedure by resolution. The petition or resolution shall be filed with the City Clerk, and if the petition is signed by the owners of more than 2/3 of the property abutting upon the part of such street or alley sought to be vacated, the City Council shall by resolution fix a time when the petition will be heard and determined by such authority or a committee thereof, which time shall be not more than 60 days nor less than 20 days after the date of the passage of such resolution. (Ord. 109740, § 1, 1981.)

Seattle Mun. Code § 15.62.030 Petition fees

15.62.030 - Petition fees Every petition for the vacation of any street, alley, or public place, or any part thereof, shall be accompanied by an initial filing fee payment to the Department of Transportation to cover the administrative costs incurred in processing the vacation petition. The filing fee amount shall be established according to the Street Use Permit Fee Schedule. The fees shall not be refunded under any circumstances. In addition, when the City Council, or a committee thereof, recommends granting a vacation petition, the petitioner shall deposit an amount determined by the Director of Transportation to be the Director's best estimate of the cost of an appraisal of the land to be used by the City for reviewing the appraisal. If an appraisal cost is less than the amount deposited, the vacation compensation payable to the City shall be reduced by the difference between the deposit and the actual cost, or in the alternative the difference shall be refunded. If an appraisal cost is more than the amount deposited, the vacation compensation payable to the City shall be increased by the difference between the deposit and the actual cost, or in the alternative the difference shall be separately billed and paid before final vacation approval. (Ord. 125759, § 1, 2019 [amended effective date of Ord. 125706]; Ord. 125706, § 3, 2019; Ord. 118409, § 108, 1996; Ord. 116469, § 1, 1992; Ord. 111436, § 1, 1983; Ord. 110879, § 1, 1982; Ord. 109740, § 1, 1981.)

Seattle Mun. Code § 15.62.040 Notice of hearing.

15.62.040 - Notice of hearing. Upon the passage of the resolution fixing the time for hearing the petition or proposal for vacation, the City Clerk shall give not less than 20 days' notice of the time, place and purpose of the hearing by written notice posted in three of the most public places in the City and by posting written placards in conspicuous places on and near the street, alley or public place sought to be vacated. Placards shall be highly visible and at least 11 inches by 14 inches in size, with headings that can be read from a distance of 75 feet by persons of normal visual acuity, and shall include a map showing the location of the street, alley, or public place proposed to be vacated. In addition to posting notices of the hearing, the City Clerk shall mail a copy of the notice containing a statement of the time and place fixed for the hearing to: A. All owners, commercial lessees and residents of property which lies within 300 feet of the street, alley or public place proposed to be vacated, provided that when a street, alley or public place is proposed to be vacated in the area bounded by Denny Way, the Central Freeway, South Royal Brougham Way and Elliott Bay, notices shall be mailed only to property owners and building managers. For such purpose the real property tax roll as issued annually on microfiche by the County Comptroller and the addresses listed in the latest edition of Polk's Directory or its successor publications shall be used; B. The Director of the Seattle Department of Construction and Inspections for inclusion in an informational mailing to newspapers, individuals and groups on a master mailing list established pursuant to the Master Use Permit Ordinance (Chapter 23.76). (Ord. 124919, § 58, 2015; Ord. 111405, § 1, 1983; Ord. 109740, § 1, 1981.)

Seattle Mun. Code § 15.62.050 Protest.

15.62.050 - Protest. If fifty percent (50%) of the abutting property owners file written objections to a Council-initiated vacation with the City Clerk prior to the time of the hearing, the City shall be prohibited from proceeding with the resolution. (Ord. 109740, § 1, 1981.)

Seattle Mun. Code § 15.62.060 Hearing.

15.62.060 - Hearing. The hearing on such petition or proposal shall be held before the City Council, or before a committee thereof upon the day fixed by resolution or at the time to which said hearing may be adjourned. If the hearing is before such a committee, the same shall, following the hearing, report its recommendation on the petition or proposal to the City Council which may adopt or reject the recommendation. If such hearing is held before such a committee, it shall not be necessary to hold a hearing before the City Council. The City Council may grant the petition with or without conditions, or may deny the petition. (Ord. 113022 § 1, 1986; Ord. 109740, § 1, 1981.)

