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HomeMy WebLinkAboutFEBRUARY 28, 1977 MINUTES OF TriE IIONORABLE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA February 28, 1977 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, February -98, 1977, at 1:00 p.m. Council Members present: John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing and Floyd E. Waterfield, Jr. Council Members absent: None ITEM #10480 Mayor Holland entertained a motion to permit the Council to conduct an informal discussion to be followed by an Executive Session for the purpose of discussing the following: 1. Discussion or consideration of employment, assignment, appointment, promotion, demotion, salaries, discipline or resignation of public officers, appointees or employees of any public body. (Personnel Matters) 2. Discussion or consideration of the con- dition, acquisition or use of real property for public purpose, or other disposition of publicly held property. (Acquisition, use or disposition of publicly held property) 3. Consultation with legal counsel and briefing by staff members, consultants, or attorneys per- tainin@, to actual or potential ligitgation, or other legal matters witliin tlie jurisdiction of the public body. (Legal Matters) On motion by Councilman Ferrell, seconded by Councilman Griffin, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Ilolland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Rig,-s, Vice ivlayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to proceed into Executive Session following the informal discussion. ITEM #10481 A delegation of property owners and citizens attended the Informal Discussion conducted by the City Manager, Mr. George Hanbury, con- cerning a variance applied for by @Ar. Bruce Mills to permit the con- struction of a residential building on the beach at Chesapeake Beach, Virginia on a lot 50 feet by 125 feet, said lot being shown on the Plat of Chesapeake Park. The purpose of the original application, made by Nir. Mills, was to per- mit the construction of a residential building on a lot which was or is partially under water on a normal high tide. The proposed building does not conform to the established city policy which prohibits construction below the six foot contour line of the beach, as a consequence site plan approval was denied by the Engineering Department. Subsequently, an application was made to the City Manager for an administrative approval which would be a variance from the established policy of the city in such matters. The request is now before the City Council for dispos- ition. The City Manager, Mr. George Hanbury, invited the attention of the del- egation to aerial photos of the bay shoreline and the ocean front beach line from the Amphibious Base to the North Carolina State line. The continous aerial photos indicated that where the beaches were unpro- tected by natural dunes, beach erosion has occured. In 1936 the beach area at Chesapeake Beach sufferred tremendious erosion from sea action as a result of severe storms. Several blocks of lots are presently permanently under the surface and therefore, "unbuildable". The use of the lots on the beach, by the public, over the years has created the need for an established "public" beach; and a need to es- tablish a coastal construction setback line. As an example, he described the action taken by the State of Florida to assist the localities to control building construction on the beaches by adopting a state statute which prohibited building closer than 50 feet to the mean high water mark. Virginia, however, is not a "hi-h water" state, we are a low water state. Much would have to be done to our state enabling legislation to legalize 50 foot strip from mean high water mark. The Florida judiciary determined that the high water mark would be indicated as that line which is determined by the growth of sea oats on the sand, as sea oats do not grow in salt water, therefore, that would mark the high water line. Virginia does not have enabling legislation to permit governing bodies to establish such a line on its beaches. Virginia did adopt in 1972 a coastal plain act which is presently under study by the Governor's Office in an effort to establish proposed coastal plain legislation. The City Manager explained that only certain Means could be employed to prevent the construction of buildings on private property adjacent to or on the beaches. They are: 1. City Council could establish a coastal building line and not permit construction beyond the line, which would no doubt result in court action by the property owners as illegal confiscation of private property. 2. Condemn property for public use, with compensation to owner. 3. Allow the applicant to go ahead and build but comply with severe restrictions placed upon him by the municipality. 4. We could do nothing and permit the applicant to take the matter to court for litigation to release the approval for the site plan. The attending property owners and citizelis ' as well as tlie applicant, indicated their desire to express their opinions in the formal meeting which follows the informal meeting. Mayor Holland, speaking for the Council, indicated that he had no objection to the request and would,in fact, realign the agenda to hear the matter immediately after the open- ing of the meeting. ITEM #10482 Mr. Ilanbury, City Manager, advised City Council that there would be a meeting of the Community Block Grant Committee at 7:30 p.m., Monday, February 28, 1977 to recommend proposed uses of the funding. ITEM #10483 Discussion regarding encroachment of Peabodys Warehouse on 21st and Pacific Avenue. Owners have requested an eleven inch encroachment on Pacific Avenue and a four inch encroachment on 21st street in order to improve the appearance of the building and modernize it. The City Manager indicated that the sidewalk on Pacific Avenue is only 16 feet wide and that he could not approve the encroachment, as a result, the matter is appealed to the City Council. Attorney Ned Caton repre- sented the owner of Peabodys Warehouse. After discussion and consideration of the architects design, City Council agreed to make a motion in the formal Council @leeting app- roving an encroachment of six inched on Pacific Avenue and four inches on 21st street. The matter will be acted upon under new business in the formal meeting. ITEM #10484 At 2:15 p.m., City Council reconvened in the Council Chambers with the following members present: John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry @4cCoy, Jr., Council- woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice- Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Council llembers absent: None The invocation was given by the Reverend David L. Ilenry, Bayside Baptist Church, followed by the Pledge of Allegiance. ITEM #10485 On motion by Councilman Payne, seconded by Councilman Bauin, and by recorded vote as follows: COUNCILMAN FLOYD E. WATERFIELD LEFT. Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Riggs and Vice Mayor Patrick L. Standing. ,Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council voted to approve the minutes of the regular meeting of February 14, 1977 and dispensed with the reading of said minutes in- asmuch as each Council Member had a copy. COUNCILMAN FLOYD E. WATERFIELD RETURNED ITEM #10486 A represeniative group of the Property owners and liti,e,, residing in the Chesapeal-@e Beach area, Ocean Park Area and Lynnhaven Area, as well as some from the Sandbridge area, appeared before City Council to appose the approval of a variance to the site plan ordinance whicli would permit the construction of a dwelling on a lot partially under water and located on the beach at Chesapeake Beach, Bayside Borough, Virginia Beach, Virginia. The lot is shown on the plat of Chesapeake Park and is on file in the City Engineer's Office, the Planning Com- mission and is recorded in the Office of the Clerk of Court. IIigil interest was indicated in the outcome of the decision of City Council because it has been felt that it would possibly constitute a precedent for siriilar application for variances for many other areas of the City in which corresponding circu.Mstances exist. The applicant was represented by Mr. Bruce Mills, Attorney, and property owner, Mr. Julian C. Brown, Air. Vernard F. Wagner, Mr. Eugene Godfrey, Mr. J. A. Wood. Those OpPosed to granting the variance to the site plan are: Mr. Allen Jones Mr. Robert Smith and Plr- Grover Wright, Attorney, representing residents of the area. In addition, petitions opposing the construction of the building have been filed with the Office of the City Clerk. Signatures of property owners and residents of the area total 481. @Ar. Mills, in appearing before City Council, noted that he had followed the proceedures indicated in the City Code, the Comprehensive Zoning Ordinance and the Site Plan Ordinance, but had been unable to obtain a building permit due to the inability of the subject lot to satisfy the requirements which stipulate that any construction on the beach must follow the established policy of the City which prohibits constr- uction below the six foot contour line of shoreline or the bulkheading. Mr. DAilis indicated that the applicant would construct bulkheading app- arently along his lot line and would construct the proposed building on piling and would dedicate on fifty foot strip of land for public use along the northern side of tile subject lot. Ife indicated that he be- lieved his inherent rights as a property owner were being violated by the requirments of the site plan ordinance or established city policy and were, in effect, confiscating his property without due compensation. I,lr. Julian Brown, lir. Vernard Wagner, Mr. Eugene Codfrey and Mr. J. A. Wood all express support of Mr. Mills application to permit construction on the beach and indicated that they would suffer financial loss if they in turn were not permitted to utilize their subject lots. Mr. Gr t, Attorney, appeared on behalf of those persons opposed to the construc@ion of buildings on the beacil. Mr. Allen Jones, i appeared on behalf of the residents of the area pro- testing ruction of buildings on the beach and requested City Council to "live" by its own laws and ordinances--strictly enforce the site plan ordinance which would, in his opinion, prevent Mr. Mills from building on the beach. Mayor Holland indicated that legal opinion regarding the constitution- ality of "variances" passed upon by City Council are decided upon by the judicial bodies of the City and are not within the jurisdiction of the City Council. Mr. Robert Smith appeared in opposition to the construction on the beach, le reminded Council that there are more than one lot involved and stressed that the esthetic value of such construction be considered rather than the pure monitary value. Mr. Grover Wright, Attorney,representing several property owners, indicated that City Council, throu,-h its Engineering Department and its site plan ordinance and established city policy, had established a definite policy refusing to permit construction below the six foot contour line and that the applicant was seeking a variance from the City Council to maintain the policy under its general policy and regulatory authority in order to treat all persons fairly, and should the Council be found in error, compensation should be granted, however, as the subject application involves the benefits of the general public, possibly through prescriptive rights, it should be brought to court for a final decision. Mr. IVright indicated that based upon the report of the United States Corps of Engineers and the report of the City Engineers Office, a formal written policy in the form of an ordinance should be ad- opted in order to be fair and uniform to all concerned. Vice Mayor Standing,,seconded by Councilmaii Baum, made a motion to deny the application for a variance to the site plan ordinance or the esta- blished policy of the city made by @ir. Bruce Mills to permit constru- ction of a dwelling on Chesapeake Beach. During the ensuing discussion, the motion made by Mr. Standing was withdrawn after concurrance by '.ir. Baum. Councilman Ferrell made a motion to approve the application of Mr. Mills provided be comply with all the site plan and subdivision requirements-- there was no second. Avote was then taken upon an amended motion made by Vice-Mayor Standing, seconded by Councilman Baum to deny the variance. The recorded vote which follows indicated that the motion was lost. Ayes: Councilmen John A. Baum, J. Ilenry McCoy, Jr., Councilwoman @leyera, E. Oberndorf, J. Curtis Payne, Vice Mayor Patrick L. Standing. Nays: Councilmen George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, Roger L. Riggs, Floyd E. Waterfield, Jr. Abstain: Councilman Robert B. Cromwell, Jr. Absent: None The motion was lost due to a tie vote. The matter was again under discussion. Mr. @lills noted the concessions proposed by the applicant and urged approval. ?Ar. Grover Wright invited the attention of Council to the fact that the applicant by his request for a variance acknowledged the existance of the city policy whether it was written or not. Councilman Baum, having been on the affirmative side of the lost motion then made a motion, which was seconded by Councilman Ferrell to approve the granting of a variance to Mr. Mills, during the discussion which followed the motion was amended to read: That Mr. Bruce Mills, the applican t, would not be allowed to build on his property if he built the bulkhead at the six foot contour line with piling or construction extending north of the bulkhead and that any building construction would be on the south side of the bulkhead and that the City immediately proceed to amend the CZO and other zoning and subdivision ordinances to try and get something under way which will clarify the Council's right to control constr- uction in such matters without conflict. Mr. Standing indicated that was the interest of his original motion with the concurrance of Mr. Baum who had made the motion. By recorded vote as follows: Ayes: Councilmen George R. Ferrell, John R. Griffin, Mayor Clarence A. Ilolland, Roger L. Riggs, Floyd E. Waterfield, Jr. Nays: Councilmen John A. Baum, J. Henry liccoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne and Vice @layor Patrick L. Standing. Abstain: Councilman Robert r,. Cromwell, Jr. Absent: None The vote indicated that the motion was lost. After consideration of the discussion and the motions both for and against the granting of a variance, the laayor announced that the matter is under the juris- diction of the administration. The administration had previously indicated that it would not approve the variance. ITEM #10487 The City Clerk read the following Public notice regardin, the pro- posed adoption of an amended ordinance regarding the extension and inclusion of certain areas of the city in the Mosquito Control Pro- gram. After discussion with Mr. Dick Crockrell, Director of Depart- ment of Agriculture of Virginia Beach, City Council adopted, on first reading, an ordinance; and indicated that the ordinance would be brought up for second reading on March 21, 1977 two weeks hence. The recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. liolland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to adopt, on first reading, an ordinance to amend and