NOVEMBER 22, 1976
MINUTES OF THE HONORABLE CITY COUNCIL
OF THE
CITY OF VIRGINIA BEACti, VIRGINIA
November 22, 1976
The regular meeting of the Council of the City of Virginia Beach,
Virginia, was called to order by Mayor Clarence A. Holland, in the
Conference Room, in the Administration Building, Princess Anne
Borough, on Monday, November 22, 1976, at 12:30 p.m.
Council Members present: John A. Baum, George R. Ferrell, John
R. Griffin, Mayor Clarence A. Holland, J. Henry NIcCoy, Jr., Meyera
E. Oberndorf, R. L. Riggs, and Vice Mayor Patrick L. Standing
Council Members absent: Robert B. Cromwell, Jr.* J. Curtis Payne,
and Floyd E. IVaterfield, Jr.
ITEM #10242
@,layor liolland entertained a motion to permit the Council to conduct
an informal discussion to be followed by an Executive Session for
the purpose of discussing disposal of real property and legal matters.
On motion by Councilman Ferrell, seconded by Councilman Riggs, and
by recorded vote as follows:
Ayes: Council Members John A. Baum, George R. Ferrell, John R.
Griffin, Mayor Clarence A. Holland, J. lienry McCoy, Jr., I'leyera
E. Oberndorf, R. L. Riggs, and Vice Mayor Patrick L. Standing
Nays: None
Absent: Councilmen Robert B. Cromwell, Jr., J. Curtis Payne, and
Floyd E. Waterfield, Jr.
City Council voted to proceed into Executive Session following the
informal discussion.
*Councilman Cromwell entered meeting at 12:45 p.m.
ITE'4 #10243
At 2:00 p.m., City Council reconvened in the Council Chambers with
the following Council Members present:
John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R.
Griffin, @layor Clarence A. Holland, J. lienry @IcCoy, Jr., Nleyera E.
Oberndorf, R. L. Riggs, and Vice Mayor Patrick L. Standing
Council Members absent: J. Curtis Payne and Floyd E. Waterfield, Jr.
Tlie invocation was given by the Reverend Robert Rose, Community
Metliodist Church, followed by the Pledge of Allegiance.
ITEM #10244
On motion by Councilman Ferrell, seconded by Councilwoman Oberndorf,
and by recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
George R. Ferrell, Jolin R. Griffin, Mayor Clarence A. Holland,
J. Henry McCoy, Jr., Meyera E. Oberndorf, R. L. Riggs, and
Vice Mayor Patrick L. Standing
Nays: None
Absent: Councilmen J. Curtis Payne and Floyd E. Waterfield, Jr.
City Council voted to approve the minutes of the regular Tneeting of
November 15, 1976, and dispensed with the reading of said minutes
inasmuch as each Council Member had a copy of the subject mintites.
ITEM #10245
On motion by Councilman McCoy, seconded by Councilman Cromwell, and
by recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
George R. Ferrell, Jolin R. Griffin, @layor Clarence A. Holland,
J. Henry McCoy, Jr., Meyera E. Oberndorf, R. L. Riggs, and
Vice Nlayor Patrick L. Standiiig
Nays: None
Absent: Councilmen J. Curtis Payne and Floyd E. Waterfield, Jr.
City Council approved tlie following ordinance to amend and reordain
Sections 22-38, 22-42, 22-104, 22-127, 22-128 and 22-210.1 of
Chapter 22 of the Code of the City of Virginia Beacli, Virginia,
pertaiiiiiig to Motor Vehicles:
AN ORDINANCE TO AMEND AND REORDAIN SECTIONS
22-38, 22-42, 22-104, 22-127, 22-128 AND 22-210.1
OF CHAPTER 22 OF THE CODE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, PERTAINING TO MOTOR
VEHICLES.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Sections 22-38, 22-42, 22-104, 22-127, 22-128 and 22-210.1
of Chapter 22 of the Code of the City of Virginia Beach, Virginia, be amended and
reordained as follows:
Section 22-38. Compliance with chapter; penalty for violation of chapter.
It shall be unlawful for any person to violate or refuse, fai'l or neglect
tO comply with any of the provisions of this chapter and unless otherwise stated,
such violations shall be as follows:
(a) The first such violation shall constitute a class 4 misdemeanor;
(b) The second such violation within one year shall constitute a
class 3 misdemeanor;
(c) The third, or subsequent, violation within one year shall con-
stitute a class 2 misdemeanor.
Section 22-42. Drivers to obey signs.
The driver of a motor vehicle, trailer or semitrailer shall stop, slow
down or regulate the speed of such motor vehicle, trailer or semitrailer in accord
with the requirements of road signs, signals, markings or lights erected upon the
authority of the state highway commission, proper agencies of the federal government
or the city manager.
No provision of this section relating to the prohibition of disobeying
road signs or violating local traffic signals, Markings and lights shall be en-
forced against an alleged violator if, at the time and Place of the alleged
violation, any such sign, signal, marking or light is not in proper position and
sufficiently legible to be seen by an ordinarily observant person.
The failure of such driver to obey such signs, signals, markings or lights
or to comply with the provisions of this section shall constitute a class 2 mi-
blinking or alternating red light, the driver of every other vehicle shall imediately
drive the same to a position as near as possible and parallel to the right-hand edge
or curb, clear of any intersection of highways, and shall stop and remain in such
position unless otherwise directed by a police or traffic officer until such vehicle
shall have passed. This provision shall not operate to relieve the driver of any
such vehicle from the duty to drive with due regard for the safety of all persons
using the highway, nor shall it protect the driver of any such vehicle from the
consequences of an arbitrary exercise of such right of way.
Violation of this section shall constitute failure to yield the right-of-way.
Section 22-128. Exemption of police officers and others from regulations in certain
emergencies.
(a) The operator of (1) any police vehicle operated by or under the
direction of a police officer in the chase or apprehension of violators of the law
or persons charged with or suspected of any such violation, or in response to an
, (2) any vehicle used for the purpose of fighting fires, including
publicly owned State forest warden vehicle not to exceed two hundred in number,
when traveling in response to a fire alarm or emergency call, (3) any vehicle owned
by a political subdivision of the Commonwealth for rescue purposes when traveling
in response to a fire alarm or an emergency call, or (4) any ambulance or rescue or
life-saving vehicle designed or utilized for the principal purposes of supplying
resuscitation or emergency relief where human life is endangered, whether such
vehicle is publicly owned or operated by a nonprofit corporation or association,
when such vehicle is being used in the performance of public services, and when
such vehicle is operated under emergency conditions, may, without subjecting him-
self to criminal prosecution:
(1) Proceed past red signal, light, stop sign or device indicating moving
traffic shall stop if the speed and movement of the vehicle is reduced and controlled
so that it can pass a signal, light or device with due regard to the safety of
persons and property.
(2) Park or stand notwithstanding the provisions of this chapter.
(3) Disregard regulations governing a direction of movement of vehicles
turning in specified directions so long as the operator does not endanger life or
property.
-3-
Section 22-104. Speed limits; not applicable to certain vehicles under certain
circumstances.
(a) The speed limitations set forth in this chapter shall not apply to
vehicles when operated with due regard for safety under the direction of the police
in the chase or apprehension of violators of the law, or of persons charged with or
suspected of any such violations, or in retponse to emergency calls, or in testing
the accuracy of speedometers on police vehicles, or in testing the accuracy of the
radio microwave or other electrical devices specified in section 46.1-198, Code of
Virginia, 1950 as amended, nor to fire department vehicles when traveling in response
to a fire alarm or pulmotor call, nor to ambulances when traveling in emergencies
outside the corporate limits of the city.
(b) These exemptions,hereinbefore granted to such moving vehicle, shall
apply only when the operator of such vehicle displays a flashing, blinking or
alternating red light and sounds a siren, bell, exhause whistle, or air horn
designed to give automatically intermittent signals, as may be reasonably necessary,
and, only when there is in force and effect for such vehicle standard automobile
liability insurance covering injury or death to any one person in the sum of at
least one hundred thousand dollars in any one accident, and subject to the limit
for one person, to a limit of three hundred thousand dollars because of bodily
injury to or death of two or more persons in any one accident, and to a limit of
ten thousand dollars because of injury to or destruction of property of others in
any one accident. Such exemptions shall not, however, protect the operator of any
such vehicle from criminal prosecution for conduct constituting reckless disregard
for the safety of persons and property. Nothing in this section shall be construed
to release the operator of any such vehicle from civil liability for failure to use
reasonable care in such operation.
Section 22-127. Conduct required of driver of vehicle upon approach of police or
fire department vehicle, etc.
Upon the approach of any police vehicle, fire department vehicle, vehicle
owned or operated by a member of a volunteer fire company, rescue vehicle or
ambulance while giving audible signal by siren, exhaust whistle, or air horn
designed to give automatically intermittent signals, and displayihg a flashing,
-2-
(4) Pass or overtake, with due regard to the safety of persons and property,
another vehicle at any intersection.
(b) These exemptions, hereinbefore granted to such a moving vehicle, shall
apply only when the operator of such vehicle displays a flashing, blinking or alternat-
ing red light, and sounds a siren, exhaust whistle, or air horn designed to give
automatically intermittent signals, as may be reasonably necessary, and, only when
there is in force and effect for such vehicle standard automobile liability insurance
covering injury or death to any person in the sum of at least one hundred thousand
dollars because of bodily injury to or death of one person in any one accident, and
subject to the limit for one person, to a limit of three hundred thousand dollars
because of bodily injury to or death of two or more persons in any one accident, and
to a limit of ten thousand dollars because of injury to or destruction of property
of others in any one accident. Such exemptions shall not, however, protect the
operator of any such vehicle from criminal prosecution for conduct constituting
reckless disregard for the safety of persons and property. Nothing in this section
shall be construed to release the operator of any such vehicle from civil liability
for failure to use reasonable care in such operation.
Section 22-210.1. Mufflers on motorcycles.
It shall be unlawful for any person to operate or cause to be operated any
motorcycle not equipped with a muffler or other sound dissipative device in good
working order and in constant operation.
No person shall remove or render inoperative, or cause to be removed or
rendered inoperative, other than for purposes of maintenance, repair or replacement,
any muffler or sound dissipative device on a motorcycle.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
22nd day of November 1976.
DHY/cj
11/2/76
I I Lill " i u Z. q 0
On motion by Vice Mayor Standing, seconded by Councilman Ferrell,
and by recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland,
J. Henry McCoy, Jr., Meyera E. Oberndorf, R. L. Riggs, and
Vice PIayor Patrick L. Standing
Nays: None
Absent: Councilmen J. Curtis Payne and Floyd E. Waterfield, Jr.
City Council voted to approve the following tax refunds in the
amount of $S81.39:
l'I'L'M l@ I 0 2 4 7
COUNCILMAN WATERFIELD ENTERED MEETING AT 2:35 p,m.
