title: RCW 35.68.075

text:
(1) The standard for construction on any county road, or city or town street, for which curbs in combination with sidewalks, paths, or other pedestrian access ways are to be constructed, shall be not less than two ramps per lineal block on or near the crosswalks at intersections. Such ramps shall be at least thirty-six inches wide and so constructed as to allow reasonable access to the crosswalk for persons with physical disabilities, without uniquely endangering blind persons.
(2) Standards set for curb ramping under subsection (1) of this section shall not apply to any curb existing upon enactment of this section but shall apply to all new curb construction and to all replacement curbs constructed at any point in a block which gives reasonable access to a crosswalk.
(3) Upon September 21, 1977, every ramp thereafter constructed under subsection (1) of this section, which serves one end of a crosswalk, shall be matched by another ramp at the other end of the crosswalk. However, no ramp shall be required at the other end of the crosswalk if there is no curb nor sidewalk at the other end of the crosswalk. Nor shall any matching ramp constructed pursuant to this subsection require a subsequent matching ramp.
[ 2020 c 274 s 12; 1989 c 173 s 1; 1977 ex.s. c 137 s 1; 1973 c 83 s 1.]

catchline: Curb ramps for persons with disabilities—Required—Standards and requirements.


doc_type: statute

jurisdiction: wa

title: RCW 35.68.076

text:
The department of enterprise services shall, pursuant to chapter 34.05 RCW, the Administrative Procedure Act, adopt several suggested model design, construction, or location standards to aid counties, cities, and towns in constructing curb ramps to allow reasonable access to the crosswalk for persons with physical disabilities without uniquely endangering blind persons. The department of enterprise services shall consult with persons with physical disabilities, blind persons, counties, cities, and the state building code council in adopting the suggested standards.
[ 2015 c 225 s 30; 1989 c 175 s 84; 1977 ex.s. c 137 s 2.]
Notes:
Effective date—1989 c 175: See note following RCW 34.05.010.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Curb ramps for persons with disabilities—Model standards.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 35.68.080

text:
This chapter is supplemental and additional to any and all other laws relating to construction, reconstruction, and repair of sidewalks, gutters, and curbs along driveways across sidewalks in cities and towns.
[ 1965 c 7 s 35.68.080. Prior: 1949 c 177 s 8; Rem. Supp. 1949 s 9332h.]

catchline: Construction of chapter.


title: RCW 35.69.010

text:
The term "street" as used herein includes boulevard, avenue, street, alley, way, lane, square or place.
The term "city" includes any city of the first or second class or any other city of equal population working under a special charter.
The term "sidewalk" includes any and all pedestrian structures or forms of improvement for pedestrians included in the space between the street margin, as defined by a curb or the edge of the traveled road surface, and the line where the public right-of-way meets the abutting property.
[ 1996 c 19 s 2; 1994 c 81 s 61; 1965 c 7 s 35.69.010. Prior: 1927 c 203 s 1; RRS s 9332-1.]

catchline: Definitions.


title: RCW 35.69.020

text:
(1) Whenever a portion, not longer than one block in length, of any street in any city is not improved by the construction of a sidewalk thereon, or the sidewalk thereon has become unfit or unsafe for purposes of public travel, and such street adjacent to both ends of said portion is so improved and in good repair, and the city council of such city by resolution finds that the improvement of such portion of such street by the construction or reconstruction of a sidewalk thereon is necessary for the public safety and convenience, the duty, burden, and expense of constructing or reconstructing such sidewalk shall devolve upon the property directly abutting upon such portion except as provided in subsections (2) and (3) of this section.
(2) An abutting property shall not be charged with any costs of construction or reconstruction under this chapter, or under chapter 35.68 or 35.70 RCW, in excess of fifty percent of the valuation of such abutting property, exclusive of improvements thereon, according to the valuation last placed upon it for purposes of general taxation.
(3) An abutting property shall not be charged with any costs of reconstruction under this chapter, or under chapter 35.68 or 35.70 RCW, if the reconstruction is required to correct deterioration of or damage to the sidewalk that is the direct result of actions by the city or its agents or to correct deterioration of or damage to the sidewalk that is the direct result of the failure of the city to enforce its ordinances.
[ 1996 c 19 s 3; 1965 c 7 s 35.69.020. Prior: 1927 c 203 s 2; RRS s 9332-2.]

catchline: Resolution of necessity—Liability of abutting property—Reconstruction.


title: RCW 35.69.030

text:
Whenever the city council of any such city has adopted such resolution it shall cause a notice to be served on the owner of the property directly abutting on such portion of such street, instructing him or her to construct or reconstruct a sidewalk on such portion in accordance with the plans and specifications which shall be attached to such notice. The notice shall be deemed sufficiently served if delivered in person to the owner or if left at the home of such owner with a person of suitable age and discretion then resident therein, or with an agent of such owner, authorized to collect rentals on such property, or, if the owner is a nonresident of the state of Washington, by mailing a copy to his or her last known address, or if he or she is unknown or if his or her address is unknown, then by posting a copy in a conspicuous place at such portion of the street where the improvement is to be made. The notice shall specify a reasonable time within which such construction or reconstruction shall be made, and shall state that in case the owner fails to make the same within such time, the city will proceed to make it through the officer or department thereof charged with the inspection of sidewalks and that such officer or department will report to the city council, at a subsequent date, to be definitely stated in the notice, an assessment roll showing the lot or parcel of land directly abutting on such portion of the street so improved, the cost of the improvement, and the name of the owner, if known, and that the city council at the time stated in the notice or at the time or times to which the same may be adjourned, will hear any and all protests against the proposed assessment. Upon the expiration of the time fixed within which the owner is required to construct or reconstruct such sidewalk, if the owner has failed to perform such work, the city may proceed to perform it, and the officer or department of the city performing the work shall, within the time fixed in the notice, report to the city council an assessment roll showing the lot or parcel of land directly abutting on that portion of the street so improved, the cost of the work, and the name of the owner, if known. The city council shall, at the time in such notice designated, or at an adjourned time or times, assess the cost of such improvement against said property and shall fix the time and manner for payment thereof, which said assessment shall become a lien upon said property and shall be collected in the manner as is provided by law for collection of local improvements assessments under this title.
[ 2009 c 549 s 2118; 1965 c 7 s 35.69.030. Prior: 1927 c 203 s 3; RRS s 9332-3.]


title: RCW 35.69.040

text:
For the purposes of this chapter all property having a frontage upon the sides or margins of any street shall be deemed to be abutting property, and such property shall be chargeable, as provided herein, for all costs of construction or reconstruction or any form of sidewalk improvement between the margin of said street and the roadway lying in front of and adjacent to said property.
[ 1965 c 7 s 35.69.040. Prior: 1927 c 203 s 4; RRS s 9332-4.]

catchline: Abutting property defined.


title: RCW 35.69.050

text:
Nothing in this chapter shall be construed to limit or repeal any existing powers of cities with reference to the construction or reconstruction of sidewalks or the improvement or maintenance of streets, but the power and authority herein granted is to be exercised concurrent with or in extension of powers and authority now existing. The legislative authority of any city before exercising the powers and authority herein granted shall, by proper ordinance, provide for the application and enforcement of the same within the limitations herein specified.
[ 1965 c 7 s 35.69.050. Prior: 1927 c 203 s 5; RRS s 9332-5.]


title: RCW 35.70.010

text:
For the purposes of this chapter all property having a frontage on the side or margin of any street shall be deemed abutting property, and such property shall be chargeable, as provided in this chapter, with all costs of construction of any form of sidewalk improvement, between the margin of the street, as defined by a curb or the edge of the traveled road surface, and the line where the public right-of-way meets the abutting property, and the term sidewalk as used in this chapter shall be construed to mean and include any and all pedestrian structures or forms of improvement for pedestrians included in the space between the street margin, as defined by a curb or the edge of the traveled road surface, and the line where the public right-of-way meets the abutting property.
[ 1996 c 19 s 4; 1965 c 7 s 35.70.010. Prior: 1915 c 149 s 7; RRS s 9161.]


title: RCW 35.70.020

text:
In all cities of the second class and towns the burden and expense of constructing sidewalks along the side of any street or other public place shall devolve upon and be borne by the property directly abutting thereon. The cost of reconstructing or repairing existing sidewalks may devolve upon the abutting property subject to the limitations in RCW 35.69.020 (2) and (3).
[ 1996 c 19 s 5; 1994 c 81 s 62; 1965 c 7 s 35.70.020. Prior: 1915 c 149 s 1; RRS s 9155.]

catchline: Owners' responsibility.


title: RCW 35.70.030

text:
If in the judgment of the officer or department having superintendence of streets and public places, public convenience or safety requires that a sidewalk be constructed along either side of any street, he or she shall report the fact to the city or town council immediately.
[ 2009 c 549 s 2119; 1965 c 7 s 35.70.030. Prior: 1915 c 149 s 2, part; RRS s 9156, part.]

catchline: Convenience and necessity reported by superintendent.


title: RCW 35.70.040

text:
If upon receiving a report from the proper officer, the city or town council deems the construction of the proposed sidewalk necessary or convenient for the public it shall by an appropriate resolution order the sidewalk constructed and shall cause a written notice to be served upon the owner of each parcel of land abutting upon that portion and side of the street where the sidewalk is constructed requiring him or her to construct the sidewalk in accordance with the resolution.
[ 2009 c 549 s 2120; 1965 c 7 s 35.70.040. Prior: 1915 c 149 s 2, part; RRS s 9156, part.]

catchline: Council's resolution and notice—Adoption.


