§ 15.2-100. Charter powers not affected by title.

Except when otherwise expressly provided by the words, "Notwithstanding any contrary provision of law, general or special," or words of similar import, the provisions of this title shall not repeal, amend, impair or affect any power, right or privilege conferred on counties, cities and towns by charter.

(Code 1950, § 15-2; 1962, c. 623, § 15.1-1 ; 1997, c. 587.)

Transition provisions.

Senate Joint Resolution No. 2 of the 1994 Acts of Assembly directed the Virginia Code Commission to study Title 15.1 of the Code of Virginia and to report its findings in the form of a revision of Title 15.1 to the Governor and the General Assembly. In October of 1996, the Commission sent to the Governor and the General Assembly its report containing the proposed revision of Title 15.1 which was published as Senate Document No. 5 of the 1997 Session. The Commission's draft of the revision of Title 15.1, as amended by the General Assembly, became c. 587 of the Acts of 1997, effective December 1, 1997.

Acts 1997, c. 587, cl. 2 provides: "That whenever any of the conditions, requirements, provisions or contents of any section or chapter of Title 15.1 or any other title of the Code of Virginia as such titles existed prior to December 1, 1997, are transferred in the same or modified form to a new section or chapter of Title 15.2 or any other title of the Code and whenever any such former section or chapter is given a new number in Title 15.2 or any other title, all references to any such former section or chapter of Title 15.1 or other title appearing in this Code shall be construed to apply to the new or renumbered section or chapter containing such conditions, requirements, provisions, contents or portions thereof."

Acts 1997, c. 587, cl. 3 provides: "That the regulations of the Commission on Local Government in effect on the effective date of this act [December 1, 1997] shall continue in effect to the extent that they are not in conflict with this act and shall be deemed to be regulations promulgated under this act."

Acts 1997, c. 587, cl. 4 provides: "That this recodification of Title 15.1 as Title 15.2 shall not be construed to require the reappointment of any officer or any member of a board, council, committee or other appointed body referred to in Title 15.2 and each such officer and member shall continue to serve for the term for which appointed pursuant to the provisions of Title 15.1."

Acts 1997, c. 587, cl. 5 provides: "That this recodification of Title 15.1 as Title 15.2 shall not be construed to affect the term of office of any elected officeholder holding office on December 1, 1997."

Acts 1997, c. 587, cl. 6 provides: "That the provisions of § 9-77.11 [now § 30-152] of the Code of Virginia shall apply to the codification of Title 15.2 so as to give effect to other laws enacted by the 1997 Session of the General Assembly notwithstanding the delay in the effective date of this act."

Acts 1997, c. 587, cl. 7 provides: "That the repeal of Title 15.1 effective as of December 1, 1997, shall not affect any act or offense done or committed, or any penalty incurred, or any right established, accrued or accruing on or before such date, or any proceeding, prosecution, suit or action pending on that day. Except as otherwise provided in this act, neither the repeal of Title 15.1 nor the enactment of Title 15.2 shall apply to offenses committed prior to December 1, 1997, and prosecution for such offenses shall be governed by the prior law, which is continued in effect for that purpose. For the purpose of this enactment, an offense was committed prior to December 1, 1997, if any of essential elements of the offense occurred prior thereto."

Acts 1997, c. 587, cl. 8 provides: "That any notice given, recognizance taken, or process or writ issued before December 1, 1997, shall be valid although given, taken or to be returned to a day after such date, in like manner as if this title had been effective before the same was given, taken or issued."

Acts 1997, c. 587, cl. 9 provides: "That if any clause, sentence, paragraph, subdivision, section or part of this title shall be adjudged in any court of competent jurisdiction to be invalid, the judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which the judgment shall have been rendered, and to this end the provisions of this title are declared severable."

Acts 1997, c. 587, cl. 10 provides: "That any political subdivision which became a member of an authority under Chapter 28 ( § 15.1-1239 et seq.) of Title 15.1 prior to December 1, 1997, may continue to be a member of such authority and shall continue to have the rights and responsibilities of a member of an authority described in Chapter 51 ( § 15.2-5100 et seq.) of Title 15.2."

Acts 1997, c. 587, cl. 11 provides: "That Chapter 18 of the Acts of Assembly of 1918 (carried by reference as § 15.1-35) is repealed."

Acts 1997, c. 587, cl. 12 provides: "That Chapter 241 of the Acts of Assembly of 1942 (carried by reference as § 15.1-90) is repealed."

Editor's note.

Acts 2002, c. 894, cl. 1 provides:

"Each board of supervisors of any county and each city or town council in the Commonwealth may prominently post the National Motto, '"In God We Trust," the National Motto, enacted by Congress in 1956', in a conspicuous place in the primary local government administrative building of the jurisdiction for all citizens to read.

"The Office of the Attorney General shall intervene on behalf of local governments and shall provide legal defense of the provisions of this section."

Acts 2002, c. 894, cl. 2 provides: "Any board of supervisors or city or town council may, at its discretion, accept contributions in cash or in-kind from any person, as defined in § 1-13.19 [see now § 1-230 ], to defray the costs of implementing this provision."

Effective date. - Title 15.2 is effective December 1, 1997.

Law review. - For survey of the Virginia law on municipal corporations for the year 1961-1962, see 48 Va. L. Rev. 1515 (1962). For survey of the Virginia law on administrative law and municipal corporations for the year 1964-1965, see 51 Va. L. Rev. 1387 (1965); for the year 1968-1969, see 56 Va. L. Rev. 154 (1970).

For article, "City of Canton v. Harris: Municipality Liability Under 42 U.S.C. Section 1983 for Inadequate Police Training," see 12 G.M.U. L. Rev. 757 (1990).

Research References. - Antieau on Local Government Law, 2nd Ed. (Matthew Bender). Antieau.

Michie's Jurisprudence. - For related discussion, see 1A Abatement, Survival and Revival, § 8; 5A M.J. Counties, § 2; 13B M.J. Municipal Corporations, §§ 1, 21.

§ 15.2-101. Certain laws and ordinances not affected by repeal of Title 15.1; validation of laws and ordinances adopted under § 15.1-522.

1. The repeal of Title 15.1 effective as of December 1, 1997, shall not affect the powers of any locality with respect to any ordinance, resolution or by-law adopted and not repealed or rescinded prior to such date.
2. The repeal of § 15.1-522 by this title shall not affect the exercise, by ordinance or otherwise, of any power conferred by this section upon any county which on November 30, 1997, was vested with such power and on or before such date exercised the power; and every power so conferred, vested and exercised is hereby continued in such cases.
3. For the purposes of this section, all laws and ordinances heretofore adopted by any county authorized to adopt such law or ordinance under former § 15.1-522 are hereby ratified, validated and confirmed, notwithstanding noncompliance with any technical requirement of such section.

   (1997, c. 587.)

Michie's Jurisprudence. - For related discussion, see 5A M.J. Counties, § 38.

OPINIONS OF THE ATTORNEY GENERAL

Subsection A of this section does not grandfather "suitability of land provisions" contained in sections of a county code. See opinion of Attorney General to Elizabeth K. Dillon, Esq., Botetourt County Attorney, 08-070 (1/6/09).

§ 15.2-102. Definitions.

As used in this title unless such construction would be inconsistent with the context or manifest intent of the statute:

"Board of supervisors" means the governing body of a county.

"City" means any independent incorporated community which became a city as provided by law before noon on the first day of July, nineteen hundred seventy-one, or which has within defined boundaries a population of 5,000 or more and which has become a city as provided by law.

"Constitutional officer" means an officer provided for pursuant to Article VII, § 4 of the Constitution.

"Council" means the governing body of a city or town.

"Councilman" or "member of the council" means a member of the governing body of a city or town.

"County" means any existing county or such unit hereafter created.

"Governing body" means the board of supervisors of a county, council of a city, or council of a town, as the context may require.

"Locality" or "local government" shall be construed to mean a county, city, or town as the context may require.

"Municipality," "incorporated communities," "municipal corporation," and words or terms of similar import shall be construed to relate only to cities and towns.

"Supervisor" means a member of the board of supervisors of a county.

"Town" means any existing town or an incorporated community within one or more counties which became a town before noon, July one, nineteen hundred seventy-one, as provided by law or which has within defined boundaries a population of 1,000 or more and which has become a town as provided by law.

"Voter" means a qualified voter as defined in § 24.2-101 .

(Code 1950, § 15-1 ; 1962, c. 623, § 15.1-6; 1997, c. 587.)

Michie's Jurisprudence. - For related discussion, see 5A M.J. Counties, § 31.

Applied in Miller v. Highland County, 274 Va. 355 , 650 S.E.2d 532, 2007 Va. LEXIS 119 (2007); Frace v. Johnson, 289 Va. 198 , 768 S.E.2d 427, 2015 Va. LEXIS 16 (2015).

CIRCUIT COURT OPINIONS

Failure to name necessary party. - Petitioners failed to name a necessary party, the City Council of Roanoke in the petition, but instead named Roanoke City, which was not the governing body required under this section. Because petitioners made no motion during the 30-day period to amend the petition, the circuit court lacked discretion to permit amendment of the petition once the 30 days had passed. Marsh v. Roanoke City,, 2021 Va. Cir. LEXIS 19 (Roanoke Feb. 6, 2021).

OPINIONS OF THE ATTORNEY GENERAL

Effect on charter. - There would be no effect on the existing charters of the county and a town within the county should the county become a city pursuant to Chapter 39 of Title 15.2. In the event the county becomes a city, there would be no impact on the legal powers of or limitations on the city and the town. See opinion of Attorney General to The Honorable J. Chapman Petersen, Member, Senate of Virginia, 09-046, 2009 Va. AG LEXIS 38 (8/24/09).