Seattle Mun. Code § 15.62.070 Easements for utilities and services.

15.62.070 - Easements for utilities and services. Ordinances vacating streets, alleys or public places may contain a provision retaining or requiring conveyance of easements for construction, repair and maintenance of existing and future public utilities and services. (Ord. 113022 § 2, 1986; Ord. 109740, § 1, 1981.)

Seattle Mun. Code § 15.62.080 Vacation of waterfront streets.

15.62.080 - Vacation of waterfront streets. A. The City is not authorized to vacate a street, alley or public place if any portion thereof 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, or educational purposes, or other public uses; 2. The City Council, by resolution, declares that the street, alley or public place is not presently being used as a street, alley or public place, and that the street, alley or public place is not suitable for any of the following purposes: Port, beach or water access, 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 streets, alleys or public places sought to be vacated abut, had the properties included in the plan not been vacated. B. Before adopting an ordinance vacating a street, alley or public place under subsection A2 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, alley or public place sought to be vacated; 2. Cause a study to be conducted to determine if the street, alley or public place to be vacated is suitable 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 RCW Chapter 35.79 and this chapter; and 4. Include in its written decision a finding that the street, alley or public place sought to be vacated is not suitable for any of the purposes listed under subsection B2 of this section, and that the vacation is in the public interest. C. Notice of the public hearing on the proposed vacation shall be posted on the street, alley or public place sought to be vacated, and the notice shall indicate in addition to the requirements of Section 15.62.040 that the area is public access, that it is proposed to be vacated, and that anyone objecting to the proposed vacation should attend the public hearing or send a letter to the Transportation Committee indicating his or her objection. D. Moneys received from the vacation shall be placed in the Guaranty Deposit Fund and may be used by the City only for the purpose of acquiring additional beach or water access, additional public view sites to a body of water, or additional moorage or launching sites. (Ord. 113649 § 1, 1987; Ord. 109740, § 1, 1981.)

Seattle Mun. Code § 15.62.090 Compensation for vacation

15.62.090 - Compensation for vacation A. Ordinances vacating any street or alley or part thereof shall not be passed by the City Council until a sum equal to one-half of the appraised value of the area vacated is paid to the City; provided, that if the street or alley has been a part of a dedicated public right-of-way for 25 years or more, the City shall be compensated in an amount equal to the full appraised value of the area vacated. In certain circumstances, provision of other valuable consideration acceptable to the City may be made in lieu of up to one-half of the payment; provided, that such consideration shall not be acceptable if it is required for the street vacation, it is considered a public benefit to meet the public benefit requirements of the street vacation, or it is required by other regulatory action. Acceptable consideration shall be quantified in dollars, which shall then be credited to the required payment. B. City, State, and federal agencies shall be exempt from such payment, but shall pay to the City all costs incurred by the City in processing the vacation request. C. Petitioners shall be exempt from such payment if before passing the ordinance vacating a street or alley, the project receives public funding or federal low-income housing tax credits and is subject to a regulatory agreement, covenant, or other legal instrument recorded on the property title and enforceable by The City of Seattle, Washington State Housing Finance Commission, State of Washington, King County, U.S. Department of Housing and Urban Development, or other similar entity as approved by the Director of Housing that restricts at least 40 percent of the project's units at rent and income levels consistent with the City's Housing Funding Policies as adopted by Ordinance 125308 and subsequently amended. Petitioners exempt from compensating the City for the value of the right-of-way under this subsection 15.62.090 C shall pay to the City all costs incurred by the City in processing the vacation request. D. As contemplated by RCW 35.79.035(3), notwithstanding the provisions of subsections 15.62.090.B or 15.62.090.C, the full market value shall be paid upon vacation of streets abutting upon bodies of water. E. Conveyance of other property acceptable to the City may be made in lieu of the payment required by subsection 15.62.090.A or 15.62.090.D, whether required to mitigate adverse impacts of the vacation or otherwise. The full appraised value of the land conveyed shall be credited to the required payment. When the value of the in-lieu parcel is less than the payment required by subsection 15.62.090.A or 15.62.090.D, the petitioner shall pay the difference to the City. When the value of the in-lieu parcel exceeds the payment required by subsection 15.62.090.A or 15.62.090.D, the City shall pay the difference to the petitioner. (Ord. 126507, § 1, 2021; Ord. 121661, § 3, 2004; Ord. 120607, § 1, 2001; Ord. 117569, § 130, 1995; Ord. 113022, § 3, 1986.)