title: RCW 35.70.050

text:
The resolution and notice and order to construct a sidewalk shall:
(1) Describe each parcel of land abutting upon that portion and side of the street where the sidewalk is ordered to be constructed,
(2) Specify the kind of sidewalk required, its size and dimensions, the method and material to be used in construction,
(3) Contain an estimate of the cost thereof, and
(4) State that unless the sidewalk is constructed in compliance with the notice, and within a reasonable time therein specified, the city or town will construct the sidewalk and assess the cost and expense thereof against the abutting property described in the notice.
[ 1965 c 7 s 35.70.050. Prior: 1915 c 149 s 3; RRS s 9157.]

catchline: Council's resolution and notice—Contents.


title: RCW 35.70.060

text:
The notice shall be served:
(1) By delivering a copy to the owner or reputed owner of each parcel of land affected, or to the authorized agent of the owners, or
(2) By leaving a copy thereof at the usual place of abode of the owner in the city or town with a person of suitable age and discretion residing therein, or
(3) If the owner is a nonresident of the city or town and his or her place of residence is known by mailing a copy to the owner addressed to his or her last known place of residence, or
(4) If the place of residence of the owner is unknown or if the owner of any parcel of land affected is unknown, by publication in the official newspaper of the city or town once a week for two consecutive weeks. The notice shall specify a reasonable time within which the sidewalk shall be constructed which in the case of publication of the notice shall not be less than sixty days from the date of the first publication of such notice.
[ 2009 c 549 s 2121; 1985 c 469 s 36; 1965 c 7 s 35.70.060. Prior: 1915 c 149 s 4; RRS s 9158.]

catchline: Notice of resolution and order—Service.


title: RCW 35.70.070

text:
If the notice and order to construct a sidewalk is not complied with within the time therein specified, the officer or department having the superintendence of streets shall proceed to construct said sidewalk forthwith and shall report to the city or town council at its next regular meeting or as soon thereafter as is practicable an assessment roll showing each parcel of land abutting upon the sidewalk, the name of the owner thereof if known, and apportion the cost of said improvement to be assessed against each parcel of such land.
[ 1965 c 7 s 35.70.070. Prior: 1915 c 149 s 5, part; RRS s 9159, part.]

catchline: Superintendent to construct and prepare assessment roll.


title: RCW 35.70.080

text:
Thereupon the city or town council shall set a date for hearing any protests against the proposed assessment roll and shall cause a notice of the time and place of the hearing to be published once a week for two successive weeks in the official newspaper of the city or town, the date of the hearing to be not less than thirty days from the date of the first publication of the notice. At the hearing or at any adjournment thereof the council by ordinance shall assess the cost of constructing the sidewalk against the abutting property in accordance with the benefits thereto.
[ 1985 c 469 s 39; 1965 c 7 s 35.70.080. Prior: (i) 1915 c 149 s 5, part; RRS s 9159, part. (ii) 1915 c 149 s 6, part; RRS s 9160, part.]

catchline: Hearing on assessment roll—Notice.


title: RCW 35.70.090

text:
The assessments shall become a lien upon the respective parcels of land and shall be collected in the manner provided by law for the collection of local improvement assessments and shall bear interest at the rate of six percent per annum from the date of the approval of said assessment thereon.
[ 1965 c 7 s 35.70.090. Prior: 1915 c 149 s 6, part; RRS s 9160, part.]
Notes:
Collection and foreclosure of local improvement assessments: Chapters 35.49, 35.50 RCW.

catchline: Lien of assessments and foreclosure.


title: RCW 35.70.100

text:
This chapter shall not be construed as repealing or amending any provision relating to the improvement of streets or public places by special assessments commonly known as local improvement laws, but shall be considered as additional legislation and auxiliary thereto and the city or town council, of any city of the second class or town before exercising the authority herein granted may by ordinance provide for the application and enforcement of the provisions of this chapter within the limitations herein specified.
[ 1994 c 81 s 63; 1965 c 7 s 35.70.100. Prior: 1915 c 149 s 8; RRS s 9162.]

catchline: Provisions of chapter not exclusive.


title: RCW 35.71.010

text:
As used in this chapter, the following terms shall have the meaning herein given to each of them:
"City" means any city or town.
"Chief executive" means the mayor in a mayor-council or commission city and city manager in a council-manager city.
"Corporate authority" means the legislative body of any city.
"Project" means a pedestrian mall project.
"Right-of-way" means that area of land dedicated for public use or secured by the public for purposes of ingress and egress to abutting property and other public purposes.
"Mall" means an area of land, part of which may be surfaced, landscaped, and used entirely for pedestrian movements, except with respect to governmental functions, utilities, and loading and unloading of goods.
"Mall organization" means a group of property owners, lessors, or lessees in an area that has been organized to consider the establishment, maintenance, and operation of a mall in a given area and persons owning or having any legal or equitable interest in the real property affected by the establishment of the mall.
[ 1965 c 7 s 35.71.010. Prior: 1961 c 111 s 1.]


title: RCW 35.71.020

text:
The establishment of pedestrian malls is declared to be for a public purpose. Any corporate authority, by ordinance, may establish and regulate any street right-of-way as a mall, may prohibit, in whole or in part, vehicular traffic on a mall, and may provide for the acquisition of any interest in the right-of-way necessary to its establishment, and may provide for the determination of legal damages, if any, to abutting property.
[ 1965 c 7 s 35.71.020. Prior: 1961 c 111 s 2.]

catchline: Establishment declared public purpose—Authority to establish—General powers.


title: RCW 35.71.030

text:
When the corporate authority determines that the public interest, safety, and convenience is best served by the establishment of a mall and that vehicular traffic will not be unduly inconvenienced thereby, it may adopt a resolution declaring its intention to do so, and announcing the intended extent of traffic limitation. Any corporate authority is authorized to limit the utilization of any right-of-way, except for utilities and governmental functions, provided adequate alternative routes for vehicular movement, and the loading and unloading of goods are established or are available. The abutting property owner's right of ingress and egress shall be considered to have been satisfied whenever the corporate authority has planned and constructed, or there is available, an alternate route, alleyway, and service driveway.
[ 1965 c 7 s 35.71.030. Prior: 1961 c 111 s 3.]

catchline: Resolution of intention—Traffic limitation—Property owner's right of ingress and egress.


title: RCW 35.71.040

text:
Before a mall is established, a plan shall be formulated consistent with the city's comprehensive plan, including at least the area of the right-of-way between two intersecting streets and showing alternate routes outside the mall area upon which any vehicles excluded from using the mall may be accommodated; it may include a provision for on and off-street parking. After the plans have been prepared, the corporate authority shall hold a public hearing thereon, giving notice of time and place at least two weeks in advance of the hearing in a newspaper of general circulation in the city and as required by *chapter 42.32 RCW.
[ 1965 c 7 s 35.71.040. Prior: 1961 c 111 s 4.]
Notes:
*Reviser's note: The only section in chapter 42.32 RCW, RCW 42.32.030, was recodified as RCW 42.30.035 pursuant to 2017 3rd sp.s. c 25 s 30.

catchline: Plan—Alternate vehicle routes—Off-street parking—Hearing, notice.


title: RCW 35.71.050

text:
The corporate authority is authorized to engage duly qualified real estate appraisers, for the purpose of determining the value, or legal damages, if any, to any person, owning or having any legal or equitable interest in any real property who contends that he or she would suffer damage if a projected mall were established; in connection therewith the city shall take into account any increment in value that may result from the establishment of the mall. The appraisers shall submit their findings in writing to the chief executive of the city.
[ 2009 c 549 s 2122; 1965 c 7 s 35.71.050. Prior: 1961 c 111 s 5.]

catchline: Real estate appraisers—Report.


title: RCW 35.71.060

text:
The corporate authority may finance the establishment of a mall, including, but not limited to, right-of-way improvements, traffic control devices, and off-street parking facilities in the vicinity of the mall, by one or more of the following methods or by a combination of any two or more of them:
(1) By creating local improvement districts under the laws applicable thereto in Title 35 RCW.
(2) By issuing revenue bonds pursuant to chapter 35.41 RCW, *RCW 35.24.305, chapter 35.92 RCW, RCW 35.81.100, and by such other statutes that may authorize such bonds.
(3) By issuing general obligation bonds pursuant to chapter 39.52 RCW, RCW 35.81.115, and by such other statutes and applicable provisions of the state Constitution that may authorize such bonds.
(4) By use of gifts and donations.
(5) General fund and other available moneys: PROVIDED, That if any general fund moneys are expended for a mall, provision may be made for repayment thereof to the general fund from money received from the financing of the mall.
The corporate authority may include within the cost of any mall project the expense of moving utilities, or any facility located within a right-of-way.
[ 1965 c 7 s 35.71.060. Prior: 1961 c 111 s 6.]
Notes:
*Reviser's note: RCW 35.24.305 was recodified as RCW 35.23.454 pursuant to 1994 c 81 s 90.

catchline: Financing methods.


title: RCW 35.71.070

text:
The corporate authority may formulate, solicit, finance and acquire, purchase, or negotiate the acquisition of waivers and the execution of quitclaim deeds by persons owning or having any legal or equitable interest in the real property affected by the establishment of a mall, conveying the necessary rights to the city to prohibit through vehicular traffic and otherwise limit vehicular access to, and from, such right-of-way: PROVIDED, That the execution of such waivers and quitclaim deeds shall not operate to extinguish the rights of the abutting owner, lessor, or lessee in the right-of-way, not included in such waiver or quitclaim deed.
[ 1965 c 7 s 35.71.070. Prior: 1961 c 111 s 7.]

catchline: Waivers and quitclaim deeds—Rights in right-of-way.


title: RCW 35.71.080

text:
The corporate authority, as an alternate to the preceding methods, may find that the right-of-way no longer is needed as a right-of-way. When persons owning or having any legal or equitable interest in the real property affected by a proposed mall, present a petition to the corporate authority for vacating the right-of-way pursuant to chapter 35.79 RCW, or the corporate authority initiates by resolution such a vacation proceeding, a right-of-way may be vacated and replatted for mall purposes, and closed to vehicular traffic except as provided in RCW 35.71.030, consistent with the subdivision standards allowed by Title 58 RCW, and chapter 35.63 RCW.
[ 1965 c 7 s 35.71.080. Prior: 1961 c 111 s 8.]