Effect on status. - In the context of this statute, there is no substantive legal distinction between a town and a township. See opinion of Attorney General to The Honorable J. Chapman Petersen, Member, Senate of Virginia, 09-046, 2009 Va. AG LEXIS 38 (8/24/09).

A town is immune from liability for failure to erect or maintain traffic control devices on subdivision streets that are not compliant with Transportation Department standards and have not been accepted into the state secondary highway system. See opinion of Attorney General to Mr. Randall R. Hamilton, Town Attorney for the Town of Berryville, 00-018, 2000 Va. AG LEXIS 61 (10/31/00).

A town is immune from liability for any injury sustained from a fall on an unpaved or unfinished street or curb by a pedestrian after streets in the town are accepted into the secondary system of state highways by dedication. See opinion of Attorney General to Mr. Randall R. Hamilton, Town Attorney for the Town of Berryville, 00-018, 2000 Va. AG LEXIS 61 (10/31/00).

"Governmental entity." - "Governmental entity" logically includes local governments. See opinion of Attorney General to Honorable Stephen G. Bowman, Commissioner, Virginia Marine Resources Commission, 19-017, 2019 Va. AG LEXIS _ (9/6/19).

§ 15.2-103. Name "Mount Vernon" reserved.

The name "Mount Vernon" is reserved for the home and tomb of the late General George Washington in Fairfax County. The General Assembly shall not grant to any locality the right to use the name "Mount Vernon."

(Code 1950, § 15-24.4; 1956, c. 42; 1962, c. 623, § 15.1-34; 1997, c. 587.)

§ 15.2-104. Liens against real estate.

Notwithstanding any provision contained in this title to the contrary, wherever this title provides for or authorizes a lien upon real estate for a local assessment, fee, rent or charge, other than real estate taxes, not paid when due, such lien shall not bind or affect a subsequent bona fide purchaser of the real estate for valuable consideration without actual notice of the lien unless, at the time of the transfer of record of the real estate to the purchaser, a statement containing the name of the record owner of the real estate and the amount of such unpaid assessments, fees, rents or charges is entered in the judgment lien book in the clerk's office where deeds are recorded or is contained in records maintained by the local treasurer for real estate tax liens pursuant to § 58.1-3930 with respect to the real estate against which the lien is asserted. Any such lien binding on the owner of the real estate at the time of sale or other disposition shall be paid from the sale or other proceeds as real estate taxes assessed thereon are required to be paid. The clerk shall cause such statement to be entered and properly indexed against the record owner of the real estate, for which the clerk shall be entitled to a fee of two dollars per entry, or such other fee as may be specifically provided for such purpose in this title, to be paid by the locality or other political subdivision asserting the lien and to be added to the amount of the lien. If the amount of such lien and all accrued interest due thereon are paid in full, the locality or other political subdivision asserting the lien shall deliver a certificate evidencing such payment to the person paying the same, and, upon presentation of such certificate, the clerk having record of the lien shall mark the entry of such lien satisfied, for which he shall be entitled to a fee of one dollar, or such other fee as may be specifically provided for such purpose in this title.

(1994, c. 525, § 15.1-37.3:13; 1996, c. 612; 1997, c. 587.)

Research References. - Bryson on Virginia Civil Procedure (Matthew Bender). Chapter 18 Enforcement of Judgments and decrees. § 18.04 Equity. Bryson.

§ 15.2-105. Penalty and interest for failure to pay accounts when due.

Any person failing to pay, pursuant to an ordinance, any account due a locality on or before its due date, other than taxes which are provided for in Title 58.1, may, at the option of the locality, incur a penalty thereon of ten dollars or an amount not exceeding ten percent. The penalty shall be added to the amount of the account due from such person. No penalty shall be imposed for failure to pay any account if such failure was not in any way the fault of the debtor.

Interest at the rate of ten percent annually from the first day following the day such account is due may be collected upon the principal and penalty of all such accounts.

(1984, c. 520, § 15.1-37.3:6; 1985, c. 342; 1989, c. 366; 1992, c. 229; 1997, cc. 587, 700.)

Editor's note. - Pursuant to Acts 1997, c. 587, cl. 6, effect has been given in this section, as set out above, to Acts 1997, c. 700, which amended § 15.1-37.3:6, the comparable former version of the section. In accordance with c. 700, the amendment, in the first paragraph, divided the former first sentence into the present first and second sentences; in the first sentence, substituted "may, at the option of the locality, incur penalty" for "shall incur penalty," deleted "ten percent or" preceding "ten dollars" and substituted "or an amount not exceeding ten percent" for "whichever is greater," and inserted "The penalty" preceding "shall be added" in the second sentence.

§ 15.2-106. Ordinances providing fee for passing bad checks to localities.

Any locality may by ordinance provide for a fee, not exceeding $50, for the uttering, publishing or passing of any check, draft, or order for payment of taxes or any other sums due, which is subsequently returned for insufficient funds or because there is no account or the account has been closed, or because such check, draft, or order was returned because of a stop-payment order placed in bad faith on the check, draft, or order by the drawer.

(1973, c. 103, § 15.1-29.4; 1982, c. 20; 1997, c. 587; 1998, c. 502; 2004, c. 565; 2010, c. 708; 2011, c. 255.)

The 1998 amendments. - The 1998 amendment by c. 502 substituted "twenty-five" for "twenty."

The 2004 amendments. - The 2004 amendment by c. 565 substituted "$35" for "the amount of twenty-five dollars."

The 2010 amendments. - The 2010 amendment by c. 708 substituted "draft, or order" for "or draft" and inserted "or because such check, draft, or order was returned because of a stop-payment order placed in bad faith on the check, draft, or order by the drawer" at the end.

The 2011 amendments. - The 2011 amendment by c. 255 substituted "$50" for "$35."

§ 15.2-107. Advertisement and enactment of certain fees and levies.

All levies and fees imposed or increased by a locality pursuant to the provisions of Chapters 21 (§ 15.2-2100 et seq.) or 22 (§ 15.2-2200 et seq.) shall be adopted by ordinance. The advertising requirements of subsection F of § 15.2-1427 , or § 15.2-2204 , as appropriate, shall apply, except as modified in this section.

The advertisement shall include the following:

1. The time, date, and place of the public hearing.
2. The actual dollar amount or percentage change, if any, of the proposed levy, fee or increase.
3. A specific reference to the Code of Virginia section or other legal authority granting the legal authority for enactment of such proposed levy, fee, or increase.
4. A designation of the place or places where the complete ordinance, and information concerning the documentation for the proposed fee, levy or increase are available for examination by the public no later than the time of the first publication.

   (1987, c. 389, § 15.1-29.14; 1997, c. 587; 2005, c. 72.)

The 2005 amendments. - The 2005 amendment by c. 72 rewrote the first sentence; deleted the second sentence, which formerly read: "Such levies, fees and increases shall be enacted by ordinance following the public hearing"; in subdivision 4, deleted "and justification" preceding "for the proposed fee" in the first paragraph and the last two paragraphs, which formerly read: "No ordinance which imposes or increases levies and fees pursuant to Chapters 21 and 22 of this title shall be adopted unless fourteen days have elapsed following the last required publication of intention to propose the ordinance for passage" and "Any emergency ordinance which imposes or increases a levy or fee shall be enforced for no more than sixty days unless reenacted in conformity with the provisions of this section" respectively.

§ 15.2-107.1. Advertisement of legal notices on web sites.

In addition to any requirements that a locality advertise legal notices in a newspaper having a general circulation in the locality, such notices may also be published on the locality's World Wide Web site.

(2000, c. 434.)

§ 15.2-107.2. Alternative method for local government to give notice by mail.

Notwithstanding any other provision of law, general or special, a locality may give notice by regular mail in any instance in which two or more notices are required for the same action, the first notice is required to be sent by certified or registered mail, and at least one notice has previously been sent by certified or registered mail. Such notice shall be sent to the last address available through government records.

(2011, c. 127.)

§ 15.2-108.

Repealed by Acts 2007, c. 250, cl. 2.

Editor's note. - Former § 15.2-108 , pertaining to immunity from certain tort actions, was derived from 1999, c. 978.

§ 15.2-108.1. Local fees charged to places of worship.

Localities shall not charge any fee to any church, synagogue, or other place of worship unless authorized by general law or special act of the General Assembly. Nothing in this section shall apply to any fire prevention inspection fees.

(2012, c. 804.)

§ 15.2-109. Regulations on political campaign signs.

No locality shall have the authority to prohibit the display of political campaign signs on private property if the signs are in compliance with zoning and right-of-way restrictions applicable to temporary nonpolitical signs, if the signs have been posted with the permission of the owner. The provisions of this section shall supersede the provisions of any local ordinance or regulation in conflict with this section. This section shall have no effect upon the regulations of the Virginia Department of Transportation.

(2004, c. 388.)

OPINIONS OF THE ATTORNEY GENERAL

Restriction inapplicable to private homeowners' associations. - The restriction imposed by this section on a locality's authority to regulate the display of political campaign signs on private property does not apply to private homeowners' associations. See opinion of Attorney General to The Honorable H. Russell Potts, Jr., Member, Senate of Virginia, 04-060, 2004 Va. AG LEXIS 43 (9/30/04).

Invalid ordinance. - Any zoning ordinance that places heavier burdens or greater restrictions on temporary political signs than are placed on any other classification of temporary sign is pre-empted by state law, thereby rendering any such ordinance invalid. See opinion of Attorney General to The Honorable David Ramadan, Member, House of Delegates, 12-043, 2012 Va. AG LEXIS 23 (6/1/12).

§ 15.2-110. Authority to require approval by common interest community association.

