HB 1223 -
By Representative Fitzgibbon
ADOPTED AS AMENDED 03/07/2011
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 35.79.030 and 2002 c 55 s 1 are each amended to read
as follows:
The hearing on such petition may be held before the legislative
authority, ((or)) before a committee thereof, or before a hearing
examiner, upon the date fixed by resolution or at the time ((said)) the
hearing may be adjourned to. If the hearing is before ((such)) a
committee the same shall, following the hearing, report its
recommendation on the petition to the legislative authority which may
adopt or reject the recommendation. If ((such)) the hearing ((be)) is
held before ((such)) a committee it shall not be necessary to hold a
hearing on the petition before ((such)) the legislative authority. If
the hearing is before a hearing examiner, the hearing examiner shall,
following the hearing, report its recommendation on the petition to the
legislative authority, which may adopt or reject the recommendation.
If a hearing is held before a hearing examiner, it shall not be
necessary to hold a hearing on the petition before the legislative
authority. If the legislative authority determines to grant ((said))
the petition or any part thereof, such city or town shall be authorized
and have authority by ordinance to vacate such street, or alley, or any
part thereof, and the ordinance may provide that it shall not become
effective until the owners of property abutting upon the street or
alley, or part thereof so vacated, shall compensate such city or town
in an amount which does not exceed one-half the appraised value of the
area so vacated. If the street or alley has been part of a dedicated
public right-of-way for twenty-five years or more, or if the subject
property or portions thereof were acquired at public expense, the city
or town may require the owners of the property abutting the street or
alley to compensate the city or town in an amount that does not exceed
the full appraised value of the area vacated. The ordinance may
provide that the city retain 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 and services. A certified
copy of such ordinance shall be recorded by the clerk of the
legislative authority and in the office of the auditor of the county in
which the vacated land is located. One-half of the revenue received by
the city or town as compensation for the area vacated must be dedicated
to the acquisition, improvement, development, and related maintenance
of public open space or transportation capital projects within the city
or town."
Correct the title.
EFFECT: Substitutes "hearing examiner" for "hearing officer," making use of the term "hearing examiner" consistent throughout. Incorporates the provision for the appointment of a hearing examiner to conduct street vacation hearings within the existing section rather than within a new and separate subsection.