catchline: Vacating, replatting right-of-way for mall purposes.


title: RCW 35.71.090

text:
The corporate authority may cause an organization of persons to be known as a "Mall organization" interested in creating a mall in a given area to be formed to provide for consultative assistance to the city with respect to the establishment and administration of a mall. This organization may elect a board of directors of not less than three nor more than twelve members. The board shall elect a president, a vice president, and a secretary from its membership.
[ 1965 c 7 s 35.71.090. Prior: 1961 c 111 s 9.]

catchline: "Mall organization"—Powers in general—Directors—Officers.


title: RCW 35.71.100

text:
After the establishment of the mall, the corporate authority may levy a special assessment on the real property within the area specially benefited by the improvement. Such special levy, if any, shall be for operation and maintenance of the mall and appurtenances thereto, which may not exceed one percent of the aggregate actual valuation of the real property (including twenty-five percent of the actual valuation of the improvements thereon) according to the valuation last placed upon it for purposes of general taxation: PROVIDED, That if a mall organization board of directors exists as authorized by RCW 35.71.090, the corporate authority may entertain a recommendation from this organization with respect to such a levy by the corporate authority.
[ 1965 c 7 s 35.71.100. Prior: 1961 c 111 s 10.]

catchline: Special assessment.


title: RCW 35.71.110

text:
Following the public hearing on the ordinance to establish a mall any person owning or having any legal or equitable interest in property which might be affected by reason of the establishment of the proposed mall or the board of directors of a mall organization shall, within twenty days of such hearing, file with the city clerk a statement describing the real property as to which the claim is made, the nature of the claimant's interest therein, the nature of the alleged damage thereto and the amount of damages claimed. After the receipt thereof, the corporate authority may negotiate with the affected parties concerning them or deny them.
[ 1965 c 7 s 35.71.110. Prior: 1961 c 111 s 11.]

catchline: Claims for damages.


title: RCW 35.71.120

text:
If the corporate authority desires to have the mall administered by a mall organization rather than by one of its departments, the corporate authority may execute a contract with such an organization for the administration of the mall upon mutually satisfactory terms and conditions: PROVIDED, That if any provision of a city charter conflicts with this section, such provision of the city charter shall prevail.
[ 1965 c 7 s 35.71.120. Prior: 1961 c 111 s 12.]

catchline: Contracts with mall organization for administration—Conflicting charter provisions.


title: RCW 35.71.130

text:
The board of directors of a mall organization may call for an election, after the mall has been in operation for two years, at which the voting shall be by secret ballot, on the question: "Shall the mall be continued in operation?" If sixty percent of the membership of the organization vote to discontinue the mall, the results of the election shall be submitted to the corporate authority. The corporate authority may initiate proceedings by ordinance for the discontinuation of the mall, allocate the proportionate amount of the outstanding obligations of the mall to the abutting property of the mall or property specially benefited if a local improvement district is established, subject to the provisions of any applicable statutes and bond ordinances, resolutions, or agreements, and thereafter, at a time set by the corporate authority, the mall may be restored to its former right-of-way status.
[ 1965 c 7 s 35.71.130. Prior: 1961 c 111 s 13.]

catchline: Election to discontinue mall—Ordinance—Outstanding obligations—Restoration to former status.


title: RCW 35.71.910

text:
Insofar as the provisions of this chapter are inconsistent with a provision of any other law, the provisions of this chapter shall be controlling.
[ 1965 c 7 s 35.71.910. Prior: 1961 c 111 s 15.]

catchline: Chapter controls inconsistent laws.


title: RCW 35.72.010

text:
The legislative authority of any city, town, or county may contract with owners of real estate for the construction or improvement of street projects which the owners elect to install as a result of ordinances that require the projects as a prerequisite to further property development.
[ 1983 c 126 s 1.]

catchline: Contracts authorized for street projects.


title: RCW 35.72.020

text:
(1) Except as otherwise provided in subsection (2) of this section, the contract may provide for the partial reimbursement to the owner or the owner's assigns for a period not to exceed fifteen years of a portion of the costs of the project by other property owners who:
(a) Are determined to be within the assessment reimbursement area pursuant to RCW 35.72.040;
(b) Are determined to have a reimbursement share based upon a benefit to the property owner pursuant to RCW 35.72.030;
(c) Did not contribute to the original cost of the street project; and
(d) Subsequently develop their property within the period of time that the contract is effective and at the time of development were not required to install similar street projects because they were already provided for by the contract.
Street projects subject to reimbursement may include design, grading, paving, installation of curbs, gutters, storm drainage, sidewalks, street lighting, traffic controls, and other similar improvements, as required by the street standards of the city, town, or county.
(2)(a) The contract may provide for an extension of the fifteen-year reimbursement period for a time not to exceed the duration of any moratorium, phasing ordinance, concurrency designation, or other governmental action that prevents making applications for, or the approval of, any new development within the benefit area for a period of six months or more.
(b) Upon the extension of the reimbursement period pursuant to (a) of this subsection, the contract must specify the duration of the contract extension and must be filed and recorded with the county auditor. Property owners who are subject to the reimbursement obligations under subsection (1) of this section shall be notified by the appropriate county, city, or town of the extension filed under this subsection.
(3) Each contract shall include a provision requiring that every two years from the date the contract is executed a property owner entitled to reimbursement under this section provide the appropriate county, city, or town with information regarding the current contract name, address, and telephone number of the person, company, or partnership that originally entered into the contract. If the property owner fails to comply with the notification requirements of this subsection within sixty days of the specified time, then the contracting county, city, or town may collect any reimbursement funds owed to the property owner under the contract. Such funds must be deposited in the capital fund of the county, city, or town.
[ 2006 c 88 s 1; 1983 c 126 s 2.]

catchline: Reimbursement by other property owners—Contract requirements.


title: RCW 35.72.030

text:
The reimbursement shall be a pro rata share of construction and reimbursement of contract administration costs of the street project. A city, town, or county shall determine the reimbursement share by using a method of cost apportionment which is based on the benefit to the property owner from such project.
[ 1983 c 126 s 3.]

catchline: Reimbursement by other property owners—Reimbursement share.


title: RCW 35.72.040

text:
The procedures for assessment reimbursement contracts shall be governed by the following:
(1) An assessment reimbursement area shall be formulated by the city, town, or county based upon a determination by the city, town, or county of which parcels adjacent to the improvements would require similar street improvements upon development.
(2) The preliminary determination of area boundaries and assessments, along with a description of the property owners' rights and options, shall be forwarded by certified mail to the property owners of record within the proposed assessment area. If any property owner requests a hearing in writing within twenty days of the mailing of the preliminary determination, a hearing shall be held before the legislative body, notice of which shall be given to all affected property owners. The legislative body's ruling is determinative and final.
(3) The contract must be recorded in the appropriate county auditor's office within thirty days of the final execution of the agreement.
(4) If the contract is so filed, it shall be binding on owners of record within the assessment area who are not party to the contract.
[ 1988 c 179 s 16; 1983 c 126 s 4.]
Notes:
Severability—Prospective application—Section captions—1988 c 179: See RCW 39.92.900 and 39.92.901.

catchline: Assessment reimbursement contracts.


title: RCW 35.72.050

text:
(1) As an alternative to financing projects under this chapter solely by owners of real estate, a county, city, or town may join in the financing of improvement projects and may be reimbursed in the same manner as the owners of real estate who participate in the projects, if the county, city, or town has specified the conditions of its participation in an ordinance. As another alternative, a county, city, or town may create an assessment reimbursement area on its own initiative, without the participation of a private property owner, finance the costs of the road or street improvements, and become the sole beneficiary of the reimbursements that are contributed. A county, city, or town may be reimbursed only for the costs of improvements that benefit that portion of the public who will use the developments within the assessment reimbursement area established pursuant to RCW 35.72.040(1). No county, city, or town costs for improvements that benefit the general public may be reimbursed.
(2) The department of transportation may, for state highways, participate with the owners of real estate or may be the sole participant in the financing of improvement projects, in the same manner and subject to the same restrictions as provided for counties, cities, and towns, in subsection (1) of this section. The department shall enter into agreements whereby the appropriate county, city, or town shall act as an agent of the department in administering this chapter.
[ 1997 c 158 s 1; 1987 c 261 s 1; 1986 c 252 s 1.]

catchline: Alternative financing methods—Participation in or creation of assessment reimbursement area by county, city, town, or department of transportation—Eligibility for reimbursement.


title: RCW 35.73.010

text:
If a city of the first or second class establishes the grade of any street or alley at a higher elevation than any private property abutting thereon, thereby rendering the drainage of such private property or any part thereof impracticable without the raising of the surface of such private property, or if the surface of any private property in any such city is so low as to make sanitary drainage thereof impracticable and it is determined by resolution of the city council of such city that a fill of such private property is necessary as a sanitary measure, the city may provide therefor, and by general or special ordinance or both make provision for the necessary surveys, estimates, bids, contract, bond and supervision of the work and for making and approving the assessment roll of the local improvement district and for the collection of the assessments made thereby, and for the doing of everything which in their discretion may be necessary or be incidental thereto: PROVIDED, That before the approval of the assessment roll, notice shall be given and an opportunity offered for the owners of the property affected by the assessment roll to be heard before such city council in the same manner as in case of assessments for drainage or sewerage in the city.
[ 1965 c 7 s 35.73.010. Prior: (i) 1907 c 243 s 1; RRS s 9426. (ii) 1907 c 243 s 4; RRS s 9429.]

catchline: Authority—First and second-class cities.