No locality shall require, prior to the issuance of any permit, certificate, or license, including a building permit or a license for a business, profession, or child care facility, that the governing board of an association subject to the Property Owners' Association Act (§ 55.1-1800 et seq.), the Virginia Condominium Act (§ 55.1-1900 et seq.), or the Virginia Real Estate Cooperative Act (§ 55.1-2100 et seq.) consent to the activity for which the permit, certificate, or license is sought. The provisions of this section shall not be applied to limit or otherwise impinge upon the provisions of a condominium instrument as defined in § 55.1-1900 , the declaration of a common interest community as defined in § 54.1-2345 , or the declaration of a cooperative as defined in § 55.1-2100 .

(2016, cc. 254, 458.)

Editor's note. - To conform to the recodification of Title 55 by Acts 2019, c. 712, effective October 1, 2019, the following substitutions were made at the direction of the Virginia Code Commission: substituted "the Property Owners' Association Act ( § 55.1-1800 et seq.), the Virginia Condominium Act ( § 55.1-1900 et seq.), or the Virginia Real Estate Cooperative Act ( § 55.1-2100 et seq.)" for "the Condominium Act ( § 55-79.39 et seq.), the Property Owners' Association Act ( § 55-508 et seq.), or the Virginia Real Estate Cooperative Act ( § 55-424 et seq.)," "55.1-1900" for "55-79.41," "54.1-2345" for "55-528" and "cooperative as defined in § 55.1-2100 " for "real estate cooperative as defined in § 55-426."

Research References. - Virginia Forms (Matthew Bender). No. 16-529. Planned Unit Development Declaration of Covenants, Restrictions and Easements, et seq.

§ 15.2-111. Rescheduling or continuing meetings for weather.

By resolution adopted at a regular meeting, any political subdivision, board of zoning appeals, or other local government board, commission, or authority may fix the day or days to which a regular meeting shall be continued if the chairman, or vice-chairman if the chairman is unable to act, finds and declares that weather or other conditions are such that it is hazardous for members to attend the regular meeting. Such findings shall be communicated to the members and the press as promptly as possible. All hearings and other matters previously advertised shall be conducted at the continued meeting, and no further advertising is required.

(2020, c. 1143.)

§ 15.2-200. Required procedure for obtaining new charter or amendment.

No charter shall be granted to a locality by the General Assembly and no charter of a locality shall be amended by the General Assembly except as provided in this chapter or in Chapter 34 (§ 15.2-3400 et seq.) of this title.

(Code 1950, § 15-65.1; 1958, c. 329; 1962, c. 623, § 15.1-833; 1979, c. 297; 1985, c. 387; 1986, c. 312; 1997, c. 587.)

Law review. - For article on municipal home rule, see 10 Wm. & Mary L. Rev. 269 (1968).

§ 15.2-201. Charter elections; subsequent procedure; procedure when bill not introduced or fails to pass in General Assembly.

A locality may provide for holding an election to be conducted as provided in § 24.2-681 et seq. of Title 24.2 to determine if the voters of the locality desire that it request the General Assembly to grant to the locality a new charter or to amend its existing charter. At least ten days prior to the holding of such election, the text or an informative summary of the new charter or amendment desired shall be published in a newspaper of general circulation in the locality.

If a majority of the voters voting in such election vote in favor of such request, the locality shall transmit two certified copies of the results of such election together with the publisher's affidavit and the new charter or the amendments to the existing charter, to one or more members of the General Assembly representing such locality for introduction as a bill in the succeeding session of the General Assembly.

If a bill incorporating such charter or amendments is not introduced at the succeeding session of the General Assembly, the approval of the voters for such charter or amendments shall be void. If, at such session, members of the General Assembly fail to enact or pass by indefinitely and do not carry over such a bill incorporating such charter or amendments, the charter or amendments shall again be presented to the voters for their approval or submitted to a public hearing pursuant to § 15.2-202 before reintroduction in the General Assembly.

(Code 1950, § 15-65.2; 1958, c. 329; 1962, cc. 1, 623, § 15.1-834; 1979, c. 297; 1985, c. 387; 1997, c. 587.)

OPINIONS OF THE ATTORNEY GENERAL

Referendum. - County lacks the authority to conduct an advisory referendum regarding a proposed streetcar system. See opinion of Attorney General to The Honorable Patrick A. Hope, Member, House of Delegates, No. 14-065, 2014 Va. AG LEXIS 73 (11/6/14).

§ 15.2-202. Public hearing in lieu of election; procedure when bill not introduced or fails to pass in General Assembly.

In lieu of the election provided for in § 15.2-201 , a locality requesting the General Assembly to grant to it a new charter or to amend its existing charter may hold a public hearing with respect thereto, at which citizens shall have an opportunity to be heard to determine if the citizens of the locality desire that the locality request the General Assembly to grant to it a new charter, or to amend its existing charter. At least ten days' notice of the time and place of such hearing and the text or an informative summary of the new charter or amendment desired shall be published in a newspaper of general circulation in the locality. Such public hearing may be adjourned from time to time, and upon the completion thereof, the locality may request, in the manner provided in § 15.2-201 , the General Assembly to grant the new charter or amend the existing charter and the provisions of § 15.2-201 shall be applicable thereto.

If a bill incorporating such charter or amendments is not introduced at the succeeding session of the General Assembly, the authority of the locality to request such charter or amendments by reason of such public hearing shall thereafter be void. If at such session members of the General Assembly fail to enact and do not carry over or pass by indefinitely a bill incorporating such charter or amendments, the charter or amendments may again be submitted to a public hearing in lieu of an election as provided hereinabove before reintroduction in the General Assembly.

The locality requesting a new or amended charter shall provide with such request a publisher's affidavit showing that the public hearing was advertised and a certified copy of the governing body's minutes showing the action taken at the advertised public hearing.

(Code 1950, § 15-65.3; 1958, c. 329; 1962, c. 623, § 15.1-835; 1979, c. 297; 1985, c. 387; 1997, c. 587.)

§ 15.2-203. Legislation granting or amending charter evidence of compliance with requirements.

The passage of any legislation granting or amending any charter of a locality shall be conclusive evidence of compliance with the requirements of this chapter.

(Code 1950, § 15-65.4; 1960, c. 497; 1962, c. 623, § 15.1-836; 1985, c. 387; 1997, c. 587.)

§ 15.2-204. Uniform charter powers.

Cities and towns shall have all powers set forth in Article 1 (§ 15.2-1100 et seq.) of Chapter 11, known as the uniform charter powers. Such powers do not need to be set out or incorporated by reference in a city or town charter.

Counties shall have all powers set forth in Article 1 (§ 15.2-1100 et seq.) of Chapter 11 only when such powers are specifically conferred upon the county.

(1997, c. 587.)

Michie's Jurisprudence. - For related discussion, see 13B M.J. Municipal Corporations, § 25.

CIRCUIT COURT OPINIONS

Road construction. - Plaintiffs were not entitled to declaratory or injunctive relief because, while some of them had standing to object to a city's decision to grant a construction easement to the department of transportation (VDOT) over a portion of a public park, the conveyance was not within the category of evils considered by the framers of the constitution inasmuch as the ordinance at issue did not authorize a sale of the property, the city could have constructed the portion of the road on its own by a simple majority vote of the council, and VDOT could have acquired the easement by eminent domain. Coalition to Preserve McIntire Park v. City of Charlottesville, 97 Va. Cir. 364, 2009 Va. Cir. LEXIS 2084 (Charlottesville June 26, 2009).

OPINIONS OF THE ATTORNEY GENERAL

Town council may initiate contract negotiations. - A town council may initiate negotiations for the appointment of a town manager without a resolution of the council, so long as the contract and the appointment ultimately are approved by a vote of the council. See opinion of Attorney General to The Honorable David A. Nutter, Member, House of Delegates, 10-077, 2010 Va. AG LEXIS 56 (9/20/10).

§ 15.2-205. Use of provisions of chapter not authorized for certain purposes.

Notwithstanding any provision of law to the contrary, the statutes within this chapter shall not be used as authorization for ordering or holding any election or referendum the results of which would cause or result in the abolition of any office set forth in Article VII, Section 4 of the Constitution of Virginia until the abolition of any such office has first been provided for by a general law or special act on such question alone and approved in a referendum.

(1977, c. 684, § 15.1-836.1; 1979, c. 297; 1997, c. 587.)

§ 15.2-206. Special elections; request for abolition of certain local constitutional offices.

No bill to enact or amend a charter which has the effect of abolishing any office set forth in Article VII, Section 4 of the Constitution of Virginia shall be considered unless a referendum, elsewhere authorized by law, has been conducted in accordance with the provisions of § 24.2-685 , and a majority of the qualified voters voting thereon have approved the request for the enactment or amendment of the charter.

(1985, c. 586, § 15.1-836.1:1; 1986, c. 355; 1997, c. 587.)

§ 15.2-207. Boundaries of municipal corporations continued; charters not to contain metes and bounds; incorporated by reference.

The boundaries of municipal corporations remain as now established unless changed as provided in this title. No charter of any municipal corporation shall contain the metes and bounds of such municipal corporation, but the boundaries shall be incorporated therein by reference to the recordation in the clerk's office of the court where deeds are admitted to record of the final decree or order of the court establishing such boundaries or the act of the General Assembly by which they are defined. The part of the charter of a municipal corporation defining its boundaries hereafter amended shall not contain the metes and bounds of the municipal corporation, but the boundaries shall be incorporated therein by reference to the recordation of a final decree or order of court or to a General Assembly act.

(Code 1950, § 15.1-908; 1958, c. 328; 1962, c. 623, § 15.1-836.2; 1979, c. 297; 1997, c. 587.)

