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2002 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 1.1, as amended, §§ 2.1, 2.2 and 3, §§ 4 through 10, as amended, § 11, §§ 12 through 18, as amended, § 20, §§ 21 and 21.1, as amended, § 22, § 23, as amended, § 24, § 25.1, as amended, § 25.2, §§ 26, 31, 32 and 33, as amended, §§ 35 and 36, § 37, as amended, §§ 38 and 39, §§ 40, 41, 42 and 44, as amended, § 45, §§ 47, 51 and 52, as amended, §§ 53 and 54, §§ 56 and 57, as amended, § 58, §§ 59, 60 and 62, as amended, §§ 62.1, 63, 65 and 66, § 67, as amended, and § 72 of Chapter 216 of the Acts of Assembly of 1952, which provided a charter for the City of Roanoke, are amended and reenacted and Chapter 216 is amended by adding sections numbered 62.01 and 62.02 as follows:
§ 1.1. The city and its boundaries.
The inhabitants of the territory comprised within the present limits of the
city of Roanoke, as hereinafter described, or as the same may be hereafter
altered and as provided by law, shall continue to be a body politic and
corporate, to be known and designated as the city of Roanoke, and as such shall
have and may exercise all powers which are now, or hereafter may be, conferred
upon, or delegated to, cities under the Constitution and laws of the
Commonwealth of Virginia, as fully and completely as though said such powers
were specifically enumerated herein, and no enumeration of particular powers by this charter shall be
held to be exclusive; and the said city of Roanoke as such shall have perpetual
succession, may sue and be sued, contract and be contracted with, and may have a corporate
seal which it may alter, renew, or amend at its pleasure.
The present boundaries of the said city shall be as described in Chapter 216,
Acts of Assembly, 1952, as enlarged by orders of the Circuit Court of Roanoke County,
Virginia, as follows:
(a) Order of Annexation entered September 14, 1964, recorded in Deed Book 984, Page 539, in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, and in Deed Book 1166, Page 161, in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, (formerly Hustings Court); and
(b) Order of Annexation entered September 30, 1966, recorded in Deed Book 984, Page 549, in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, and in Deed Book 1207, Page 618, in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, (formerly Hustings Court); and
(c) Order of Annexation entered May 16, 1967, recorded in Deed Book 827, Page 492, in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, and in Deed Book 1220, Page 291, in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, (formerly Hustings Court); and
(d) Order of Annexation entered May 10, 1975, recorded in Deed Book 1017, Page 516, in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, and in Deed Book 1361, Page 548, in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia.
§ 2.1. Differences in rate of taxation on real estate within areas added to city limits; taxing districts.
Pursuant to Article X, Section 1 on the Constitution of Virginia, the council
may, from time to time, provide for differences in the rate of taxation to be
imposed upon real estate by the city within all or parts of areas added to its
territorial limits. Such differences in the rate of taxation shall bear a
reasonable relationship to differences between nonrevenue producing
governmental services giving land urban character which are furnished in one or
several areas in contrast to the services furnished in other areas of the city.
In so doing, the council may, from time to time, establish such taxing
districts as may be necessary to reasonably differentiate between those areas
added to the territorial limits of the city receiving contrasting services as
hereinabove provided, and having once established such taxing districts the
council may, from time to time thereafter alter, amend or abolish the same
taxing districts as the character or extent of such services are
changed.
§ 2.2. Transit system.
The city shall have the power to:
(1) (a) Acquire, own, operate, maintain or otherwise provide for a transit
system and transit facilities;
(2) (b) Enter into agreements or leases with private companies for the
operation of a transit system or operate such system itself;
(3) (c) Make application for and accept loans and grants of money or materials
or property at any time from the United States of America and the Commonwealth of Virginia or any
agency or instrumentality of either; and
(4) (d) Enter into contracts with counties, cities and towns adjoining the city
other localities to provide or cause to be provided transit facilities and
services to such counties, cities and towns localities.
§ 3. Creation and general powers of council.
There is hereby created a council, which shall have full power and authority,
except as herein otherwise provided, to exercise all of the powers conferred
upon the city, and to pass all laws and ordinances relating to its municipal
affairs, subject to the Constitution and general law of the State and of this
charter. It shall by ordinance fix the salaries of establish a system of
compensation for all officers and employees of the city, and may, so far as is
not inconsistent with the provision of this charter, define the powers and prescribe
the duties of all such officers and employees.
§ 4. Composition of council; terms of members; designation of vice-mayor; vacancies.
The Council as presently composed shall continue and shall consist of seven
members, one of which shall be the mayor, all of whom shall be elected at large
and shall serve for the respective terms as hereinafter provided. The members
of council shall serve for terms of four years, from the first day of July next
following the date of their election and until their successors shall have been
elected and qualified. The mayor shall serve for a term of four years from the
first day of July next following the date of election and until a successor
shall have been elected and qualified; provided, however, that on the first
Tuesday in May, nineteen hundred seventy-two, and on said such day each four
years thereafter, three councilmen council members and a mayor shall be elected
for a term of four years, and on the first Tuesday in May, nineteen hundred seventy-four, and each
four years thereafter, three councilmen council members shall be elected for a
term of four years.
Notwithstanding the foregoing provisions in this section, the terms of the
mayor and of the three members of council elected in 1968 shall continue for
four years from the first day of September, 1968, and until such time as their
successors shall have been elected as hereinabove provided and qualified, and
the terms of the mayor and of the three members of the council to be elected as
hereinabove provided in 1972 shall be for three years and ten months, to
commence on September 1, 1972; and, further, the terms of the three members of
council elected in 1970 shall continue for four years from the first day of
September, 1970 and until such time as their successors shall have been elected
and qualified, and the terms of the three members of council to be elected as
hereinabove provided in 1974 shall be for three years and ten months, to
commence on September 1, 1974.
The member of council receiving the largest number of votes in each regular
councilmanic election shall be the vice-mayor of the city, for a term of two
years, to commence on the first day of July next following the date of such
election and until his the vice-mayor's successor shall have been elected and
qualified; provided, however, that in the years 1972 and 1974 such term shall
commence on the first day of September next following said regular councilmanic
election; and provided, further, that the term of the vice-mayor so elected in
the regular councilmanic election held in 1974 shall be for one year and ten
months.
The council shall be a continuing body, and no measure pending before such body
shall abate or be discontinued by reason of the expiration of the term of
office or removal of the members of said body council, or any of them. No
person may be a candidate for the office of mayor and for the office of
councilman council member in the same election.
Vacancies in the council or vacancy in the office of mayor shall be filled
within thirty days, and until the day upon which the terms of office of
councilmen council members elected in the next following regular
councilmanic election shall commence, by a majority vote of the remaining members of council,
and if as much as two years of any such unexpired term of a member of council
or of the mayor remains at the time of such next regular councilmanic election,
a councilman council member or a mayor, as the case by be, shall be elected at
said such election for the remaining portion of such unexpired term.
§ 5. Qualification of members of council; conduct of candidates.
Any person qualified to vote in said the city shall be eligible to the office
of councilman council member or mayor therein. No candidate for the office of
councilman or mayor shall promise any money, office, employment or other thing of value, to secure a
nomination or election, or accept in connection with his candidacy any money except as permitted by
the general laws of the State; and any such candidate violating this provision
shall be guilty of a misdemeanor, and upon conviction thereof shall be punished
by a fine not exceeding five hundred dollars, or imprisonment for a term not
exceeding six months, or both, in the discretion of the court or jury, and
shall forfeit his office, if elected; in which event, the person receiving the
next highest number of votes, who has not violated the said these provisions
shall be entitled to said such office.
§ 6. Compensation of the mayor, vice-mayor and of council members.
The salary of the mayor, vice-mayor and each council member shall be such as is from time to time fixed by an ordinance of city council within the limits established by general law. Such salaries shall be payable no less frequently than monthly.
§ 7. Limitation of the powers of the council.
Neither the mayor, the council, nor any of its members, shall dictate, urge or
suggest the appointment of any person to office or employment by the city
manager, or in any manner interfere with the city manager, or prevent him the
city manager from exercising his or her own judgment in the appointment of
officers or employees in the administrative service; provided, however, that the city manager's
appointments of directors of directorates deputy or assistant city managers,
but not of department heads, shall be subject to confirmation by a majority of the members of the
council. Except for the purpose of inquiry, the mayor, the council and its members shall deal with
the administrative service solely through the city manager, and neither the
mayor, the council, nor any member thereof, shall give orders to any of the
subordinates of the city manager either publicly or privately.
§ 8. Officers elective by council; rules; journal of council proceedings; quorum of council.
The council shall elect a city manager, a city clerk, a director of finance, a
municipal auditor, and a city attorney, none of whom need be a resident of the
city at the time of their election or during their tenure in such office but
who shall take up residence within the city within three months of their election if not
already a resident. Unless herein otherwise specifically provided, the council
shall also appoint the members of such boards and commissions as are hereafter
provided for. All elections by the council shall be viva voce and the vote
recorded in the journal of the council. The council may determine its own
rules of procedure; may punish its members for misconduct and may compel the
attendance of members in such manner and under such penalties as may be
prescribed by ordinance. It shall keep a journal or its proceedings. A
majority of all of the members of the council shall constitute a quorum to do
business, but a smaller number may adjourn from time to time.
Upon a vacancy occurring in any such office the council shall elect a person to fill the unexpired portion of any term created by such vacancy; or, in the council's discretion, it may elect a person as an acting city manager, city clerk, director of finance, municipal auditor, or city attorney to hold such office for such lesser term and for such compensation as the council shall then determine; and any person so elected shall have, during the term for which he was elected, all of the authority and shall be charged with all of the duties and responsibilities of the office for which he was elected.
§ 9. Elections by council, when held, terms, et cetera.
During the month of September, 1974 and during the month of September of every
second year thereafter, the council shall elect a city clerk, a director of
finance, a municipal auditor, and a city attorney, each of whom shall serve for
a term of two years from the first day of October next following the date of
his their election and until his their successor shall have been elected
and qualified. Prior to the first day of September, 1974, the council may
elect a director of finance and a municipal auditor whose terms shall expire on the
last day of September 1974, or at such time thereafter as their successors
shall have been elected and qualified.
No officer elected by the council pursuant to §§ 8, 9 or 21.1 of this charter
shall be more than sixty-five years of age at the time of such election; and any such officer
attaining the age of sixty-five years during any term of office for which he
was elected shall be deemed to have vacated such office upon his sixty-fifth
birthday.
§ 10. Meetings of council generally.
At two o'clock post meridian on the first Monday of July next following each
regular municipal election, or if such day be a city holiday, then on the day
following, the council shall meet at the usual place for holding meetings of
the legislative body of the city, at which time the newly elected councilmen
council members shall assume the duties of their offices.