title: RCW 35.73.020

text:
Before establishing a grade for property or providing for the fill of property, the city must adopt a resolution declaring its intention to do so.
The resolution shall:
(1) Describe the property proposed to be improved by the fill,
(2) State the estimated cost of making the improvement,
(3) State that the cost thereof is to be assessed against the property improved thereby, and
(4) Fix a time not less than thirty days after the first publication of the resolution within which protests against the proposed improvement may be filed with the city clerk.
The resolution may include as many separate parcels of property as may seem desirable whether or not they are contiguous so long as they lie in the same general neighborhood and may be included conveniently in one local improvement district.
[ 1965 c 7 s 35.73.020. Prior: 1907 c 243 s 2, part; RRS s 9427, part.]


title: RCW 35.73.030

text:
Upon the passage of the resolution the city clerk shall cause it to be published in the official newspaper of the city in at least two successive issues before the time fixed in the resolution for filing protests. Proof of publication by affidavit shall be filed as part of the record of the proceedings.
[ 1965 c 7 s 35.73.030. Prior: 1907 c 243 s 2, part; RRS s 9427, part.]

catchline: Hearing—Time of—Publication of resolution.


title: RCW 35.73.040

text:
If no protest is filed, or if protests are filed but the city council after full hearing determines that it is necessary to fill any portion of the private property it shall proceed to enact an ordinance for such improvement. By the provisions of the ordinance, a local improvement district shall be established to be called "local improvement district No. . . . .," which shall include all the property found by the said council to require the fill as a sanitary measure. The ordinance shall provide that such improvement shall be made and shall fix and establish the grades to which the said property and the different portions thereof shall be brought by such improvement, and that the cost and expense thereof shall be taxed and assessed upon all the property in such local improvement district, which cost shall be assessed in proportion to the number of cubic yards of earth and bulkheading required for the different portions of said property included in said improvement district and in proportion to the benefits derived by such improvement: PROVIDED, That the city council may expend from the general fund for such purposes such sums as in its judgment may seem fair and equitable in consideration of the benefits accruing to the general public by reason of such improvement.
[ 1965 c 7 s 35.73.040. Prior: 1907 c 243 s 3, part; RRS s 9428, part.]

catchline: Ordinance—Assessments.


title: RCW 35.73.050

text:
Whenever any expense or cost of work has been assessed the amount of such expense and cost shall become a lien upon said lands against which the same are so assessed and shall take precedence of all other liens, except general tax liens and special assessment liens theretofore assessed by the said city thereon and which may be foreclosed in accordance with law in the name of such city as plaintiff. And in any such proceeding if the court trying the same shall be satisfied that the work has been done or material furnished for the fill of such property, a recovery shall be permitted or charge enforced to the extent of the proper proportion of the value of the work or material which would be chargeable on such lot or land notwithstanding any informality, irregularity or defects in any of the proceedings of such municipal corporation or its officers.
[ 1965 c 7 s 35.73.050. Prior: 1907 c 243 s 3, part; RRS s 9428, part.]
Notes:
Collection and foreclosure of local improvement district assessments: Chapters 35.49, 35.50 RCW.

catchline: Lien of assessments.


title: RCW 35.73.060

text:
(1) The city may, in its discretion, by general or special ordinance, or both, instead of requiring immediate payment for the said work to be made by the owners of property included in the assessment roll, authorize the issuance of interest bearing bonds or warrants of the local improvement district, payable on or before a date not to exceed twelve years from and after their date. The bonds may be issued subject to call, the amount of the said assessment to be payable in installments or otherwise, and the bonds to be of such terms as may be provided in the ordinances and to bear interest at such rate or rates as may be prescribed in the ordinances. Such bonds or warrants may be of any form, including bearer bonds or bearer warrants, or registered bonds or registered warrants as provided in RCW 39.46.030.
(2) Notwithstanding subsection (1) of this section, such bonds or warrants may be issued and sold in accordance with chapter 39.46 RCW.
[ 1983 c 167 s 62; 1981 c 156 s 9; 1979 ex.s. c 30 s 1; 1965 c 7 s 35.73.060. Prior: 1915 c 87 s 1, part; 1907 c 243 s 5, part; RRS s 9430, part.]
Notes:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.

catchline: Improvement district bonds—Issuance.


title: RCW 35.73.070

text:
The bonds or warrants shall be payable only from the fund created by the special assessments upon the property in the local improvement district, and the owner of any bond or warrant shall look only to this fund for the payment of the principal and interest thereof and shall have no claim or lien therefor against the city by which the same was issued except from that fund.
[ 1983 c 167 s 63; 1965 c 7 s 35.73.070. Prior: 1915 c 87 s 1, part; 1907 c 243 s 5, part; RRS s 9430, part.]
Notes:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.


title: RCW 35.73.080

text:
The provisions and remedies provided by this chapter for filling lowlands in connection with establishing street grades or for sanitary reasons are cumulative.
[ 1965 c 7 s 35.73.080. Prior: 1907 c 243 s 6; RRS s 9431.]

catchline: Provisions not exclusive.


title: RCW 35.74.010

text:
Every city and town may erect and maintain drawbridges across navigable streams that flow through or penetrate the boundaries thereof, when the public necessity requires it, or it may grant franchises to persons or corporations to erect them and charge toll thereon.
[ 1965 c 7 s 35.74.010. Prior: 1890 p 54 s 1; RRS s 9323.]

catchline: Authority to construct or grant franchise to construct.


title: RCW 35.74.020

text:
If the city or town council desires to erect a drawbridge across any navigable stream on any street, or to grant the privilege so to do to any corporation or individual, it shall notify the board of county commissioners to that effect stating the precise point where such bridge is proposed to be located.
[ 1965 c 7 s 35.74.020. Prior: 1890 p 54 s 2, part; RRS s 9324, part.]

catchline: Initiation of proceedings—Notice to county commissioners.


title: RCW 35.74.030

text:
The board of county commissioners within ten days from the receipt of the notice, if in session, and if not in session, within five days after the first day of the next regular or special session, shall designate the width of the draw to be made in such bridge, and the length of span necessary to permit the free flow of water: PROVIDED, That if any persons deem themselves aggrieved by the determination of the matter by the board, they may appeal to the superior court which may hear and determine the matter upon such further notice and on such testimony as it shall direct to be produced.
[ 1965 c 7 s 35.74.030. Prior: 1890 p 54 s 2, part; RRS s 9324, part.]

catchline: Determination of width of draw—Appeal.


title: RCW 35.74.040

text:
All bridges constructed under the provisions of this chapter must be so constructed as not to obstruct navigation, and must have a draw or swing of sufficient space or span to permit the safe, convenient, and expeditious passage at all times of any steamer or vessel or raft which may navigate the stream or waters bridged.
[ 1965 c 7 s 35.74.040. Prior: 1890 p 55 s 5; RRS s 9327.]

catchline: Required specifications.


title: RCW 35.74.050

text:
A city or town may build and maintain toll bridges and charge and collect tolls thereon, and to that end may provide a system and elect or appoint persons to operate the same, or the said bridges may be made free, as it may elect.
Consistent with RCW 47.56.850, any toll proposed under this section, including any change in an existing toll rate, must first be reviewed and approved by the tolling authority designated in RCW 47.56.850 if the toll, or change in toll rate, would have a significant impact, as determined by the tolling authority, on the operation of any state facility.
[ 2008 c 122 s 15; 1965 c 7 s 35.74.050. Prior: 1890 p 55 s 6; RRS s 9328.]

catchline: Authority to operate toll bridges—Toll rate review and approval by tolling authority.


title: RCW 35.74.060

text:
Before any franchise to build any bridge across any such navigable stream is granted by any city or town council it shall fix a license tax, not to exceed ten percent of the tolls collected annually. Upon the completion of the bridge the city or town council shall cause it to be inspected and if it is found to comply in all respects with the specifications previously made, and to be safe and convenient for the public, the council shall declare it open as a toll bridge, and shall immediately fix the rates of toll thereof.
[ 1965 c 7 s 35.74.060. Prior: 1890 p 55 s 3; RRS s 9325.]

catchline: Prerequisites of grant of franchise—Approval of bridge—Tolls.


title: RCW 35.74.070

text:
The owner or keeper of any toll bridges in any city or town shall, before the renewal of any license, report to the city or town council under oath, the actual cost of construction and equipment of the toll bridge, the repairs and cost of maintaining it during the preceding year, the amount of tax collected, and the estimated cash value of the bridge, exclusive of the franchise. All funds arising from the license tax shall be paid into the general fund of the city or town.
[ 1965 c 7 s 35.74.070. Prior: 1890 p 55 s 4; RRS s 9326.]

catchline: License fees—Renewal of license.


title: RCW 35.75.010

text:
Every city and town may by ordinance regulate and license the riding of bicycles and other similar vehicles upon or along the streets, alleys, highways, or other public grounds within its limits and may construct and maintain bicycle paths or roadways within or outside of and beyond its limits leading to or from the city or town. The city or town may provide by ordinance for reasonable fines and penalties for violation of the ordinance.
[ 1965 c 7 s 35.75.010. Prior: (i) 1899 c 31 s 1; RRS s 9204. (ii) 1899 c 31 s 2; RRS s 9205.]

catchline: Authority to regulate and license bicycles—Penalties.


title: RCW 35.75.020

text:
It shall be unlawful for any person to lead, drive, ride, or propel any team, wagon, animal, or vehicle other than a bicycle, electric personal assistive mobility device, or similar vehicle upon and along any bicycle path constructed within or without the corporate limits of any city or town excepting at suitable crossings to be provided in the construction of such paths. Any person violating the provisions of this section shall be guilty of a misdemeanor.
[ 2002 c 247 s 8; 1965 c 7 s 35.75.020. Prior: 1899 c 31 s 3; RRS s 9206.]
Notes:
Legislative review—2002 c 247: See note following RCW 46.04.1695.

catchline: Use of bicycle paths for other purposes prohibited.