reordain Section 21-5 of the Code of the City of Virginia Beach pertaining to Mosquito Control Districts: AN ORDINANCE TO AMEND AND REORDAIN SECTION 21-5 OF THE CODE OF THE CITY OF VIRGINIA BF-ACH PERTAINING TO MOSQUITO CONTROL DISTRICTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 21-5 of the Code of the City of Virginia Beach is amended and reordained to read as follows: Section 21-5: Princess Anne-Pungo Mosquito Control District The Princess Anne-Pungo Mosquito Control District shall include all of the area within the Boroughs of Princess Anne and Pungo except for the following areas in Pungo Borough: (a) The Back Bay Wildlife Refuge. (b) That area south of Back Bay Wildlife Refuge to the North Carolina line bordered on the east by the Atlantic Ocean and on the west by the waters of Back Bay. This area includes but is not limited to those sections known as Barbour Hill, Etheridge Camp, False Cape, Beasley's Camp, Goat Hill, Wash Woods and Brown's Camp. (c) That portion of the area known as Knotts Island which is situated in the City of Virginia Beach. First Reading: February 28, 1977 Second Reading: Deferred indefinitely on March 7, 1977. This ordinance shall be effective July 1, 1977. Adopted by the Council of the City of Virginia Beach on the day of , 1977. ITEM #1048'. A letter from the City Manager requesting City Council to authorize the issuance of $7 Million of General Obligation Bonds of the City of Virginia Beach, Virginia from the 1977 Charter Bond Issue of which 84 Million would be designated as initial partial payments on school construction and $,3 Million for engineering costs and utilities which are presently under construction. The increasing scool population requires the construction of school facilities-for this purpose the City Council authorized the School Board to construct a $6.9 tlillion Junior High School in Kempsville. Presently the School Board has two bids outstanding; one for the con- struction of Green Run High School in the amount of $10.3 Alillion and White Oak Elementary school, in the amount of $3.3 Million. @@he three buildings total $20,500,000. The Mayor's Connittee on Water and Sewer Rate suggested a Revenue Bond issue of $9.1 Million to be amortized by the proposed rate increases; of this issue $6.1 Million would be to fund water and sewer health hazard projects and $3 Million of the proceeds of the reveneu bond sale would be designated to replace the $3 @lillion utilitzed from the $7 faillion General Obligation Bond issue presented today. City Council is requested to authorize the City @lanager to prepare a Revenue Bond Ordinance to support the $9.1 Million herein described and for the purposes stated. Authorization and sale of these Revenue Bonds will only finance construction of projects through this calendar year, therefore, City Council needs to decide in the immediate future whether funding of future utility projects will be by revenue bonds, individual referendum or City Charter chan.-e, in this decision the City Manager requests the guidance from Council for this purpose: The City Manager requests authority to negotiate for the purchase of "private" public facilities and to employ and engineer to determine an equitable pureliase price, the services of the engineer to be compensated equally by the seller and the City. Upon motion by Councilman Payne, seconded by Councilman @@.IcCoy, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Nlayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council authorized the issuance of seven (7) million dollars of General Obligation Bonds of the City of Virginia Beach as set forth in the following Ordinance; further, City Council authorized the City Manager to prepare a Revenue Bond Ordiliance to support an issue of $9.1 million dollars for the purpose hereto noted, AN ORDINANCE AUTIIORIZING 'I'IIE ISSUANCL $7,000,000 PUBLIC IMPROVEMENT BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. It is hereby determined to be necessary and expedient for the City of Virginia Beach to construct and improve various public facilities and improvements, all of which will promote the development and public welfare of the City, and to borrow money for such purposes and issue the City's general obligation bonds therefor. 2. Pursuant to the authority of the Charter of the City of Virginia Beach (Ch. 147, Acts of Assembly of 1962, as amended) and the Public Finance Act, as amended, there are hereby authorized to be issued Seven Million Dollars ($7,000,000) Public Improvement Bonds of the City of Virginia Beach to provide funds, together with otlier funds that may be available, for the following purposes: Planning, construction and improve- ment of sewer system, including force mains, gravity lines and pump stations $1,506,400 Planning, construction, site acquisition and improvements and equipping of school facil- ities 4,000,000 Planning, construction and improve- ment of water system, including transniission and distribution lines, pump stations and storage tanks 1,493,600 TOTAL $7,000,000 Any amounts not needed for any such purposes may be used for any other of such purposes. 3. The bonds shall bear such date or dates, mature at such time or times not exceeding forty years from their dates, bear in- terest at such rate or rates not exceeding the maximum rate per- mitted by law at the time the bonds are sold, be in such denomina- 2 tions and form, be executed in such manner and be sold at such time oritimes and in such manner, including the sale of the same as one dr more separate issues or in combination with the sale of generaliobligation bonds heretofore or hereafter authorized for similar'or other purposes, as the Council shall hereafter pro- vide by@:appropriate resolution or resolutions. The bonds shall be general obligations of the City of Virgini Beach for the payment of principal of and interest on which i-,s full faith and credit shall be irrevocably pledged. FIRST READING: SECOND RIADING: Adopted by the Council of the City of Virginia Beach on the day of 1977. ITEM #10489 On motion by Councilman Payne, seconded by Councilman McCoy, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, @Aayor Clarence A. Holland, J. Henry McCoy, Jr., J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: Councilwoman Meyera E. Oberndorf Absent: None City Council authorized the City @lanager, Mr. George Hanbury, to conduct negotiations for the purchase of private utilites and employ an engineer to serve as mediator. ITEM #10490 The City Clerk read by title a Public Notice which set forth the in- tention of the City Council to adopt the following ordinance entitled: An Ordinance to amend and reordain Chapter 37 of the Code of the City of Virginia Beach relating to water supply The following persons appeared before City Council regarding the water rate ordinance: Those in favor: Mr. F. Reid Ervin - Representing the North Virginia Beach Civic League @Ir. Tazewell T. Hubard Mr. Andrew Heatwolle - Representing Virginia Beach Board of Realtors Mr. Henry D. Green Sandbridge Beach Civic League Mr. James Gatling Seatack Those opposed: Mr. Conrad Reid @4s. Anne Greenburg Mrs. Joan Chebetar @,irs. 1,1. Hogsed D4rs. Mary A. Buerke - Ocean Park Civic League Mr. W. A. Gravely Laurel Cove Civic League @4rs. Reba McClanan Virginia Beach Council of Civic Organizations Mr. Robert Cubman The presentation made by Dlr. Ervin is on file in the City Clerk's Office. A consensus of the expressions regarding the proposed increases in the rates for both water and sewage services seem to indicate that the public in general recognizes the need for improved and expanded water service as a means of protecting the public health and protecting property from devastation by fire. Criticism was indicated as to the failure of the City to expand and improve the service as the population increased and the density of the buildings became evident. The public is critical of the distribution of the increases in rates as they apply to large and small users of the service and of the method of billing. The reasons for the various changes in the billing were explained by the City Manager. Several of the citizens who spoke, voiced strenious objections to the actions taken by City Council in which connection to and use of the water or sewer service is required within one year after they are made available by the City. After considerable discussion by City Council and upon motion by Councilman Ferrell, seconded by Councilman Cromwell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cro-mwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry @IcCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council adopted the following ordinance regarding water rates: AN ORDIN,@CE TO 701F@ND AND L@EORDAIN C)iAPTER 37 OF TliE CODE OF TiiE CITY OF VIRGINIA BEACII, VIRGIN'IA, RELATING TO WATER SUPPLY. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRDINIA BEACII, VIRGINIA: That Chapter 37 of the Code of the City of Virginia Beach, virginia, is hereby ainended and reordained as follows: A@TICLE 1. IN GENERAL. Sec. 37-1. Definitions. (a) Consumer As used in this chapter, a consumer shall mean any person, firm, or corporation to whom water from the City water system is supplied directly, either as owner, agent, or tenant of the premises to which supplied through a City meter and who is liable to the City for the payment of charges for the con- sumption of water so supplied. (b) ;@ater service - As used in this chapter, water service shall be taken to mean the delivery of City water to a building, lot, or preinises at the curb; provided, that when any lot contains more than one building or any btiilding is divided into separate functional units, such building or lot as the case may be shall not be an additional service if it is owned by one person and all water so used is paid for by one person; and further provided, that the Director of Public Util.ities inay specify for any lot or l,ililding the nuirber of separate water services which is deemed nc,cessary to mcet the requirements for water supply. (c) ;-:ater usage - As used in this chapter, water usage shall be taken to mean the use or the right to use City water delivered through a City metcr into the building or dwelling to be serviced. Sec. 37-2. Application and contract for consumer service. The Director of Public Utilities is hereby authorized to furnish water service to consumers only upon application and contract, signed by the owner, agent, or tenant of the premises connected with the City water. system, agreeing t6 abide by the City ordinances governing the service and to pay the charges prescribed by law. The application and contract shall be made on printed forms furnished by the Department of Public Utilities, signed by the owner, agent, or tenant desiring to become a consumer; pro- vided, however, that the application and contract for consumer service for rnotels, hotels, and apartment buildings must be signed by the owner thereof unless there is a separate meter for each dwelling unit; and ptovided further, that no application by any tenant will be accepted until the E>licant produces sufficient proof th'at he has a leaseliold interest for term in excess of ninety days. c. 37-3. Eac h meter considered separate service. if any consumer is supplied through more than one ineter, each met.er all be considered as a separate service both as to water usage charges d as to meter -. maintenance charges and as to all other provisions of this apter, including application requirements and deposit fees. 37-4. Deposits.. (a) Any person who is not and who has not been a consumer with a proven credit experience with the City of Virginia Beach, Depart- ment of Public Utilities' shall, at the time application is made, deposit with the City a sum, as indicated in the schedule below, for each water usage account: 14ETER SIZE I 0 UN T 5/8" $ 2 5 . 0 0 3/4" 25.00 1. 25.00 11/2'. 50.00 2. 100.00 3" 150.00 i 4 250.00 6 300.00 B" and above Deposit ecual to estimate water consiiinption for one billing period (b) After any consumer has become delinquent in his bill, the Depart- ment of Public Utilities may require a deposit in an amount based on an estimated monthly bill in order to continue service. (c) Deposits may be refunded upon wr itten request to the Department of Public Utilities after six consecutive billing periods of main- taining payments on time. (d) No interest will be paid on deposits. Sec. 37-5. Procedure ,;hen property is vacated; charges f6r restoring service. (a) All owners or th6ir authorized agents after kiiowledge that their premises have been vacated shall promptly i)otify, in writing, the Department of Public Utilities to slitit off tlie consuiner supPlY Of water tliereto, and upon such notification in writiilg from the owner, or authorized agent, the Departinent of Public Utilitics shall effectually shut off the water to sucli premises and at the saine time, record the reading of the meter. (b) ilhen the service is shut off pursiiant to subsection (a) above, there shall be'a $10.00 charge for restoring service. (c) A 'may keep service intact during the vacancy of a ny -ny consumer premises by paying the miniinum meter - maintenance charges and minimum@,ater usage charges set forth in this chapter. (d) Where it is necessary to remove a meter, or where the removal of a meter is requested by the owner or authorized agent, the Charge for reinstallation of the meter shall be $25.00 for all meters up to 2"; for all meters 2" or great:er, cost of labor, materials, and equipment pl,us 25% for administration.' . (e) lqhenever service is abandoned, the charges for reconnection of service shall be as provided for in section 37-29 (a) - Sec.. 37-6. Water. for construction purposes. Contractors applying for water usage for buildings for construction purposes shall pay for the same at the regularly schedule-d wat,er us age-rates and mete@@ maintenance--rates,-. and shall be held respon- sible for all charges so billed, unti-1 such time as the contractor shall notify the Department 6f Public Utiliti.es, in writing, to. cut off the suppl3 Sec. 37-7. Public buildings to have meters; cliarges for water supply. All public buildings (including school buildings) , state, federal and municipal, in the City, as may be 6esignated by the Director of Public ut3-lities, shall have attached to the supply pipes connecting such build'ing@ with the water mains of the City_ such meters, for measuring the water suppl- furnished such buildings, as may be sel&cted 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. Water meters to remain property of City; repair and replacement of meters. All water meters installed by the Department of Public utilities or at the request of the Department of Public Utilities shall be at all times the property of the City and shall be maintained and repaired, when rendered unserviceable through wear and tear, and renewed by the City; provided, however, that where replacement, repairs, or adjustinents of any meter are rendered necessary by causes other than ordinary wear and tear, the expense caused to the City th ereby shall be paid by and collected from the consumer responsible for the meter at the premises. Sec. 37-9. Adjustment of abnormal billing due to leakage. The Director of Public Utilities is hereby authorized to adjust and settle such claims against the Department of Public Utilities