Thereafter the council shall meet at such times as may be prescribed by ordinance or
resolution, provided, that it shall hold at least two regular meetings each calendar
month, and it shall so order and schedule meetings as to promptly and orderly
attend to the business and legislative affairs of the city. The mayor, any
member of the council, or the city manager, may call special meetings of the
council at any time upon at least twelve hours written notice to the mayor and
each member, served personally or left at his usual place of business or
residence; or such meeting may be held at any time without notice, on call of
the mayor or the city manager provided at least five members of the council
attend such meeting. All meetings of the council shall be public, except where
the public interest may require executive sessions, and any citizen may have
access to the minutes and records thereof at all reasonable times, except where
the public interest may require closed meetings.
§ 11. Penalty of absence from council meetings.
Absence from five consecutive regular meetings shall operate to vacate the seat
of a member of the council, unless the absence is caused by his the member
being incapacitated by sickness or is excused by the council by a resolution setting forth the reason
thereof and entered upon the journal.
§ 12. Legislative procedure generally.
Except in dealing with questions of parliamentary procedure the council shall act only by ordinance or resolution, and all ordinances except ordinances making appropriations, or authorizing the contracting of indebtedness or issuance of bonds or other evidence of debt, shall be confined to one subject, which shall be clearly expressed in the title. Ordinances making appropriations or authorizing the contracting of indebtedness or the issuance of bonds or other obligations and appropriating the money to be raised thereby shall be confined to those subjects respectively.
The enacting clause of all ordinances passed by the council shall be, "be it ordained by the council of the city of Roanoke.” No ordinance, unless it be an emergency measure, shall be passed until it has been read by title at two regular meetings or the requirement of such reading has been dispensed with by the affirmative vote of five-sevenths of the members of the council. Any ordinance introduced and adopted on its first reading at one meeting of the council may be amended and adopted as amended at the next such meeting or subsequent meeting provided that the amendment does not materially change the purpose and character of the proposed ordinance. No ordinance or section thereof shall be revised or amended by its title or section number only, but the new ordinance shall contain the entire ordinance, or section or subsection as revised or amended. The ayes and nays shall be taken upon the passage of all ordinances or resolutions and entered upon the journal of the proceeding of the council and every ordinance or resolution shall require, on final passage, the affirmative vote of a majority of the members. No member shall be excused from voting except on matters involving the consideration of his own official conduct, or where his financial or personal interests are involved.
In authorizing the making of any public improvements, or the acquisition of real estate or any interest therein; or authorizing the contracting of indebtedness or the issuance of bonds or other evidences of indebtedness (except temporary loans in anticipation of taxes or revenue or of the sale of bonds lawfully authorized); or authorizing the sale of any property or rights in property of the city of Roanoke, or granting any public utility franchise, privilege, lease or right of any kind to use public property or easement of any description or any renewal, amendment or extension thereof, the council shall act only by ordinance unless otherwise permitted by law; provided, however, that after any such ordinance shall have taken effect, all subsequent proceedings incidental thereto and providing for the carrying out of the purposes of such ordinance may, except as otherwise provided in this charter, be taken by resolution of the council.
§ 13. Effective date of ordinances and resolutions; emergency measures.
All ordinances passed by the council shall be in effect from and after ten days
from the date of upon their passage, except that council may, by the
affirmative vote of five-sevenths of its members, pass emergency measures to take effect at the
time indicated therein. An emergency measure is an ordinance or resolution
immediately necessary, in the discretion of council, for the preservation of
the public peace, property, health or safety, or providing for the usual daily
operation of the municipal government of or a municipal department, in which
measure the emergency shall be set forth and defined in a preamble thereto, or
in which measure there is contained a statement of such immediate necessity.
Ordinances appropriating money for any such emergency may be passed as
emergency measures, but no measure providing for the sale or lease of city
property, or making a grant, renewal or extension of a franchise or other
special privilege, or regulating the rate to be charged for its service by any
public utility, shall be so passed. All resolutions of the council shall be
effective upon passage.
§ 14. Record, authentication and numbering of ordinances and resolutions; admission of ordinances and resolutions in evidence.
Every ordinance or resolution upon its final passage shall be recorded in a
book kept for the purpose, and shall be authenticated by the signature of the
presiding officer and the city clerk. Lack of authentication of any such
ordinance or resolution by signature of the presiding officer and the city
clerk as provided in the first sentence of this section shall not, of itself,
affect the validity of any such measure heretofore or hereinafter duly adopted by the
council. The city clerk shall assign every ordinance and resolution adopted by the
council a permanent serial number.
A record of entry made by the city clerk or a copy of such record or entry duly
certified by him the city clerk shall be prima facie evidence of the terms of
the ordinance or any amendment thereof and its due publication, or its receipt in quantity as a
printed code of ordinances.
All ordinances and resolutions of the council may be read in evidence in all courts and in all other proceedings in which it may be necessary to refer thereto, either from a copy thereof certified by the clerk or from the volume or code of ordinances printed by authority of the council.
§ 15. General powers and duties of the mayor.
The mayor shall preside at meetings of the council, and perform such duties as
are imposed upon him the mayor by this charter and such other duties consistent
with his the mayor's office as may be imposed by the council. He The mayor
shall be entitled to a vote, but shall possess no veto power. He The
mayor shall be recognized as the official head of the city for all ceremonial
purposes, by the courts for the purpose of serving civil process, and by the governor
for military purposes. He may, as mayor, The mayor may execute all requisite
contracts or other legal instruments in writing for and on behalf of the city and
as such mayor perform all other functions or requirements arising from
federal or State state law, procedure, rules or regulations but these
authorizations shall not be construed as conferring upon him the mayor the
administrative or judicial functions., or other powers or functions, of a
mayor, under the general laws of the State. In time of public dangers or
emergency, he the mayor may, with the consent of the council, take command of
the police and maintain order and enforce the laws, and for this purpose may
deputize such special policemen police as may be necessary. During his the
mayor's absence or disability his the mayor's duties shall be performed by the
vice-mayor of the city.
The powers and the duties of the mayor shall be such as are conferred upon him
the mayor by this charter, together with such others as may be
conferred by the council in pursuance of the provisions of this charter, and no
others.
§ 16. Time of holding municipal elections.
A municipal election shall be held on the first Tuesday in May in nineteen
hundred seventy-two, and every second year thereafter which shall be known as
the regular election for the election of councilmen council members.
§ 17. Method of conducting municipal elections.
The candidates at any regular municipal election for the election of councilmen
council members, equal in number to the places to be filled, who shall receive
the highest number of votes at such election, shall be declared elected to the council,
and the candidate receiving the highest number of votes for the office of mayor shall be
declared elected mayor.
In any such election each elector voter shall be entitled to vote for as many
persons as there are vacancies to be filled, and no more; and no elector voter
shall in such elections cast more than one vote for the same person.
§ 18. Election and terms for Commonwealth's attorney, commissioner of revenue, city treasurer, city sheriff and circuit court clerk.
The attorney for the Commonwealth, commissioner of revenue, city treasurer and
city sheriff elected at the general election held in November of 1973, shall
hold office until their respective terms expire; thereafter, there shall be
elected by the qualified voters of said city, on the Tuesday after the first
Monday in November, 1977 and quadrennially thereafter, the following officers:
one attorney for the Commonwealth, one commissioner of revenue, one city
treasurer, and one city sheriff, who shall hold their offices for the term of
four years from the first day of January ensuing their election and until their
successors are duly elected and qualified. The clerk of the Hustings Court of
the City of Roanoke elected at the general election held in November of 1969, shall
hereafter be and be known as the clerk of the Circuit Court of the City of Roanoke,
and he shall hold office until the term prescribed for such clerks by the
General Assembly of Virginia shall expire; thereafter, there There shall be
elected by the qualified voters of said the city on the Tuesday after the first
Monday in November, 1979, and every eight years thereafter, one clerk of the
Circuit Court of the City of Roanoke, who shall be clerk of all courts of
record in this city, whose term shall begin and end as is now, or may hereafter
be prescribed by the General Assembly of Virginia.
§ 20. The city manager; appointment, qualifications.
The city manager shall be the administrative head of the municipal government.
He The city manager shall be chosen by the council without regard to his or her
political beliefs and solely upon the basis of his executive and administrative
qualifications. The choice shall not be limited to inhabitants of the city or
State. He The city manager shall be appointed for an indefinite period
and shall hold office during the pleasure of the council. He The city manager
shall receive such compensation as shall be provided by the council by
ordinance. He and shall be bonded as the council may deem necessary.
During the absence, disqualification or disability of the city manager the
council may designate some properly qualified person to perform the duties of the office.
§ 21. Powers and duties of city manager.
The city manager shall be responsible to the council for the efficient
administration of all offices of the city. He The city manager shall have the
power, and it shall be his the duty:
(a) To see that all laws and ordinances are enforced.
(b) Subject to the limitations contained in § 7 of this charter and except as otherwise provided in this charter, the city manager or his or her designees shall appoint such city officers and employees as the council shall determine are necessary for the proper administration of the affairs of the city, and the city manager or his or her designees shall have the power to discipline and remove any such officer and employee.
(c) To attend all meetings of the council, with the right to take part in the discussion, but having no vote.
(d) To recommend to the council for adoption such measures as he may deem necessary or expedient.
(e) To make reports to the council from time to time upon the affairs of the city and to keep the council fully advised of the city's financial condition and its future financial needs.
(f) [Repealed.]
(f) To be responsible for the day-to-day operation of the city, and to execute such documents as may be necessary to accomplish the same.
(f1) (g) To appoint in writing a city officer reporting to the city manager as
acting city manager for a time period not to exceed thirty days when the city manager will be absent
from the city.
(f2) (h) To acquire on behalf of the city easements, licenses, permits,
privileges or other rights of any kind to use property for nominal consideration.
(g) (i) To perform such other duties as are prescribed by this charter or as
may be prescribed by the council.
§ 21.1. Deputy and assistant city managers.
The city manager may appoint an a deputy and one or more assistant city manager
managers subject to confirmation by a majority of the members of council. The
deputy and assistant city manager managers shall hold office at the
pleasure of the city manager making the appointment. He They shall be
responsible to the city manager for the administration of all city affairs placed in
his their charge by the city manager or under this charter. During the
absence, disqualification or disability of the city manager, he the deputy or
an assistant city manager shall perform the duties of that office unless the
city manager has designated in writing some other city officer to serve as acting
city manager.
§ 22. Investigations.
The council, the city manager, and any other officer, board or commission authorized by them, or either of them, shall have power to make investigations as to city affairs, and for that purpose to subpoena witnesses, administer oaths, and compel the production of books and papers.