title: RCW 35.75.030

text:
Every city and town by ordinance may establish and collect reasonable license fees from all persons riding a bicycle or other similar vehicle within its respective corporate limits, and may enforce the payment thereof by reasonable fines and penalties.
[ 1965 c 7 s 35.75.030. Prior: 1899 c 31 s 4; RRS s 9207.]

catchline: License fees authorized.


title: RCW 35.75.040

text:
The license fee to be paid and the rules regulating the riding of bicycles or other similar vehicles within any city or town shall be fixed by ordinance, and the rules regulating the use of such bicycle paths or roadways constructed or maintained within its limits and the fines and penalties for the violation of such rules shall be fixed by ordinance.
[ 1965 c 7 s 35.75.040. Prior: 1899 c 31 s 5; RRS s 9208.]

catchline: Rules regulating use of bicycle paths.


title: RCW 35.75.050

text:
The city or town council shall by ordinance provide that the whole amount or any amount not less than seventy-five percent of all license fees, penalties or other moneys collected under the authority of this chapter shall be paid into and placed to the credit of a special fund to be known as the "bicycle road fund." The moneys in the bicycle road fund shall not be transferred to any other fund and shall be paid out for the sole purpose of building and maintaining bicycle paths and roadways authorized to be constructed and maintained by this chapter or for special police officers, bicycle tags, stationery and other expenses growing out of the regulating and licensing of the riding of bicycles and other vehicles and the construction, maintenance and regulation of the use of bicycle paths and roadways.
[ 2007 c 218 s 69; 1965 c 7 s 35.75.050. Prior: 1899 c 31 s 6; RRS s 9209.]
Notes:
Intent—Finding—2007 c 218: See note following RCW 41.08.020.

catchline: Bicycle road fund—Sources—Use.


title: RCW 35.75.060

text:
Any city or town may use any funds available for street or road construction, maintenance, or improvement for building, improving, and maintaining bicycle paths, lanes, roadways, and routes, and for improvements to make existing streets and roads more suitable and safe for bicycle traffic: PROVIDED, That any such paths, lanes, roadways, routes, or streets for which any such street or road funds are expended shall be suitable for bicycle transportation purposes and not solely for recreation purposes. Bicycle facilities constructed or modified after December 31, 2012, shall meet or exceed the standards adopted by the design standards committee under RCW 35.78.030.
[ 2012 c 67 s 2; 1982 c 55 s 1; 1974 ex.s. c 141 s 10.]
Notes:
Intent—2012 c 67: "It is the intent of the legislature that the Washington state department of transportation shall provide for the needs of drivers, public transportation vehicles and patrons, bicyclists, and pedestrians of all ages and abilities in all planning, programming, design, construction, reconstruction, retrofit, operations, and maintenance activities and products.
It is also the intent of the legislature that the department shall view all transportation improvements as opportunities to improve safety, access, and mobility for all travelers in Washington and recognize bicycle, pedestrian, and transit modes as integral elements of the transportation system.
The increase in Washington's older adult population, which is up to forty percent of total population in some counties, increases the need for locally based transportation options and a statewide transportation system less reliant on the automobile.
Washington is committed to providing community-based options for individuals with disabilities who require access to a broader range of transportation options.
Washington believes the full integration of all modes in the design of streets and roadways will increase the capacity and efficiency of the road network, reduce traffic congestion, improve mobility options, and limit greenhouse gas emissions.
Washington believes regular walking and bicycling improves physical health, increases mental well-being, and helps reduce the risk of cardiovascular disease, Type 2 diabetes, some cancers, and other chronic diseases. Increased physical activity is also critical to combating the obesity crisis in Washington." [ 2012 c 67 s 1.]

catchline: Use of street and road funds for bicycle paths, lanes, routes and improvements authorized—Standards.


title: RCW 35.76.010

text:
Records of city street expenditures are generally inadequate to meet the needs of cities for planning and administration of their street programs and the needs of the legislature in providing for city street financing. It is the intent of the legislature that each city and town shall budget and thereafter maintain records and accounts for all street expenditures by functional categories in a manner consistent with its size, administrative capabilities, and the amounts of money expended by it for street purposes.
[ 1965 c 7 s 35.76.010. Prior: 1963 c 115 s 1.]

catchline: Declaration of purpose—Budget and accounting by functional categories.


title: RCW 35.76.020

text:
The state auditor shall formulate, prescribe, and install a system of cost accounting and reporting for each city having a population of more than eight thousand, according to the last official census, which will correctly show all street expenditures by functional categories. The system shall also provide for reporting all revenues available for street purposes from whatever source including local improvement district assessments and state and federal aid.
[ 1995 c 301 s 48; 1965 c 7 s 35.76.020. Prior: 1963 c 115 s 2.]
Notes:
Cities over eight thousand, equipment rental fund in street department: RCW 35.21.088.

catchline: Cost accounting and reporting—Cities over eight thousand.


title: RCW 35.76.030

text:
Consistent with the intent of this chapter as stated in RCW 35.76.010, the state auditor, from and after July 1, 1965, is authorized and directed to prescribe accounting and reporting procedures for street expenditures for cities and towns having a population of eight thousand or less, according to the last official census.
[ 1995 c 301 s 49; 1965 c 7 s 35.76.030. Prior: 1963 c 115 s 3.]

catchline: Cost accounting and reporting—Cities of eight thousand or less.


title: RCW 35.76.040

text:
The state auditor, after consultation with the association of Washington cities and the planning division of the state department of transportation shall prepare and distribute to the cities and towns a manual of instructions governing accounting and reporting procedures for all street expenditures.
[ 1984 c 7 s 21; 1965 c 7 s 35.76.040. Prior: 1963 c 115 s 4.]

catchline: Manual of instructions.


title: RCW 35.76.050

text:
The state auditor shall annually make a cost-audit examination of street records for each city and town and make a written report thereon to the legislative body of each city and town. The expense of the examination shall be paid out of that portion of the motor vehicle fund allocated to the cities and towns and withheld for use by the state department of transportation under the terms of RCW 46.68.110(1).
[ 1995 c 301 s 50; 1984 c 7 s 22; 1965 c 7 s 35.76.050. Prior: 1963 c 115 s 5.]

catchline: Cost-audit examination and report.


title: RCW 35.76.060

text:
Expenditures for city and town streets shall be budgeted by each city and town according to the same functional categories prescribed by the state auditor for purposes of accounting and reporting as provided in RCW 35.76.020 and 35.76.030.
In the preparation of city and town budgets, including the preparation and filing of budget estimates, adoption of preliminary budgets and adoption of final budgets, all expenditures for street purposes shall be designated by such functional categories only.
[ 1965 c 7 s 35.76.060. Prior: 1963 c 115 s 6.]

catchline: Budgets.


title: RCW 35.77.010

text:
(1) The legislative body of each city and town, pursuant to one or more public hearings thereon, shall prepare and adopt a comprehensive transportation program for the ensuing six calendar years. If the city or town has adopted a comprehensive plan pursuant to chapter 35.63 or 35A.63 RCW, the inherent authority of a first-class city derived from its charter, or chapter 36.70A RCW, the program shall be consistent with this comprehensive plan. The program shall include any new or enhanced bicycle or pedestrian facilities identified pursuant to RCW 36.70A.070(6) or other applicable changes that promote nonmotorized transit.
The program shall be filed with the secretary of transportation not more than thirty days after its adoption. Annually thereafter the legislative body of each city and town shall review the work accomplished under the program and determine current city transportation needs. Based on these findings each such legislative body shall prepare and after public hearings thereon adopt a revised and extended comprehensive transportation program before July 1st of each year, and each one-year extension and revision shall be filed with the secretary of transportation not more than thirty days after its adoption. The purpose of this section is to assure that each city and town shall perpetually have available advanced plans looking to the future for not less than six years as a guide in carrying out a coordinated transportation program. The program may at any time be revised by a majority of the legislative body of a city or town, but only after a public hearing.
The six-year plan for each city or town shall specifically set forth those projects and programs of regional significance for inclusion in the transportation improvement program within that region.
(2) Each six-year transportation program forwarded to the secretary in compliance with subsection (1) of this section shall contain information as to how a city or town will expend its moneys, including funds made available pursuant to chapter 47.30 RCW, for nonmotorized transportation purposes.
(3) Each six-year transportation program forwarded to the secretary in compliance with subsection (1) of this section shall contain information as to how a city or town shall act to preserve railroad right-of-way in the event the railroad ceases to operate in the city's or town's jurisdiction.
[ 2005 c 360 s 4. Prior: 1994 c 179 s 1; 1994 c 158 s 7; 1990 1st ex.s. c 17 s 59; 1988 c 167 s 6; 1984 c 7 s 23; 1977 ex.s. c 317 s 7; 1975 1st ex.s. c 215 s 1; 1967 ex.s. c 83 s 27; 1965 c 7 s 35.77.010; prior: 1961 c 195 s 2.]
Notes:
Findings—Intent—2005 c 360: See note following RCW 36.70A.070.
Captions not law—Severability—Effective date—1994 c 158: See RCW 47.80.902 through 47.80.904.
Severability—Part, section headings not law—1990 1st ex.s. c 17: See RCW 36.70A.900 and 36.70A.901.
Savings—Severability—1988 c 167: See notes following RCW 47.26.121.
Effective dates—1977 ex.s. c 317: See note following RCW 82.38.030.
Effective dates—1967 ex.s. c 83: See RCW 47.26.910.
Highways, roads, streets in urban areas, urban arterials, development: Chapter 47.26 RCW.
Long-range arterial construction planning, counties and cities to prepare data: RCW 47.26.170.
Perpetual advanced six-year plans for coordinated transportation program: RCW 36.81.121.
Transportation improvement board: Chapter 47.26 RCW.

catchline: Perpetual advanced six-year plans for coordinated transportation program expenditures—Nonmotorized transportation—Railroad right-of-way.