for abnormal bills, due to leakage, as will in the judgment of the Director, work an injustice to the consumer unless corrected. Sec. 37-10. Waste of water; repair of leaking pipes, etc. No person shall permit the water to run from any hydrant, meter, cock, or fixture without proper care to prevent waste. If any pipe, hydrant, mete cock or other fixture be found leaking, the owner of the premises shall have the necessary repairs made immediately 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 the Director of Public Utilities are hereby authorized to promulgate reasonable rules and regulations restricting the use and consumption of water supplied by the City of Virginia Beach, and may regulate or prohibit any or all nonessential uses of water. Violation of any of the rules and regulations so established shall, for a first offense, be punished as a Class III misdemeanor. Any second or subsequent o@nse shall be punished as a Class-II misdemeanor. The Manager or the Director may al so reqtiire the owner or occupant of any premises to equip and maintain stich promises with fixtures of approved design and quality which prevent inefficient use of water and conserve the City's water supply. Sec. 37-12. Turning off water for purposes of repairs. In case of breaks in the mains, servic6s, pumping machinery, reservoirs or other water works equipment making it necessary to shut off the water, or when it is necessary to shut off the water for the purpose of repairing, extending or cleaning the mains, previous notice will, if practicable, be given, but in no case will any claim for damages due to water being shut off be allowed. Sec. 37-13. Use of fire hydrants. Fire hydrants are provided for the sole purpose of extinguishing fires, and all persons, except the Department of Fire and the Department of Public Utilities or such persons as may be specifically authorized by the Director of Public Utilities are hereby prohibited 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. Violation of this section shall be considered a Class I misdemeanor. Sec. 37-14. Private fire protection systems. (a) No City water shall be used for private fire protection systems unless the customer installs, at his cost, a detector check valve and by-pass meter of a type and at a location approved by the Department of Public Utilities. (b) The customer shall pay the cost of all labor, materials, and equipment for any facility installed by the Department of Public Utilities in order to accommodate a private fire protection- system, plus 25% of that cost for administration. (c) No person shall use water from a private fire protection system other than for extinguishing a fire, without the written consent of the Director of Public Utilities. If water from a private fire protection system is used in a manner not authorized herein, all water usage shall be cut off unless such unauthorized use is terminated immediately upon notice from the Department of Public Utilities and payment is made for all water so used. (d) No charge shall be made for water used to extinguish fires, but a $2.50 monthly service fee is hereby iniposed for reading and maintaining meters and inspecting the systems. Sec. 37-15. Access to premises supplied with water. The Director of Public Utilities and his agents shall have free access at all reasonable hours to all parts of any premises to which water is sup,plied to make necessary examinations, repairs, or alterations. Sec. 37-16. Obstructing valves, manholes, meters, etc. (a) It shall be unlawful for any person to place upon or about any gate valve, manhole, fire hydrant, stop cock, meter or meter box connected with the water pipes of the system of water works, any object, material, debris or structure of any kind which will prevent free access to the same at all times. (b) It shall be the responsibility of the owner or occupant of all premises upon which -Ihese facilities are placed that there be a one foot clearance around all such facilities; provided however that there be a three foot clearance surrounding any fire hydrant. Sec. 37-17.'Turning water on or off; tampering with appliances. No person, or his agent, except employees of the Department of Public Utilities,@ shall cut off or turn on water at any City curb cock or meter nor remove, disconnect or tamper in any way with any water meter, water connection, fire hydrant, lock, curb cock or curb box, or any part thereof, or any other equipment installed by the Department of Public Utilities in connection with the water system without previous permission, in writing, from the Department of Public Utilities so to do; provided, that in case of necessary emergency repair work to be don.e 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 before. In such cases, notice ot 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. Sec. 37-18. city to itiake connections. No person, except the properly authorized agents of the Director of Public utilities, shall tap or make any connection with the main or distributing pipes of the City water works system. Sec. 37-19. City not responsible for damage. The City will not be responsible for any damage caused by defective plumbing or open outlets when water is turned on by the order of the Director of Public Utilities, or by request of any owner, lessee, or agent. Sec. 37-20. Straight connections (a connection without meter) in or outside of meter boxes; changing service pipe from one tap or meter to another. It shall be unlawful for any person to install a straight connection in or outside of meter boxes where meters have been removed, or to change any service pipe from one tap or meter to another, without first obtaining permission in writing from the Department of Public Utilities. it shall further be unlawful 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 therefore at the regular water usage., 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 flealth 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 tlie burstir of any main, service pipe or cock, fire hydrant, nor from the shutting off -@f water for repairs, extensions or connections, or from the accidental failure of the water supply from any cause whatsoever. In cases of mergency the City shall have the right to restrict the use of water in ny reasonable manner for the protection of the City and its water supply. ec. 37-23. Penalty for violation of chapter. Any person who shall violate any of the provisions of this chapter, or which there is no other penalty provided, shall, upon conviction ereof, be guilty of a Class III misdemeanor, and each days continuation f a violation shall be consi.dered a separate offense. Any such person hall furthermore be liable for all damage, loss and expense suffered r incurred by the City as a result of such violation. ARTICLE II. BILLING. ec. 37-24. Division of City into zones. The Director of Public Utilities is authorized to divide the City nto zones, as many as may be exoedient, in order to expedite the reading f the meters and the collection of the water. bills. ec. 37-25. I%Then water bill payable. The Director of Public Utilities is hereby authorized to bill all onsumers no less frequently than bi-monthly, in accordance with their ocation in the City for the service rendered, and such bills shall be ue and payable within 10 days from the date of the bills. The Director of Public utilities is further authorized to send one ill for water usage and meter @.@---.-.maintenance @harges along with harges for sewer system maintenance, to those customers who are pro- ided with both services. ec. 