Seattle Mun. Code § 15.62.100 Appraisals.

15.62.100 - Appraisals. The Director of Transportation is authorized to obtain appraisals from either qualified, independent appraisers or qualified City of Seattle personnel in the discretion of the Engineer of such streets or alleys as are recommended for vacation after hearing by the City Council or a committee thereof, and is further authorized to obtain appraisals from either qualified independent real estate appraisers or qualified City of Seattle personnel, in the discretion of the Director of Transportation of the fair market value of the alternate right-of-way of land proposed to be granted or dedicated to the City for street or alley purposes in lieu of a cash payment in the manner contemplated by Section 15.62.090 and in such instance an additional appraisal deposit fee shall be paid for the appraisal of such parcel or parcels, and according to the fee and time schedule provided for in Section 15.62.030. Where qualified City of Seattle personnel are used to make the required appraisals, a reasonable hourly rate of compensation, as determined from time to time by the Director of Transportation shall be charged against the appraisal deposit fee. (Ord. 118409 § 109, 1996; Ord. 109740, § 1, 1981.)

Seattle Mun. Code § 15.62.110 Payment of compensation or conveyance

15.62.110 - Payment of compensation or conveyance Upon securing an appraisal of the value of the street or alley area to be vacated as provided in this Chapter 15.62, the Director of Transportation shall notify the petitioner of the amount of compensation, deducting therefrom any remaining appraisal fee deposit not previously refunded to petitioner. The payment shall be delivered to the Director of Transportation, who, upon receipt of any such payment, shall forthwith transmit the same to the Director of Finance and Administrative Services for deposit in the Street Vacation Account of the Transportation Fund and shall make a written report of such payment to the City Council. In the event that the petitioner has received approval of delivery of an instrument granting or dedicating to the City a parcel or parcels of land in lieu of a cash payment as contemplated by Section 15.62.090, the Director of Transportation, in the Director's discretion and at the applicant's expense, shall obtain either a policy of title insurance insuring title thereto in the City, or a certificate of title as to the title thereof, and upon receipt of such policy or certificate shall transmit the same to the City Council for inclusion in the appropriate file. (Ord. 125492, § 23, 2017; Ord. 123361, § 268, 2010; Ord. 120794 § 210, 2002; Ord. 120181 § 26 (part), 2000; Ord. 118409 § 110, 1996; Ord. 117627 § 3, 1995; Ord. 117242, § 19, 1994; Ord. 113022 § 4, 1986; Ord. 109740, § 1, 1981.)

Seattle Mun. Code § 15.62.120 Posting and mailing notices—Recording ordinance.

15.62.120 - Posting and mailing notices—Recording ordinance. Posting and mailing of the notices provided for in this chapter shall be the responsibility of the City Clerk, who shall have the discretion to permit the Director of Transportation or his/her designee to post and mail the notices under the supervision of the City Clerk. As required by RCW 35.79.030, a certified copy of the ordinance vacating a street, alley or public place, or part thereof, shall be recorded by the City Clerk and in the office of the King County Comptroller. (Ord. 118409 § 111, 1996; Ord. 109740, § 1, 1981.)
Source: City of Seattle, Seattle Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/wa/seattle/codes/municipal_code?nodeId=TIT15STSIUS_SUBTITLE_IIMISTUSRE_CH15.62VASTALPUPLFetched: 11/1/2026

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