CIRCUIT COURT OPINIONS

Metes And Bounds Description. - Second town failed to state a claim upon which relief could be granted in its suit for declaratory judgment because there was no actual controversy upon which declaratory judgment could be based; the first town would still not be found to have no particular boundary on its western end, but the former metes and bounds description would stand, and the first town's boundary would be as described originally by metes and bounds. Town of Cedar Bluff v. Town of Richlands, 92 Va. Cir. 438, 2010 Va. Cir. LEXIS 329 (Tazewell County August 16, 2010).

OPINIONS OF THE ATTORNEY GENERAL

Authority of localities to regulate state-owned submerged lands. - Virginia localities do not have the authority to extend the application of their land use ordinances to state-owned submerged lands, therefore, for small renewable energy projects located on or in the waters above state-owned bottomland, there are no "applicable land use ordinances" for purposes of the certification requirement of subdivision B 2 of § 10.1-1197.6 . See opinion of Attorney General to Mr. David K. Paylor, Director, Virginia Department of Environmental Quality, 10-091, 2010 Va. AG LEXIS 88 (12/30/10).

§ 15.2-208. Boundaries of counties.

No county charter shall contain the description of the county's boundaries.

(1985, c. 387, § 15.1-836.3; 1997, c. 587.)

§ 15.2-209. Notice to be given to counties, cities, and towns of tort claims for damages.

1. Every claim cognizable against any county, city, or town for negligence shall be forever barred unless the claimant or his agent, attorney, or representative has filed a written statement of the nature of the claim, which includes the time and place at which the injury is alleged to have occurred, within six months after such cause of action accrued. Failure to provide such statement shall not bar a claim against any county, city, or town, provided that the attorney, chief executive, or mayor of such locality, or any insurer or entity providing coverage or indemnification of the claim, had actual knowledge of the claim, which includes the nature of the claim and the time and place at which the injury is alleged to have occurred, within six months after such cause of action accrued. However, if the claimant was under a disability at the time the cause of action accrued, the tolling provisions of § 8.01-229 shall apply.
2. The statement shall be filed with the county, city, or town attorney or with the chief executive or mayor of the county, city, or town.
3. The notice is deemed filed when it is received in the office of the official to whom the notice is directed. The notice may be delivered by hand, by any form of United States mail service (including regular, certified, registered or overnight mail), or by commercial delivery service.
4. In any action contesting the filing of the notice of claim, the burden of proof shall be on the claimant to establish receipt of the notice in conformity with this section. A signed United States mail return receipt indicating the date of delivery, or any other form of signed and dated acknowledgment of delivery, given by authorized personnel in the office of the official with whom the statement is filed, shall be prima facie evidence of filing of the notice under this section.
5. This section does not, and shall not be construed to, abrogate, limit, expand or modify the sovereign immunity of any county, city, town, or any officer, agent or employee of the foregoing.
6. This section, on and after June 30, 1954, shall take precedence over the provisions of all charters and amendments thereto of municipal corporations in conflict herewith granted prior to such date. It is further declared that as to any such charter or amendment thereto, granted on and after such date, that any provision therein in conflict with this section shall be deemed to be invalid as being in conflict with Article IV, Section 12 of the Constitution of Virginia unless such conflict be stated in the title to such proposed charter or amendment thereto by the words "conflicting with § 15.2-209 of the Code" or substantially similar language.
7. The provisions of this section are mandatory and shall be strictly construed. This section is procedural and compliance with its provisions is not jurisdictional.

   (2007, c. 368; 2016, c. 772.)

The 2016 amendments. - The 2016 amendment by c. 772 added the second sentence in subsection A.

Law review. - For note on the abrogation of sovereign immunity in Virginia: The Virginia Tort Claims Act, see 7 G.M.U. L. Rev. 291 (1984).

For 2007 annual survey article, "Civil Practice and Procedure," see 42 U. Rich. L. Rev. 229 (2007).

Research References. - Friend's Virginia Pleading and Practice (Matthew Bender), Chapter 26 Tort Actions: Other Common-Law Statutory Remedies. § 26.08 Actions Against Governmental Agencies and Employees; Chapter 35 Limitation of Actions: Statutes of Limitations; Immunities; Res Judicata and Collateral Estoppel. § 35.01 Statutes of Limitations. Friend.

Virginia Forms (Matthew Bender). No. 1-211 Complaint against Municipal Corporation - Negligence (Injury Caused by Defective Pavement), et seq.; No. 1-222 Answer to Action against Municipal Corporation - Injury Caused by Defective Pavement; No. 1-224 Statute of Limitations for Miscellaneous Actions. No. 1-503 . Complaint Against Municipal Corporation - Property Damage Caused by Flooding; No. 1-509 . Answer of Municipal Corporation - Property Damage Caused by Flooding.

Michie's Jurisprudence. - For related discussion, see 13B M.J. Municipal Corporations, § 135.

Editor's note. - Most of the cases annotated below were decided under former § 8.01-222 or prior law. "This section" or "this statute" refer to former comparable provisions.

§ 15.2-300. Adoption of optional forms of county government; inconsistent provisions of law.

1. Any county may adopt an optional form of county government in accordance with the referendum provisions of § 15.2-301 , subject to the limitations specified in Chapters 3 through 8 of this title.
2. Other provisions of law in conflict with Chapters 3 through 8 of this title shall not apply to a county which has adopted an applicable form of county government pursuant to this chapter, unless such provision expressly provides otherwise.

   (1997, c. 587.)

Cross references. - As to petition and referendum requirements for special elections, see § 24.2-686 . As to cooperation between districts and other political subdivisions, see § 33.2-2710.

For constitutional authority for General Assembly to provide for the organization and government of counties, see Va. Const., Art. VII, § 2.

§ 15.2-301. Petition or resolution asking for referendum; notice; conduct of election.

1. A county may adopt one of the optional forms of government provided for in Chapters 4 through 8 of this title only after approval by voter referendum. The referendum shall be initiated by (i) a petition filed with the circuit court for the county signed by at least ten percent of the voters of the county, asking that a referendum be held on the question of adopting one of the forms of government or (ii) a resolution passed by the board of supervisors and filed with the circuit court asking for a referendum. The petition or resolution shall specify which of the forms of government provided for in Chapters 4 through 8 is to be placed on the ballot for consideration. Only one form may be placed on the ballot for consideration.
2. Notice of the election shall be published in a newspaper having a general circulation in the county once a week for three consecutive weeks and shall be posted at the door of the county courthouse.
3. The election shall be conducted in accordance with the provisions of § 24.2-684 . In addition to the certifications required by such section, the secretary of the appropriate electoral board shall certify the results to the Commission on Local Government.
4. Prior to adopting an optional form of government provided for in Chapter 5 or Chapter 6, a county shall also comply with the referendum requirements of § 24.2-686 . (1997, c. 587; 2000, c. 741.)

The 2000 amendments. - The 2000 amendment by c. 741 added the last sentence in subsection C.

§ 15.2-302. When form of government to become effective.

A form of government approved by the voters in accordance with § 15.2-301 shall become effective on January 1 following the election of members of the governing body under the provisions of § 15.2-303 .

(1997, c. 587.)

§ 15.2-303. When new supervisors elected.

If voters approve the adoption of an optional form of government in accordance with § 15.2-301 , the members of the governing body shall be elected at the next succeeding November general election. The members' terms shall commence on January 1 following the election.

(1997, c. 587.)

§ 15.2-304. Effect of change on other county officers.

All other officers of such county shall continue to hold office until their successors are appointed and have qualified. The term of office of any person who holds an office abolished by the form of government adopted shall terminate as soon as his powers and duties have been transferred to some other officer or employee, or are abolished.

(1997, c. 587.)

§ 15.2-305. Changing from one form to another.

A county may change from one optional form to another optional form, or to any other form of county government prescribed by Article VII of the Constitution, only by following the procedures set out in § 15.2-301 , subject to any limitations specified in Chapters 3 through 8 of this title.

(1997, c. 587.)

§ 15.2-306. Limitation as to frequency of elections.

If any election has been held in a county to determine whether such county shall adopt a form of county government provided for in Chapters 4 through 8 of this title, or if any election has been held in a county which has adopted such form of county government to determine whether such county shall change to another form of county government or to determine whether such county shall change to some other form of county government provided for by Article VII of the Constitution of Virginia and the other provisions of general law of the Commonwealth, no further election of the nature referred to in this section shall be held in the county within three years thereafter.

(1997, c. 587.)

§ 15.2-307. County forms of government adopted under prior acts.

Any county which has adopted an optional form of government under the authority of prior acts shall continue to operate as though created under the terms of this chapter.

(1997, c. 587.)

§ 15.2-400. Form of government to be known as county board form; applicability of chapter.

The form of county organization and government provided for in this chapter shall be known as the county board form. The provisions of this chapter shall apply only to counties which have adopted the county board form.

(Code 1950, § 15-364; 1962, c. 623, § 15.1-699; 1997, c. 587.)

Cross references. - As to composition, appointment and terms of school boards, see § 22.1-47.

§ 15.2-401. Adoption of county board form.

Any county may adopt the county board form of government in accordance with the provisions of Chapter 3 (§ 15.2-300 et seq.) of this title.

(Code 1950, § 15-362; 1950, pp. 123, 694; 1962, c. 623, § 15.1-697; 1997, c. 587.)

§ 15.2-402. Board of county supervisors; election; terms; chairman; vacancies.