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 ha.s not been paid within the time limit specified hereafter. Should any bill not be paid when due, the consumer Shall be deemed delinquent thirty (30) days after the date of the bill. The Depart- ment of Public Utilities shall notify the consumer in writing of such delinquency, and shall direct thd consumer to show cause within fifteen (15) days why water service should not be discontinued. When water service is discontinued pursuant to this section, water shall not again be turned on until all arrearages and charges shall have been paid including a charge of $10.00 for turning the water on, if the premises are occupied by the same consumer who incurred the bill; pro- vided that any consumer delinquent or in arrears shall settle all past indebtedness wherever incurred before again being served City water. Sec. 37-27. Unauthorized water turn on. Should the water be cut off from any premises by the Department of Public Utilities for the non-payment of a bill or for any other cause, and afterwards be found turned on without authorization of the Department of Public Utilities, the service may be discontinued and shall ot be restored until the unauthorized user shall pay all delinquent bills; and in addition thereto, the sum of $50.00 for reinstitution of water usage. It shall be unlawful for anyone to use water obtained through any water service which has been discontinued. ARTICLE III. CONNECTION AND INSTALLATIOM Sec. 37-28. Connection required. The owner of any dwelling or other building in which human beings live or congregate shall, whenever a public water line bereafter is made available by the City, connect such building or dwelling with such water line, within one (1) year after such line becomes availabe. Date of availability shall be that on which notice is given by publication or by mailing or delivering notice to the affected property. However, the Director of Public Health may require connection within sixty (60) days if, in his opinion, a health hazard exists. If, at the time of enactment of this ordinance, a water line is already in ground and capable of serving any property as defined, then the owner shall effect a connection thereto within one (1) year of the effective 6ate of this ordinance. However, the Director of Public ealth may require connection within sixty (60) days if, in his opin- ion, a health hazard exists. I I It shall be unlawful for any person to occupy, lease or rent any remises in violation of this section. Each day of occu,nancy or use of ny premises in violation of this section shall constitute a separate nd distinct offense. Sec. 37-29. Connection and installation fees. (a) Connection to a City water line (tap fo@e): 3/4" Tap and 5/8" Meter . . $220.00 1" Tap and Meter . . . . . .. $285.00 11/2 Or larger Tap and Meter .. Cost of labor, materials and equipment plus 25% for admin- istration. 5/8" or 3/4" Meter and appurtenances only . . . . $120.00 1" Meter and appurtenances only . . . . . . . . $185.00 11/2" Or larger meter and appurtenances only . . ... . . . . . . . . . . . . . . . . Cost of labor, materials and equipmeiit plus 25% for admin- istration. When the installation requires a combination of a different size tap and meter than listed above, the charges will be based on cost of installation of labor, materials, equip- ment plus 25% for administration. For 11/2" taps, $750.00 shall be placed in escrow by the applicant and $875.00 for 2" taps shall be placed in escrow at the time of application. For taps in excess of 2", the amount placed in escrow shall be based on estimate 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, materials, and equip- ment plus 25% for administration. A deposit shall be placed in escrow in advance of the estimated cost as determined by the Department of Public Utilities. The following fees shall also be applicable to presently connected uses or structures whenever a present use or structure is expanded, changed or modified. In such cases, the fees shall be determined on the basis of the total proposed new uses or structures, less a credit at current rates for the presently existing uses or structures or the last structure if previously demolished, provided the proderty has not been vacant for more than five years, with no credit after five years. (b) Property owners' share of system installation, where connection is made 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 footage, tlie 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. l@enever a water line is located on two sides of a parcel, the shorter side shall be the one upon which the determination of front footage shall be calctilated. Whenever a line is located on only one side of a parcel, that side shall be used for the purpose of front footage. (2) Motels, hotels, and structures with two or more fainily units: For the first unit . . . . . . . . . . . . $500.00 For the next unit to 12 units per acre density; per unit or fraction thereof . . . . . . . . . . . .$160.00 For the next units from 13-24 units per acre density; per unit or fraction thereof . . . . . . .$ 3 15. 00 For the next units from 25-36 units per acre density; per unit or fraction thereof . . . . . . .$4 7 0. 0 0 For all units over 36 units per acre density; per unit or fraction thereof . . . . . . . . . . . .$500-00 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 the square footage occupied by all other existing uses. (3) Nursing and convalescent homes, per room (Calculated at 2 beds = 1 room) . . . . . . . . . . .$125.00 (4) Trailers, per space . . . . . . . . . . . . . . . . . .$160.00 (5) Professional and office buildings, per 600 square feet of building area . . . . . . . . . . . . . . . .$125.00 (6) Retail stores and shopping centers; per square foot of floor space . . . . . . . . . . . . . . . . .$ .09 (7) Industrial manufacturing, wholesale, assembly ' processing and distribution facilities domestic use; fee per square foot of floor space . . . . . . .$ .09 Separate warehouse facilities used for storage only where no industrial, manufacturing, or processing takes place shall pay a fee of $.02 per square foot of floor space. (8) Restaurants - Establishments serving prepared food and drink: For the first 10 seats . . . . . . . . . . . . . . . .$500.00 For the next 40 seats; fee per scat . . . . . . . . . . . . . . . . . . .$ 15.00' For all seats over 50 sea@s; fee per seat . . . . . . . . . . . . . . . . . . . .$ 25.00 (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 comparable uses, taking into account the hours of operation, type of use, location, and other criteria determinative of estimated flow; then (ii) This estimated daily flow will be divided by 400, yieldin a demand units figure; then (iii) This demand units figure will be multiplied by the minimum fee applicable to a single family residence. (iv) if an estimated flow cannot be accurately determined, the Director of Public Utiliti.es is atithorized to accept a deposit in advance of actual flows, with the fee to be determined 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 to a line or purip station being a part of a system within the City installed or purchased overall in part by the City and in part by another party or parties. These fees shall only apply when the property to be served is a portion of the original property for which the water lines were installed by the private party or parties. Further, fees in this section (c) shall not apply where connection is made to lines purchased by the City of Virginia Beach. (1) Single-family residence; each . . . . . . . . . .$190.00 (2) Motels, 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 . . . . . . . . . $ 9 5. 