Any person refusing or failing to attend, or to testify or to produce such
books and papers, may by summons issued by such board or officer be summoned
before the Municipal Court general district court of the city by the board or
official making such investigation, and upon failure to give satisfactory explanation of such failure
or refusal, may be fined by a municipal judge not exceeding one hundred dollars
or imprisoned not exceeding thirty days, such person to have the right to appeal to
the Hustings Court circuit court of the city. Any person who shall give
false testimony under oath at any such investigation shall be liable to prosecution for perjury.
§ 23. Creation of departments and department heads; deputies and assistants.
The council may by ordinance provide for administrative departments, and when
such departments are created may define the functions which such departments
are to administer, may provide for the appointment of heads for such
departments and define their duties and responsibilities; and, further, the
council may provide for the city manager's administration of the various departments
under directorates, the heads of which shall be known as directors. In
addition, The council may by ordinance provide for the appointment of one or
more assistants or deputies in the offices of the city attorney, the director
of finance, the municipal auditor and the city clerk and may define their
duties and responsibilities. Such assistants or deputies, when acting in such
official capacity, shall possess all of the power and authority and shall be
subject to all of the duties and responsibilities given to or imposed upon
their respective superiors under this charter.
§ 24. City clerk.
The city clerk shall be elected at the time, in the manner, and for the term
provided by § 9 of this charter. He The city clerk may by and with the consent
of the council appoint one deputy and such number of assistants as may be provided
for by ordinance. He The city clerk shall be the clerk of the council;
shall keep a record of its proceedings, and either he or his the city clerk or
the deputy city clerk shall attend all meetings thereof. He The city clerk
shall keep all books and papers, which by the provisions of this charter
or by direction of the council, are required to be kept by or filed with him
the city clerk. He The city clerk shall be the keeper of the city seal,
and shall affix and attest the same when so directed by the council. He The
city clerk shall transmit copies of all ordinances or resolutions to such
officers and persons as are affected thereby. He The city clerk shall give
information to persons presenting communications or petitions to the council of the final action of
the council thereon. He The city clerk shall, except as otherwise expressly
provided in this chapter, publish or cause to be published, all reports, ordinances, and other
documents required by this charter to be published, and also such other reports as the council may by
ordinance or resolution direct. He The city clerk shall perform such other
duties as are required by this charter, and in general shall perform such acts and duties as the
council shall by ordinance or resolution require of him the city clerk. Any of
the duties of said the city clerk may be performed by his the deputy city
clerk. The city clerk and his deputy city clerk shall receive such
compensation and give such bond as the council may by ordinance provide.
§ 25.1. Director of finance.
The director of finance shall be elected by the council at the time, in the
manner, and for the term provided by § 9 of this charter; provided, however,
that the term of the first director of finance elected hereunder, if elected prior to the
first day of September 1974, shall expire on the last day of September 1974, or
at such time thereafter as his successor shall have been elected and qualified.
(a) The director of finance shall have charge and shall maintain control of the
keeping of all accounts and financial records of the city of Roanoke, in
accordance with generally accepted principles of accounting, wherein shall be
stated, among other things, the appropriations for the year for each distinct
object and branch of expenditures, and also the receipts from each and every
source of revenue, so far as it can be ascertained. All such accounts and
financial records shall be public records, and shall be subject to the
examination of the city manager and members of the city council, or other
person or persons required by order of the city manager or ordinance of the
council to make such examination.
(b) The director of finance shall be charged with and shall exercise a general
fiscal supervision over all the officers, departments, offices, agencies and
employees of the city charged in any manner with the assessment, receipt,
collection or disbursement of the city revenues, and with the collection and
return of such revenues into the city treasury; and he the director shall
prescribe such system and regulation as is necessary for the proper reporting and accounting for all
city revenue revenues and receipts.
(c) The director of finance shall have the power to and shall examine and audit
all accounts, claims and demands for or against the city; and, unless otherwise
provided by law or by this charter, no money shall be drawn from the treasury
or be paid by the city to any person unless the balance due and payable by the
city be first settled and adjusted by the said director of finance.
(d) The director of finance shall draw a warrant check on the treasury for such
money as is determined by him the director to be due and payable to any person,
stating the particular fund or appropriation to which the same is chargeable and the person to whom
payable; and no money shall be drawn from the treasury except on the warrant
check of the director of finance as aforesaid, countersigned by the
city manager. The director of finance is forbidden to issue his warrant a
check for the payment of any money in excess of the appropriation on account of
which such money is drawn.
(e) It shall be the duty of the director of finance to charge all officers in
receipt of revenues or moneys of the city with the whole amount, from time to
time, of such receipts. He The director shall also require of all officers in
receipt of city moneys that they submit reports thereof, with vouchers and
receipts of payment therefor into the city treasury, daily, weekly or monthly,
or at such times as may be otherwise provided by ordinance of the council; and
if any such officer shall neglect to make adjustment of his accounts, when
required, as aforesaid, and to pay over such moneys as received, it shall then
be the duty of said the director of finance to issue notice in writing,
directed to such officer and his such officer's surety or sureties, requiring
him or them within ten days to make settlement of his said or their accounts
with the director of finance, and to pay over the balance of moneys found to be due
and in his or their hands belonging to said the city, according to the
books of said the director of finance; and in case of the refusal or neglect of
such officer to adjust his said accounts or to pay over such balance into the
treasury of the city, as required, it shall be the duty of the director of finance to make
report of the delinquency of such officer to the council, the city manager, the
municipal auditor and the city attorney. For good cause appearing, the city
attorney shall at once take action to have such officer suspended from office,
and shall proceed forthwith to institute the necessary proceedings for the
removal of such officer from office, and shall institute suit in the name of
the city against such officer and his surety or sureties to recover the balance
of moneys so found by the director of finance to be due and in his hands
belonging to said the city.
(f) The director of finance shall prepare an annual statement, promptly after
the end of each fiscal year, giving full and detailed statement of all the
receipts and expenditures during the year, which statement he the director
shall forthwith file with the city manager and he shall lay the same
before the next meeting of the council. When required by the council, such annual
statement shall be certified by independent certified public accountants.
(g) It shall be the duty of the director of finance, each and every month, to
prepare a monthly statement, giving a full and detailed account of all moneys
received, from what sources and on what account received, and of all moneys
ordered to be paid or drawn by warrant check by him the director, and on what
account the same have been paid; and he the director shall deliver said such
statement to the city manager, and shall lay the same before the council at its next meeting.
(h) No contract, agreement or other obligation involving the expenditure of money shall be entered into nor shall any ordinance of the council or order of any officer of the city authorizing the city's obligation for expenditure of money be effective until and unless the director of finance shall have certified in writing that the money required for such contract, agreement, obligation or expenditure is in the city treasury to the credit of the fund from which it is to be drawn, and not appropriated for any other purpose, which certification may be endorsed on or recited in such ordinance, endorsed upon the contract, agreement or other instrument creating such obligation or upon such order, or may be contained in separate certification filed and preserved in the office of the city clerk; provided, however, that requirement of such certification shall not be applicable to the city's execution or issuance of bonds or notes under §§ 47, 48 and 49 of this charter. The sum so certified shall not thereafter be considered unencumbered, until the city is discharged from the contract, agreement or obligation.
(i) For the purpose of the certification required in subsection (h), supra of
this section, all moneys actually in the treasury to the credit of the fund
from which they are to be drawn and all moneys applicable to the payment of the
obligation or appropriation involved that are anticipated to come into the
treasury before the maturity of such contract, agreement or obligation from
taxes, assessments, license fees or from sales of property or of services,
products, or by-products of any city undertaking and all moneys to be derived
from lawfully authorized bonds or from other sources, shall be deemed in the
treasury to the credit of the appropriate fund and subject to such
certification.
(j) Unless otherwise provided in this charter, the director of finance shall have all of the duties, responsibilities, powers and authority heretofore imposed upon or lodged in the city auditor by this charter or by the ordinances and resolutions of the council heretofore or hereafter adopted prior to the council's election of a director of finance.
(k) The director of finance shall have the power and the authority to use any and all collection methods available to the treasurers of the counties and cities under general law to collect delinquent real estate taxes, provided the responsibility for such collection has been transferred to the director of finance by ordinance adopted by city council.
§ 25.2. Municipal auditor.
The municipal auditor shall be elected by the council at the time, in the
manner and for the term provided by § 9 of this Charter; provided, however,
that the term of the municipal auditor first elected hereunder, if elected prior to the
first day of September, 1974, shall expire on the last day of September, 1974, or at such
time thereafter as his successor shall have been elected and qualified.
(a) The municipal auditor shall have such qualifications as the council shall from time to time establish.
(b) It shall be his the duty of the municipal auditor:
(1) To examine and audit all accounts, books and records of the city that
reflect transactions involving financial activities of the city, including those for which
the city has a responsibility as an agent, custodian or trustee, said such
audit to be made in a timely manner or as prescribed by ordinance.
(c) (2) It shall be his duty To work closely with the Director of Finance in
promulgation of systems and procedures employed in the accounting for revenue received and expenditures made by
the city.
(d) (3) When so directed by the council, it shall be his duty to see to
implementation of and to supervise all systems recommended to be established by independent public accountants
making audits for city functions.
(e) (4) It shall be his duty To report to the Council within sixty days after
the close of the fiscal year a summary of the activities of his the auditor's
office during the preceding fiscal year., It shall be his duty and to
report to the council in writing within sixty days after the completion of an
examination of any department, agency or activity of the city, a summary of all
findings resulting from his the auditor's examination. A copy of each audit
report shall be submitted to the council, the city manager and to the department, agency or office
audited.
(f) (5) It shall be his duty To report immediately in writing to the city
manager and to the council any unauthorized, illegal or irregular act or practice
he discovers discovered affecting or involving public funds or the
financial affairs of the city.
(g) (c) In the performance of his aforesaid the auditor's duties, he the
auditor shall have access at any and all times to all books, records and
accounts of each department, office, officer, employee or agency of the city subject
to examination or audit by him the auditor.
(h) (d) Subject to the provisions of § 9 of this charter, he the auditor shall
have power to appoint such assistants and employees as the council shall authorize and appropriate funds to provide for.
(i) (e) The municipal auditor shall devote his full time and effort to
post-audit examinations and reporting and shall receive only such compensation as may be fixed for the position
by ordinance of the council. He The auditor shall not serve in any capacity on
any administrative board, commission, district, or agency of the city, county, or
the State Commonwealth, nor shall he the auditor have a material direct or
indirect financial or other economic or personal interest in the transactions of any officer, department, board,
commission, district, or other organization for which he the auditor is
responsible to audit or cause to be audited. He The auditor shall not be
directly responsible for the collection or any money belonging to the Commonwealth of Virginia, the
city of Roanoke, or other political subdivisions of the State or the city, nor
shall he the auditor be directly responsible for the handling or custody of
state or local public funds. Neither he the auditor nor any member of his the
auditor's staff shall engage in or be associated with any partisan political
activity or hold any other public office.