1. The powers and duties of the county as a body politic and corporate shall be vested in a board of county supervisors ("the board").
2. The board shall consist of one member elected from the county at large by the qualified voters of the county and one member from each magisterial or election district in the county elected by the qualified voters of such magisterial or election district. The board members shall be elected at the same time and for the same term as provided by general law for the election of boards of supervisors of counties. The board shall elect its chairman from its membership.
3. Members of the board in office immediately prior to the day upon which the county board form becomes effective in the county shall be and, unless sooner removed, continue as members until the expiration of their respective terms and until their successors have qualified.
4. If the change in the form of county organization and government becomes effective on January 1 next succeeding the regular election of board members in the county, such members-elect shall qualify and, as soon as possible after the county board form becomes effective in the county, succeed the then incumbents as board members and as such continue until the expiration of their respective terms and until their successors have qualified.
5. At the regular November election next succeeding the approval of the county board form, one board member shall be elected from the county at large by the qualified voters of the county; his term of office shall begin on January 1 next succeeding such election and shall run for a term coincident with that of the other board members. Pending his election and taking office, the office of member from the county at large shall remain vacant.
6. Except as otherwise provided in subsection E of this section, any vacancy in the membership of the board shall be filled pursuant to Article 6 (§ 24.2-225 et seq.) of Chapter 2 of Title 24.2. (Code 1950, § 15-365; 1962, c. 623, § 15.1-700; 1971, Ex. Sess., c. 158; 1993, c. 731; 1997, c. 587.)

Michie's Jurisprudence. - For related discussion, see 5A M.J. Counties, § 34.

§ 15.2-403. Same; powers and duties.

1. The board shall be the policy-determining body of the county and shall be vested with all the rights and powers conferred on boards of supervisors by general law, not inconsistent with the form of county organization and government herein provided.
2. The board may require of all departments, divisions, agencies and officers of the county and of the several districts of the county such annual reports and other reports as in its opinion the business of the county requires.
3. The board may inquire into the official conduct of any office or officer, whether elective or appointive, of the county or of any district thereof, and to investigate the accounts, receipts, disbursements and expenses of any county or district officer. For these purposes it may subpoena witnesses, administer oaths, and require the production of books, papers and other evidence. If any witness fails or refuses to obey any such lawful order of the board he shall be deemed guilty of a misdemeanor.
4. The board shall, as soon as the county board form of county organization and government takes effect in the county, provide for the performance of all the governmental functions of the county in a manner consistent with this chapter.
5. Whenever it is not designated herein what officer or employee of the county shall exercise any power or perform any duty conferred upon or required of the county, or any officer thereof, by general law, then any such power shall be exercised or duty performed by that officer or employee of the county so designated by ordinance or resolution of the board.

   (Code 1950, § 15-366; 1962, c. 623, § 15.1-701; 1997, c. 587.)

Michie's Jurisprudence. - For related discussion, see 5A M.J. Counties, §§ 37, 38.

§ 15.2-404. Appointment and compensation of officers and employees of county.

1. The board shall, except as otherwise provided in § 15.2-408 and except as the board may authorize any officer or the head of any office to appoint employees under such officer or in such office, appoint all officers and employees, including deputies and assistants, in the administrative service of the county. Any officer or employee of the county appointed pursuant to this section may be suspended or removed from office or employment either by the board or the officer or head of the office by whom he was appointed or employed.
2. In the event of the absence or disability of any officer except those named in § 15.2-408 , the board or other appointing power may designate some responsible person to perform the duties of the office.
3. The board shall, subject to such limitations as may hereafter be prescribed by general law and except as herein otherwise provided, fix the compensation of all officers and employees of the county except as it may authorize any officer or the head of any office to fix the compensation of employees under such officer or in such office. The compensation of the attorney for the Commonwealth, the commissioner of the revenue, the county clerk, the sheriff, and the treasurer of the county, and the deputies, assistants and employees of such officers, shall be determined and paid in the manner which is or may hereafter be provided for the determination and payment of the salary of each such officer, respectively, by other provisions of general law.
4. The chairman of the board shall receive compensation not in excess of $3,000 per annum, and each of the other board members shall receive not in excess of $2,700 per annum. Alternatively, the chairman and other board members may be compensated in accordance with the provisions of general law as specified in Article 1.1 (§ 15.2-1414.1 et seq.) of Chapter 14 of this title. However, in Carroll County and Grayson County, the chairman and other board members shall be compensated as provided for in § 15.2-1414.2 . (Code 1950, § 15-367; 1962, c. 623, § 15.1-702; 1972, cc. 809, 815; 1973, c. 271; 1976, c. 92; 1981, c. 92; 1997, c. 587; 2000, cc. 613, 953.)

The 2000 amendments. - The 2000 amendment by c. 613 added the second sentence in subsection D.

The 2000 amendment by c. 953 inserted "and Grayson County" in the last sentence of subsection D.

OPINIONS OF THE ATTORNEY GENERAL

Salary supplements. - Under § 15.2-1605.1 , the Board of Supervisors may authorize a 5% salary supplement to constitutional officers and their employees to be paid out of county funds. See opinion of Attorney General to Dennis E. Jones, Esquire, County Attorney for Russell County, 11-088, 2011 Va. AG LEXIS 56 (7/8/11).

§ 15.2-405. Assignment of activities.

Any activity which is not assigned by this form of county organization and government shall be assigned by the board to the appropriate officer or employee of the county, and the board may reassign, transfer or combine any such activities.

(Code 1950, § 15-368; 1962, c. 623, § 15.1-703; 1997, c. 587.)

§ 15.2-406. Appointment, compensation and removal of county administrator.

1. The board shall appoint a county administrator and fix his compensation. He shall be appointed with due regard to merit only, and need not be a resident of the county at the time of his appointment. No board member shall, during the time for which he is elected, be chosen county administrator.
2. The county administrator may be removed at the pleasure of the board.
3. In case of the absence or disability of the county administrator, the board may designate some responsible person to perform the duties of the office.

   (Code 1950, § 15-369; 1962, c. 623, § 15.1-704; 1973, c. 163; 1997, c. 587.)

Cross references. - As to exceptions from general early retirement provisions for certain local government officials, see § 51.1-155.2 .

§ 15.2-407. Powers and duties of county administrator.

1. The board may by resolution designate the county administrator as clerk of the board. In such case and upon the qualification of the county administrator authorized by this article the county clerk of such county shall be relieved of his duties in connection with the board and all of his duties shall be imposed upon and performed by the county administrator. If the board does not designate the county administrator as clerk, the county clerk or one of his deputies shall attend the meetings of the board and record in a book provided for the purpose all of the proceedings of the board, but he shall not be authorized and required to sign any warrants of the board, such authority being hereby vested in the county administrator. However, the board may by resolution of record require the county clerk to sign all warrants of the board.
2. The county administrator shall, insofar as the board requires, be responsible to the board for the proper administration of all affairs of the county which the board has authority to control. He shall keep the board advised as to the financial condition of the county and shall submit to the board monthly, and at such other times as may be required, reports concerning the administrative affairs of the county.
3. The county administrator shall, if the board requires, examine regularly the books and papers of each department, officer and agency of the county and report to the board the condition in which he finds them and such other information as the board may direct.
4. The county administrator shall from time to time submit to the board recommendations concerning the affairs of the county and its departments, officers and agencies as he deems proper.
5. Under the direction of the board, the county administrator, for informative and fiscal planning purposes only, shall prepare and submit to the board a proposed annual budget for the county. The board may, however, direct that the county budget be prepared by the county clerk.
6. The county administrator shall audit all claims against the county for services, materials and equipment for such county agencies and departments as the board may direct, except those required to be received and audited by the county school board, and shall present the audits to the board of county supervisors together with his recommendation and such information as necessary to enable the board to act on such claims.
7. If the board, by resolution, designates the county administrator as clerk of the board, the county administrator shall: (i) have all the powers, authority and duties vested in the county clerk as clerk of the board, under general law; (ii) pay, with his warrant, all claims against the county chargeable against any fund under the control of the board, other than the general county fund, when such expenditure is authorized and approved by the officer and/or employee authorized to procure the services, supplies, materials or equipment accountable for such claims and after auditing the claims as to their authority and correctness; (iii) pay with his warrant all claims against the county chargeable against the general county fund where the claim arose out of purchase made by the county administrator or for contractual services by him authorized and contracted within the power and authority given him by board resolution; and (iv) pay with his warrant all claims against the county authorized to be paid by the board.

   (Code 1950, § 15-370; 1950, pp. 123, 694; 1959, Ex. Sess., c. 69; 1962, c. 623, § 15.1-705; 1997, c. 587.)

Michie's Jurisprudence. - For related discussion, see 5A M.J. Counties, §§ 37, 52, 60.

§ 15.2-408. Attorney for the Commonwealth, county clerk, sheriff, commissioner of the revenue and treasurer of the county.

1. The attorney for the Commonwealth, the county clerk, the sheriff, the commissioner of the revenue and the treasurer of the county in office immediately prior to the day upon which the county board form becomes effective in the county shall continue, unless sooner removed, as attorney for the Commonwealth, county clerk, sheriff, commissioner of the revenue and treasurer, respectively, of the county until the expiration of their respective terms of office and until their successors have qualified. Thereafter, such officers shall be elected in such manner and for such terms as provided by general law.
2. When any vacancy occurs in any office named in subsection A, the vacancy shall be filled as provided by general law.
3. Each officer named in subsection A of this section may appoint such deputies, assistants and employees as he may require in the exercise of the powers conferred and in the performance of the duties imposed upon him by law.
4. Each officer, except the attorney for the Commonwealth, named in subsection A shall, except as otherwise provided in this chapter, exercise all the powers conferred and perform all the duties imposed upon such officer by general law. He shall be accountable to the board in all matters affecting the county and shall perform such duties, not inconsistent with his office, as the board directs.

   (Code 1950, § 15-371; 1962, c. 623, § 15.1-706; 1971, Ex. Sess., c. 158; 1977, c. 584; 1997, c. 587; 2003, c. 1015.)