0 0 For all units over 12 units per acre density; per unit or fraction thereof . . . . . . . . . $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 the square footage occupied by all other existing uses. (3) Nursing and convalescent homes; per room (Calculated at 2 beds = I 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 shopping 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 no industrial, manufacturing, or processing takes place shall pay a fee of $.01 per square foot of floor space. (8) Restaurants - Establis hments 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 seats; fee per seat . . . ... . . . . . . . . . . . . $ 10.00 (9) In zi)l ciscs tl)e lif;c, or I)C)t descril.)ccl lier(-,illill)c)ve, fec,@; for tlie strx)cttire, aci(liti.on, ii,olificatioii or oxl)aiision tlic@l--Cto sliall I)c co;ppiited as follows: (i) The estiT,,iitod (lail,y flow of the 1'roi)osed tise shall fi-rst be detey-iriil-lcd I)y tli(,- Dol),Irtment-, of Public Utilitics, based on simi-lzir Icttial flol,;s for coini),irable tifO-S, talilig into account tlic hours of operati.oii, t@,pe of use, location aiid other criteria determinative of estil'@lated flow; (ii) This estiinated daily flow will be (livided by 400, ielding a demazid units figure; then y (iii) This demand units figure will be multiplied by the minimum fee applicable to a single family residence. (iv) If an estimated fld%q can not be accurately determined the Director of Ptiblic Utilities is authorized to accept a deposit in advance of actual flows, with the fee to he detei--inined after one year of actual con- sumption, as ner (i) through (iii) above. .(d) Special line fee for seasonally operated@camp site parks connec-le to any City icater main: Per camp space . . . . . . . . . . . . .I. . . . . . . . . . $70.0 Provided that to obtain such fee, the owner shall enter into @ contrac th the City providing that at such future time that the camp park is con- rted to year-rouiid use, fees specified in paragraphs (b) (4) and (c). (4) this section shall become applicable and the owner shall nay the dif- rence in such fees at time of conve-rsion to year-round use. (e) In no event shall any line fee for any purpose enumerated in paragraphs (b) through (d) above he less than the amount cal- culable if the fees in question were to be determined for a single family residence. lihere more tllan one use or more than -one structure is to occur on a single parcel of land, the minimum amount shall apply separately to each individual use or structure. (f) No building permit shall be valid nor shall any water or sewer tap be installed for any property until fecs provided for in this section shall have been paid. (cj) In the case of existihg contract agreements between owners and the City regarding fees and waiver of fees, such agreements shall remain in effect. (h) The Director of Public Utilities is hereby authorized to accet)t on behalf of the City notes for the payment of such Iiiie fees as are due. The terms of such notes shall be: one-fourth of the line fed 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 install6i-,ients at a rate of interest of eia',ii percent per annuri. Providod, lio,,,;ever, that aily customcr who is chartered undor th2 regulations of tlie Internal noventic Service as a iion-profit organization and c@in prove such sta,tus, t@ne ter-ms of the note to be acceptcd inAy provide for one-fifth down paytnent, with the balance due in four equal, annual in- stallments, with a rate of interest at eight percent per annum. (i) When a hardship exists, t@e'Director may allow the down payment to be paid by installments over a one year period; or, if,the property is being offercd for sale, the Dirc-,ctor illay ent6@ into aii agreemcnt whoreby all fces shall be paid from the proceeds of the sale or within ninety (90) days of the date of tlie Igreeinent, whichever shall be the sooner. Sec. 37-30. Line fee exemptions - For certain clderly persons. (a) Li)ie fee exeini@t@.on is provi(led for certain property owners who qua]-ify under subsection (b) of this section. TIle exemption is to be administered by tlie city manager or his autl)orized delegate, herein referred to as tlie administrator. The administrator is hereldy authorized and empowered to prescribe, aaopt and enforce rules and regulations, including the requirement of answers under oath, as may be reasonably necessary to determine qualifications for exemotion. The administrator inay require the production of certifiea tax returns and appraisal reports to establish income and kinancial worth. (b) Exemptions shall be granted subject to the following provis ions: (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 installation or scheduled date of installation, whichever comes first, of the water line. (2) The owner of the title or partial title is sixty-five years of age or older at least one 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 the water line is the sole dwelling of the applicant claiming the exemption. (4) The total combined income of the owner and the owner's rela- tives living in the household 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 equita@le 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 th6- 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 com- bined 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 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, within twelve months after the water line exeinption is obtained, the applicant's financial positi-on shotild change so that its effect would be to remove the person liolding the exemidtion froin within the limits and standards of this section, tlaen the person holding the 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 this section shall be guility of a misdemeanor and upon conviction thereof shall be punished by a fine not exceed- ing one thousand dollars or confinement in jail not exceeding twelvc months or both. Sec. 37-31. Same - For certain financially disadvantaged persons. (a) Line fee exeinption is provided for certain financia@lly disadvantaged property owners who qualify under subsection (b) of this section. The exemption is to be administered by the city manager or his authorized delegate, herein referred to as the administrator. The administrator is hereby authorized and empowered to prescribe, adoot and enforce rules and regulations, including the requirement of an- swers under oath, as may be reasonably necessary to determine qual- ifications for exemption. The administrator may require the pro- duction of certified tax returns and appraisal reports to establish income a-nd financial worth. (b) Exemptions shall be granted subject to the following provisions: (1) Title to the property for which the line fee exemption is sought must be held or partially held by the applicant at leas one hundred and twenty days prior to the installation or scheduled date of installation, 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 exempti-on. (3) The total combined income of the owner and the owner's rela- tives living in the hous-ehold during the year immediately 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 ass'ef---- 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 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 combine income and their net combined financial worth. (d) lqhere the person claiming exemption conforms to the standards and does not exceed the limitations contained in this ordinance, the lin fee exemption shall be as shown on the following schedule: Total Income, All Sources lixemption $ 00.00 - $2,000.00 100% $2,001.00 - $3,000.00 80% $3,001.00 - $4,000.00 60% I h;-n af tcr t@1,2 ion is ob'- *;,-,3, the fi])L@@, - I Iciil so tll,-@t its c@@fc-ct @,:c),,ild be to )-@ii!c)vc )Inlcling "lie c,xc.it@@>t.ion froir witllin tllr-l lijnits z@nd stai-j(ljjl. -",s of t.h)Ls sec- tion III)en tlie 1)erscn liolcling tlie c-,xeinption @hall rr--fiind tlic amount of tliq exemption to tlie City. (f) Any person or persons falsely claiining In excitiption or violating any provision of this sc,.ction sliall be giailty of a misdomeazior and uoon conviction tliereof sliall be punished by a fine not excee@ing one tlic)usand do]-lars or confinement in jail not excceding twelve months or both. (Ord. No. 542.) c. 37-32. @later , Maintenance Charges. Each consumer shall pay a m.onthly meter -maintenance charge as follows r each meter connecting his premises with the City water system: Size Monthly Charge 5/8" $ .75 3/4. $ 1.00 ill $ 1.95 1 1/2' $ 4.35 2" $ 6.00 3" $ 12.00 41, $ 2 2 . 