He The Auditor shall neither conduct nor supervise an audit or post-audit of
any office, department, program or activity of the city of Roanoke for which he
the auditor was responsible or in which he the auditor may have participated or
been employed during any preceding two years. The council shall provide otherwise for any necessary audit or
post-audit of any such office, department, program and activity falling within the proscription of this provision.
The council shall assign to him the auditor no administrative or other duties,
except such as may be incidental to the objectives and functions of post-auditing or such as do not
act to impair the independence of his the auditor's audits.
§ 26. City attorney.
The city attorney shall be elected at the time, in the manner, and for the term
provided by § 9 of this charter. He The city attorney shall be the legal
advisor of and attorney and counsel for the city and the school board of the city and for all officers,
and departments thereof, in matters relating to their official duties. He The
city attorney shall prosecute all suits, actions and proceedings for and on
behalf of the city and the school board of the city, and defend all suits, actions
and proceedings against the same, and shall prepare all contracts, bonds and
other instruments in writing, in which the city or the school board of the city
are interested or concerned, and shall endorse on each his or her approval of
the form and correctness thereof, provided that in the case of bonds to be issued by the
city, it shall be sufficient if he the city attorney certify certifies to the
council his or her approval thereof as to form in a separate writing, to be
filed and preserved with the records of the council.
The council, the city manager, or any officer, board or commission may require the opinion of the city attorney upon any question of law involving their respective powers and duties.
The city attorney shall apply in the name of the city to a court of competent jurisdiction for such injunction or injunctions as may be necessary to restrain and prevent the misapplication of the funds of the city, or the invasion or abuse of its corporate powers, or the usurpation of authority by any city official, or the execution or performance of any contract made in behalf of the city in contravention of law, or which was procured by fraud or corruption.
When an obligation or contract made on behalf of the city granting a right or easement or creating a public duty is being evaded or violated, the city attorney, when directed by council, shall institute and prosecute such suit or suits as may be necessary to enforce the forfeiture thereof, or the specific performance thereof, as the nature of the case may require.
In case any officer, board or commission shall fail to perform any duty required by law, the city attorney shall apply to a court of competent jurisdiction for a writ of mandamus to compel the performance of such duty.
Whenever the city or school board shall purchase or otherwise acquire real
estate or any interest therein, unless other provision is made by the council,
the city attorney shall conduct such title examination as he or she deems
appropriate before the purchase price thereof shall be paid. The said city
attorney shall perform such other duties as may be required of him or her by
ordinance or resolution of the council.
§ 31. Police department.
The police department shall be composed of a superintendent or chief of police
and such officers, patrolmen and other employees as the council may determine. The
superintendent or chief of police shall have the immediate direction and
control of the said department, subject, however, to the supervision of the
city manager and to such rules, regulations and orders as the said city manager
may prescribe. The superintendent or chief of police shall issue all orders,
rules and regulations for the government of the whole department. In case of
the disability of the superintendent or chief of police to perform his duties
by reason of sickness, absence from the city or other cause, the city manager
shall designate some member of the police department to act as superintendent
or chief of police during such disability, and the officer so designated, shall
serve without additional compensation. The members of the police department
shall be appointed and may be removed by the city manager or his the city
manager's designee. The council may by ordinance prescribe rules and
regulations governing the residence or nonresidence of any or all members of the
police department. Each member of the police department, both rank and file,
shall have issued to him a warrant of appointment signed by the city manager, in
which the date of his appointment shall be stated, and such warrant shall be his
commission. Each member of the said department shall, before entering upon the
duties of his office, take and subscribe an oath before the city clerk that he
or she will faithfully without fear or favor perform the duties of his or
her office, and such oath shall be filed with the city clerk and preserved with
the records of his the clerk's office. And in addition, the several officers
of the said department shall, if so required by the council, give bond in such
penalty and with such security as the council may by ordinance prescribe.
No person except as otherwise provided by general law or by this charter shall
act as special police, special detective or other special police officer for
any purpose whatsoever except upon written authority from the city manager.
Such authority, when conferred, shall be exercised only under the direction and
control of the superintendent or chief of police and for a specified time;
provided, however, that the council may from time to time designate the maximum number of
such special police, special detective or other special police officers.
The officers and privates constituting the police department of said the city
shall be, and they are, hereby invested with all of the power and authority
which pertains to the office of constable at common law in taking cognizance of
and in enforcing criminal laws of the state and the ordinances and regulations
of said the city, and it shall be the duty of each such officer and private to
use his or her best endeavors to prevent the commission within the said city of
offenses against the laws of said the State, and against the ordinances and
regulations of said the city; to observe and enforce all such laws, ordinances
and regulations; to detect and arrest offenders against the same; to preserve the
good order of said the city, and to secure the inhabitants thereof from
violence and the property therein from injury. Except as provided by general
law, such policeman officers shall have no power or authority in civil matters,
but shall execute any criminal warrant or warrant of arrest that may be placed in
his their hands by any judge or municipal judge of the city, and shall
make due return thereof.
The manager chief of police shall prescribe the uniforms and badges for the
members of the police department, and direct the manner in which the members of
said the department shall be armed. Any person other than a member of
said department who shall wear such uniform or badge as may be prescribed as
aforesaid, may be subjected to such fine or imprisonment, or both, as may be
prescribed by the council by ordinance.
§ 32. Fire department.
The fire department shall be composed of a chief and such other officers,
firefighters and employees as the council may determine. The fire chief shall
have immediate direction and control of the said department, subject, however,
to the supervision of the city manager, and to such rules and regulations and orders as
the said city manager may prescribe. The city manager shall issue all orders,
rules and regulations for the government of the whole department.
The members of the fire department shall be appointed and removed by the city manager or his or her designee. In case of riot, conflagration or emergency, the city manager or his or her designee may appoint additional firefighters and officers for temporary service.
The chief of the fire department and his the chief's assistants are authorized
to exercise the powers of police officers while going to, attending or returning from any fire or
alarm of fire. The fire chief and each of his assistants shall have issued to
him a warrant of appointment signed by the city manager, in which the date of his
appointment shall be stated, and such warrant shall be his commission. The city
manager fire chief shall prescribe the uniform and badges for the members of
the fire department.
Whenever any building in said the city shall be on fire it shall be lawful for
the chief of the fire department to order and direct such building or any other
building which he that the chief may deem hazardous and likely to
communicate fire to other buildings, or any part of such buildings, to be pulled down or
destroyed; and no action shall be maintained against said the chief or any
person acting under his the chief's authority or against the city therefor.
But any person interested in the property so destroyed may within one year thereafter apply in writing to
the council to assess and pay the damages he has sustained. The council may thereupon pay to the claimant
such sum as may be agreed upon between him and the council. If no agreement be
effected, such claimant may give to the city attorney of said city ten days'
written notice of his intention to apply to the Circuit Court of said city for
the appointment of commissioners to ascertain and assess his said damage. Upon
it appearing that such notice has been given, the Circuit Court of said city
shall appoint five disinterested freeholders, residents of said city, any three
or more of whom may act, for the purpose of ascertaining and assessing the
amount of such damages. Thereupon the said commissioners shall proceed to
ascertain and assess the amount of such damages in the same manner as is now or
may hereafter be provided by law in the case of taking private property for
public use, and the procedure upon the filing of the report of said
commissioners shall conform as nearly as may be to the procedure under the
statutes of Virginia relating to eminent domain.
The council may establish, within the fire department, a rescue squad,
emergency squad or first-aid crew to aid the injured and ill an emergency
medical service.
§ 33. The annual budget.
The city manager, at least sixty days prior to the beginning of each fiscal
year, shall submit to the council a budget for the ensuing fiscal year. It
shall be the duty of the head of each department, the judge of each court, each
board or commission, including the school board, and each other office or
agency supported in whole or in part by the city, including the commissioner of
the revenue, the city treasurer, the sheriff, the attorney for the Commonwealth
and clerk of courts to file with the director of finance by March 15 of each
year estimates of revenue and expenditure for that department, court, board,
commission, office or agency for the ensuing fiscal year. Such estimates shall
be submitted on forms furnished by the director of finance and it shall be the
duty of the head of each such department, judge, board, commission, office or
agency to supply all the information required to be submitted thereon. The
director of finance shall assemble and compile all such estimates and supply
such additional information relating to the financial transactions of the city
as may be necessary and present them to the city manager for the timely
preparation of the budget. The city manager, with the assistance of the
director of finance, shall review the estimates and other data pertinent to the
preparation of the budget and make such revisions in such estimates as he the
city manager may deem proper subject to the laws of the Commonwealth relating
to obligatory expenditures for any purpose, except that in the case of the school
board budget he the city manager may recommend a revision in category totals
only.
The budget submitted to the council shall contain the following:
(a) An itemized statement of the appropriations recommended with comparative statements showing appropriations made for the current and next preceding year.
(b) An itemized statement of the taxes required and of the estimated revenues of the city from all other sources for the ensuing fiscal year, with comparative statements of the taxes and other revenues for the current and next preceding year, and of the increases or decreases estimated or proposed.
(c) A fund statement showing a condition of the various appropriations, the amount of appropriations remaining unencumbered, and the amount of revenues remaining unappropriated.
(d) Explanatory text relative to the conditions, reasons, et cetera, connected
with An explanation of the estimates for the ensuing year; also a work program
showing the undertakings to be begun and those to be completed during the next year and each of
several years in advance.
(e) A statement of the financial condition of the city.
(f) Such other information as may be required by the council.
(g) Such other information as the city manager deems appropriate or advisable.
In no event shall the expenditures recommended by the city manager in the budget exceed the receipts estimated, unless the city manager shall recommend new or increased revenues within the power of the city to levy and collect in the ensuing fiscal year.
The city manager shall submit to the council with the budget a budget message
which shall incorporate the most current statement of the financial condition
of the city, shall be explanatory of explain the budget and shall describe the
its important features of the budget plan. It shall set forth the
reasons for salient changes from the previous year in cost and revenue items.
As a part of the budget message, with relation to the proposed expenditures for
capital projects included in the budget, the city manager shall include a
statement of pending capital projects and proposed new capital projects,
relating the respective amounts proposed to be raised therefor by
appropriations in the budget and the respective amounts, if any, proposed to be
raised therefor by the issuance of bonds during the budget year.
§ 35. Fiscal year; determination of when licenses and taxes payable.
The council may determine when the fiscal year of the city shall begin and end,
and may change the same from time to time. The council may also determine when
city licenses and taxes shall be are payable.
§ 36. Unencumbered balances; money not to be withdrawn or obligations incurred except pursuant to appropriations.