The 2003 amendments. - The 2003 amendment by c. 1015, rewrote subsection B, which formerly read: "When any vacancy occurs in any office named in subsection A, the circuit court for the county shall issue a writ of election to fill such vacancy. The election shall be held in the next succeeding November election or, if the vacancy occurs within 120 days prior to such election, the second ensuing general election. The person so elected shall hold office for the unexpired term of the officer. The circuit court for the county may make a temporary appointment to fill such vacancy until the election."

§ 15.2-409. Authority of boards of supervisors to require commissioners of revenue to prepare tax bills.

The board may by resolution require the commissioner of revenue of such county to prepare and make all tax bills, in accord with all items shown on the land books, personal property books and income assessment books for the current year, and deliver the bills to the treasurer of the county at the time the land books, personal property books and income assessment books are delivered to such treasurer under general law. Such requirement shall not be effective, however, until the board has first installed in the office of the commissioner of revenue a suitable machine by which the tax bills may be prepared and made out simultaneously with the preparation and making out of the books. The board may prescribe the form of the tax bills and require the commissioner of revenue to destroy all unused tax bill forms in the presence of the board or a committee of its members appointed by its chairman. When the board has adopted such resolution and certified it to the county treasurer, he shall be relieved of all duties and responsibility in reference to the preparation of the bills.

(Code 1950, § 15-371.1; 1952, c. 243; 1962, c. 623, § 15.1-707; 1997, c. 587.)

§ 15.2-410. County school board and division superintendent of schools.

1. The county school board and the division superintendent of schools shall exercise all the powers conferred and perform all the duties imposed upon them by general law.
2. The county school board shall be composed of not less than three nor more than six members chosen by the board of county supervisors to serve staggered four-year terms. Initial terms may be less than four years to establish the staggered membership. The terms of no more than three members shall expire in any one year. The board of county supervisors shall establish by resolution the number of school board members and the staggered membership. The school board membership may be increased from time to time up to six members. Three-member boards need not be staggered. All appointments to fill vacancies shall be made by the board of county supervisors and shall be for the unexpired terms.
3. Each member shall receive as compensation for his services such annual salary as may be prescribed pursuant to § 22.1-32.
4. The board of county supervisors may also appoint a resident of the county to cast the deciding vote in case of a tie vote of the school board as provided in § 22.1-75. The tie breaker, if any, shall be appointed for a four-year term whether appointed to fill a vacancy caused by expiration of a term or otherwise.
5. Notwithstanding the above provisions, the Board of Supervisors of Scott County may establish a staggered membership for its school board with the school board members serving three-year terms and the Board of Supervisors of Carroll County may continue to appoint five members to its school board to serve staggered five-year terms.
6. Notwithstanding any contrary provisions of this section, a county which has an elected school board shall comply with the applicable provisions of Article 7 (§ 22.1-57.1 et seq.) of Title 22.1.

   (Code 1950, § 15-372; 1950, pp. 124, 695; 1962, c. 623, § 15.1-708; 1972, c. 470; 1976, c. 92; 1980, c. 559; 1981, c. 246; 1986, c. 618; 1997, c. 587.)

Cross references. - As to public hearing before appointment of school board members, see § 22.1-29.1. As to composition, appointment and terms of school boards, see § 22.1-47.

§ 15.2-411. County health officer; county board of health.

The county health officer shall be chosen by the board of county supervisors from a list of eligibles furnished by the State Board of Health. He shall exercise all the powers conferred and shall perform all the duties imposed upon the local health officer and perform such other duties as may be imposed upon him by the board of county supervisors. The board of county supervisors may select two qualified citizens of the county, who shall serve without pay, and who together with the county health officer shall constitute the county board of health. Such board shall advise and cooperate with the county health officer. The board may at any time be abolished by the board of county supervisors. The board of county supervisors may, in lieu of establishing a local board of health as herein provided, operate its health department as a part of a State Board of Health district.

(Code 1950, § 15-373; 1950, p. 696; 1962, c. 623, § 15.1-709; 1997, c. 587.)

§ 15.2-412. Local board of social services and local director of social services.

The board of county supervisors shall select three qualified citizens of the county, one of whom may be a member of the board of county supervisors, who shall constitute the local board of social services; alternatively, the board of county supervisors may choose a board of social services consisting of five qualified citizens. Such board shall, insofar as not inconsistent with this form of county organization and government, exercise all the powers conferred, and perform all the duties imposed, upon local boards of social services by law. There also shall be a local director of social services who shall be chosen by the board of county supervisors, or by the local board of social services if the board of county supervisors so provides, from a list of eligibles furnished by the Director of the Department of Social Services. He shall, insofar as consistent with this form of county organization and government, exercise the powers conferred and perform the duties imposed upon local directors of social services by general law. The local board of social services and the local director of social services shall also perform such other duties as required by the board of county supervisors.

(Code 1950, § 15-374; 1950, p. 696; 1962, c. 623, § 15.1-710; 1968, c. 80; 1974, cc. 44, 45; 1997, c. 587; 2002, c. 747; 2010, cc. 349, 436.)

The 2002 amendments. - The 2002 amendment by c. 747, effective October 1, 2002, substituted "Local board of social services and local director of social services" for "County board of public welfare and superintendent of public welfare" in the section catchline, substituted "local board of social services" for "county board of public welfare" in the first sentence, substituted "local boards of social services" for "county boards of public welfare" in the second sentence, in the third sentence, substituted "local director of social services" for "superintendent of public welfare," and substituted "local board of social services" for "county board of public welfare," substituted "local directors of social services" for "superintendents of public welfare" in the next to last sentence, and substituted "local board of social services and the local director of social services" for "county board of public welfare and the superintendent of public welfare" in the last sentence.

The 2010 amendments. - The 2010 amendments by cc. 349 and 436 are identical, and inserted "alternatively, the board of county supervisors may choose a board of social services consisting of five qualified citizens."

§ 15.2-413. Department of extension and continuing education.

The department of extension and continuing education shall be established for the purpose of conducting noncredit educational programs and disseminating useful and practical information pursuant to the provisions of § 23.1-2608 et seq.

(1972, c. 653, § 15.1-711.1; 1997, c. 587.)

Editor's note. - At the direction of the Virginia Code Commission, "23.1-2608" was substituted for "23-132.1" to conform to the recodification of Title 23 by Acts 2016, c. 588, effective October 1, 2016.

§ 15.2-414. County purchasing agent.

1. The county shall have a county purchasing agent. The county administrator shall, unless and until the board selects a county purchasing agent or designates some other officer to act as county purchasing agent, exercise the powers conferred and perform the duties imposed upon the county purchasing agent.
2. The county purchasing agent shall, subject to such exceptions as the board may allow, make all purchases for the county and its departments, officers and agencies.
3. The county purchasing agent may also transfer supplies, materials and equipment between, and sell surplus equipment, materials and supplies not needed by, the departments, officers and agencies of the county.
4. With the approval of the board, the county purchasing agent may establish specifications or standards for equipment, materials and supplies to be purchased and inspect deliveries to determine their compliance with such specifications and standards.
5. All purchases and sales by the county purchasing agent shall be made in accordance with Chapter 43 (§ 2.2-4300 et seq.) of Title 2.2 and under such rules and regulations consistent with Chapter 43 of Title 2.2 as the board provides.
6. The county purchasing agent shall have charge of such storage rooms and warehouses of the county as the board provides.

   (Code 1950, § 15-376; 1950, p. 125; 1962, c. 623, § 15.1-712; 1972, c. 820; 1982, c. 647; 1997, c. 587.)

§ 15.2-415. Schedule of compensation for officers and employees.

The board shall, except as otherwise provided in this chapter, establish a schedule of compensation for officers and employees which shall, so far as practical, provide uniform compensation for like service. The compensation prescribed shall be subject to such limitations as may be made by general law.

(Code 1950, § 15-378; 1962, c. 623, § 15.1-714; 1997, c. 587.)

§ 15.2-416. Official bonds.

The county officers shall give such bonds as required by general law, except that the treasurer's bond shall be in such penalty as the court or judge requires, but not less than fifteen percent of the amount to be received annually by him. In addition thereto, the board may fix and require bonds in excess of the amounts so required, and to require bonds of other county officers and employees in their discretion, conditioned on the faithful discharge of their duties and the proper accounting for all funds coming into their possession.

(Code 1950, § 15-379; 1962, c. 623, § 15.1-715; 1997, c. 587.)

Cross references. - As to amount of bond of county treasurer or director of finance, see § 15.2-1529 .

§ 15.2-417. Examination and audit of accounts and books.

The board shall require an annual audit of the books of every county officer who handles public funds to be made by an accountant who is not a regular officer or employee of the county and who is thoroughly qualified by training and experience. An audit by the Auditor of Public Accounts, under the provisions of law, may be considered as having satisfied the requirements of this section. The board may at any time order an examination or audit of the accounts of any officer or employee of the county government. Upon the death, resignation, removal or expiration of the term of any county officer, the board shall cause an audit and investigation of the accounts of such officer to be made. If, as a result of any such audit, an officer is found indebted to the county, the board shall proceed forthwith to collect such indebtedness.

(Code 1950, § 15-380; 1962, c. 623, § 15.1-716; 1997, c. 587.)

Cross references. - For present provisions as to standards governing conduct of state and local officers and employees with respect to conflict of interest and related matters, see § 2.2-3100 et seq.

As to appointment of general registrars, see § 24.2-109 .

§ 15.2-418. Certain officers not affected.

The following officers shall not, except as herein otherwise provided, be affected by the adoption of the county board form:

1. Jury commissioners;
2. County electoral boards;
3. Registrars;
4. Judges and clerks of election;
5. Magistrates; and
6. Commissioners of accounts.

   (Code 1950, § 15-383; 1950, p. 126; 1962, c. 623, § 15.1-720; 1971, Ex. Sess., c. 158; 1973, c. 545; 1997, c. 587.)

§ 15.2-500. Title of form; applicability of chapter.