0 0 6" $ 48.00 81, $ 96.00 101, $152.00 12" $216.00 Fire Hydrant Meter $ 12.00 c. 37-33. Ilater Usage Rates. In addition to the charges provided for in Section 37-32, each nsumer shall pay for water usage according to the following rate schedule: Consumption Rate. 0-4,000 cubic feet $ . 6 7/10 0 cubic feet/ (0-30,000 gallons) bi-monthly 4,001- 40,000 cubi6 feet $ .66/100 cubic feet/ (30,001-300,000 gallons) bi-monthly 40,001 and above cubic feet $ .64/100 cubic feet/ (300,001 and above gallons) bi-monthly All consumers shall pay a minimum water usage fee of $2.50 per month. ere a consumer uses more than one meter, the rates orescribed by this section all apply separately to each meter. c. 37-34. Payment. In any case where fees required by this chapter are paid by check, aft, or other instrument and the check or other instrument is returned r any reason, no tap shall be installed or if already installed, the ter service and/or water usage shall be discoxitinued until full payment is ceived. ec. 37-35. Test of llater @leter. Any consumer shall have the right to demahd that the meter tlirough ich water is being furnished be examined and tested by the Department f Public Utilities for the purpose of ascertaining whether C)r not it s registering correctly the amount of water which-is being delivered hrough it by such Department to such onsumer; provided, that-when any onsumer desires to have such meters so examined and tested, such con- umer shall make application therefore in writing to the Department and hall deposit with such application the amount charged for the various izes, as follows: Size Fee 5/8" meter $25.00 3/4" meter $25.00 ill meter $25.00 1 1/2" meter $35.00 2" meter $35.00 3.1 meter $35.00 4" meter $50.00 In excess of 4" meter Estimated actual cost of labor, meterials and eauipment plus 25% for adninistrative cost f, upon such examination and test, the meter shall be found to register % or m,-)re ,.iatp-r consi)mption than actually passes through it, the meter hall be corrected and the fee charged in the application for a test shall e refunded to the person making the application and the water bill cor- espondingly corrected. !4henever a meter is out of order and fails to egister, the consumer shal 1 be charged with an average daily consumption s shown by the meter when in good wroking order and registering correctly. ec. 37-36. Moving tap and meter; cost. I-Ihenever a City water rnain is constructed or extended into a street upon hich an abutting parcel is being provided water service or usage by a ser- ice line to a non-abutting street, the Department of Public Utilities may equire the water meter and tap to be relocated from its previous location 0 a new connection with the abutting water main or extension thereof. Ilhenever the City effects such relocation, the consumer shall pay the ost of labor, material and equipment, plus 25% for administration. ARTICI@'E IV TP)@14INATIOI@ 07-Si@RVI(@'I", UPON Ry-,C)t)l-:ST OF I'RIVA'I'E Sl@l-I'AGE 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 ser'vice rendered, and who has beenInot.ified pur-suant to State statute to cease disposal of sewage into the system within two months may have their service terminated upon request of the 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 comoany shall notify the custoner in writing that N.@ater service shall be discontinued by the City if payment for the delinouent sewerage bill is not received by the utility within ten (10) days. (b) After the ten (10) days has expired, the private utility comoany. inay notify the Department of Public Utilities to turn off water service to the respective property. A copy of such notification shall be sent to the customer. (c) Within five (5) days after receipt of the notice from the private utility company, the Deoartment of Public Utilities will turn off water service and hang a notice of turn-off on the front door of the premises explaini-ng the reason for discontinuation of service. (d) Upon iiotification from the private utility company that service is to be restor@,the City of Virginia Beach will restore 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 sh@ll be billed directly to the private utility corrpany. The Department of Public Utilities will not make any monetary collection for priva utility companies. (f) The Department of Public Utilities will not be liable for any damac-, resulting from the discontinuance of water service when requested s, to do under this section. I ,r I I I ARTICLE V CROSS-CblftFLCTIO@ rCtITROL Sec. 37-3a D@LFINITIORIS A. Airgap - Th-. unobstructed vertical distance through@a frac atmospherc between the lo@qest perir-.;eter of a i-,,atcr ou'@let and the flood-level ri@m of any receptacle. This distance %qill be a miniriuin of ti,,-o tinies the dianieter of tt,e outlet. (In case of near-walls, this distance will be three times the dianicter of the outlet). B. Auxiliary supply - Any %-;ater source or systeni other tha-I the public water supply that P.;ay be available in the building or premises. C. Backfloii - The re%tersal of flow frm, its intended direction as a. result of backsipfionage or backpressure. D. Bureau - Commonvicalth of Virginia, Department of Health, Bureau of Sanitary Engineering. E. Contamination - Any introduction into pure water of micro-organisms, wastes, viaste,,.Iater, undesirable chenlicals, or gises. F. Cross-connection - Any physical connection bet@.ieen a potable %,later supply and any viaste pipe, soil pipe, se,.,ier, drain, or a,,iv unapproved y n -t source or s ste.. Furthermore, it is any potable water slipply Outl- whicli is submerged or can be submerged in waste'and/or ottior source of .contamination. G. Double check valve assembly An assembly of two internally loaded, specially designed and independently operating check valves together with a tightly closing stiit off valve on the upstreavi and th-- do@instream side of "he clieck valves equipped with properly placed female threadcd test cocks. 11. Existing ground level - The level above which @lurface water will not accumulate under normal conditions. 1. Flood-level rim - The top edoe of the receptacle over which water could overflovi. J. Hazard - Any co nditions, devices, or practices in @he water usage syste@n"' and its operation %-ihich create, or in the judgiiient of th-, Director o" Pei@init@ and Inspections, may create, a daiiger to the health aild well-being of the water consumer. K. Director of Permits and Ins@ections - Whenever used, tliis term shall includ-- the Director and Iiis designated agent or agents. L. 01/2viier - Tlie pcrson in charg--, care, and control of the property; the tenant; the cus+cniei- v:ho signed tlie viater s,@rvice agrec@-,;cnt. M. Pollution - T@,e pt-esence of any for-ign sub,ltat)ce (cii-,mical, physical, radiological, or biologi,:31) in @qater that ter,,ds to dcg@-ade its qualil-ly so as to constitlit-@ an Li.,inecessary i,isk or ini,@air the usefulness of the vtater.