At the close of each fiscal year, or upon the completion or abandonment at any time within the year of any work, improvement, or other object for which a specific appropriation has been made, the unencumbered balance of each appropriation shall revert to the respective fund from which it was appropriated and shall be subject to further appropriation. No money shall be drawn from the treasury of the city nor shall any obligation for the expenditure of money be incurred except pursuant to the appropriations made by the council.
§ 37. City treasurer.
The city treasurer shall be elected at the time, in the manner and for the term
provided in § 18 of this charter. He The treasurer shall give bond in such sum
as the council may prescribe with surety to be approved by the council, conditioned for the faithful
discharge of his the treasurer's official duties in relation to the revenue of
the city, and of such other official duties as may be imposed upon him the
treasurer by this charter and the ordinances of the city. He The treasurer
shall collect and receive all city taxes, levies, assessments, license taxes, rents, school funds,
fees and all other revenues or moneys accruing to the city, except such as
council shall by ordinance make it the duty of some other officer or persons to
collect, and for that purpose shall be vested with any and all powers which are
now or may hereafter be vested in such city treasurer as collector of State
state taxes. He The treasurer shall be the custodian of all public
money of the city, and all other money coming into his hands as city treasurer. The city treasurer shall
keep and preserve such moneys in such banks or trust companies as may be
determined by ordinance or by the provisions of any law applicable thereto, and
may permit securities pledged by the depositories of city funds to be held in
custody by the Federal Reserve Bank of Richmond, Virginia, in accordance with
any operating circular or circulars of such bank. He The treasurer shall
perform such other duties, have such powers and be liable to such penalties as are now or may
hereafter be prescribed by law or ordinance. For such services the city treasurer shall receive such
compensation as the council may from time to time prescribe by ordinance in
conformity with general law.
§ 38. Commissioner of revenue.
The commissioner of the revenue shall be elected at the time, in the manner and
for the term provided in § 18 of this charter. He The commissioner shall give
bond in such sum as the council may by ordinance prescribe, with surety to be approved by the council,
conditioned for the faithful performance of all his the commissioner's duties
under this charter, and under any ordinance of the city. He The commissioner
shall perform such duties not inconsistent with the laws of the State in relation to the
assessment of property and licenses as may be required by the council for the purpose of levying city
taxes and licenses. He The commissioner shall have power to administer such
oaths as may be required by the council in the assessment of license taxes or other taxes for the
city. He The commissioner shall make such reports in regard to the assessment
of both property and licenses, or either, as may be required by the council.
The council may by ordinance require that all tax bills shall be made out by
the commissioner of the revenue and delivered in such manner as said the
ordinance may prescribe. For all such services the said commissioner of
the revenue shall receive such compensation as the council may from time to time prescribe
by ordinance in conformity with general law.
§ 39. Vacancies in the office of city treasurer or commissioner of revenue.
In case of any vacancy in the office of the city treasurer or commissioner of
the revenue, the council shall select a qualified person to fill the office in
which such vacancy occurs for the unexpired term; provided that if the term of
office so filled does not expire for two years or more after the next regular
municipal election for the election of councilmen council members following
such vacancy, and such vacancy occurs in time to permit it, a city treasurer or commissioner of the
revenue, as the case may be, shall then be elected and shall from and after the
date of his qualification succeed such appointee and serve the unexpired term.
§ 40. Contracts for public improvements; purchases.
Any purchase, public work, or improvement, costing more than thirty thousand
dollars $50,000, except as provided in the next succeeding section, shall be
executed by contract. All contracts for more than thirty thousand dollars
$50,000 shall be awarded after public advertisement and competition, as
may be prescribed by general law. The city council shall have the power to
reject any and all bids, and all advertisements shall contain a reservation of
this right.
§ 41. Improvement by direct labor, emergency work.
After bids shall have been advertised for and received for making any public
improvement or doing any public work, the council may authorize the making of
such improvement or doing such work by the direct employment of the necessary
labor and purchase of the necessary materials and supplies on the basis of
detailed estimates submitted by the city manager; provided the probable cost of
such work of improvements as shown by such estimate is less than the bid of the
lowest responsible bidder for the same work improvement; and provided, further,
that the city manager shall certify to the council that in his opinion the cost
of making such improvement or doing such work will not exceed the said such
estimate. Separate accounts shall be kept of all work and improvements so done or made.
In an emergency requiring immediate action, the city manager may make any
purchase or cause any such improvements to be made or other public work to be
done by direct employment of the necessary labor and purchase of the necessary
material and supplies without previously advertising for or receiving bids
therefor. Every such case shall be reported by him the city manager in writing
to the council at its next regular meeting with a statement of the facts constituting such emergency.
Separate accounts shall be kept of all such work; provided that nothing in this or the next
preceding section shall prevent the said city from doing maintenance and repair
work by direct labor and from maintaining a reasonable force of men workforce
for that purpose.
§ 42. Alterations or modifications of contracts.
When it becomes necessary in the prosecution of any work or improvement under
contract to make alterations or modifications of such contract, such
alterations or modifications shall be made on order of the city council.
However, when the amount involved in the proposed alterations or modifications
does not exceed twenty-five thousand dollars, twenty-five percent of the amount
of the contract or $50,000, whichever is greater, such alterations or
modifications may be made on the order of the city manager if the funds
necessary therefor have been appropriated. No such order shall be effective
until the price to be paid for the work and material, or both, and the credits, if
any, to be allowed the city, under the altered or modified contract, shall have been
agreed upon in writing and signed by the contractor and by the city manager.
§ 44. Actions against the city for damages.
No action shall be maintained against the city for injury to any person or
property or for wrongful death alleged to have been sustained by reason of the
negligence of the city or of any officer, agent or employee thereof, unless a
written statement by the claimant, his agent, attorney or representative, of
the nature of the claim and of the time and place at which the injury is
alleged to have occurred or been received, shall have been filed with the city
attorney, or president of council, or with the mayor, or city manager, within
six months after such cause of action shall have accrued, except if the complainant during such
six-month period is able to establish by clear and convincing evidence that due
to the injury sustained for which a claim is asserted that he was physically or
mentally unable to give such notice within the six-month period, then the time
for giving notice shall be tolled until the claimant sufficiently recovers from
said such injury so as to be able to give such notice.
§ 45. Laying out of streets.
No property within the corporate limits of the city of Roanoke or within three
miles of said such limits (or five miles as provided by Article 2, Chapter 23,
of Title 15 of the Code of Virginia, 1950, except as to any lands within the
overlapping boundaries under the jurisdiction of any incorporated town as
defined by said Article), as now or hereafter established, shall be laid out
with streets, alleys or public easements or ways thereon, except in accordance
with such rules, regulations and provisions which may have been or hereafter be
established, from time to time, by ordinance of the city council. To provide
for the proper and orderly development of the city and its environs the council
shall have the power, by ordinance, to make and enforce rules, regulations and
provisions for the laying out of such streets, alleys, public ways or easements
and shall have power to require, by the recordation of plats or otherwise, that
the title to land so laid out shall thereby vest in the said city or in such
county as the land may be situate.
Notwithstanding anything in this section contained, the city shall not be
liable for any accidents or injuries which may occur or be sustained upon any
street, alley, boulevard or way, heretofore or hereafter laid out, until and
unless the said street, alley, boulevard or way shall have been accepted by the
city, and the approval of any plan or plat shall not be taken as an acceptance by
said the city of any street, alley, boulevard, way or public place shown
on such plan or plat.
§ 47. Bond issues; borrowing in anticipation of issuance of bonds.
(a) The council may, in the name and for the use of the city, cause to be
issued bonds for any one or more of the following purposes, namely: To provide
for parks and other recreational purposes, water supply, water works, electric lights or
other lighting system, suitable equipment against fire, or for erecting or improving
bridges, viaducts, school buildings, jails, city halls, fire houses, libraries,
museums, and other public buildings, incinerators, auditoriums, armories,
airports and equipment and furnishings for same; to provide for hospitals and
clinics, a local bus transportation system to operate on regular schedules; grading,
paving, repaving, curbing, or otherwise improving any one or more of the streets or
alleys, or widening existing ones; or to provide for locating, instituting and
maintaining sewers, drains and culverts, or for any other permanent public
improvement; to provide for the acquisition of automobiles, trucks and other
automotive and movable equipment or a revolving fund of not more than five
hundred thousand dollars ($500,000.00) for the establishment of a pool of
automobiles, trucks and other automotive and movable equipment, provided, that
the council shall first establish by ordinance such conditions under which the
respective departments, courts, bureaus, boards, commissions, offices and agencies
of the city shall have the use of such equipment as will recoup the said fund
within the estimated life of each class and type of such equipment; provided
that. No such bonds shall be issued under this charter except by an ordinance
or a resolution adopted by a recorded affirmative vote of a majority of
all members of the council; no such bonds to provide for the acquisition of a
supply of water to said city and its inhabitants, or for other specific undertaking,
from which the city may derive a revenue, as provided in the Constitution of
Virginia and Chapter 358 of the Acts of Assembly of 1918, as amended by Chapter
217 of the Acts of Assembly of 1930, shall be issued except by ordinance
adopted by a majority of all members of council; but such bonds shall not be
irredeemable for a period greater than thirty-five years elected to council.
Any bonds issued under this charter may be dated, may mature at such time or times not exceeding
forty years from their date or dates, may be subject to redemption or
repurchase at such price or prices and under such terms and conditions and may
contain such other provisions, all as determined before their issuance by the
council or in such manner as the council shall provide. Any such bonds may bear
interest payable at such time or times and at such rate or rates as determined
by the council or in such manner as the council may provide, including the
determination by reference to indices or formulas or by agents designated by
the council under guidelines established by it. The council may fix the
denomination or denominations of the bonds and the place or places of payment.
Any such bonds may be issued in registered or book entry form, or in any
combination of such forms, as the council may determine. The council may sell
any bonds authorized under the provisions of this charter in such manner,
either at public or private sale, and for such price as the council may
determine. All proceeds received by the city from the sale of bonds issued
under this charter shall be deposited and invested in accordance with the
provisions of the Public Finance Act of 1991, as from time to time amended.
(b) The council, in its discretion, may require that an ordinance adopted by
the council authorizing the issuance of general obligation bonds, as defined by the Public
Finance Act of 1991, as may from time to time be amended, be approved by the
affirmative vote of the majority of the qualified voters of the city voting on the
question at an election for such purpose to be called, held and conducted in accordance
with an ordinance or a resolution adopted by the council providing for such
election and for giving due publicity to the same and also providing by whom
and how the ballots shall be prepared and return canvassed and the result
certified.