The following persons appeared in opposition to the ordinances:
Mr. Marvin
Mrs. Mary Buerk
Mrs. Reva NIcClanan
Mr. Sam Houston, Sr.
Mr. Gravely
After considerable discussion, Vice Mayor Standing made a motion,
seconded by Councilman Baum, to defer the following ordinance to
amend and reordain Chapter 29 of the Code of the City of Virginia
Beach, Virginia, relating to sewers and scwage disposal. The
recorded vote is as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland,
J. Henry McCoy, Jr., Meyera E. Oberndorf, R. L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman J. Curtis Payne
City Council voted to defer until December 6, 1976, the following
ordinance to amend and reordain Chapter 29 of the Code of the City
of Virginia Beach, Virginia, relating to sewers and sewage disposal:
2-,
li@os s @'@l: i' D
13F 1T ORD,@I., :-@'D 'UITI' O,,' CTY
VIRGT!q@',@:
Sec. 29-]-. Cor,.nc-,ctioii-- iloqli@ i-c@i.
The C) i i-,,; C)
r C,-,
ma (f av i
'C! 311-l'.1
is
shi@ 1. 1- e C a c-, c: i, (j L f f--
o@@ t!ii.s
It s@@all ')e a g,
waste iii-lo ar-y well., scp'L-ic u..)---,l ail@,
land or or i.l)to Illv rc)r,,-ice, at @iiiy
after coniaection to tl-,@ PLI])-L4-c SC-wer SYE-t-cj-,, @@ rc-,,jjirc(f. !)v
IL shall be unla,,,,@-ul for any I)crsc,,,i occ-,ipy, lease or rerit aliv
premises in Violat4on C-@ ,' S, t, n. dal c)f o@,c@u,,@an(@y or uF@c@ C)f
any premises in viol@ition o-@ Iiii.s sc,.ctiori shall a s-pLiratc,, ard
distinct of-@erise.
Sec. 29-2. Se1/2,Tcr Clc@,@-.ouLs.
(a) All buildiiiis @ii,d coyinoct@L,,icf to tl-,e Pul,)li,@ s(-wer
syst(@io. shall- lator.11 @(i:ic@ at
or near tiie niop.-
-,rty li-iio
tiliere cle@inotits zis re,!iiirc,--i i.n ,n 17
as
'l; ILi i,
4 $1,10. oo
6
1 2 0 0
ex,,Oss (,F 6" Co.,@t cf labor,
p I L,
Soc. 29-3. F,,,es.
C'O,-! 11 (2 1 t C, r
4" tap $lio.oo
6" $13:-).OO
C) f C) CO'3t of I-,!)Or,
PlLls
The e,
E;Ila E Iso 'D.-, -@o
uE,,es or
or rrLodi@-ic,,Ci. In s:jch ca @s, th(- b@ c7,c.,@2r,,Iil,,-@d c@ii
tile tc)tl] T-,r,.,,,Dosed crcd-'@', fo27 ti,@@a
C.@isting us@s or s'-ructures at currc@n@@ rat@,s:
(b) Propertj of s,,,st,@nt ir),z;tall,-,tion, @.,,hare coall,c@iC,,,,
is rnade 41-c@ a li!!Ll c)r FtEt4 I
,cr@ a oirl@ (,@@ thc- systcit
withiii "@@e C,'-@ty "nsti@ c2(-l b,, 'tile.C@-@y (li@IC-
-led or
(1) Sii,gle faFL@@@",,,, resi.del,cc@s, fcr the first 100' froiitage
of iDarce'@-, .@or portioil @-hcrec"
......................... $780.0,,
For each -'Oot of front@ge in cxcess of 1001; per foot..$ 10.00
In cas@s %,,,here the froli'l- foo@,a@-e is 1.5 or mo-@-@ times
greater tlian -@he reai: ,,arcl- @@-o(,tage, or vice versa, til(,
front @lor of tflis shall
I L
be determiiied by ac]Ci--@,c,, tho '--Ozit and rcEir -vjir,-,
and di-v@,I-;,ig th@it s,,ii,,i by 2. @@li,.enc-,v,@r a sc,,,,,--r l-,ne i@
located ori two sides c)f a tl,,c-, short--cr si6e E:h@,l-l
be the oii,@- upon I,,,Ili-cll tlic,, d-,t@2rrii.naLion olz frc)nt fo()t@c@,,@.
shall be ca.Lcu".Qtcd. 'v;iienevE-r a is3 loc,,t--cd Oii ,)i-il'y
one sidc ol@ a that si.de @@hall be used for the
purposc of -@rc)iit foota,-ie.
i @l l@ c@ ii tL, I
L) o ri,-@) c-@
For t'i,
c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For L@.1i,:s tO l'
r
r,c@r Lill@: t o, 'C",@
)f . . . . . . . . . . . . . . .
For u-,; uii i- ts @@@r acr('. deii i. LY;
Per Litli-@ cio,,, @r@@O I..........I ...............$7
For ti, c 2
c,, , c-,d
PC-,--
.......................... $
F'or a-,-i per
ur,j-'- c)r
L. . . . . . . . . . . . . . . . . . . . . . . . . . .
n i, i-
NC
s q uI C, C) Lir) 4 (2 c! 0 1 cr c@isti,@g
(3) Nursing a@ici con%,alesceiit homes; per room (calculated
at t@,7o bed- = one roo!-.) ............................. $170.00
..................................... $'
(5) I d p,,r
o" !)Uj-,@d-*@@,c-@ .............. ...........
...........
Rl'- t. a @i,- c n@ @:r o
fl.c)or I 0 @@rs I - SC! e -@ () , C) Z
..........................................
(7) I 'i @@' u s i- ic-, -liD I
per ol- r s ..................... $
S@par,it@ uc-c--d c) r op.'-y
wher@ no inclu.@trj-,-I, r 7-rcce,--Sinc
takes pIF@ce; per sai-iE.-C '-C-t o-
I I @ - - fioor space ........... $
(8) Pest@,,ura,,it.-, - Est',@blishr,,,,--:,-@ts s@@r7;i!-,g proliarocl focd ai-i(i
drin!,:
For the firs'. 10 scats ................................ $780.0(@
For t@i(-3 40 seits; f--c:- [,,,r scat ................... $ 2 2 . 0 5
For all sca'@-s over 30 seats; fec per --eat ............. $ 38.00
(9) In all (7a.,@cs wlicre the-use @- s"ructure has not beeri
descri!D--(2 lir@ i:ee.- for tl)e bi-i-il(djncj,
struc-@urG, aO,@it4cii, M,)(3@ilic@@-,L)n or c@,,parisiC).l th@rC@t(D
shall bc-, cc,7,,I)ul@-@2cl zs
(i) The esLi,-,al-ed daily of the proDosed use
sliall first L)- d--t@,rmin,.--C@ by t@i2 Dc,-,ar',nic:@n-I
of Pu@)lic Ut@ilitic@@, ha.@@d on @ictLial-
flows of us(@.9, t,-king i.nto IccoLint
tll(2! llc)urs of OP,@,--a+ioti, Ly,,)c2 Of LIS(@, locatioli
and o-,h,@r criteria of estima',-,Dd
flows; theii
'I'I)is ustiinatcd d,-iil@/ floi@ @,7ill.bc,, di.vided bv
400, yi(21.,Iiiicj a ecirL;Iliicl Ufli-ts f Lc,,ur,@; ti,ien
(iii) T'li-s unit@; %,,ill bc, !)v
tlio 'y
(iv) If 7,1,
t.,-,@ ic U: 1 i:7,
-I(iv,!@ic- of @,ctua.i
on- y@-,,ir @)@l- @ictu@,,@L
pc,r abo@,e.
(10) 1-1h@)re s,@rvic,, i,@ nc@t to t'lic
o@ f @,-,s I c i-) 1,@ i i o. c L i i I (.1
abovo.
b,,r tli@, C i a -i @ii p--@,rt by ail pa,-ty
These fe(-,.c; i,7ill t-- api@lic-d only @;h--re the propcrty to be serv(-'d
is a port,@@on of thc -,)r wliicll tlic@ sewer lines
t f u iii t@@.@
(c) 11. no@-- !T -0 ,,l C
i@ ro, 1 1, y
Cit@, of V;.--cinia '@;2 l-@ 1,
fi c-,ci .........................$
(2) Mot s -@n c! s ai,,d tri-- s wi @',, t@%,o o r rcc)ro
rc, s i c] i E, ,ti) t F,
Fo r t h,) i: -c, i-t I:, 1- U, @-i is I- @- 2@- -, c c,, r, y
.......................
For E@ll ut,,@-,s 12 a,-- re dci@.-it,7; p@,r
I
C)r ............................
Where more @han one u@;@ occu--s on a rE,,rcr@l, C301,.S@.ty
for lic)tels or sliall @e j-jE,,ccd
tlie lan(I ol@ tli,@ j:c, parc@l tilo.
square CDC-@UL)i.,,-i 1),,, al-1 otli,@r L-xisLii@(j us@s.
(3) Nurs'lng aiid cc,.iviles,,@cn,@- lic)ircs; per room (calculatc(i
at two be,-ts -- at,()- roo"i) ............................. $ 75.L)a
(4) Tri4-lers, per space ................................... $100.OC,
(5) Professional and office building; per 600 square feet.$ 75.00
(6) Retal-1 storjs and shoppiiig ccnters; per square foot of
floor si)llc@ .........................................$ .01
(7) Industri.,il, m,nu-Lacturing, @7@,olesale, Isseirbly,
processinc! and distribulioii facilitic,-s, clol'.(-,stic
use; per s,,,Tuare fc)o-@ (@f floor space .................$ .01-
Separate warehoiise facilities used for st(:)racTe oiily
I
where iio iiidu,-triil, i@,,inufact.uring (Dr processing
takes plac--@; fee pL-,r s(iuz@re foot of floor spaco ..... $ .0i.
fo@D(-., ald
dri i-,@<
For tile fil7'@t iC, @@Dats
For th,-- 4 s,2,-its; PE@i: S,2at ..................
For il.1
s(-,a s Qver fe,2 scat ............ 7. 0 0
In all t'i@ use or strii(-,tiare his nc)t
descri@,c,d @@ i @@ (22 s f (D I ii 0. b u j, 1- d i n,7,
s t r L i c, t t,,, C!. F j. c: a t i c, n o c x I,, o r,, t' 1, 2 - t 0
shal.1 bc,. Ls @ollc)v?s:
(i) Th@- c t '-O,@, of t ,c 3rc,, or
s t @- I , - - 7- .