title: RCW 35.77.015

text:
The annual revision and extension of comprehensive street programs pursuant to RCW 35.77.010 shall include consideration of and, wherever reasonably practicable, provisions for bicycle routes: PROVIDED, That no provision need be made for any such route where the cost of establishing it would be excessively disproportionate to the need or probable use.
[ 1974 ex.s. c 141 s 11.]

catchline: Provisions for bicycle paths, lanes, routes, roadways and improvements to be included in annual revision or extension of comprehensive street programs—Exception.


title: RCW 35.77.020

text:
Any city or town may enter into an agreement with the county in which it is located authorizing the county to perform all or any part of the construction, repair, and maintenance of streets in such city or town at such cost as shall be mutually agreed upon. The agreement shall be approved by ordinance of the governing body of the city or town and by resolution of the board of county commissioners.
Any such agreement may include, but shall not be limited to the following:
(1) A provision that the county shall perform all or a specified part of the construction, repair, or maintenance of the city or town streets and bridges to the same standards provided by the county in unincorporated areas, or to increased standards as shall be specified which may include construction, repair, or maintenance of drainage facilities including storm sewers, sidewalks and curbings, street lighting, and traffic control devices.
(2) A provision that the county may provide engineering and administrative services necessary for the planning, establishment, construction, and maintenance of the streets of the city or town, including engineering and clerical services necessary for the establishment of local improvement districts. In providing such services the county engineer may exercise all the powers and perform all the duties vested by law or by ordinance in the city or town engineer or other officer or department charged with street administration.
(3) A provision that the city or town shall enact ordinances for the administration, establishment, construction, repair, maintenance, regulation, and protection of its streets as may be necessary to authorize the county to lawfully carry out the terms of the agreement.
[ 1965 c 7 s 35.77.020. Prior: 1961 c 245 s 1.]

catchline: Agreements with county for planning, establishment, construction, and maintenance.


title: RCW 35.77.030

text:
Pursuant to an agreement authorized by RCW 35.77.020, the board of county commissioners may expend funds from the county road fund for the construction, repair, and maintenance of the streets of such city or town and for engineering and administrative services. Payments by a city or town under such an agreement shall be made to the county treasurer and by him or her deposited in the county road fund. Such construction, repair, maintenance, and engineering service shall be ordered by resolution and proceedings conducted in respect thereto in the same manner as provided for the construction, repair, and maintenance of county roads by counties, and for the preparation of maps, plans and specifications, advertising and award of contracts therefor: PROVIDED, That except in case of emergency all construction work performed by a county on city streets pursuant to RCW 35.77.020 through 35.77.040, which exceeds ten thousand dollars, shall be done by contract, unless after advertisement and solicitation of competitive bids it appears that bids are unobtainable or that the lowest bid exceeds the amount for which such construction can be done by means other than contract. No street construction project shall be divided into lesser component parts for the purpose of avoiding the requirements for competitive bidding.
[ 2009 c 549 s 2123; 1965 c 7 s 35.77.030. Prior: 1961 c 245 s 2.]

catchline: Agreements with county for planning, establishment, construction, and maintenance—County may use road fund—Payments by city—Contracts, bids.


title: RCW 35.77.040

text:
RCW 35.77.020 through 35.77.040 shall not repeal, amend, or modify any law providing for joint or cooperative agreements between cities and counties with respect to city streets, but shall be held to be an additional and concurrent method providing for such purpose.
[ 1965 c 7 s 35.77.040. Prior: 1961 c 245 s 3.]

catchline: Agreements with county for planning, establishment, construction, and maintenance—Act is additional and concurrent method.


title: RCW 35.77.050

text:
Cities and towns are authorized to establish crash prevention zones in accordance with RCW 46.61.090.
[ 2026 c 123 s 6.]

catchline: Crash prevention zones—Cities and towns authorized to establish.


title: RCW 35.78.010

text:
The governing body of each municipal corporation shall classify and designate city streets as follows:
Major arterials, which are defined as transportation arteries which connect the focal points of traffic interest within a city; arteries which provide communications with other communities and the outlying areas; or arteries which have relatively high traffic volume compared with other streets within the city;
Secondary arterials, which are defined as routes which serve lesser points of traffic interest within a city; provide communication with outlying districts in the same degree or serve to collect and distribute traffic from the major arterials to the local streets;
Access streets, which are defined as land service streets and are generally limited to providing access to abutting property. They are tributary to the major and secondary thoroughfares and generally discourage through traffic.
[ 1965 c 7 s 35.78.010. Prior: 1949 c 164 s 1; Rem. Supp. 1949 s 9300-1.]

catchline: Classification of streets.


title: RCW 35.78.020

text:
There is created a state design standards committee of seven members, six of whom shall be appointed by the executive committee of the Association of Washington Cities to hold office at its pleasure and the seventh to be the state aid engineer. The members to be appointed by the executive committee of the Association of Washington Cities shall be restricted to the membership of the association or to those holding office and/or performing the function of chief engineer in any of the several municipalities in the state.
[ 1984 c 7 s 24; 1965 c 7 s 35.78.020. Prior: 1949 c 164 s 2; Rem. Supp. 1949 s 9300-2.]


title: RCW 35.78.030

text:
(1) The design standards committee shall from time to time adopt uniform design standards for major arterial and secondary arterial streets.
(2) By July 1, 2012, and from time to time thereafter, the design standards committee shall adopt standards for bicycle and pedestrian facilities.
[ 2012 c 67 s 4; 1965 c 7 s 35.78.030. Prior: 1949 c 164 s 3; Rem. Supp. 1949 s 9300-3.]
Notes:
Intent—2012 c 67: See note following RCW 35.75.060.

catchline: Committee to adopt uniform design standards.


title: RCW 35.78.040

text:
The governing body of the several municipalities shall apply the uniform design standards adopted under RCW 35.78.030 to all new construction on major arterial and secondary arterial streets and to reconstruction of old such streets as far as practicable. No deviation from the design standards as to such streets may be made without approval of the state aid engineer.
[ 1984 c 7 s 25; 1965 c 7 s 35.78.040. Prior: 1949 c 164 s 4; Rem. Supp. 1949 s 9300-4.]

catchline: Design standards must be followed by municipalities—Approval of deviations.


title: RCW 35.78.050

text:
Any city or town may use any funds available for street or road construction, maintenance, or improvement for building, improving, and maintaining a pedestrian right-of-way and for improvements to make existing streets and roads more suitable and safe for pedestrian travel. Any such paths, lanes, roadways, routes, or streets for which any such street or road funds are expended must be suitable for pedestrian travel purposes and not solely for recreation purposes. A pedestrian right-of-way constructed or modified after December 31, 2012, must meet or exceed the standards adopted by the design standards committee under RCW 35.78.030.
[ 2012 c 67 s 3.]
Notes:
Intent—2012 c 67: See note following RCW 35.75.060.

catchline: Use of street and road funds for pedestrian rights-of-way—Standards.


title: RCW 35.79.010

text:
The owners of an interest in any real estate abutting upon any street or alley who may desire to vacate the street or alley, or any part thereof, may petition the legislative authority to make vacation, giving a description of the property to be vacated, or the legislative authority may itself initiate by resolution such vacation procedure. The petition or resolution shall be filed with the city or town clerk, and, if the petition is signed by the owners of more than two-thirds of the property abutting upon the part of such street or alley sought to be vacated, legislative authority by resolution shall fix a time when the petition will be heard and determined by such authority or a committee thereof, which time shall not be more than sixty days nor less than twenty days after the date of the passage of such resolution.
[ 1965 c 7 s 35.79.010. Prior: 1957 c 156 s 2; 1901 c 84 s 1, part; RRS s 9297, part.]

catchline: Petition by owners—Fixing time for hearing.


title: RCW 35.79.020

text:
Upon the passage of the resolution the city or town clerk shall give twenty days' notice of the pendency of the petition by a written notice posted in three of the most public places in the city or town and a like notice in a conspicuous place on the street or alley sought to be vacated. The said notice shall contain a statement that a petition has been filed to vacate the street or alley described in the notice, together with a statement of the time and place fixed for the hearing of the petition. In all cases where the proceeding is initiated by resolution of the city or town council or similar legislative authority without a petition having been signed by the owners of more than two-thirds of the property abutting upon the part of the street or alley sought to be vacated, in addition to the notice hereinabove required, there shall be given by mail at least fifteen days before the date fixed for the hearing, a similar notice to the owners or reputed owners of all lots, tracts or parcels of land or other property abutting upon any street or alley or any part thereof sought to be vacated, as shown on the rolls of the county treasurer, directed to the address thereon shown: PROVIDED, That if fifty percent of the abutting property owners file written objection to the proposed vacation with the clerk, prior to the time of hearing, the city shall be prohibited from proceeding with the resolution.
[ 1965 c 7 s 35.79.020. Prior: 1957 c 156 s 3; 1901 c 84 s 1, part; RRS s 9297, part.]

catchline: Notice of hearing—Objections prior to hearing.


title: RCW 35.79.030

text:
The hearing on such petition may be held before the legislative authority, before a committee thereof, or before a hearing examiner, upon the date fixed by resolution or at the time the hearing may be adjourned to. If the hearing is before 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 the hearing is held before a committee it shall not be necessary to hold a hearing on the petition before 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: PROVIDED, That the hearing examiner must include in its report to the legislative authority an explanation of the facts and reasoning underlying a recommendation to deny a petition. 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 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.
[ 2011 c 130 s 1; 2002 c 55 s 1; 2001 c 202 s 1; 1987 c 228 s 1; 1985 c 254 s 1; 1969 c 28 s 4. Prior: 1967 ex.s. c 129 s 1; 1967 c 123 s 1; 1965 c 7 s 35.79.030; prior: 1957 c 156 s 4; 1949 c 14 s 1; 1901 c 84 s 2; Rem. Supp. 1949 s 9298.]