The form of county organization and government provided for in this chapter shall be known and designated as the county executive form. The provisions of this chapter shall apply only to counties which have adopted the county executive form.

(Code 1950, § 15-272; 1962, c. 623, § 15.1-588; 1997, c. 587.)

§ 15.2-501. Adoption of county executive form.

Any county may adopt the county executive form of government in accordance with the provisions of Chapter 3 (§ 15.2-300 et seq.).

(1997, c. 587.)

§ 15.2-502. Powers vested in board of county supervisors; election and terms of members; vacancies.

1. The powers of the county as a body politic and corporate shall be vested in a board of county supervisors (the board), to consist of not less than three nor more than nine members to be elected by the voters of the county at large, or solely by the voters of the respective magisterial or election district of which each member is a qualified voter. There shall be on the board for each magisterial or election district one member, and no more, who shall be a qualified voter of the district.

   The supervisors first elected shall hold office until January 1 following the next regular election provided by general law for the election of supervisors. At such election their successors shall be elected for terms of four years each.

2. When any vacancy occurs in the board, the vacancy shall be filled in accordance with § 24.2-228 , except that the board shall have the option in its petition to the court to request that the election to fill the vacancy be held prior to the next or second ensuing general election, as the case may be. In that event, such election shall be held within sixty days of the issuance of the writ, or, if such election would fall within the sixty days prior to a general or primary election, on the general election day or within sixty days following the primary election.
3. Notwithstanding the provisions of subsection B, the provisions of this subsection shall apply to any county with the county executive form of government that is contiguous to a county with the urban county executive form of government. Notwithstanding the provisions of §§ 24.2-226 and 24.2-228 , when any vacancy occurs in the membership of the board, the judge of the circuit court of the county shall issue a writ for a special election to fill the vacancy for the remainder of the unexpired term. The judge shall issue the writ within fifteen days of the occurrence of the vacancy. He shall order the election to be held not fewer than forty-five days and not more than sixty days after the issuance of the writ. However, if the election would fall within sixty days before a general election, the judge shall order the election to be held on the general election day; and, if the election would fall within sixty days before a primary election, the judge shall order the election to be held not fewer than thirty days and not more than sixty days after the primary. If the vacancy occurs prior to a general election and there is insufficient time to order the election to be held at the general election, the judge shall order the election to be held not fewer than 45 days and not more than 60 after the general election. The local electoral board shall determine and announce within three business days after the date of the writ the candidate filing deadline for the special election. The remaining members of the board shall not make a temporary appointment to fill the vacancy. However, if the vacancy occurs within the 180 days before the expiration of the term of office, there shall be no special election, and the remaining members of the board shall fill the vacancy by appointment pursuant to § 24.2-228 within thirty days of the occurrence of the vacancy and after holding a public hearing on the appointment. The appointment shall be for the duration of the unexpired term. (Code 1950, § 15-273; 1952, c. 346; 1962, c. 623, § 15.1-589; 1966, c. 463; 1971, Ex. Sess., c. 65; 1982, c. 139; 1983, c. 350; 1997, c. 587; 1999, c. 718; 2007, c. 268.)

The 1999 amendment added the subsection A designator to the first paragraph, added the subsection B designator to the third paragraph, and added subsection C.

The 2007 amendments. - The 2007 amendment by c. 268 added the present sixth sentence in subsection C.

Law review. - For discussion of racial discrimination and at-large election system, see 33 Wash. & Lee L. Rev. 496 (1976).

§ 15.2-503. Referendum on election of the county chairman from the county at large; powers and duties of chairman.

1. The board of any county in which members of the board are elected from districts, may by resolution petition the circuit court for the county for a referendum on the question of whether there should be a chairman of the board elected at large, or the like referendum may be requested by a petition to the circuit court signed by at least ten percent of the voters of the county. Upon the filing of the petition, which shall be filed not less than ninety days before the general election, the circuit court shall order the election officials at the next general election held in the county to open the polls and take the sense of the voters therein on that question. Notice of the referendum shall be published once a week for three consecutive weeks prior to the referendum in a newspaper having general circulation in the county, and shall be posted at the door of the county courthouse. The ballot shall be printed as follows: "Shall the chairman of the county board of supervisors, to be known as the county chairman, be elected by the voters of the county at large? [] Yes [] No" The election shall be held and the results certified as provided in § 24.2-684 .
2. If a majority of the qualified voters voting in such referendum vote in favor of the election of a county chairman of the board from the county at large, beginning at the next general election for the board, the county chairman shall be elected for a term of the same length and commencing at the same time as that of other members of the board. No person may be a candidate for county chairman at the same time he is a candidate for membership on the board from any district of the county.
3. Notwithstanding the provisions of § 15.2-502 , the board thereafter shall consist of one member elected from each district of the county and a county chairman elected by the voters of the county at large. The county chairman shall be the chairman of the board and preside at its meetings. The chairman shall represent the county at official functions and ceremonial events. The chairman shall have all voting and other rights, privileges, and duties of other board members and such other, not in conflict with this article, as the board may prescribe. At the first meeting at the beginning of its term and any time thereafter when necessary, the board shall elect a vice-chairman from its membership, who shall perform the duties of the chairman in his absence. (1986, c. 203, § 15.1-589.3; 1997, c. 587.)

Cross references. - As to alternative for biennial county supervisor elections and staggered terms of county supervisors, see § 24.2-219 .

§ 15.2-504. General powers of board.

The board shall be the policy-determining body of the county and shall be vested with all rights and powers conferred on boards of supervisors by general law, consistent with the form of county organization and government provided in this chapter.

(Code 1950, § 15-274; 1962, c. 623, § 15.1-590; 1997, c. 587.)

§ 15.2-504.1. Lighting level regulation.

The board of any county with a population of less than 100,000 operating under a county executive form of government may provide by ordinance for the regulation of exterior illumination levels of buildings and property.

(1996, c. 567, § 15.1-687.23; 1997, cc. 194, 587.)

Editor's note. - Pursuant to Acts 1997, c. 587, cl. 6, effect has been given in this section, as set out above, to Acts 1997, c. 194, which amended § 15.1-687.23.

§ 15.2-505. Appointment by certain localities of members of certain boards, authorities and commissions.

The governing body of a county having the county executive form of government that is adjacent to a county having the urban county executive form of government may establish different terms of office for initial and subsequent appointments for those boards, authorities and commissions for which it is given the authority to appoint members, excluding authorities empowered to issue certificates of indebtedness.

The different terms of office for such boards, authorities and commissions shall be for fixed terms, and such different terms of office may include, but are not limited to, terms of either two or four years and terms that extend until July 1 of the year following the year in which there is a regular election provided by general law for the election of supervisors. If the board establishes different terms of office pursuant to this section, the new terms shall affect future appointments to such offices and shall not affect the existing terms of any commissioner or member then serving in office. This section shall not affect the removal of any member of a board, authority or commission for incompetency, neglect of duty or misuse of office pursuant to provisions of general law.

(1989, c. 180, § 15.1-590.1; 1997, c. 587.)

§ 15.2-506. Investigation of county officers.

The board may inquire into the official conduct of any office or officer under its control, and investigate the accounts, receipts, disbursements and expenses of any county or district officer. For these purposes it may subpoena witnesses, administer oaths and require the production of books, papers and other evidence. Any witness who fails or refuses to obey an order of the board, shall be guilty of a misdemeanor.

(Code 1950, § 15-275; 1962, c. 623, § 15.1-592; 1997, c. 587.)

Michie's Jurisprudence. - For related discussion, see 5A M.J. Counties, §§ 37, 38.

§ 15.2-507. Organization of departments.

The board shall, as soon as its members are elected and take office, provide for the performance of all the governmental functions of the county and to that end shall provide for and set up all necessary departments of government, consistent with this chapter and general law.

(Code 1950, § 15-276; 1962, c. 623, § 15.1-593; 1997, c. 587.)

§ 15.2-508. Designation of officers to perform certain duties.

Whenever it is not designated herein what officer or employee of the county shall exercise any power or perform any duty conferred upon or required of the county, or any officer thereof, by general law, then any such power shall be exercised or duty performed by that officer or employee of the county so designated by ordinance or resolution of the board.

(Code 1950, § 15-277; 1962, c. 623, § 15.1-594; 1997, c. 587.)

§ 15.2-509. County executive appointed by board.

The board shall appoint a county executive and fix his compensation. He shall devote his full time to the work of the county. He shall be appointed with regard to merit only, and need not be a resident of the county at the time of his appointment. No board member shall, during the time for which he has been elected, be chosen county executive, nor shall such powers be given to a person who at the same time is filling an elective office. The head of one of the departments of county government may, however, also be appointed county executive.

(Code 1950, § 15-278; 1962, c. 623, § 15.1-595; 1997, c. 587.)

Cross references. - As to exceptions from general early retirement provisions for certain local government officials, see § 51.1-155.2 .

§ 15.2-510. Tenure of office; removal.

The county executive shall not be appointed for a definite tenure, but may be removed at the pleasure of the board. If the board determines to remove the county executive, he shall be given, if he so demands, a written statement of the reasons alleged for the proposed removal and the right to a hearing thereon at a public meeting of the board prior to the date on which his final removal takes effect. Pending and during such hearing, the board may suspend him from office, provided that the period of suspension be limited to thirty days. The action of the board in suspending or removing the county executive is not subject to review.

(Code 1950, § 15-279; 1962, c. 623, § 15.1-596; 1997, c. 587.)

§ 15.2-511. Disability of executive.

In case of the absence or disability of the county executive, the board may designate some responsible person to perform the duties of the office who meets the criteria of § 15.2-509 .

(Code 1950, § 15-280; 1962, c. 623, § 15.1-597; 1997, c. 587.)