@ c:'-Ll :@,i- " L ' @@ ii - u - ,, L. . L ,,,, ,, Ii I',
4
ac -L@ f- ' i- c: c- l) c, I @'s o -ruc Liz, c@
L
tztkirig into accc)ui)t ti,c tiours of ol)eration, type
of use, location and oth,,r cri.teria deterirliiiative
Of estimate(i flow; tlien
(ii) This 0
yiel C., 4 be di-,7id(-d 0
@iqur-@; th,2n
(iii) This @-,@anc7, be bi
,@ -1 0!7 zE fa@-@lily resiLaE,,,Icc,.
app 1 4 cL L)le
(iv) If Ein ca't!O' l-,@2 accu-at(,.l,,, (ictcr . 4
@f ut@
I-y@ -,C(: tcD
actu@-i ,,' litil
feE,. to be a' onE@ ?O@ir o' aciuil
(d) Special se@,.er line @@oe for c-,pc-ated ca7l@, si-l-,2s,
pa@-ks coniiecte@. to aiiy maiii or int@rcQp'--CT-; p2r cE,,Il,)
space ..................................................... $100.00
(Provided that to obta4 n such fee, the o%,,ner slial-I enter into a
co@ntract witla the Cit,,, QroviC@ii-ig that a-, such fulure tim@@
the cairp park is conver@@ed to year round use, @-ces sp@cifi-ed ;ii
paragraplis (b)(4) O-- (-)(4) sliall be appl---cablc, ald t',iE, o@.,,Ilclr
shall pay the differeiice in @Lich fo@,s at time of co-,vcr-,ion to
year round use.)
(e) In no event shal.1 any line fee for any purpose enumerated in
paragraphs (b) through (d) above be l,ess tlian the amoiint calcLIlab'-
if the u--e ii, question @..,ere a single family resid@nce. Where
more than one use or more than one strijctura is to occvr on a
single parcel of land, tlie miii;@i,,lm a,,,,ou.,it shall apply scparatcl@,
to each individual use or structure.
(f) No bui.lding permit shall be valid nor shall any water or se,'icr
tap be instzilled for an,, 1)roperty until fces provided for in this
ordinance sliall have becn paid.
(g) In the case of existing contract aareements between owners and
the City regarding fees and waiver of fees, such agreer,,@nts sliall
reraain in effect.
(h) Thc, D4 rec-@c,- c)f @lu' c lit
on T,,r of -;Ucll
ari,, dil@. t
of
line fec, i,i t-0 -iii
't., cl,'@@l,lc)ut
do%,n
r 411 I:.Iii
i r F., E@ o f i , @ I @ : - . I
!lo i-,
rec,Tulatic,,i.-I o-. il--V(,nu-- s@rv .L @-,o is z,, n(-)n-pi-o@@it
organiza@.iC),@ ai,,-@ c@.", tli,@ t'-,rftis oF t-.h@ no@.-- tc)
be rL,.-,.,- -1,
I 1. -
b,-,lance iii ;
.c@@ir ccij@ii, a rite of
inl.erc-,@t c)@.
1', 0
Sec. 29-4. Sys'@em Maintenance Cliarges.
The follo,,.,ina r:@.tcs or- h@r y -stbl4
e -i @,-3hod %.,i '@h
rc,spec'- t.o al-l pro-)@-.rt,,/ irill-o 14n@,c; 01:
facilities oz.,,,ratL(a or ma'@ntained by '@-1-@e Ci.t@,.
(a) Resident@-lal UsLs: Monthly
................... $
(2) StrL,,ctur(@s %@.,itli t\.i,) or
un4
@t--, zinc, tr,,-Ier pa,--ks:
First uriit or trailer ...................... $ 5.00
Eacli additional unit or trailer ............ $ 5.00
(3) Hotels dnd rotels; for the first roo,.n
provide@i for occucl-ii(::v ..................... s 5.00
Eac'l a6d4tioral ioom @or occu,,,ancy ......... $ 1.67
(4) Cam:D grouncl@, frr th@ first space lorovidc2d. $ 5 . 0 0
For each acidi-lional spac,@ provided ......... $ 1.67
(b) Non-residential uses:
-(l) For all non-residential uses in which there is also
sul.)plied public -@.,,ater sc@rv.icp, the mai.,itcnaiico c@,arcfe
shall be dete-ininect I)y tlie size of tile water tap
through %,,hich watcr is providod, as per tile follo%,Iing
schedule:
Tap Size Montlily Charce
3/4" $ 5 . 0 0
1 " $ 6.25
11/2" $12.50
2 $1 8 . 7 5
3 $37.50
4 $6 2 . 5 0
6 $125.00
8 $2 9 0 . 0 0
10 $ 4 80 . 0 0
12 $ 730 . 0 0
(2) For all in pul@lic
is not tho fc--@ sliall be a--,
0-4 coinr-.oc4,z:3 ................................... $ 1 00 0
Each -i ov@-r four; I-ee, per
coriL7,,Io@ic .....................................$i.. 6 7
Sc,c. 29-5. Bil.lincT.
The Director ol@ Util@ties is hercl:)y autliorizcd to bill c!ach
customer no less Oii I),Il-is. The
Sccti()- --,'@--4 for c,,,cli sc,,rvic,@ ,,@,,@iod b@@
the nur,@er of days in tlie servico pcriod by the app-icable daily cliarg@,
for the rates oii a twelve (12) month basis.
The Li-rectoi: of Pj@olic Util@.t:--,os i,@ her@-,by auti@C)rized to O,'I(-
bill for s,@w--r iiiaint-,-i%,,,inc(-, and %va".@r coiisu-lpz,@@on anc-I
charges "o those custofticrs ,7!io receive @,oth s-,:ci-i services.
Sec. 29-6. Sov:age
In ad@iticn to -ho c!harc@es il,.IiDosed Ly Section -,9-5 there are herei),-
imposed uliiforn, charges for se%,,age trcatri@c,,nt as follo,,,s:
(a) Where tre@.tmen-- c)f se@qago is per@-or,rled by tlie fla-.Ppton
Sanitation Distri.cll, tlic chlirges shE.11 be p@id to tlic-! c:istlic-'-
in coti@@orm@-ty @,,,itli thc2 ral@es c-,stibli-shed by -lb-e district.
(b) Where tre@.',-i--.@-nt of sewage is performed by the City, the charges
shail be:
(1) For each s'@ngle faniily residence including trailers and
mobile hor,@es, $3.00 per mon-1h.
(2) For all other structures, the charge shall be equal to thosc
imposed by Harr@pton Roads Sanitation for like structures.
Sec. 29-7. Wheii bills due; delinquent accounts.
The Department of Public Utilities shall mail or deliver all bills,
but failure to receive such bills sliall not prevent the discontinuance of
service if the amount due is not paid within the time limits hereafter set
forth.
All bills sliall be duo ai)d payible t(:!ii delys f.-c)lr, t'lo date of tlie
bill-. All bills shal-I Lo d,-,emed delinquetit if not pziid within tliirtv Ci,l,is
bf the date of the bilj. A notice of sucli dolinqucncy sl)@:tll bc r,,,ailcd @l-o
the owner or occupa,il-- of tlie pr(?niiscs, directing such owner or occupilit
to show caiisc @.,,h,, t'@@@ @,lioull noLcease discliarging sewa(,-@ or
waste directl-v or 4-ndi.r@,ct.1-Y i-n@o the pi-,!)li-c sewer s@,stcm. Interes" of,
all unpai-d, past [E., sli@ii-, accrti,-, iL -Ilic-, rat,-, C)f oi,.,-l por cciituri -@r
month.
If within two rionths of the due date of the bill, all charges and
interest are not paid, the water supply s@Tsto-ri to the proriises shall be
disccn,,ioctod pur@,ii@rL to Scc. Ccdo o@4 Vi-rciriia, 1950, as
Such charges shal-1 L-econ,.e a il@en agai@E:t- ti,e pror)orty and sh,.tll b@, collcc@,e@l
accordina to abo,,,enent'@c)ned Sta-@e Code '@r-Ctiorl.
S-c. 29-8. Paconi@ctio:i F'c-c3.
If se,,:er --ervice mus,
, bo disconnccted for noii-rayr@.iei,t undcr S,-@cl-ici,,
29-7, s,@rvice shall not be reinstitutod until I)a@,ineiit is 1'.ade to tlie City
for all arrears plti,3 the actual cost fc)r reconr,,E',ctic)n fc)r labor and
materials and equi-Drrcnt, plus 25% of such costs for administration, by
the person d@2siring reccnnc-ction.
If water service is disconnected to -,he premises for non-payment of
bills pursuant to Sec. 29-7, then the arrearages and recon.-@ection fee shall
be paid in accordance witla Sec. 37-26 of the City Code.
Sec. 29-9. Payment.
In any case where fees required by tliis chapter are paid by check,
draft, or other instrument and the chock or otlier instrurocnt is returned
for any reason, no tap shall be install-ed or if already installed, the
sewer service or water usage shall be discontinued until full payment is
received.
Sec. 29-10. Peiialty -:or Vi-ol,,Itioli of Ch,,pLer.
Ai-iy persoji who shall viol.al.e any of tlie provis@oris of tliis cl@@@pter,
for whicla thcre is no otlier penal-tl, provi.ded, sliill, upon coliviction
thereof, bc guilty of a Cla@'s TII misd,@nieciiior aiid each days con-linuation
of a violition s'lill 1)@, c-.oii.;-iderc@d a separate offcnse. Any such plrsori
shall furthermore be lial)le for @ill dam@ige, loss anl e@,pense suffered
or incurreci tic Cil,,,, e,.,3 zi :-csull" o@' si-icii violatii@ll.
Sec. 29-11. Lit,c Fo F'or Cc,,Laiii Elcl(?@-ly Persol-is.
(a) Line fee exerription is provided for certaiii property owners who
qualify under subsection (b) of this sect:.on. The exemT-)ti-on is
to be admini.c@tcrc,,cl. by the City I-lanager or his author4Ize@, delc--qate,
herein to as t'lic The
crilde, ac@lopt L@i,71
hereby z-0, a@ici to
rules, tlic -co-air-17L -nt o,' al)S@.,--rs undo.-
oath, as r- @, b2 reL@sc)-i,3bly '-o dc,,.(2rmiric
for exor.,,;Dti.o3i. The ECii,,inisl-rat-c,r r-ra@, re@Tuire the produc:tion C,f
certified ta- re,--LiT-t,,s @,nl apl@,,.-,a."sal reports to e@,@abli-,Ia i.ncoli.,@
3nd financi.zil 7..17or-h.
(b) Exem,)tic)ns shall ]De granted su!Djc--'- to the lollo%,!ing E)-OviE.,ionF,:
(1) Title to the nropert@, for the lin-- fce C-'Xemot@-on iG
souglit inust I)c@ li(@Icl or 1)@irt@-ally lic@ld by tlic, all
least ono litip.(Irc@t anct t@l,c-,rity clays prior to th@ in--tall-atic).l
or scheduled date o@' iiistal.lation, whichever comes first,
of the se-,@er line.