catchline: Hearing—Ordinance of vacation.


title: RCW 35.79.035

text:
(1) A city or town shall not vacate a street or alley if any portion of the street or alley abuts a body of fresh or salt water unless:
(a) The vacation is sought to enable the city or town 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;
(b) The city or town, by resolution of its legislative authority, 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, boat moorage, launching sites, park, public view, recreation, or education; or
(c) The vacation is sought to enable a city or town 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 or alleys sought to be vacated abut, had the properties included in the plan not been vacated.
(2) Before adopting a resolution vacating a street or alley under subsection (1)(b) of this section, the city or town shall:
(a) Compile an inventory of all rights-of-way within the city or town that abut the same body of water that is abutted by the street or alley sought to be vacated;
(b) Conduct a study to determine if the street or alley to be vacated is suitable for use by the city or town for any of the following purposes: Port, boat moorage, launching sites, beach or water access, park, public view, recreation, or education;
(c) Hold a public hearing on the proposed vacation in the manner required by this chapter, where in addition to the normal requirements for publishing notice, notice of the public hearing is posted conspicuously on the street or alley sought to be vacated, which posted notice indicates that the area is public access, it is proposed to be vacated, and that anyone objecting to the proposed vacation should attend the public hearing or send a letter to a particular official indicating his or her objection; and
(d) Make a finding that the street or alley sought to be vacated is not suitable for any of the purposes listed under (b) of this subsection, and that the vacation is in the public interest.
(3) No vacation shall be effective until the fair market value has been paid for the street or alley that is vacated. Moneys received from the vacation may be used by the city or town only for acquiring additional beach or water access, acquiring additional public view sites to a body of water, or acquiring additional moorage or launching sites.
[ 1987 c 228 s 2.]

catchline: Limitations on vacations of streets abutting bodies of water—Procedure.


title: RCW 35.79.040

text:
If any street or alley in any city or town is vacated by the city or town council, the property within the limits so vacated shall belong to the abutting property owners, one-half to each.
[ 1965 c 7 s 35.79.040. Prior: 1901 c 84 s 3; RRS s 9299.]

catchline: Title to vacated street or alley.


title: RCW 35.79.050

text:
No vested rights shall be affected by the provisions of this chapter.
[ 1965 c 7 s 35.79.050. Prior: 1901 c 84 s 4; RRS s 9300.]

catchline: Vested rights not affected.


title: RCW 35.80.010

text:
It is hereby found that there exist, in the various municipalities and counties of the state, dwellings which are unfit for human habitation, and buildings, structures, and premises or portions thereof which are unfit for other uses due to dilapidation, disrepair, structural defects, defects increasing the hazards of fire, accidents, or other calamities, inadequate ventilation and uncleanliness, inadequate light or sanitary facilities, inadequate drainage, overcrowding, or due to other conditions which are inimical to the health and welfare of the residents of such municipalities and counties.
It is further found and declared that the powers conferred by this chapter are for public uses and purposes for which public money may be expended, and that the necessity of the public interest for the enactment of this law is hereby declared to be a matter of local legislative determination.
[ 1989 c 133 s 1; 1969 ex.s. c 127 s 1; 1967 c 111 s 1; 1965 c 7 s 35.80.010. Prior: 1959 c 82 s 1.]

catchline: Declaration of purpose.


title: RCW 35.80.020

text:
The following terms, however used or referred to in this chapter, shall have the following meanings, unless a different meaning is clearly indicated by the context:
(1) "Board" shall mean the improvement board as provided for in RCW 35.80.030(1)(a);
(2) "Local governing body" shall mean the council, board, commission, or other legislative body charged with governing the municipality or county;
(3) "Municipality" shall mean any city, town or county in the state;
(4) "Public officer" shall mean any officer who is in charge of any department or branch of the government of the municipality or county relating to health, fire, building regulation, or other activities concerning dwellings, buildings, structures, or premises in the municipality or county.
[ 1989 c 133 s 2; 1969 ex.s. c 127 s 2; 1967 c 111 s 2; 1965 c 7 s 35.80.020. Prior: 1959 c 82 s 2.]

catchline: Definitions.


title: RCW 35.80.030

text:
(1) Whenever the local governing body of a municipality finds that one or more conditions of the character described in RCW 35.80.010 exist within its territorial limits, that governing body may adopt ordinances relating to such dwellings, buildings, structures, or premises. Such ordinances may provide for the following:
(a) That an "improvement board" or officer be designated or appointed to exercise the powers assigned to such board or officer by the ordinance as specified in this section. The board or officer may be an existing municipal board or officer in the municipality, or may be a separate board or officer appointed solely for the purpose of exercising the powers assigned by the ordinance.
If a board is created, the ordinance shall specify the terms, method of appointment, and type of membership of the board, which may be limited, if the local governing body chooses, to public officers under this section.
(b) That if a board is created, a public officer, other than a member of the improvement board, may be designated to work with the board and carry out the duties and exercise the powers assigned to the public officer by the ordinance.
(c) That if, after a preliminary investigation of any dwelling, building, structure, or premises, the board or officer finds that it is unfit for human habitation or other use, he or she shall cause to be served either personally or by certified mail, with return receipt requested, upon all persons having any interest therein, as shown upon the records of the auditor's office of the county in which such property is located, and shall post in a conspicuous place on such property, a complaint stating in what respects such dwelling, building, structure, or premises is unfit for human habitation or other use. If the whereabouts of any of such persons is unknown and the same cannot be ascertained by the board or officer in the exercise of reasonable diligence, and the board or officer makes an affidavit to that effect, then the serving of such complaint or order upon such persons may be made either by personal service or by mailing a copy of the complaint and order by certified mail, postage prepaid, return receipt requested, to each such person at the address of the building involved in the proceedings, and mailing a copy of the complaint and order by first-class mail to any address of each such person in the records of the county assessor or the county auditor for the county where the property is located. Such complaint shall contain a notice that a hearing will be held before the board or officer, at a place therein fixed, not less than ten days nor more than thirty days after the serving of the complaint; and that all parties in interest shall be given the right to file an answer to the complaint, to appear in person, or otherwise, and to give testimony at the time and place in the complaint. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the board or officer. A copy of such complaint shall also be filed with the auditor of the county in which the dwelling, building, structure, or premises is located, and such filing of the complaint or order shall have the same force and effect as other lis pendens notices provided by law.
(d) That the board or officer may determine that a dwelling, building, structure, or premises is unfit for human habitation or other use if it finds that conditions exist in such dwelling, building, structure, or premises which are dangerous or injurious to the health or safety of the occupants of such dwelling, building, structure, or premises, the occupants of neighboring dwellings, or other residents of such municipality. Such conditions may include the following, without limitations: Defects therein increasing the hazards of fire or accident; inadequate ventilation, light, or sanitary facilities, dilapidation, disrepair, structural defects, uncleanliness, overcrowding, or inadequate drainage. The ordinance shall state reasonable and minimum standards covering such conditions, including those contained in ordinances adopted in accordance with subsection (7)(a) of this section, to guide the board or the public officer and the agents and employees of either, in determining the fitness of a dwelling for human habitation, or building, structure, or premises for other use.
(e) That the determination of whether a dwelling, building, structure, or premises should be repaired or demolished, shall be based on specific stated standards on (i) the degree of structural deterioration of the dwelling, building, structure, or premises, or (ii) the relationship that the estimated cost of repair bears to the value of the dwelling, building, structure, or premises, with the method of determining this value to be specified in the ordinance.
(f) That if, after the required hearing, the board or officer determines that the dwelling is unfit for human habitation, or building or structure or premises is unfit for other use, it shall state in writing its findings of fact in support of such determination, and shall issue and cause to be served upon the owner or party in interest thereof, as is provided in (c) of this subsection, and shall post in a conspicuous place on the property, an order that (i) requires the owner or party in interest, within the time specified in the order, to repair, alter, or improve such dwelling, building, structure, or premises to render it fit for human habitation, or for other use, or to vacate and close the dwelling, building, structure, or premises, if such course of action is deemed proper on the basis of the standards set forth as required in (e) of this subsection; or (ii) requires the owner or party in interest, within the time specified in the order, to remove or demolish such dwelling, building, structure, or premises, if this course of action is deemed proper on the basis of those standards. If no appeal is filed, a copy of such order shall be filed with the auditor of the county in which the dwelling, building, structure, or premises is located.
(g) That the owner or any party in interest, within thirty days from the date of service upon the owner and posting of an order issued by the board under (c) of this subsection, may file an appeal with the appeals commission.
The local governing body of the municipality shall designate or establish a municipal agency to serve as the appeals commission. The local governing body shall also establish rules of procedure adequate to assure a prompt and thorough review of matters submitted to the appeals commission, and such rules of procedure shall include the following, without being limited thereto: (i) All matters submitted to the appeals commission must be resolved by the commission within sixty days from the date of filing therewith and (ii) a transcript of the findings of fact of the appeals commission shall be made available to the owner or other party in interest upon demand.
The findings and orders of the appeals commission shall be reported in the same manner and shall bear the same legal consequences as if issued by the board, and shall be subject to review only in the manner and to the extent provided in subsection (2) of this section.
If the owner or party in interest, following exhaustion of his or her rights to appeal, fails to comply with the final order to repair, alter, improve, vacate, close, remove, or demolish the dwelling, building, structure, or premises, the board or officer may direct or cause such dwelling, building, structure, or premises to be repaired, altered, improved, vacated, and closed, removed, or demolished.
(h) That the amount of the cost of such repairs, alterations or improvements; or vacating and closing; or removal or demolition by the board or officer, shall be assessed against the real property upon which such cost was incurred unless such amount is previously paid. For purposes of this subsection, the cost of vacating and closing shall include (i) the amount of relocation assistance payments that a property owner has not repaid to a municipality or other local government entity that has advanced relocation assistance payments to tenants under RCW 59.18.085 and (ii) all penalties and interest that accrue as a result of the failure of the property owner to timely repay the amount of these relocation assistance payments under RCW 59.18.085. Upon certification to him or her by the treasurer of the municipality in cases arising out of the city or town or by the county improvement board or officer, in cases arising out of the county, of the assessment amount being due and owing, the county treasurer shall enter the amount of such assessment upon the tax rolls against the property for the current year and the same shall become a part of the general taxes for that year to be collected at the same time and with interest at such rates and in such manner as provided for in RCW 84.56.020 for delinquent taxes, and when collected to be deposited to the credit of the general fund of the municipality. If the dwelling, building, structure, or premises is removed or demolished by the board or officer, the board or officer shall, if possible, sell the materials of such dwelling, building, structure, or premises in accordance with procedures set forth in the ordinance, and shall credit the proceeds of such sale against the cost of the removal or demolition and if there be any balance remaining, it shall be paid to the parties entitled thereto, as determined by the board or officer, after deducting the costs incident thereto.
The assessment shall constitute a lien against the property which shall be of equal rank with state, county and municipal taxes.
(2) Any person affected by an order issued by the appeals commission pursuant to subsection (1)(g) of this section may, within thirty days after the posting and service of the order, petition to the superior court for an injunction restraining the public officer or members of the board from carrying out the provisions of the order. In all such proceedings the court is authorized to affirm, reverse, or modify the order and such trial shall be heard de novo.
(3) An ordinance adopted by the local governing body of the municipality may authorize the board or officer to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this section. These powers shall include the following in addition to others granted in this section: (a)(i) To determine which dwellings within the municipality are unfit for human habitation; (ii) to determine which buildings, structures, or premises are unfit for other use; (b) to administer oaths and affirmations, examine witnesses, and receive evidence; and (c) to investigate the dwelling and other property conditions in the municipality or county and to enter upon premises for the purpose of making examinations when the board or officer has reasonable ground for believing they are unfit for human habitation, or for other use: PROVIDED, That such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession, and to obtain an order for this purpose after submitting evidence in support of an application which is adequate to justify such an order from a court of competent jurisdiction in the event entry is denied or resisted.
(4) The local governing body of any municipality adopting an ordinance pursuant to this chapter may appropriate the necessary funds to administer such ordinance.
(5) This section does not abrogate or impair the powers of the courts or of any department of any municipality to enforce any provisions of its charter or its ordinances or regulations, nor to prevent or punish violations thereof; and the powers conferred by this section shall be in addition and supplemental to the powers conferred by any other law.
(6) This section does not impair or limit in any way the power of the municipality to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise.
(7) Any municipality may by ordinance adopted by its governing body (a) prescribe minimum standards for the use and occupancy of dwellings throughout the municipality or county, (b) prescribe minimum standards for the use or occupancy of any building, structure, or premises used for any other purpose, (c) prevent the use or occupancy of any dwelling, building, structure, or premises, that is injurious to the public health, safety, morals, or welfare, and (d) prescribe punishment for the violation of any provision of such ordinance.
[ 2005 c 364 s 3; 1989 c 133 s 3; 1984 c 213 s 1; 1973 1st ex.s. c 144 s 1; 1969 ex.s. c 127 s 3; 1967 c 111 s 3; 1965 c 7 s 35.80.030. Prior: 1959 c 82 s 3.]
Notes:
Purpose—Construction—2005 c 364: See notes following RCW 59.18.085.