(c) In no case shall the city issue any bonds or other interest-bearing obligations which, including existing indebtedness, shall at any time exceed ten percent of the assessed valuation of the real estate in the city subject to taxation, as shown by the last preceding assessment for taxes. In determining the limitation for the city there shall not be included the classes of indebtedness described in paragraphs (1), (2), (3) and (4) of subsection (a) of Section 10 of Article VII of the Constitution of Virginia.
The said council shall not endorse the bonds of any company whatsoever or make
the city liable therefor.
(d) The said council shall determine the form and the manner of execution of
the bonds, including any interest coupons to be attached thereto. Any bonds
issued under the provisions of this charter and any interest coupons attached
thereto, if so authorized by the said council, may bear or be executed with the
facsimile signature of any official authorized to sign or to execute such bonds
or coupons. In case. If any law shall provide for the sealing of such bonds
with the official or corporate seal of the city or of the said council or any
official thereof, a facsimile of such seal may be imprinted on the bonds if so
authorized by said council, and it shall not be necessary in such case to
impress such seal physically upon such bonds.
In case any officer whose signature or a facsimile of whose signature shall
appear on any bonds or coupons shall cease to be such officer before the
delivery of such bonds, such signature or such facsimile shall nevertheless be
valid and sufficient for all purposes the same as if he such officer had
remained in office until such delivery,. and Any such bond may bear the
facsimile signature of, or may be signed by, such persons as any person who at
the actual time of the execution of such bonds shall be the proper officers
officer to sign such bond although at the date of such bond such
persons person may not have been such officers officer. When all
signatures on bonds are facsimiles, the bonds must be authenticated by an agent
appointed by the council or in such manner as the council may provide.
When all signatures on bonds are facsimiles, the bonds must be authenticated by
an approved agent of the said council.
The said bonds shall be sold by resolution of the council and the proceeds used
under its direction. Every bond issued by the council shall state on its face for
what purpose or purposes it is issued, and the proceeds shall be applied exclusively
to the purpose or purposes for which such bonds are issued.
(e) In anticipation of the issuance of bonds under the provisions of this
section or under the provisions of the Public Finance Act of 1991, as from time to time
amended, and of the receipt of the proceeds of sale of such bonds, the council
may, in the name and for the use of the city, by an ordinance or a resolution
adopted by the council, cause to be borrowed money for the purpose for which such bonds
have been authorized and within the maximum authorized amount of the bond issue.
The Negotiable notes shall be issued for all moneys borrowed in
anticipation of the issuance of bonds under this section or of the Public Finance Act of
1991, as from time to time amended. The ordinance or resolution authorizing
any such borrowing shall specify the maximum rate of interest to be paid by the
city on such loan notes, and each such loan notes shall mature and be paid
within five years from the date of its original issue their original issuance.
Any such notes may be extended or refinanced from time to time, provided that
no note issued upon any such extension or refinancing shall mature later than five
years from the date of the original issuance of such notes. The city may, in
its discretion, retire any such loans by means of current revenues, special
assessments, or other funds, in lieu of retiring them by means of bonds, and
may, thereafter, provide for the issuance of the maximum amount of bonds that
has been authorized without reduction by the amount of such loans retired in
such manner. Negotiable notes shall be issued for all moneys borrowed in
anticipation of the issuance of bonds under this section or of the Public Finance
Act of 1991, as amended, and such notes may be renewed from time to time, but all
such notes shall mature within the time limited by this section. The issuance
of such notes and other details thereof shall be governed by provisions of the
ordinance or the resolution or ordinance of the council authorizing such
borrowing, not inconsistent with the provisions contained in this paragraph
section.
(f) Notwithstanding any other provision of law, the council is authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the city are assessed, levied and collected, a tax upon all taxable property within the city, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the principal of and premium, if any, and interest on any general obligation bonds or notes of the city issued under the provisions of this charter to the extent other funds of the city are not lawfully available and appropriated for such purpose.
(g) All such bonds shall be deemed to be negotiable instruments under the laws of the Commonwealth and are made securities in which public officers and bodies of the Commonwealth, counties, cities and towns and municipal subdivisions of the Commonwealth, insurance companies and associations, savings banks, savings institutions, savings and loan associations, trust companies, beneficial and benevolent associations, administrators, guardians, executors, trustees and other fiduciaries in the Commonwealth may properly and legally invest funds under their control.
§ 51. Lien of taxes.
There shall be a prior lien on all real estate and on each and every interest
therein for the city taxes as assessed thereon, from the commencement of the
year for which they were assessed, and also for all local assessments which may
be made thereon according to law. There shall also be a lien on any land or
premises for the amount of expense incurred by said the city in abating any
nuisance thereon or cutting or removing weeds therefrom, after notice to the owner thereof by
publication or otherwise as may be provided by ordinance; provided, however,
that the lien for the amount of any such local assessment or for the expense of
abating any nuisance or cutting or removing weeds from any premises shall not
be good against a purchaser of land or premises for value without notice except
and until from the time that the same shall be recorded in records or books
kept for that purpose in the office of the city clerk and recorded and indexed
in the office of the clerk of the circuit court in the name of the person or
persons owning such estate or land at the time the said lien accrued. The
council may require such real estate in the city delinquent for the non-payment of taxes,
or assessments or expenses incurred as above provided, to be sold for said
taxes or assessments or expenses, with interest thereon at the maximum
rate authorized by general law of the Commonwealth, and such percentage as may
be prescribed for charges; and the council may regulate the terms on which the
real estate so delinquent may be sold or redeemed.
§ 52. Distraint and sale of goods and chattels for unpaid taxes; payment of taxes by tenants or fiduciaries.
All goods and chattels of any person against whom taxes for the city are
assessed may be distrained and sold for said taxes when due and unpaid in the
same manner and to the same extent that goods and chattels may be distrained and
sold for State state taxes.
A tenant by whom payment is made or from whom payment is obtained, by distress
or otherwise, of taxes or levies due the city, by a person under whom he holds,
shall have credit for the same against such person out of the rents he may owe
him, except when the tenant is bound to pay such taxes and levies by an express
contract with such persons. And where taxes or levies are paid to the city by
any fiduciary on any estate in his hands or for which he may be liable, such
taxes and levies shall be refunded out of the said estate.
§ 53. License taxes.
(a) License taxes may be imposed by ordinance on businesses, trades, professions, and callings and upon the persons, firms, associations and corporations engaged therein and the agent thereof, except in cases where taxation by the localities shall be prohibited by the general law of the State, and nothing herein shall be construed to repeal, or amend any general law of the State with respect to taxation.
(b) The council may require every person, firm or corporation using or
operating a cart, wagon, dray, buggy, motorcycle, automobile, or motor truck,
or other vehicle, on the streets of the city to secure a license and to pay a
tax therefor, whether such vehicle is used or operated for compensation or not.
(c) The council may subject any person, firm or corporation who or which without having obtained a license therefor, shall follow any business, occupation, vocation, trade, pursuit, calling, or shall do any other act for which a license is required by this section, to such fine or penalty as it is authorized to impose for any violation of its laws.
(d) The council may, in its discretion, determine whether or not the commissioner of the revenue shall receive fees for issuing and transferring city licenses, and it may fix the amount of such fees and change the same from time to time; provided, however, that no such fees shall be payable out of the city treasury, but shall be paid by the person obtaining the license or transfer, and such license or transfer may be withheld by the commissioner of the revenue until such fees are paid.
(e) Council may provide by ordinance for revoking any license for failure to comply with conditions upon which same is granted.
§ 54. School board members.
The city of Roanoke shall not be subdivided into school districts, but for the
purpose of the election and qualification of school trustees board members of
the School Board of the City of Roanoke shall be considered as one district.
Seven (7) members shall be elected by council as prescribed by ordinance, and
they and shall serve the city at large.
The members of the school board now in office shall continue until the end of the terms for which they were elected.
§ 56. Powers and duties of the school board.
The school trustees of said board members of the city school board shall be a
body corporate under the name and style of the School Board of the city of
Roanoke, and shall have all of the powers, perform all of the duties and be
subject to all of the limitations now provided, or which may hereafter be
provided by law in regard to school boards of cities and except that all real
estate with the buildings and improvements thereon heretofore or hereafter
purchased with money received from the sale of bonds of this city, appropriated
by the council or received from any other source for the purpose of public
education, shall be the property of the said city of Roanoke, unless such money
so received from any other source be received on other conditions. The school board shall
transmit to the council and to the city director of finance a detailed statement of all
moneys received by said the board or placed to its credit. Separate accounts
shall be kept by the said board of moneys appropriated by the council, and
moneys received from other sources, and every such statement shall show the balance of
each class of funds on hand or under control of said the board as of the date
thereof.
The school board shall on or before March 15 each fiscal year prepare and
submit to the council or its designee for its information in making up its
proposed annual budget a detailed estimate, in such form as said the council or
its designee shall require, of the amount of money required for the conduct of the public schools of
the city for the ensuing fiscal year, with an estimate of the amount of all funds which will probably
be received by said the board for the purpose of public education from sources
other than appropriations by the council.
The council may, at its discretion, by ordinance provide for an audit of the affairs and records of the school board by the municipal auditor or by any other competent person or firm selected by the council.
§ 57. Extraterritorial jurisdiction of the city and general district court.
All courts of record of said city as now constituted and established by law
shall be continued with the same jurisdiction as heretofore.
The city shall have and may exercise all police power granted by general law or this charter with respect to city-owned land and property lying beyond the corporate limits of the city.
The general district court of the city shall have jurisdiction of all offenses
committed within one mile from the corporate limits of the city against its
ordinances prescribing rules and regulations, and penalties for violation of
such rules and regulations, relating to city-owned land and property beyond its
corporate limits. Beyond said such one one-mile limit, the general district
court having criminal jurisdiction in the municipal corporation wherein the offense was committed, or the general district
court of the county wherein such offense was committed shall have jurisdiction
of offenses against the aforesaid ordinances of the city committed more than
one mile from its corporate limits; and appeals may be taken in such cases to
the court of record having jurisdiction in said other municipality, or county.
All fines and costs assessed upon conviction in said such other jurisdictions
shall be paid into the treasury of the county or municipality wherein the offense was committed and
tried.
§ 58. Ownership and custody of books, records, et cetera.
All books, records and documents used by any city officer, or employee,
attorney for the commonwealth, commissioner of the revenue, clerk of court, or
treasurer for this city, in his office or pertaining to his duties shall be
deemed the property of said the city, and the chief officer in charge of such
office shall be responsible therefor. Any such officer or person made by this
section responsible for the keeping of such books, records and documents shall,
within ten days after the end of his term of office, or within ten days after
the date of his resignation or removal from office, as the case may be, deliver
to his successor or the city clerk, as may be proper, all such records and
documents. Any such officer or person failing to deliver such books, records
or documents, as required by this section, shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be fined not less than one
hundred dollars nor more than five hundred dollars, or imprisoned not exceeding
six months, or both, in the discretion of the court or jury before whom the
case is tried.