(2) The owner of the title or partial title is sixty-five years
of age or older at @least ori(, hul-idrc3d and twenty days r)rior
to the installation or scheduled installation date, @,@hich.-
ever comes f@-rst, of the sewer line.
(3) The dwelling to be connec"ed to the se@;er line is t@ sole
dwelling of @he applicant claiming exemption.
(4) The total combined income of the owner and the owner's
relativ@s living in the household durinq the year i=cdiately
preceeding the installat-loii shall be determined by tlie
admini!strator, not to exceed six thousand dollars.
(5) The net combined financial wortli of -,he owner or owners
shall not exceed tvienty thousand dc)llars, excluding the
fair market valuc of the house @o be connected to the sewer
line. Net com!Dinod financial @-iorth shail include tlie value
of all assets, incl,uding equ--.table interests, of the owner
or owners and of tlic- spouso of the owner or owners.
(c) The persons applying for line fee exemption must file witli tile
administrator a line fee exemption affidavit, setting fortil, in
a manner prescribed by the administrator, the location and value
of the pro,@,c-tv "o h,-, co!inccled to tilo- I.ilic; til,@ of the
porsoriz@ r,,!@@ll-cd tc@ tlie o@,..7nOr @,.rd occLIT@Y'-IICJ tIC3
gross conL)Dinod income arid th(,ir n.Qt coi-dD@-nod fi@iaticial wc)rtia.
(d) Wliore the t-,orsoll oii conforris to thc@ StL,,ndzirds
and does n()" tll(, contained in tiiis @:,i-Dcticii
the line @-o, exc:,..--,tion shall be @,s shown on tlie followin(J
schedul-e:
Total All Source..-,.- Exemption
$ 00.,,)() $2,(100.00 100,
s C) 80'6
$3,'@',-]-f 60'
$4,0@)@ .15 00 0 . C,, 4 0
%5,001.00 $6,000.00 201.
(e) If within t@ielve months after the sewer line exemption is
obtained, the applicint's finaiici@il uositicri shculd chLii(-,e so
that @-l's ef@@,:,ct @,.o.,jld 'c@ to perF,(,:i lioleincj tll@
exei,-,I)tic),i tlio l nd of l,iiis sc@c@lio@l,
th@-n til-- i,oldinc-T tlie e.@@cyz,,.tic)n shlill re@und t@io
of the e:,,emiDtdoji -Lo the Ci-l@,.
(f) Any person c)r persons fal-sely cla@@ming an excrzDt4-,on or violati.'I-,@
any pro%,i-sici- Gf ti@i-- sccti-on 2@,all 1)@) (Ji-liltiy of a
and upon c,-,i,,vic@:@c)ii tlic-c-o" runi@3hc-,Cl !Dy a no-
excec@di.-,a oiii@ c,.,- coli-finer.,.enc: in 3aii iiut
exceediii,j -.onths C)-- bol-@ii
Sec. 29-12. Line Fee Exeiqptions - F'or Certain Financially Disa@vantaged
Persons.
(a) Line fee exeinptioia is provided @or certain fiiia@iciilly dis-
advantaged oro@)erty o\,;ners wli ouali@Iv under subsc-ction (b)
I -
of this sectiori. Tlie is to be adii@'iii--Lcr@,d @,,,y tlie
City l@,anager or his authorized del-egatc, hereiii referred to as
the adiniriistratc--. TliL, adpiinis-12:atc)r is hereby autliorized ard
empowered to preccribe, adopt and eiiforce rules and regulatioi-,S,
including the requirement of answers under oa@lh, as inay be
reasonably nece--sary to determine qualifications for e,-c.-PQtion.
The administrator may requi.-c the Qroduction of certified tax
returns and appraisal reports to establisli incoine and financial
worth.
(b) Exemptions shall be granted subject to the follo@qing provisions:
(1) Title to the property for which the line fee exemption is
sought must be held or partially held by the applicant at
least one hundred and twenty days prior to the install-ation
6r scheduled date of installation, wiiichever cornes first,
of the sewer line.
(2) The dwelling to be connected to the sewer line is t@ sole
dwelling of the al@pli-cant claiming exemption.
(3) The total combined income of the o%,,ner and the, owner's
relatives living in the household during the year iirmediately
preceedirag tlie in@tallatioii @-liall be dotermined by tlie
administ-rator not to exceeci four thousand d(Dllars.
(4) The nct comb-i.lied fiiiiiici.al worlli of the o@.7ilc-r or o@;[-icrF,,
shall not exc.-,od twcntv tlic)usand d,)Ilars oxcltici@ill@j flj-r
market v@ilu.-, of tl,o li(:,usc, to be corilec-1c,.d tc,@ tlie
lino. N(@t c(-)iiibincd fin-ncial @,,@or-Ili sliall incl,,il(-, the-
value of all assets, inclucling L2qui-tabl(, in@@erests, oE
the o%vner or o@-iners ind of th,-, spou,-o of tlie ownE@,-- or
owners.
(c) The persoiis ap,,:)I,,,ing for line fce cxenipti.:)n mu,--It file @,7itli "lie
:4,lc,, f(2c-, c@-.Ic,-,I,)tior@ setting
a irii)ncr th,,
, ,i@ t' (-, lc@cit4 oii @n
of r,@,, to t-c@ th,-, , Llic, o@@ th--
E)CrSOIIS 1,@] C)vlilcl.- o(-cul),,ill i til(@ cl%@el-li;lcr, ti@l,l
gross cord)j-ned iiico-,rc and tilcir iie@ co,@',,i ied financiil ,;ortli.
(d) Where the person claiming exemption confo-ms to the standards,
and does not exceed the limitations conta.ned in thi-s ordinance,
the linc fee excr-,pl@icn sliall bc, as siiown (@n Lh-- foll-o-..;ing
schedule:
Total ITicoy,,., All Sour,@--,s ExemiDtion
$ 00.00 - $2,000.00 100%
$2,001.00 - $3,000.00 80%
$3,001.00 - $4,000.00 60%
(e) If, witliiii t@,"@lv@ moi,"liF, after tlie s,2wer line ex(,,uptj-o,-i is
obtained, the a-@)jli-ci,it's E)csition sliou-i-d chi,-I,-e so
that its offect .,oLild bL to re.-tove tlie -3crson lic)jding -@h,2
exemption froi-.,i %-7 i -hin '-he lii@.,,its aild standlrds of this sc-,cti--n
. I L
then the pcrso:i holding t' e.@e-ption slaeill refund tlie aqc)unt
of the exemption to the C-Ity.
(f) Any person or persoii,; falsely clai-aing ai exelpption or viola',-ing
any provision o@@ this section shall be guilty of a misder@-,eanor
and upon convic-lion tliei:eof shall be punislicd by a fine not
exceeding ciie thousand dollars or coniinenent in jail not
exceediiig twelve months or both.
This ordinancc shall be effective on and after January 1, 1977.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of 1976.
ITEM #10247
The following persons appeared in opposition to this ordinancc:
Mr. Marvin
Mrs. Mary Buerk
Mrs. Reva McClanan
Mr. Sam Houston, Sr.
Mr. Gravely
After considerable discussion, Vice Mayor Standing made a motion,
seconded by Couiicilman Baum, to defer until December 6, 1976 the
following ordinance to amend and reordain Chapter 37 of the Code
of the City of Virginia Beach, Virginia, relating to water supply.
The recorded vote is as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
George R. Ferrell, Jolin R. Griffin, Mayor Clarence A. Holland,
J. Henry McCoy, Jr., Meyera E. Oberiidorf, R. L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman J. Curtis Payne
City Council voted to defer until December 6, 1976 the followilig
ordinance to amend and reordain Chapter 37 of the Code of the City
of Virginia Beach, Virginia, realting to water stipply.
AN OPDl@l,.-\@JCl@ TO
C Di C,,P CITY
01'
. I Vli' I @ELA21IG
TO Sf;'PLY.
BE IT ORDAINED BY Tli'E COUI@ TL OF TIIE CITY OF VIiZGINI,-, BEACII, VIRGI'llI.@:
That Chapter 37 of
Cod of thc@ Citv c)f Vir(jinia Boach, Virginia,
is hereby ameiiclcd and -- I
corcaine as folio%vs:
Sec. 37-1. Definitioiis.
(a) Consumer - As used this chadter, a consumer shall mean anv
person, firi:i, or cc)rT)Ora@@ion - a
%-Ihc)PI w tor from the City a--
systc'm 's (-',-!Y, citi,(,r as owner, a(jont, or teiian,
of the preT,-,il@c,s
is 2ter
C !)avl'-@l@t of char e for t@,@c con-
sumpt4-on o-@ so suiDi-)Iic--@d.
(b) Water service As useo, iii th".s chap-,er, water ser%,ice shall be
tako@i @o moiii t'i@ cielj,-,"-(@-Y O@@ Cit' , to a Luil,-Iinc@, lot, o@r
premises it thD cLrl); -)ro@,,i(i@d, Lliat ,;h@ 10-@ contains
than on- bi,ii.diii7, C)r a!l,,! i-i-i' o
func-@ioiial ujli--s, s@ch C)r 'IC)t @a,-
not be En aCiC,,itic!@ 1 s,@ cl@F;12 m@v iDe sill" I 'i.
a -v
-r @- c L@ Is bv C)Ile Der@;oii @,nd
all witer so tisc-,d is fOr I)\ oil- T-@c@rson; arici fu@tiler prov-1@.ded,
that the D'-,--ector of Pui)J-ic Util' LiOs in,!Y SI)ecify for loi- or
building tlie lium',@cr of separ,.IL-- t,7,:itc!r servic-s ,@,liich is deem,@d
necessary to meet ,-he rc-cuirc-,cpL,, for water supply.
(c) water usage - As used in tliis cia,'E,-c-, wi'-@er u--acie shall be ta',-.cn
to meaii tile uso or the riglit to use Ci'@-y iiater delivered throuc-h
a City meter into tlie bi-ii-iding or d@qelling to be serviced.
Sec. 37-2. Application and contract for consunier service.
applicant produces sufficiciit TDroc,'@ thz,,t lie hcts a leiscliold intErc,.-@t fcr
a terri in c:@cess of n@@netl, davs.
Sec. 37-3. Each metei- con--,iCe-red sc@parate service.
If anv consumer is su@Dpl-idd thrc)ugh more thz@n one m@-ter, each m-ctcr
shall be coiisiOereO. as a sel-ar@te !3ervice l-,Dti-i as to consi-imption chii:gcs
and as to svsten. maintenance cl@,arc,os and as to all other provisi(,,ns of -@his
ar,@i (7,0-osit feeg.
cliapter,
Sec. 37-4. D@21',Osits.
