12.10.080 Vacation of Waterfront Streets.
A. The City shall not vacate a street, or portion thereof, if the street abuts a body of fresh or salt water, unless:
1. The vacation is sought to enable the City to acquire the property for port purposes, beach or water access purposes, boat moorage or launching sites, park, public view, recreation, educational purposes, or other public uses; or
2. The City Council, by resolution, declares that the street is not presently being used as a street and that the street is not suitable for the following purposes: port, beach or water access, boat moorage, launching sites, park, public view, recreation or education; or
3. The vacation is sought by the City to implement a plan, adopted by resolution or ordinance, that provides comparable or improved public access to the same shoreline area to which the streets sought to be vacated abut, had the property included in the plan not been vacated.
B. Before adopting a resolution vacating a street under subsection (A)(2) of this section, the City shall:
1. Compile an inventory of all rights-of-way within the City that abut the same body of water that is abutted by the street sought to be vacated;
2. Conduct a study to determine if the street to be vacated is suitable for use by the City for any of the following purposes: port, boat moorage, launching sites, beach or water access, park, public view, recreation, or education;
3. Make a finding that the street 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.
C. No vacation under this section shall be effective until the fair market value has been paid for the street that is vacated. Moneys received from the vacation may be used by the City 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.