§ 59. Qualification of members of the council and other officials.
The members of the council before entering upon the duties of their respective
offices shall each take the oaths prescribed by the laws of this State for
State state officers. Such oaths may be administered by any judge of a
court of record within said the city, and the certificate thereof shall be
filed with the city clerk and entered upon the journal of the council. Every other person elected or
appointed to any office under this charter or under any ordinance of the
council, except clerks and laborers, shall before entering upon the duties
of his office take and subscribe said oaths together with such other oaths as
may be required by ordinance, before any person authorized to administer an
oath, and the certificate of the same shall be filed in the office of said the
city clerk. The clerk of the circuit court of said the city shall notify
all persons elected by the people under this charter of their election, and the city clerk shall
notify all persons elected by the council of their election. If any person elected to any office in
the said city shall after receiving notice of election fail to take such oaths
and give such bonds, with surety, as may be required by law or ordinance, he shall be
considered as having declined said such office, and the same shall be deemed
vacant, and such vacancy shall be filled according to the provisions of this charter.
§ 60. Bonds of officers and employees.
Except in the case of officers whose bonds are specially provided for by this
charter, the council in fixing the salary of any officer, clerk or employee of
the city, shall determine whether such officer, clerk or employee shall give
bond and the amount or penalty thereof. All officers required by this charter
to give bond, and all officers, clerks and employees of whom bond is required
by the council shall, before entering upon their respective duties, give bond
with surety to be approved by the council, conditioned for the faithful
performance of the duties of their respective offices, which bond, unless
otherwise specially provided by this charter, shall be payable to the said
city, and in such penalty as the council may by ordinance prescribe. The
council shall accept as surety on any such official bond only a good solvent
surety or fidelity company authorized to do business in this State. The
council may provide that the premium on any such bond shall be paid by the
city. The sureties on the bond of any such officer shall be equally liable for
the acts of any deputy or deputies of such officer as for those of such officer
himself. Unless otherwise specially provided in this charter, all such bonds
shall be filed with and preserved by the city clerk. The parties to bonds
taken in pursuance of this section shall be subject to the same proceedings on
said such bonds for enforcing the conditions and terms thereof by motion
or otherwise before the circuit court of said the city, as are now or may
hereafter be provided by law in the case of collectors of the county levy and the sureties on their
bonds for enforcing payment of the county levies.
§ 62. Zoning.
(1) (a) For the promotion of health, safety, morals, comfort, prosperity, or
general welfare of the general public, the council of the City of Roanoke may,
by ordinance, divide the area of the city into one or more districts of such shape and
area as may be deemed best suited to carry out the purposes of this act, and in such
district or districts may establish, set back building lines, regulate and
restrict the location, erection, construction, reconstruction, alteration,
repair or use of buildings and other structures, their height, area and bulk,
and percentage of lot to be occupied by buildings or other structures, the size
of yards, courts and other open spaces, and the trade, industry, residence and
other specific uses of the premises in such district or districts. Any
ordinance enacted under the authority of this act may exempt from the operation
thereof any building or structure used or to be used by a public service
corporation (not otherwise exempted) as to which proof shall be presented to
the board of zoning appeals city that the exemption of such building or
structure is reasonably necessary for the convenience or welfare of the public.
(2) (b) All such regulations shall be uniform for each class or kind of
buildings throughout each district, but the regulations in one district may differ from those in
other districts.
(3) (c) Such regulations shall be made in accordance with a comprehensive plan,
and designed to lessen congestion in the streets, to secure safety from fire, panic and other
dangers, to promote health and the general welfare; to provide adequate light and air; to prevent the
overcrowding of land; to avoid undue concentration of population; to facilitate
the adequate provision of transportation, water, sewerage, schools, parks, and
other public requirements. Such regulations shall be made with reasonable
consideration among other things, to the character of the district and its
peculiar suitability for particular uses, and with a view to conserving the
value of buildings and encouraging the most appropriate use of land throughout
the city.
(4) (d) The council of the City of Roanoke shall provide for the manner in
which such regulations and restrictions and the boundaries of such districts shall be determined, established
and enforced, and from time to time amended, supplemented or changed. However, no such regulation, restriction
or boundary shall become effective until after a public hearing in relation
thereto, conducted in conformity with state law, at which parties in interest
and citizens shall have an opportunity to be heard. At least fifteen days
notice of the time and place of such hearing shall be published in a paper of
general circulation in said city, or in a city official bulletin as provided in
§ 43 of this charter.
(5) (e) Such regulation, restrictions, and boundaries may from time to time be
amended, supplemented, changed, modified, or repealed. In case, however, of a
protest against such change signed by the owners of twenty percent or more either of
the area of the lots included in each proposed change, or of those immediately
adjacent in the rear thereof, or of those directly opposite thereto, such
amendment shall not become effective except by the favorable vote of
five-sevenths of all the members of the council. The provisions of the
previous section relative to public hearings and official notice shall apply
equally to all changes or amendments.
(5.1) (f) In order to facilitate the creation of a convenient, attractive and
harmonious community, the council of the City of Roanoke may, after
recommendation from the planning commission and public notice and hearing pursuant
to § 15.1-431 state law, establish design overlay districts to encourage
compatible development in areas of the city identified on an adopted comprehensive plan as having
historic value or unique architectural value and located within an area designated on an adopted plan
for conservation, rehabilitation or redevelopment. In such areas, city council
shall adopt specific standards as to new construction or rehabilitation within
view from public streets and provide for a design review process. City council
may establish a fee applicable to such design review process which shall not
exceed the actual cost of such review process or $200.00, whichever is less.
(6) (g) The council of the City of Roanoke shall appoint a commission to be
known as the planning commission to recommend the boundaries of the various
original districts and appropriate regulations to be enforced therein. Such
commission shall make a preliminary report or reports and hold public hearings
thereon before submitting its final report, and the council of the City of
Roanoke shall take such action on said preliminary report or reports, and also
on the final report of the commission, as it shall deem necessary.
(7) The council of the City of Roanoke may appoint a board of zoning appeals,
and in the regulations and restrictions adopted pursuant to the authority of
this act may provide that the said board of zoning appeals may, in appropriate
cases and subject to appropriate conditions and safeguards, vary the
application of the terms of the ordinance in harmony with its general purpose
and intent and in accordance with general or specific rules therein contained.
(8) The board of zoning appeals shall consist of five members, each to be
appointed for a term of three years and removable for cause by the appointing
authority, upon written charges and after public hearing. The preceding
sentence notwithstanding, at the expiration of the terms of the members serving
on the board of zoning appeals as of January 1, 1991, two members shall be
appointed for terms of three years each, two members shall be appointed for
terms of two years each, and one member shall be appointed for a term of one
year. Thereafter, all members shall be appointed for terms of three years
each. Vacancies shall be filled for the unexpired term of any member whose
term becomes vacant.
(9) The board shall adopt rules in accordance with the provisions of any
ordinance adopted pursuant to this act. Meetings of the board shall be held at the
call of the chairman and such other times as the board may determine. Such
chairman, or in his absence, the acting chairman, may administer oaths and
compel the attendance of witnesses. All meetings of the board shall be open to
the public. The board shall keep minutes of its proceedings showing the vote
of each member upon each question, or if absent or failing to vote, indicating
such fact, and shall keep records of its examinations and other official
actions, all of which shall be immediately filed in the office of the board,
and shall be a public record.
(10) Appeals to the board of zoning appeals may be taken by any person
aggrieved or by any officer, department, board or bureau of the city affected by any
decision of the administrative officer. Such appeal shall be taken within a
reasonable time as provided by the rules of the board by filing with the
officer from whom the appeal is taken and with the board of zoning appeals a
notice of appeal specifying the grounds thereof. The officer from whom the
appeal is taken shall forthwith transmit to the board all papers constituting
the record upon which the action appealed from was taken.
(11) An appeal stays all proceedings in furtherance of the action appealed
from, unless the officer from whom the appeal is taken certifies to the board of
zoning appeals after the notice of appeal shall have been filed with him that
by reason of facts stated in the certificate a stay would, in his opinion,
cause imminent peril to life or property. In such case proceedings shall not
be stayed otherwise than by a restraining order which may be granted by the
board of zoning appeals or by a court of record on application, and notice to
the officer from whom the appeal is taken and on due cause shown.
(12) The board of zoning appeals shall fix a reasonable time for the hearing of
the appeal, give public notice thereof, as well as due notice to the parties in
interest, and decide the same within a reasonable time. Upon the hearing any
party may appear in person or by agent or by attorney.
(13) The board of zoning appeals shall have the following powers:
(a) To hear and decide appeals where it is alleged there is error in any order,
requirement, decision, or determination made by administrative officials in the
enforcement of this act or of any ordinance adopted pursuant thereto.
(b) To hear and decide special exceptions to the terms of the ordinance upon
which such board is required to pass under such ordinance.
(c) To authorize upon appeal in specific cases such variance from the terms of
the ordinance as will not be contrary to the public interest where owing to
special conditions a literal enforcement of the provisions of the ordinance
will result in unnecessary hardship, and so that the spirit of the ordinance
shall be observed and substantial justice done.
(14) In exercising the above-mentioned powers such board may, in conformity
with the provisions of this act, reverse or affirm, wholly or partly, or may modify
the order, requirement, decision or determination appealed from and may make such
order, requirement, decision or determination as ought to be made, and to that
end shall have all the powers of the officer from whom the appeal is taken.
(15) The concurring vote of three members of the board shall be necessary to
reverse any order, requirement, decision or determination of any such
administrative official, or to decide in favor of the applicant on any matter
upon which it is required to pass under any such ordinance or to effect any
variation in such ordinance.
(16) Any person or persons, jointly or severally, aggrieved by any decision of
the board of zoning appeals, or any officer, department, board or bureau of the
municipality, may present to a court of record of the City of Roanoke a petition,
duly verified, setting forth that such decision is illegal, in whole or in
part, specifying the grounds of the illegality. Such petition shall be
presented to the court within thirty days after the filing of the decision in
the office of the board.
(17) Upon the presentation of such petition, the court may allow a writ of
certiorari directed to the board of zoning appeals to review such decision of
the board of zoning appeals and shall prescribe therein the time within which a
return thereto must be made and served upon the relator's attorney, which shall
not be less than ten days and may be extended by the court. The allowance of
the writ shall not stay proceedings upon the decision appealed from, but the
court may, on application, on notice to the board and on due cause shown, grant
a restraining order.