(a) Any person who is not and who has not been a consumer @.,,ith a
pro\,en cred4t experience with @.he City of 'jirginia Beach, Depart-
ment of pUbl4C Utiliti S
- es hall, aLt tlie tim;a ap-,)licatiorL is
de,,)osj,-, ,,-i-th th(@ Ci'@-y a sur., @s iii,,-@icated @n thc-, sc@ie@@,lule
for each @,.7ater iccourt:
I,IETER STI-E ATIOU','T
$ 2 5 0 0
3/4" 2 5 0 0
25.00
11/2" 50.00
2 " 10 0 . 0 0
3" 150.00
4 2 50 . 0 0
6" 30 0 . 0 0
8" and above Deposit equal to eftinial@(7
water consur,,,,tion for one
billing I)eriod
(b), After any coiisumer has become delinquent in his bill, the Depart-
ment of Public Utilities may require a deposit ill an aIL-,Ount based
on an estimated iconthly b4@ll in order to continue serv-@-ce.
(c) Deposits n,.ay be re@lunded upon written request to the D@-rDarti,lolit @f
Public Utilillies after six consecutive billing periods of -,iain-
taining payments on time.
(d) No interest will be paid on deposits.
Sec. 37-5. Procedure when property is vac@ited; charges for restoring s,21--vic(!.
(a) All o@@ners or tlio-ir iul-hori7(,d @tjE,nts il'ter kiiowlecig@ th@it their
premises ha\,c beeii vacat@@@i sl)all I)ro:,,i@,tlv notify, in w.'L-itj-,iq, ttic,
Departniont o@' Public U@i!4-ties tc) shlt Otf ttie coiisumc@r su,-)@)l-v of
water therc,Lc), and upon such notification in writj-ng frc)in Lhe
owner, or iutlic)-i@l,,-,l a@ent, the Departricnt of Public Uti-lities
shall effectually ,iII3-Iloff the water to slich premises and at the-
same ti-me, record the @ea,,iing o@@ tlie Poter.
I
(b) Wlien the s(,rvice is stiut o@'f oursuant to sub@3ectic)n (a) above,
there shall. be i s"O.0 cha)-ge for such recoiiiic-@cLic)n.
(c) Any coi@sur,-(,r @c, irtact durilig t-li(, vicancv c)f @!)y
n@r c;,;st- i-..i r,.@a i,-i' and
- - c,'@@aiace c,@iiorc4c,
miiiirii,im corisu-Ii@,)ric)i,. 4-orth ill thic; chapter.
(d) Where it is necessary to ren@ve a meter, or ,,here the removal of
a meter is request6d by the o@iner or authori2cd agent, the charge
for reinstallation of the iietoi7 @-hall b- $25.00 for ill i,l(@ters
up to 2"; fo-c all i!icters 2" or cos-@ of 1-alor,
and equip,-.ne-@it pll-,s 25@@ fc)r a(_,,,
11 4 s ra f ioii.
(e) V.'Iieiievel- service is aL)an(loiied, the chirges f(-,r reconnection of
service shall bc@ as provided for in section 37-28(a).
Sec. 37-6. ;qater for construct--ion purioos-,s.
Contractors apply'-ng for water usage for Luildings for
construction purf)oses shall pay fc)r tlie same at the regularly scheduled
consumption, system maintenance, and meter rates, and shall be held respc-
sible for all charges so billed, until such tipe as the contractor shall
notify the Department of Public Utilities, in @vriting, to cut off the supply.
Sec. 37-7. Public buildings to have meters; charges for water suqply.
All public buildings (including school buildings), state, federal and
municipal, in the City, as may be designated by the Director of Public
Utilities, shall have attached to the supply pipes connecting such buildings
with the water mains of the City such meters, -or measuring the water supply
furnished such buildings, as may be selected by the Director of Public
Utilities as being suitable. The water so supplied to such consumers shall
be charged to them, through the proper department or to others having
control of such consumption, at regularly scheduled prevailing rates.
Sec. 37-8. l@ater mc,'.--rs to rer,.,-@in prot-)erty o-F Cit,,; rol-,air ancl replaccr@eii,@-
of meters.
All %.;ater meters install(@(.' !Dy -Iht,- Departi@nt of Publi-c Utilitios or
at the requesl- of tlie DclDart-,,.ent cf Public Utilities shall be at all tirio@
the proDerty of the C@.t@, Z,'.,Ild shall be maintained and reraired, when rende,,-e@i
unserviceable throuc@h %,,ear @n@ teir, ani rf-newed !)v the, City; proviu'od,
however, tliat @,jhere rel3airs, or adj,,istn.--nts ol@- any Tneter arc--
rendered necessary b@7 c--,.uL@es o,,-hcr tlic,,.i or@,ina-cy @.nd teir, th('@
caused to the City -Lhei--c-'@@, s@li@ll be ID@ild b-,17 ancl co3-leclecl frc);-,.t the consur,,,-,,-
responsible for the r,,eter at the prentises.
Sec. 37-9. Adjusti.-,ent o,-: abnoi:mal bi-Iling due to lcal:age.
The Director of Pu!Dlic U,.-ilities is 'i--reby au@.hori-7ed to adjust and
settle such c'@aims against the Dcp,,,rLrLent cf Publi-c Utilil@ies for abnormni-
bills, due to leakage, as wil@l in the .@ud@D:-,.-ont of the Director, wor'l- an
injusl-ice to the corsumer u-less corrc.cted.
Sec. 37-10. llaste of ,,ate2:; repair of leakin@, pipes, etc.
@o person shall pernlit the @-;ater to run front any hydrant, r,,.eter, cock,
or fixture without proper care to pre%,ent ,,,aste. If any pipe, hydran@@, rr,.el.er,
cock or other fixture be found leaking, the owqer of the premises shall
have tlie necessary repairs made immecliatel,,, upon notice thereof from the
Department of Public Utilities so to do, and failure to repair shall require
the discontinuance of water supply until repairs are made.
Sec. 37-11. Extravagant use of water; fixtures to conserve supply.
The City Manager and/or tlie Director of Public Utilities are hereby
authorized to promulgate reasonable rules and regulations restricting the
use and consumption of v@ater supplied by the City of Virginia Beach, and
may regulate or prohibit any or all nonessential uses of water.
Violation of any o@- the rules and regulations so established shall,
for a first offense, be punished as a Class III misdemeanor.. Any second
or subsequent offense shall be punished as a Class II misdemeanor.
Thc Ma-nager or t'io Diroctor ,nay also rec,,ui.-C the O%,,,ner or occuDa,'It
of any pre:,,iises to equip and -aintaii sucl@l preiii-ise-, @,7ith fi@:ttire-, c)f
aLpproved design aiid c7u@tlity ;.!hich nrc-vent ineffic,-ent use of t,r and
conserve the City's water supply.
Sec. 37-12. Turnirg ol-f for purT)osc-"s o,, repairs.
In case of breii-@s in t@ie niains, serv-ices, puiiping r,@@@ichinery, reservoi-S
or ol@her %.7a,.er %,7or3,s rciak4l.,-.c@ it recessary to s'@,@l.It ol-f the water,
or wheii it is neces,-ary ':o sliut off ti,c- ,,,,ater for the idurpose of
extending or cleaning the mains, previous notice will, if practicable, be
given, but in no case @,ill aiiy claim for damages due to water being shut
off be all-ov,,ed.
Sec. 37- 13. Use of -,ire hydrants.
Fire hydrants are provided for the sole Lurl)ose of e@,@tinguishing firc,.@,
and all persons, excr--pt -,lie Departri,-nt ol@ l'ire ai,.d the DeDartl,-.Cnt c)f Publ;-c
Utilities or such 1-,erscns as may he si)ecifically authorized by t'le D;-rec'@-or
of Public Utilities are hereby prohibi-lcd from opening or using the same.
Any person authorized to open fire hydrants shall use only an appropriate
spanner wrench, and shall replace the caps on the outlets when not in use
from the same. Violati(Dii of this section shall be considered a Class I
misdemeanor.
Sec. 37-14. Private fire protection systems.
(a) No City water shall be tised for private fire protection svstems
unless the custopier installs, at his cost, a dc-tector chec',@ valve
and by-rass nieter of a type and at a location approved by the
Department of Public Utilil@ies.
(b) The customer shall pay the cost of all labor, materials, and
equipment for any facil.ity installed by thu, Departinent of Public
Utilities in order to acconiziiodate a private fire prot(@-ction
system, plus @.5% of that cost for admini.stration.
(c) No person shall use i-' ater froni a private fire protection system
other than for e>:tinguishing a fire, without the written conscnl,
of the Director of Public Utilities. If water from a private
fire protection system is used iii a manner not authorized herein,
all water usage shall be cut off unless such unauthorized use is
terminated imr,-iediately ur@on noticc -@roin the Depart.'Iient of Public
Utilities and'pay:nent is made for all water so used.
(d) No charae shall he ,d, for @@,,iLer used to c@:ti.1c, i h fir s, -ut
a $2.50 Ivciithlv s--r,:ice fco is h@rc,@)Y iml)oscd for readiii(] an,'
maintainirg TI!Otc-rE, ind i.nspec iig tl,c systeiil,,.
Sec. 37-15. Access to preriises supplied with water.
The Direcl@or of Public Utiliti.es and his agents shall have free access
at all reasonable hotirs tc all idarts of any promises to which water is
supplied to niake necessary examin-,tions, repairs, or alterations.
Sec. 37-16. (.)bstrue-@4 rg V@:11@7eS, lvcters, etc.
(a) It sliall ail,,, j-),@rsol to pl@i(-@e upon or about an@,
gate valve, manlicle, fire hydrant, stop coc-k, meter or meter box
connected with the water pipes of the system of water works, any
object, mallerial, debris or structure of any kind which will
prevent free access to the same al- all ti-rlcs.
I
(b) It shall be "he @f tiie owner or occupant of all
premises unon ,,hicli feic@lities arc placcd that thcrc@ be a
one foot ciearan,-e@ ar(-,uiid all such facilities; provide@ ho,.,,ever
that there he a Llirce @oot clL,.arEtnce sur.-ounding any fire liydrant.
Sec. 37-17. Turning ,,,ater on or ofE; tam'Dering with appliances.
No person, or Ii-'Is agent, excLi-)t e.,rployec-s o@@ the Departrient of Public
Utilities, sha'@l cut ol@f or turn on water at any City curb cocy, or meter
nor remove, disconnect or tanper in any way with any water rieter, water
connection, fire hydrant, lock, curb cock or curb box, or any part thereof,
or any other equipment installed by the Departr,,,ent of Public Utilities in.
connection with the i-jater system ,iithout previous permission, in writing,
from the Department of Public Utilities so to do; provided, that in case
of necessary emergency repair work to be done on any premises, the person
doing such repair work shall be permitted temporarily to turn on or off
the water and upon completion of the work shall leave the water on or
off as befote. In such cases, notice of such turning on or off of water
shall be given to the Department of Public Utilities as soon as possible.