catchline: Permissible ordinances—Appeal.


title: RCW 35.80.040

text:
For all the purposes of this chapter and the ordinances adopted as provided herein, no person shall, because of race, creed, color, or national origin, be subjected to any discrimination.
[ 1965 c 7 s 35.80.040. Prior: 1959 c 82 s 4.]
Notes:
Discrimination—Human rights commission: Chapter 49.60 RCW.

catchline: Discrimination prohibited.


title: RCW 35.80A.010

text:
Every county, city, and town may acquire by condemnation, in accordance with the notice requirements and other procedures for condemnation provided in Title 8 RCW, any property, dwelling, building, or structure which constitutes a blight on the surrounding neighborhood. A "blight on the surrounding neighborhood" is any property, dwelling, building, or structure that meets any two of the following factors: (1) If a dwelling, building, or structure exists on the property, the dwelling, building, or structure has not been lawfully occupied for a period of one year or more; (2) the property, dwelling, building, or structure constitutes a threat to the public health, safety, or welfare as determined by the executive authority of the county, city, or town, or the designee of the executive authority; or (3) the property, dwelling, building, or structure is or has been associated with illegal drug activity during the previous twelve months. Prior to such condemnation, the local governing body shall adopt a resolution declaring that the acquisition of the real property described therein is necessary to eliminate neighborhood blight. Condemnation of property, dwellings, buildings, and structures for the purposes described in this chapter is declared to be for a public use.
[ 1994 c 175 s 1; 1989 c 271 s 239.]

catchline: Condemnation of blighted property.


title: RCW 35.80A.020

text:
Counties, cities, and towns may sell, lease, or otherwise transfer real property acquired pursuant to this chapter for residential, recreational, commercial, industrial, or other uses or for public use, subject to such covenants, conditions, and restrictions, including covenants running with the land, as the county, city, or town deems to be necessary or desirable to rehabilitate and preserve the dwelling, building, or structure in a habitable condition. The purchasers or lessees and their successors and assigns shall be obligated to comply with such other requirements as the county, city, or town may determine to be in the public interest, including the obligation to begin, within a reasonable time, any improvements on such property required to make the dwelling, building, or structure habitable. Such real property or interest shall be sold, leased, or otherwise transferred, at not less than its fair market value. In determining the fair market value of real property for uses in accordance with this section, a municipality shall take into account and give consideration to, the restrictions upon and the covenants, conditions, and obligations assumed by the purchaser or lessee.
[ 1989 c 271 s 240.]

catchline: Transfer of blighted property acquired by condemnation.


title: RCW 35.80A.030

text:
A county, city, or town may dispose of real property acquired pursuant to this section to private persons only under such reasonable, competitive procedures as it shall prescribe. The county, city, or town may accept such proposals as it deems to be in the public interest and in furtherance of the purposes of this chapter. Thereafter, the county, city, or town may execute and deliver contracts, deeds, leases, and other instruments of transfer.
[ 1989 c 271 s 241.]

catchline: Disposition of blighted property—Procedures.


title: RCW 35.80A.040

text:
Every county, city, or town may, in addition to any other authority granted by this chapter: (1) Enter upon any building or property found to constitute a blight on the surrounding neighborhood in order to make surveys and appraisals, and to obtain an order for this purpose from a court of competent jurisdiction in the event entry is denied or resisted; and (2) borrow money, apply for, and accept, advances, loans, grants, contributions, and any other form of financial assistance from the federal government, the state, a county, or other public body, or from any sources, public or private, for the purposes of this chapter, and enter into and carry out contracts in connection herewith.
[ 1989 c 271 s 242.]

catchline: Authority to enter blighted buildings or property—Acceptance of financial assistance.


title: RCW 35.81.005

text:
It is hereby found and declared that blighted areas which constitute a serious and growing menace, injurious to the public health, safety, morals and welfare of the residents of the state exist in municipalities of the state; that the existence of such areas contributes substantially and increasingly to the spread of disease and crime and depreciation of property values, constitutes an economic and social liability, substantially impairs or arrests the sound growth of municipalities, retards the provision of housing accommodations, hinders job creation and economic growth, aggravates traffic problems and substantially impairs or arrests the elimination of traffic hazards and the improvement of traffic facilities; and that the prevention and elimination of such areas is a matter of state policy and state concern in order that the state and its municipalities shall not continue to be endangered by areas which are focal centers of disease, promote juvenile delinquency, are conducive to fires, are difficult to police and to provide police protection for, and, while contributing little to the tax income of the state and its municipalities, consume an excessive proportion of its revenues because of the extra services required for police, fire, accident, hospitalization and other forms of public protection, services, and facilities.
It is further found and declared that certain of such areas, or portions thereof, may require acquisition, clearance, and disposition subject to use restrictions, as provided in this chapter, since the prevailing condition of decay may make impracticable the reclamation of the area by rehabilitation; that other areas or portions thereof may, through the means provided in this chapter, be susceptible of rehabilitation in such a manner that the conditions and evils hereinbefore enumerated may be eliminated, remedied or prevented; and that to the extent feasible salvable blighted areas should be rehabilitated through voluntary action and the regulatory process.
It is further found and declared that there is an urgent need to enhance the ability of municipalities to act effectively and expeditiously to revive blighted areas and to prevent further blight due to shocks to the economy of the state and their actual and threatened effects on unemployment, poverty, and the availability of private capital for businesses and projects in the area.
It is further found and declared that the powers conferred by this chapter are for public uses and purposes for which public money may be expended and the power of eminent domain exercised; and that the necessity in the public interest for the provisions herein enacted is hereby declared as a matter of legislative determination.
[ 2002 c 218 s 2; 1965 c 7 s 35.81.020. Prior: 1957 c 42 s 2. Formerly RCW 35.81.020.]
Notes:
Severability—2002 c 218: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2002 c 218 s 28.]
Savings—Construction—2002 c 218: "(1) This act does not impair any authority granted, any actions undertaken, or any liability or obligation incurred under the sections amended in this act or under any rule, order, plan, or project adopted under those sections, nor does it impair any proceedings instituted under those sections.
(2) Any power granted in this act with respect to a community renewal plan, and any process authorized for the exercise of the power, may be used by any municipality in implementing any urban renewal plan or project adopted under chapter 35.81 RCW, to the same extent as if the plan were adopted as a community renewal plan.
(3) This act shall be liberally construed." [ 2002 c 218 s 29.]

catchline: Declaration of purpose and necessity.