(18) The board of zoning appeals shall not be required to return the original
papers acted upon by it, but it shall be sufficient to return certified or sworn
copies thereof or of such portions thereof as may be called for by such writ. The
return shall concisely set forth such other facts as may be pertinent and
material to show the grounds of the decision appealed from and shall be
verified.
(19) If, upon the hearing, it shall appear to the court that testimony is
necessary for the proper disposition of the matter, it may take evidence or
appoint a commissioner to take such evidence as it may direct and report the
same to the court with his findings of fact and conclusions of law, which shall
constitute a part of the proceeding upon which the determination of the court
shall be made. The court may reverse or affirm, wholly or partly, or may modify
the decision brought up for review.
(20) Costs shall not be allowed against the board, unless it shall appear to
the court that it acted with gross negligence or in bad faith or with malice in
making the decision appealed from.
(21) All issues in any proceeding under this section shall have preference over
all other civil actions and proceedings, except where otherwise provided by general
law.
(22) (h) In case any building or structure is erected, constructed,
reconstructed, altered, repaired, or converted; or any building, structure or land is used in
violation of this act or of any ordinance or other regulation made under authority conferred hereby,
the proper authorities of the city, in addition to other remedies, may
institute any appropriate action or proceeding to prevent such unlawful
erection, construction, reconstruction, alteration, repair, conversion, to
restrain, correct or abate such violation, to prevent the occupancy of said
such building, structure or land, or to prevent any illegal act,
conduct, business or use in or about such premises.
(23) (i) Said Such regulations shall be enforced by the division of building
inspection which is empowered to cause any building, structure, place or
premises to be inspected and examined and to order in writing the remedying of
any condition found to exist therein or thereat in violation of any provision
of the regulations made under authority of this or the preceding paragraph. The
owner or general agent of the building or premises where a violation of any
provision of said such regulations has been committed or shall exist, or the
lessee or tenant of an entire building or entire premises where such violation has been committed or
shall exist, or the owner, general agent, lessee or tenant of any part of the
building or premises in which such violation has been committed or shall exist,
or the general agent, architect, builder, contractor or any other person who
commits, takes part or assists in any such violation or who maintains any
building or premises in which any such violations shall exist shall be guilty
of a misdemeanor, punishable by a fine of not less than $10.00 nor more than
$1000.00 as permitted by state law. In any case of the existence of a
violation of any provision of said such regulations the owner, lessee, tenant
or agent shall be subject to a civil penalty of $50.00 as permitted by state
law. Any such person who having been served with an order to remove any such
violation, shall fail to comply with said order within ten days after such
service or shall continue to violate any provisions of the said regulations in
the respect named in such order shall also be subject to a civil penalty of
$250.00.
(24) The council of the City of Roanoke shall appoint an Architectural Review
Board. Such Board may be authorized to delegate to an agent its authority to issue
any certificate of appropriateness. The agent, pursuant to such delegation, shall
act only upon an application completed pursuant to the applicable city
ordinance, and shall apply the same guidelines and review standards applicable
to the Board. Any person aggrieved by any decision of the agent made pursuant
to this delegation may appeal to the Board within a reasonable time as provided
by city ordinance by filing with the Board a notice of appeal specifying the
grounds thereof. A decision of the Board may be appealed to the city council
and thereafter to the circuit court pursuant to § 15.1-503.2 of the Code of
Virginia.
§ 62.01. Board of Zoning Appeals.
(a) The council may appoint a board of zoning appeals, and in the regulations and restrictions adopted pursuant to the authority of this act may provide that the board of zoning appeals may, in appropriate cases and subject to appropriate conditions and safeguards, vary the application of the terms of the ordinance in harmony with its general purpose and intent and in accordance with general or specific rules therein contained.
(b) The board of zoning appeals shall consist of seven members, each to be appointed for a term of three years and removable for cause by the council, upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.
(c) The board shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to this act. Meetings of the board shall be held at the call of the chairman and such other times as the board may determine. Such chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board, and shall be a public record.
(d) Appeals to the board of zoning appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the city affected by any decision of the administrative officer. Such appeal shall be taken in the manner provided by state law by filing with the officer from whom the appeal is taken and with the board of zoning appeals a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken.
(e) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of zoning appeals after the notice of appeal shall have been filed that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the board of zoning appeals or by a court of record on application therefor, following notice to the officer from whom the appeal is taken and on due cause shown.
(f) The board of zoning appeals shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.
(g) The board of zoning appeals shall have the following powers:
(1) To hear and decide appeals from any order, requirement, decision, or determination made by an administrative official in the administrative enforcement of this charter or of any ordinance adopted pursuant thereto.
(2) To hear and decide special exceptions to the terms of the ordinance upon which such board is required to pass under such ordinance.
(3) To authorize upon appeal in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, provided that the spirit of the ordinance shall be observed and substantial justice done.
(h) In exercising the above-mentioned powers such board may, in conformity with the provisions of this act, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.
(i) The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance or to effect any variation in such ordinance.
(j) Any person or persons, jointly or severally, aggrieved by any decision of the board of zoning appeals, or any officer, department, board or bureau of the municipality, may present to a court of record of the city a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty days after the filing of the decision in the office of the board.
(k) Upon the presentation of such petition, the court may allow a writ of certiorari directed to the board of zoning appeals to review such decision of the board of zoning appeals and shall prescribe therein the time within which a return thereto must be made and served upon the relator's attorney, which shall not be less than ten days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board and on due cause shown, grant a restraining order.
(l) The board of zoning appeals shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.
(m) If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a commissioner to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceeding upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.
(n) Costs shall not be allowed against the board, unless it shall appear to the court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from.
(o) All issues in any proceeding under this section shall have preference over all other civil actions and proceedings, except where otherwise provided by general law.
§ 62.02. Architectural Review Board.
The council shall appoint an Architectural Review Board. Such board may be authorized to delegate to an agent its authority to issue any certificate of appropriateness. The agent, pursuant to such delegation, shall act only upon an application completed pursuant to the applicable city ordinance, and shall apply the same guidelines and review standards applicable to the board. Any person aggrieved by any decision of the agent made pursuant to this delegation may appeal to the board within a reasonable time as provided by city ordinance by filing with the board a notice of appeal specifying the grounds thereof. A decision of the board may be appealed to the city council and thereafter to the circuit court pursuant to the provisions of the Code of Virginia.
§ 62.1. Authority of city council to impose civil penalties for wrongful demolition of historic buildings.
1. (a) Notwithstanding the provisions of any state law which authorizes civil
penalties for the violation of a local zoning ordinance, the city council of
the City of Roanoke may adopt an ordinance which establishes a civil penalty
for the demolition, razing or moving of a building or structure without
obtaining any required demolition permit and certificate of appropriateness
when such building or structure is located within any historic zoning district
of the city. The penalty established by the ordinance shall be imposed on the
party deemed by the court to be responsible for the violation and shall not
exceed twice the fair market value of the building or structure, as determined
by the city real estate tax assessment at the time of the demolition.
2. (b) An action seeking the imposition of such a penalty shall be instituted
by petition filed by the city in circuit court, which shall be tried in the same manner as any action
at law. It shall be the burden of the city to show the liability of the
violator by a preponderance of the evidence. An admission of liability or
finding of liability shall not be a criminal conviction for any purpose. The
filing of any action pursuant to this section shall preclude a criminal
prosecution for the same offense, except where the demolition, razing or moving
has resulted in personal injury.
3. (c) The defendant, within twenty-one days after the filing of the petition,
may file an answer and, without admitting liability, agree to restore the building or structure as it
existed prior to demolition. If the restoration is completed within the time
agreed upon by the parties, or as established by the court, the petition shall
be dismissed from the court's docket.
4. (d) Nothing in this section shall preclude any other action by the zoning
administrator under § 15.1-491 (d) of the Code of Virginia or by the city,
under § 15.1-499 of the Code of Virginia, as authorized by law, either by
separate action or as a part of the petition seeking a civil penalty.
§ 63. Power to appoint boards or commissions of citizens.
The council may provide for the appointment of boards or commissions, to be composed of such number of citizens as the council may deem expedient to act in an advisory capacity in conjunction with any one or more of the officers of the city. The members of all such commissions shall serve without compensation, unless otherwise provided by law.
§ 65. Pensions, relief and retirement funds.
The council shall maintain and preserve the systems for the pension, relief
and/or retirement of employees of the city existent on the effective date of
this charter and none of the privileges and benefits provided for or available
to the members of such systems shall be curtailed or lessened; provided,
however, that the council shall, from time to time, by ordinance, make such
reasonable changes in said such systems as will keep them actuarially sound and
may, likewise, increase the privileges and benefits provided for or available thereunder to the
members thereof; and provided, further, that the council may, at any time,
limit the operation of such systems to those employees who are members thereof
on the effective date of such limitation.
The council of said the city shall continue to have authority to establish and
maintain a fund or funds for the pension, relief and/or retirement of persons
in the service of the city; to receive gifts, devises and bequests of money or
property for the benefit of such fund or funds; to make contributions of public
moneys thereto on such terms and conditions as it may see fit; and to make
rules and regulations for the management, investment and administration of such
fund or funds not inconsistent with this charter.
In addition, the council shall have authority, by ordinance, to provide for the participation of the city and its employees, the employees of the school board and the employees of any board or commission established by the council, in any welfare, relief, retirement, or security program established by the Congress of the United States or by the General Assembly of Virginia.
The council may, in its discretion, provide for participation in any pension or retirement fund by any deputies or employees of the commissioner of the revenue, treasurer, Commonwealth's attorney, the clerk of courts or city sergeant, whose salaries are paid in whole or in part by the city, and allow them to participate in any such welfare, relief, retirement or security program.
§ 66. General laws to apply.
All general laws of the State applicable to municipal corporations now in
existence or hereafter enacted and which are not in conflict with the
provisions of this charter or with ordinances or resolutions hereafter enacted
by the council pursuant to authority conferred by this charter shall be
applicable to the said city; provided, however, that nothing contained in this
charter shall be construed as limiting the power of the council to enact any ordinance or
resolution not in conflict with the Constitution of the State or with the express
provisions of this charter.
§ 67. Attorney for Commonwealth to prosecute violations of ordinances.
The said attorney for the Commonwealth shall prosecute the violations of all
city ordinances, both in the general district court and upon appeal, and shall notify the
city attorney in all such prosecutions in which the validity of a city
ordinance is attacked.
§ 72. Partial invalidity.
If any clause, sentence, paragraph, or part of this Act charter shall for any
reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not
affect, impair or invalidate the remainder of said Act the charter, but shall
be confined in its operations to the clause, sentence, paragraph, or part thereof directly involved
in the controversy in which such judgment shall have been rendered.
2. That § 27.1, § 29, as amended, § 48, § 49, as amended, and § 55 of Chapter 216 of the Acts of Assembly of 1952 are repealed.