No person, except employees of the Department of Public Utilities,
shall move any meter or meter box from the location in which it is placed
by the Department of Public Utilities.
L
i
i
Sec. 37-18. City to make connections.
No person, excedt the properly authorizcd agents of tlie Directo.- of
Public Utilities, sliall tar,3 or make any connection with tlie main or
distributing pipes of tlie City water works system.
Sec. 37-19. City not responsible .@or clamage.
The City will not be respoii@@ible for any damage (,ausc,,d by defective
plumbing or open outlet@, %vhen .@ater is turticd on -y t,he Ord(-'r ol- tile
L)irector cf Public utiliti,c- , or by reql-,est of anv o@,:,,Ler, lesse-o-, or
agent.
Sec. 37-20. Straiqht connections (a connection with,)ut rooter) in or
outsi@e of r,-ol@-er Lo,@,-s; cliancling service pipe @-rom one tap
or meter to anot'lle3:.
it shall be unlawful for any person to install a straight connection
in or outside of ireter boxes where meters have been removed, or to chaiige
b
an@, service pipe from one tap or meter to another, without first obtain4ng
permission in writing from the Department of Public Utilities.
It shall further be unla@,,ful for any person to use water obtained
by methods enumerated in this section, and such consumption shall be
billed to such unauthorized user by determining the estimated actual
consumption and charging therefo--e at the regular consuniption rates set
forth in Sec. 37-33.
Sec. 37-21. Cutting off any source contaminating water distribution system.
The Director of Public Utilities is hereby authorized to cut off the
supply of water from any source within the water distribution system of
the City after the Public Health Director of the City or the Director of
Public Utilities, or his duly authorized agent, certifies that such source
may be a contaminant and a potential public health hazard.
Sec. 37-22. Liability of City; restricting the use of water.
The City shall not be liable for any damage resulting from the burstinc,T
of any main, service pipe or cock, fire hydrant, nor from the shutting of@'
of water for repairs, extensions or connections, or from the acci.dc,,ntal
failure of the water supply frolp. any cause @-iiilts(Dr@vor. In cases of
emergency the City shall lia@,e the rig',It to restrict the use of @,7ater ill
any reasonable manner for the o--otection of the City and its water supply.
Sec. 37-23. Penalty for v-'--olation of c',,apter.
Any person who shall violate any of tho provisi-c)ns of this chapter,
for which there is no o,@l@er iDeiiii'@v pro,.-i-ciccl, sl,,all, upon convic-@4-on
thereof, be cuilty of a Class III misCie:n--anor, and eacli days continual@-ion
of a violation shall be considered a. separate offense. Any such person
shall furthermore be liable for all damage, loss and expense suffered
or incurred b-v the City as a re--ult of such violation.
ARTICLE II. BILLING.
Sec. 37-24. Division of 1-ity into zones.
The Dircctor of Public Utilities is autl,.orizecl to divide the City
into zones, as many as m@,y be expedient, in ordcr to expedite the rea-@-ing
of the meters and the collection of the water bills.
Sec. 37-25. When water bill uayable.
The Director of Public Utilities is hereby authorized to bill all
consumdrs no less frequently than bi-monthly, in accordance with their
location in the City for the service rendered, and such bills shall be
due and pa.yable within 10 days from the date of the bills.
The Director of Public Util@ities is furthcr authorized to send one
bill for water consurnp!'on and water system maintenance charges along
with charges for sewer @tem maintenance, to those customers who are
provided with both se2 @S.
Sec. 37-26. Default in payment of water bills.
The Department of Public Utilities shall mail water bills, but failure
to receive such bills shall not prevent the discontinuance of service if
the amount due has not been paid within the time limit specified hereafter.
Should aliy bill not be paid @,,-her, due, the c:onsurtcr sh--tl.l Lc.- cic-eineci
delinauent tliirty (-,O) davs after the date of the bill. The Depart"'@n,@
of Public utilitic@, shall notil@.v tile consumer in viriting of sucli dc,,l-'-n-
quency, and shall direct the consuirer to slin,,,, ciiise within fifteen (15)
days why water service should not be discc)ntinued.
When water service is discontiiued p@rsuant to this section, %..,a'@-er
shall not aalain be turned on un-@il all arreeirziges and cliarges sli(all have
been paid in--llidinr,, a chfr(fc c,@ $10.00 f,)r turnin@, the @,,,,iter oi-1, i@@ 'L-he
premises are occupied by the same conf-,i,i,-,cr i@lio incurred th, b4@ll-; provided,
that any consumer delinquent or in arrears shall settle all past indebted-
n,ess wherever incurred before again being served Cit,7 ,7ater.
Sec. 37-27. Unauthorized water turn or,.
Should the water be cu-- off from any premises by the Departrrent of
Public utilities @'or the non-pa,,,,iient o-@ a bill or for any other causc@,
and af-lerv,,ards be found turneci on i,,,ithout authorization of the Dcp,,rt-ent
of Public Utilities, the service may be discontinued and shall not be
restored until the consu-mer shall pay all delinquent bills; and in
addition thereto, the sum of $50.00 for reinstitution of water usage.
ARTICLE III. CON@;ECTION AND INSTALLATION.
S,ed. 37-28. Connection required.
The owner of any dwelling or other building in which human beings
live-6r congregate shall, whenever a public water line hereafter is made
available by the Cil@y, connect such dwelling or build@.ng with such water
line, within one year after such line becomes available.
If, at the time of enactment of this ordinance, a water line is
available to any property as defined above, then the owner shall effect
a connection thereto within one (1) year of the effective date of this
ordinance.
Sec. 37-29. Connection and installation fees.
(a) Connection to a City v.,al@er line (tap fee):
3/4" Tap and @leter . . . . . . $220.00
1" Tap and @leter . . . . . . $285.00
11/2" Or larger Tap ail d Z,eter . Cost of labor, materials, and
equipment plus 25% for adniin-
istration.
3/4" ".--ter anO, a-,@)iir enances only . . . $12 0 . 0 0
1" Meter and a,@,purtenances only . . . $185.00
11/2" Or larger meter and appurtenances
only . . . . . . . . . . . . . . . Cost of labor, materials,
and equipment plus 25%
for adniinistration.
when the installation requ4-res a combination of a different
size tap and r,,,eter, the charges will be ba-ed cn cost of
installaticn o@@ labor, rraterials, equipment plus 25% for
admini--trat4-on,
For 11/2" taps, $750.00 shall be placed in escrovi by the applicant
and $875.00 for 21, taps shall be placcd i escro., at t r
n he ti,,e
of application.
For taps in excess o.@ 2", the amount placed in escrow shall be
based bn estima'@e of costs by the Director of Public Utilities.
In any case where a customer desires that an existing tap or
meter be moved, the cost of moving the tap or meter shall be
based on the cost of labor, inaterials, and equipment plus 25%
for adniinistration. A deposit shall be placed in escrov in
advance of the estimated cost as determined by the Department
of Public U-Iilities.
The following fees shall also be applicable to presently connected
,uses or structures whenever a present use or structure is expanded, changed
,,-,r modified. In such cases, the fees shall be determined on the basis of
zhe total proposed new uses or structures, less a credit for the presently
existing uses or structures at cuirent rates:
(b) Property owners' share of system installation, where connection
is rnade to a line or pumping station being a part of the system
within the City installed or purchased by the City (line fee):
(1) Single family residences, for the first 100'
frontage of parcel, or portion thereof .$500.00
For each foot of frontage in excess of
1001, per foot . . . . . . . . . . . . . . . . . $ 5.00
In cases where the front footage is 1.5 or more times
greater.than the rear yard footaqe, or vice versa, the
front footage for the purposes of this subsection shall
be determined by adding the front and rear yard lengths
and dividing that sum by 2. Wlienever a i-@ater I.ine is
located on two sides of a parcel, the shorter side shall he
the one upon which tlie determination of front footage shall
be calculated. lvhenever a line is located on onlv one side
of a parcel, that side shall be used for the purpose of
frc)nt footage.
(2) tlotels, hotels, and structures wil.h two or more family units;
For the first uiait . . .
For tlie n' . . . . . . . .$500.00
ext unit to 12 units per acre density;
per unit or fraction thereof . . . . . . . . . . . .$160.00
ror the next units from 13-24 units per acre
density; per un4-t or fractio,,,th,reof . . . . . . .$315.00
For -,he next uni.ts from 25-36 units per acre
density; per un.4@t or fraction thereof . . . . . . .$470.00
For all un,'-ts 36 units p@,r acre density;
per unit or fraction tliereoll . . . . . . . . . . . .$500.00
T@@here nore than one use occurs on a parc@l, density
for motels, hotels or mult4far,,ily shall be based o,
the land area of the entire parcel excluding the
square -@ootage occupied by all other exi3ting uses.
(3) Nursing and convalescent homes, per room
(Calculatcd at 2 beds = 1 room) . . . . . . . . . . .$125.00
(4). Trailers, per space . . . . . . . . . . . . . . . . . .$160.00
(5) Pro-@essional and office buildings, per 600 square
feet of building area . . . . . . . . . . . . . .
. . $ 1 2 5 . 0 0
(6) Retail stores and shopping centers; Per scuare
fc)ot of floor space . . . . . . . . . . . . . . . . .$ .09
(7) Industrial manufacturing, v,,holesale, assembly,
Processing and diStri)Dut;-on facilities domestic
use; fee per square foot of floor space . . . . . . .$ .09
Separate warehouse facilities used for storage only
where no industrial, manufacturina, or processing
takes place shall pay a fee of $.62 per square foot
of floor space.
(8) Restaurants - Establishments serving prepared food and drink:
For the first 10 seats . . . . . . . . . . . . . . . .$500.00
For the next 40 seats;
fee per seat . . . . . . . . . . . . . .
For all . . . . . .$ 15.00
seats over 50 seats;
fee per seat . . . . . . .
. . . . . . . . . .
$ 2 5 . 0 0
(9) In all cases where the use or structure has not been described
hereinabove, line fees for the building, structure, addition,
modification or expansion thereto shall be computed as follows:
(i) The estimated daily flow of the proposed use shall be
determined by the Department of Public utilities, based
on SiMilar actual flows of cowparable uses, taking into
account the hours of operation, type 01- use, location,
and other criteria determinative of estimated flow; then
(ii) This estimated daily flow will be divided by 400, yielding
a demand units figure; then
(iii) This domand units figure will be multiplied bv the
fee applicable to a sincjle family residence.
(iv) If an estimated flovi cannot be accuratel.y deteriiiined,
the Director of Public Utilities is authorizod to
accept a deposit in advance of actual flo@vs, with the
fee to be aetermined after one year of actual con-
sumption, as per (i) through (iii) above.
(c) Property owners' share of system installation costs where
connection is made "o a line or pump station bei.ng a part of
a system wil.hin tl-.o City installed or purc,iased overall in part
by the City iiad in part by another party ol- parties.
These fees shall only a,,)ply @,7hen the property to be served is a I.Dortion
of the crig@nal prcT@crt-,@ "o@- ,@.,hicli the se,..,er lines w-,re installed bv -Ihc@
private party or Furtlir-,r, fees i.n this sec,@ion (c) s'lall not
apply whe--e connection is made to lines purchased by the City of Virginia
Beach.
(1) Single-family residence; each . . . . . . . . . .$190.00
(2) @lotels, hotels and structures with two or more family
residential units:
For the first units up to 12 units per acre density;
per unit or fraction thereof . . . . . . . . . $ 95.00
For all units o%,er 12 units Per acre density;
per unit or f--action there(.)f . . . . . . . . . $190.00
Where more than one use occurs on a parcel, density
for motels, hotels or multifamily shall be based on
the land area of the entire parcel excluding '@he
square footage occupied by all other existing uses.
(3) Nursing and convalescent homes; per room
(Calculated at 2 beds = 1 room) . . . . . . . . $ 95.00
(4) Trailers; per space . . . . . . . . . . . . . . . $ 95.00
(5) Professional and office buildings; per 600
square feet of building area . . . . . . . . . $ 95.00
(6) Retail stores and shodping centers; per
square foot of floor space . . . . . . . . . . $ .03
(7) Industrial manufacturing, wholesale, assembly,
processing and distribution facilities domestic
use;fee per square foot of floor space . . . $ .03
Separate warehouse facilities used for storage only where
ho industrial, manufacturing, or processing takes place
shall pay a fee of $.01 per square foot of floor space.
(8) Restaurants - Establishments serving prepared food and drink:
For the first 10 seats . . . . . . . . . . . . . $190.00
For the next 40 seats;
fee per seat . . . $ 6.00
For all seats over 50 sats;
fee per seat . . . . . . . . . . . . . . . . . $ 10.00
(9) In all cases where the use or structure has not been
described hereinabove, liie fees for thc- build4ncT,
structure, addition, modific,ti,n or expailsioii thereto
shall be cc)mpu'led as follows:-
(i) The estimated daily flow of the proposed use
shall first be determined hy th,-- Department of
Public Utilities, bascd on Similar a,tual flows
for comparable uses, -la',-ing into account the
hours of opera-lion, tYPe Of usa, location and
other criteria determinative of estimated flow;
then
(ii) This estiniated daily flow will be divided by 400,
yielding a deicaiid units figure@ ther,
(iii) This demand units figure will I)e multiplied by the
fee applicable to a Single fam.-i-ly residence.
(iv) If an estimated flo%v can not bE@ accurately determined,
the Director of Public Utilities is authorized to
accept a deposit in adva.,Ice of ac@@ual flcws, with the
fee to bo determined after one year of actual con-
sumption, as per (i) through (iii) above.
(d) Spec-'@al line fee fc)r seasonally operated camp Site parks connccted
to any City water main:
Per camp space . . . . . . . . . . . . . . . . . . . . . . $70.00
Provided that to obtain such fee, the owner shall enter into a contra
that at such future time that -he camp park is con-
with the City providing ct
verted to year-round use, fees specified in paragraphs (b) (4) and (c) (4)
of this section shall become applicable and the owner shall pay the dif-
ference in such fees at time of conversion to year-round use.
(e) in no event shall any line fee for any purpose enumerated in
paragraphs (b) through (d) above be less than the amount cal -
culai)le if the fees in question %,,ere to be determined for a
single family residence. Where more than one use or m,re th,n
one structurc is to occur on a single parcel of land, the
minimum amount shall apply separately to each individual use
or structure.
(f) INo building permit shall be valid nor shall any water or sewer
tap be installed for any property until fees provided for in
this section shall have been paid.
(g) In the case of existing contract agreements between owners and
the City regarding fees and waiver of fees, such agreements
shall remain in ef@-ect.
(h) The Director of Public Utilities is hereby authorized to accept
on behalf of the City notes for the payment of such line fees
as are due. The terms of such notes shall be: one-fourth of
the line fee in addition to all tap and meter fees, given as
a down payment, with the remainder of the line fee payable in
three equal, annual installinents at a rate of interest of eight
percent per annum. Provided, however, that any clastorier who is
chartered under the regulations of the Internal Revenue Service
as a iion-profit organization and can prove such status, the
terms of the note to be accepted may provide for one-fi4th
down payment, with the balance due in four equal, annual in-
stallments, with a rate of interest at eight percent per annum.
(i) Tlie rates set forth'horein shall he @tr@plicible to fervic(,. t'i@-,t
contracted for aftc,.r the co.,Ml)lction i-n cjroond of anl, future @,-,Cr
line designed for the use of affected property, and on all existiiig
water lines.
Sec. 37-30. Liiie fee exepiptions - For certain elderly persons.
(a) Line fee exemptioti is providcd for certain property owners who
qualify under subse'-ction (b) of tliis-section. The exemptioii is
to be administered by the city P.IInager or his autl)orized delegatc,
herein referred to as the administrator. The administrator is
hereby authorized and enipowered to prescribe, adopt and eliforce
rules and regulations, incl.udinq the requiremctit of answers under
oath, as may be reasonably necessary to determine qualificatioils
for exemotion. The administrator"mav require the production of
certified ta@,< returtis and appraisal reports to establish income
and financial worth.
(b) Exemptions sliall be granted subject to the following provisions:
(1) Title to the property foi.- which the line fe-- exemption is
sought must be held or partially held by the applicant at
least one hundred and twenty days prior to the installation
or scheduled date of installation, whichever comes first,
of the water line.
(2) The o,,.' ner of the title or partial title is sixty-five years
of age or older at least oiie hundred and twenty days prior
to the installation or scheduled date of installation, which-
ever comes first, of the water line.
(3) The dwelling to be connected to tlie water line is the sole
dwelling of the aoplicant claiming the exemption.
1
(4) The total combined income of the owner and the owner's rela-
tives living in the houseliold during the year immediately
preceding the installation shall be determined by the admin-
istrator, not to exceed six thousand dollars.
(5) The net combined financial worth of the owner or owners
shall not exceed twenty thousand dollars, excluding the fair
market value of the house to be connected to the water line.
Net combined financial worth shall include the value of all
assets, including equitable interests, of the owner or owners
and of the spouse of the owner or owners.
(c) The persons applying for line fee exemption must file with the,
administrator a line fee exemption affidavit, setting forth, in
.a manner prescrib--d by the administrator; the location and value
of the property to be connected to the line; the names of the persons
related to the owner and occupying the dwelling; their gross com-
bined income and their net combined financial worth.
(d) Where the person claimina exemption conforms to the standards and
does notlexceed the limitations contained in this section the line
fee exemption shall be as shown on the following schedule:
Total Income, All Sources Exemption
$ 00.00 - $2,000.00 100%
$2,001.00 - $3,000.00 80%
$3,001.00 - $4,000.00 60%
$4,001.00 - $5,000.00 40%
$5,001.00 - $6,000.00 20%
(e) If, @..,ithin t@,:elve mo,,itlis after the water line exem,,)tion is ob@
the applicant's finaiicial positioil s'lould changl, so that its cflect
would be to reraove tlie person iiolding the exet,,iption froni within thc2
limits and staiidarcls of -@his sc!ction, tlien the oerson holdiny th(@
exemption sliall refund the amount of the exemptioii to tllc, city.
(f) Any person or persons falsely claiming an exemidtion Or violating
any provisioi of this section shall be guility of a misdemeanor
and upon coli%7iction t'iereof shall be punished by a fine not e>:cced-
ing one thousand dollars dr co@ifincmciit in jail not exceeding t%ielve
months or both.
Sec. 37-31. Same - For certain financi@illy disadvantaged r)crsons.
(a) Line fee exei@,ption is pro%,ided fc)r certain financiall%' disadvantagec-I
property olvners who qualify under subsection (b) of this section.
The exemption is to be adminisl@ered by the City Planager or his
authorized deleaate, herein reforred to as the administrator. The
administrator is hereby authorized and emcowered to prescribe, adopt
and enforce rules and regulations, includ-ing the recuirement of an-
swers under oa-1h, as ma%, be reasonabl@, necessary to-deterniiiie q ai-
ifications for exci-,ption. The a(iiii,-aistritoi- may rec-,uire the pro-
duction of certi'icci t,@ r(-,turiis Eind appraisal repor,s
to establish
income and financial worth.
(b) Exemptions shall be granted su)Dject to the f Ilowing provisions:
(1) Title to the DrolDerty @or wliich tlie line fce exemption i.s
sought must be held or partial]-,, hc,,ld by the aprlicant at leas,-
one huiidreci and t,,-' erty da,,,s Drior to the installation or
schedule,,'i date of instal.lation, whichever comes first, of the
water line.
(2) The di-jelling to be connected to the water line is the sole
dwelling of the applicant claiming the exemption.
(3) The total conibined income of the o,,,ner and the owner's rela-
tives living in the houscliold during tlie year irmediately pre-
ceding the installatioii sli@,11 be determined, by the administra-
tor not to exceed four thousaiid dollars.
(4) The net combined financial wcrthof the owner or o@,7ners shall
not exceed ti,;enty thousaild dollars excludina the fair market
value of the liouse to be connected to the water line. Net
combined financial worth sliall include the value of all assets,
including equitable interests, of the owner or owners and of
the spouse of the o@qner or owners.
(c) The persons apTDlying for line fee exen,,ption must file with the
administrator a line fee exemption affidavit, setting forth, in a
manner prescribed by the idministrator, the location and value of
the property to be connected to the line, the names of the persons
related to the owner and occuidying the dwelling, their gross combined
income and their net combii@ed financial worth.
(d) Where the person claiming exemption conforms to the standards and
does not exceed the limitations contained in this ordinance, the line
fee exemption shall be as showii on the following schedule:
Total Income, All Sources Exemption
$ 00-00 - $2,000.00 100%
$2,001.00 - $3,000.00 80%
$3,001.00 - $4,000.00 60%
(e) If, within twolvo monthsafter the water line e-xemption is obta illed,
the applicant's financial POsition should chinge so that its effect
would be to remove the person holding the exemption from @qithin t@le
limits and standards of this section tlien the person holding tlie
exemption shall refund the amount of the exemption to the city.
(f) Any person or persons falsely claiming an exemption or violating any
provision of thissection shall -be guilty of a misdemeanor and upon
conviction thereof shall be punished by a fine not exceedinq one
thousand dollars or confinement in jail not e,;.:ceeding twelve- months
or both. (Ord. No. 542.)
Sec. 37-32. Meter Service Charges.
Each consumer shall pal, a monthly meter service charge as follows for
each meter connecting his premises with the C'Ity wa,t-er system:
Size Monthly Charqe
5/8" $ .75
3/4"
$ 1.00
$ 1.95
1 1/2" $ 4.35
2" $ 6.00
3" $ 12.00
4 $ 22 . 0 0
6 $ 4 8 . 0 0
81.
101, $ 9 6 . 0 0
$1 5 2 . 0 0
12" $216.00
Fire Hydrant meter $ 12.Oo
Sec. 37-33. Water Usage Rates.
In addition to the chargesprovided for' in Sec. 37-32, each consumer Shall
pay for water usage at the rate of 75cts f,, e,ch 100 cubic feet of water
All consumers shall pay a minimum water usage fee of $2.50 per
consumed.
month. Where a consumer uses more than one meter, the rates prescribed by
this section shall apply separately to each meter.
Sec. 37-34. Payment.
In any case where fees required by this chapter are paid by check,
draft, or other instrument and the check or other instrume,t is returned
for any reason, no tap shall be installed or if already installed, the
ter service or water usage shall be discontinued until full payment is
eceived.
ec. 37-35. Test of Water Meter.
Any consumer shall have the right to demand that the meter through
ich water is being furnished be examined and tested by the Department of
ublic Utilities for the purpose of ascertaining whether or not it is
(e) If, @vithin twelve moiitlis after the water line exemlition is ob"ained,
the applicant's financi.al position sliould change so that its eff@ct
would be to remove tlie persoii liolding the exemption from within tho
limits and standarcis of this section, tllen the persoii holding the
exemption sliall refund the amount of the exemptioll to tlic, city.
(f) Any person or persons falsely claiming an exemption or violating
any provision of this section shall be guility of a misdemeanor
and upon conviction t'iereof shall be punished by a fine not exceed-
ing one thousand dollars or confinemeiit in jail not exceeding t%,7elve
months or both.
Sec. 37-31. Same - For certain financially disadvantaged nersons.
(a) Line fee exci@iption is provided for certain financially di@-advaiitaged
property owners who qualify under subsection (b) of this section.
The exemption is to be administered by the city nianager or his
authorized delegate, herein referred tc) as th, administrator. The
administrator is hereby authorized and empowered to prescribe, adopt
and enforce rules and regulations, including the requirement of an-
swers under oath, as may be reasonably necessary to deterniine qual-
ifications for exemption. The a(iriiiiistratoi- may rcquire the pro-
duction of certified tax returns Eind appraisal reports to establish
income and financial worth.
(b) Exempti6ns shall be granted subject to the following provisions:
(1) Title to the oroperty for which the,line fee exemption is
sought must be held or partiallv held by the applicant at least
one hundred and twenty days prior to the installation or
scheduled date of instal.lation, whichever comes first, of the
water line.
(2) The dwelling to be connected to the water line is the sole
dwelling of the applicant claiming the exemption.
(3) The total combined income of the owner and the owner's rela-
tives living in the household during the year ir,,mediately pre-
ceding the installation shall be determined by the administra-
tor not to exceed four thousand dollars.
(4) The net combined financial warthof the owner or owners shall
not exceed twenty thousand dollars excluding the fair market
value of the house to be connected to the water line. Net
combined financial worth shall include the value of all assets,
including equitable interests, of the owner or owners and of
the spouse of the owner or owners.
(c) The persons applying for line fee exerption must file with the
administrator a line fee exemption affidavit, setting forth, in a
manner prescribed by the administrator, the location and value of
the property to be connected to the line, the names of the persons
related to the owner and occupying the dwelling, their gross combined
income and their net combined financial worth.
(d) Where the person claiming exemption conforms to the standards and
does not exceed the limitations contained in this ordinance, the line
fee exemption shall be as shown on the following schedule;
Total Income, All Sources Exemption
$ 00.00 - $2,000.00 100%
$2,001.00 - $3,000.00 80%
$3,001.00 - $4,000.00 60%
registering correctly the amount of water which is being delivered through
it by such department to such consumer; provided, that when any consumer
d.esires to have such meters so examined and tested, such consumer shall
make application therefore in writing to the Department and shall deposit
with such application the amount charged for the various sizes, as follows:
Size Fee
5/8" meter No charg(@
3/4" meter No charge
1" meter No charge
1 1/2" meter $35.00
2" meter $35.00
3" meter $35.00
4" meter $50.00
In excess of 4" metbr Estimated actual cost of labor,
materials and equipment plus 25%
for administrative cost
If, up6n such examination and test, the m(@ter shall be found to register
3% or more water consumption than actually passes through it, the meter
shall be corrected and the fee charged in the application for a test shall
be refunded to the person making the application and the water bill cor-
respondingly corrected. Whenever a meter is out of order and fails to
register, the con.sumer shall be charged with an average daily consumption
as shown by the meter when in good working order and registering correctly.
Sec.- 37-36. Moving tap and meter; cost.
Whenever a City water main is constructed or extended into a street upon
which an abutting parcel is being provided water service or usage by a ser-
vice line to a non-abutting street, the Department of Public Utilities may
,require the water meter and tap to be relocated from its previous location
to a new connection with the abutting water main or extension thereof.
Whenev6r the City effects such relocation, the consumer shall pay the
cost of labor, material and equipment, plus 25% for admini stration.
TE@IINATION OF SERVICI-' UPON l@U,'OUEST
OF PRIVATE SEI'IAGE DISPOSAL SYSTEMS
sec. 37-37. Applicability.
Any water customer of the City of Virginia Beach who has not paid the
applicable rates and charges to any private sewage disposal system company
within the City for service rendered, and who has be(2n notified pursuant to
State statute to cease disposal of sewage into the system within two montlis,
may have their service terminated upon request of thc@ private utility in-
volved.
Sec. 37-38. Procedure.
(a) After the statutory period for the customer to cease disposal of
sewage into the system has elapsed, the private utility company
shall notify the customer in writing that water service shall be
discontinued by the City if payment fo-- the delinquent sewerage
bill is not received by the utility within ten (10) days.
(b) After the ten (10) days has expired, the private utility company
may notify the Department of Public Uti-lities to turn Off water
service to the respective property. A copy of such notification
shall be sent to the customcr.
(c) Within five (5) days after receipt of the notice from the private
utility company, the Department of Public Utili'@ies will turn off
water service and hang a notice of turn-off on the front door of
the premises explaining the reason for discontinuation of service.
(d) Upon notification from the private utility company that service is
to be restored,the City of Virginia Beach will restor@ said service
within one business day.
(e) A charge of ten dollars ($10.00) will be rendered for each request
from the private utility to discontinue service. This charge shall
be billed directly to the private utility company. The Deoartment
of Public Utilit,ies will not make any monetary coilection ior private
utility companies.
(f) The Department of Public Utilities will not be liable for any damages
resulting from the discontinuance of water service when requested so
to do under this section.
This ordiriance shall be effective on and after January 1, 1977.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the--, day of 1976.
ITEM #10248
On motion by Councilman Ferrell, seconded by Councilman Griffin,
iF@l I nwq
ITEM #10249
On motion by Councilman Waterfield, seconded by Councilman Ferrell,
and by recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.)
George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland
J. Henry McCoy Jr., Meyera E. Oberndorf R L Riggs, Vice
Mayor Patrick @. Standing, and Floyd E. 'a @, :
W t field, Jr.
Nays: None
Absent: None
CitY Council approved the renewal of the raffle permit of the
Catholic Daugh-t-ers Of America #1881, Star of the Sea Cathoij,
Church.
ITEM #10250
Mr. George Powell of the firm Of Powell and Hyntley appeared before
CitY COuncil regarding the Proposed substitution of landscaping in-
stead of a berm as required by the motion made by City COuncil as a
condit"On for aPProval f 155 townhouses in college Park.
COuricilm@n Ferrell requested that the Plann-ing Departmerit ascertain
if the ciiange would be acceptable to he residents of th, area before
the matter could b, considered at the tCOuncil Meeting of
1976. December 6,
ITENI #10251
COuncilman Riggs requested the CitY Manager to p epare an E vironmental
Impact Stud r n
y on the area for the p'roposed park to be
southend of the city. located in the
The C]'-ty Manager stated he would prepare a study and bring it to
Council for their consideration.
ITE@,l #10252
Councilman R@ggs requested that the appraisal of a certain Parcel
I
of land i@ Virginia Beach be handled by an agent in tliis
City.
ITEM #10253
Of holding a public vote on the City,s propose r, the
Councilwoman Oberndorf requested Council tO co sider possibility
d Legislative Package.
After considerable discussion, Council agreed to hold on December 61
1976, a public vote on the Legislative Package to be forwarded to
tlie General Assembly of Virginia.
ITEM #10254
On motion by Vice Mayor Standing, seconded by Cotincilman Ferrell,
and by recorded vote as follows:
Ayes: Council @,lembers John A. Baum, Robert B. Cromwell, Jr.,
George R. Ferrell, John R. Griffin, @layor Clarence A. liolland,
J. Henry @4ccoy Jr., Meyera E. Oberndorf, Roger L. Riggs, Vice
Mayor Patrick @. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Abseiit: Councilman J. Curtis Payne
City Council voted to appoint Mr. Kent Hinnant as Co-Captain of the
Virginia Beach Patrol.
ITEM #10255
Mr. V. Alfred Etheridge, Jr., appeared before City Council requesting
Council to pave or grade Twin Poplar Road, formerly Robinson Road, in
the Pungo Borough of the City.
Mr. Etheridge stated that City vehicles, including school busses and
refuse trucks as well as private vehicles utilize the road.
After considerable discussion, Councilman @iaterfield made a motion,
seconded by Councilman Riggs, to authorize the City to pave, at a
minimum cost to tlie City and no cost to the residents in the area,
Twin Poplar Road, formerly Robinson Poad, in the Pungo Borough of
tlie City. The recorded vote is as follows:
Ayes: Council Members J. flenry McCoy, Jr., Roger L. Riggs, and
Floyd E. Waterfield, Jr.
Nays: Council Members John A. Baum, Robert B. Cromwell, Jr.,
GEorge R. Ferrell, John R. Griffin, Mayor Clarence A. Holland,
Myera E. Oberndorf, and Vice Mayor Patrick L. Standing
Absent: Councilman J. Curtis Payne
City Council, after considering tlie number of unpaved streets now
located in the City, which do not conform to state or City highway
standards and which are in effect "paper" streets, voted to deny the
request of Mr. V. A. Etheridge, Jr. to pave or grade Twin Poplar
Road, formerly Robinson Road, in the Pungo Borough of the City.
ITEM #10256
On motion by Councilman Ferrell, seconded by Councilman Griffin,
and by acclamation, the meeting adjourned.
0
d j. @ebbon, City Clerk Clarence A. Holland, Mayor
City of Virginia Beach,
Virginia
November 22, 1976