§ 15.2-512. Appointment of officers and employees; recommendations by county executive; discussions with board.

The board shall appoint, upon the recommendation of the county executive, all officers and employees in the administrative service of the county except as otherwise provided in § 15.2-535 and except as the board may authorize the head of a department or office to appoint subordinates in such department or office. However, in appointing the county school board no recommendation by the county executive shall be required. All appointments shall be based on the ability, training and experience of the appointees which are relevant to the work which they are to perform.

The county executive shall have the right to take part in all discussions and to present his views on all matters coming before the board. The attorney for the Commonwealth, the sheriff and the directors or heads of the departments shall be entitled to present their views on matters relating to their respective departments.

(Code 1950, § 15-281; 1962, c. 623, § 15.1-598; 1997, c. 587.)

§ 15.2-513. Term, removal and disability of officers and employees.

All appointments of officers and employees shall be without definite term, unless for temporary service not to exceed sixty days.

Any officer or employee of the county appointed pursuant to § 15.2-512 may be suspended or removed from office or employment either by the board of county supervisors or the officer by whom he was appointed or employed. In case of the absence or disability of any officer, except the county clerk, the attorney for the Commonwealth, and the sheriff, which offices shall be filled as provided by general law, the board of county supervisors or other appointing power may designate some responsible person to perform the duties of the office.

(Code 1950, § 15-282; 1962, c. 623, § 15.1-599; 1997, c. 587.)

§ 15.2-514. Compensation of officers and employees.

The board shall, subject to the limitations of general law, establish a schedule of compensation for officers and employees which provides uniform compensation for like service and shall fix the compensation of all officers and employees of the county, except as it may authorize the head of a department or office to fix the compensation of subordinates and employees in such department or office. The board may authorize the county executive to establish terms and conditions of employment for department heads and other specified employees who report directly to the county executive.

(Code 1950, §§ 15-283, 15-299; 1962, c. 623, §§ 15.1-600, 15.1-616; 1995, c. 174; 1997, c. 587.)

§ 15.2-515. Restrictions on activities of former officers and employees.

In any county with a population of at least 100,000, the board, by ordinance, may prohibit former officers and employees, for one year after their terms of office have ended or employment ceased, from providing personal and substantial assistance for remuneration of any kind to any party, in connection with any proceeding, application, case, contract, or other particular matter involving the county or an agency thereof, if that matter is one in which the former officer or employee participated personally and substantially as a county officer or employee through decision, approval, or recommendation.

The term "officer or employee," as used in this section, includes members of the board of county supervisors, county officers and employees, and individuals who receive monetary compensation for service on or employment by agencies, boards, authorities, sanitary districts, commissions, committees, and task forces appointed by the board of county supervisors.

(1990, cc. 38, 254, § 15.1-600.1; 1997, c. 587.)

§ 15.2-516. Duties of county executive.

The county executive shall be the administrative head of the county. He shall attend all meetings of the board and recommend such action as he deems expedient. He shall be responsible to the board for the proper administration of the affairs of the county which the board has authority to control.

He shall also:

1. Make monthly reports to the board on matters of administration, and keep the board fully advised as to the county's financial condition.
2. Submit to the board a proposed annual budget, with his recommendations, and execute the budget as finally adopted.
3. Execute and enforce all board resolutions and orders and see that all laws of the Commonwealth required to be enforced through the board or some other county officer subject to the control of the board are faithfully executed.
4. Examine regularly the books and papers of every officer and department of the county and report to the board on their condition.
5. Perform such other duties as may be required of him by the board, and as may be otherwise required of him by law.

   (Code 1950, § 15-285; 1960, c. 513; 1962, c. 623, § 15.1-602; 1997, c. 587.)

§ 15.2-517. Executive may also be department head.

The county executive may, if the board requires, act as the director or head of any department or departments, the directors or heads of which are appointed by the board, providing he is otherwise eligible to head such department or departments.

(Code 1950, § 15-286; 1962, c. 623, § 15.1-603; 1997, c. 587.)

§ 15.2-518. Departments of the county.

The activities or functions of the county shall, with the exceptions herein provided, be distributed among the following general divisions or departments:

1. Department of finance.
2. Department of social services.
3. Department of law enforcement.
4. Department of education.
5. Department of records.
6. Department of health.

   The board may establish any of the following additional departments, and such other departments as it deems necessary to the proper conduct of the business of the county:

   1. Department of assessments.

   2. Department of public works.

   Any activity which is unassigned by this form of county organization and government shall, upon recommendation of the county executive, be assigned by the board to the appropriate department. The board may further, upon recommendation of the county executive, reassign, transfer, rename or combine any county functions, activities or departments.

   (Code 1950, § 15-287; 1952, c. 168; 1962, c. 623, § 15.1-604; 1972, c. 653; 1976, c. 194; 1997, c. 587; 2002, c. 747.)

The 2002 amendments. - The 2002 amendment by c. 747, effective October 1, 2002, deleted "public welfare or" preceding "social services" in subdivision 2 of the first paragraph.

§ 15.2-519. Department of finance; director; general duties.

The director of finance shall be the head of the department of finance and, as such, have charge of: (i) the administration of the financial affairs of the county, including the budget; (ii) the assessment of property for taxation; (iii) the collection of taxes, license fees and other revenues; (iv) the custody of all public funds belonging to or handled by the county; (v) the supervision of the expenditures of the county and its subdivisions; (vi) the disbursement of county funds; (vii) the purchase, storage and distribution of all supplies, materials, equipment and contractual services needed by any department, office or other using agency of the county unless some other officer or employee is designated for this purpose; (viii) the keeping and supervision of all accounts; and (ix) such other duties as the board requires.

(Code 1950, § 15-288; 1959, Ex. Sess., c. 69; 1962, cc. 399, 623, § 15.1-605; 1982, c. 647; 1984, c. 485; 1997, c. 587.)

§ 15.2-520. Department of Finance; expenditures and accounts.

No money shall be drawn from the treasury of the county, nor shall any obligation for the expenditure of money be incurred, except pursuant to appropriation resolutions. Funds appropriated for multiyear capital projects and outstanding grants, however, may be carried over from year to year without being reappropriated. Accounts shall be kept for each item of appropriation made by the board. Each such account shall show in detail the appropriations made thereto, the amount drawn thereon, the unpaid obligation charged against it, and the unencumbered balance in the appropriation account, properly chargeable, sufficient to meet the obligation entailed by contract, agreement, or order.

(Code 1950, § 15-288; 1959, Ex. Sess., c. 69; 1962, cc. 399, 623, § 15.1-605; 1982, c. 647; 1984, c. 485; 1997, c. 587; 2021, c. 8; 2021, Sp. Sess. I, c. 155.)

The 2021 amendments. - The 2021 amendments by c. 8 and Sp. Sess. I, c. 155, are identical, and in the second sentence, inserted "multiyear capital projects and" and substituted "from year to year" for "for one year."

§ 15.2-521. Same; powers of commissioners of revenue; real estate reassessments.

1. The director of finance shall exercise all the powers conferred and perform all the duties imposed by general law upon commissioners of the revenue, not inconsistent herewith, and shall be subject to the obligations and penalties imposed by general law.
2. The director of finance shall make every general reassessment of real estate in the county, unless some other person is designated for this purpose by the board in accordance with § 15.2-512 or unless the board creates a separate department of assessments in accordance with § 15.2-518 . The assessing officer shall collect and maintain data and devise methods and procedures to be followed in each general reassessment that will make for uniformity in assessments throughout the county. (Code 1950, § 15-288; 1959, Ex. Sess., c. 69; 1962, cc. 399, 623, § 15.1-605; 1982, c. 647; 1984, c. 485; 1997, c. 587.)

§ 15.2-522. Same; powers of county treasurer; deposit of moneys.

The director of finance shall also exercise the powers conferred and perform the duties imposed by general law upon county treasurers, and shall be subject to the obligations and penalties imposed by general law. All moneys received by any county officer or employee for or in connection with county business shall be paid promptly into the hands of the director of finance. All such money shall be promptly deposited by the director of finance to the credit of the county in such banks or trust companies as the board selects. No money shall be disbursed or paid out by the county except upon checks signed by the chairman of the board, or such other person the board designates, and countersigned by the director of the department of finance.

The board may designate one or more banks or trust companies as a receiving or collecting agency under the direction of the department of finance. All funds so collected or received shall be deposited to the credit of the county in such banks or trust companies as the board selects.

Every bank or trust company serving as a depository or as a receiving or collecting agency for county funds shall be required by the board to give adequate security therefor and to meet such interest requirements as the board may by ordinance or resolution establish. All interest on money so deposited shall accrue to the county's benefit.

(Code 1950, § 15-288; 1959, Ex. Sess., c. 69; 1962, cc. 399, 623, § 15.1-605; 1982, c. 647; 1984, c. 485; 1997, c. 587.)

§ 15.2-523. Same; claims against counties; accounts.

The director of finance shall (i) audit all claims against the county for goods or services; (ii) ascertain that such claims are in accordance with the purchase orders or contracts of employment from which the claims arise; (iii) draw all checks in settlement of such claims; (iv) keep a record of the revenues and expenditures of the county; (v) keep such accounts and records of the affairs of the county as prescribed by the Auditor of Public Accounts; and (vi) prepare and submit to the board statements showing the progress and status of the county's affairs in such form and at such time as agreed upon by the Auditor of Public Accounts and the board.

(Code 1950, § 15-288; 1959, Ex. Sess., c. 69; 1962, cc. 399, 623, § 15.1-605; 1982, c. 647; 1984, c. 485; 1997, c. 587.)

§ 15.2-524. Same; director as purchasing agent.

The director of finance shall act as purchasing agent for the county, unless the board designates another officer or employee for such purpose. The director of finance or the person designated as purchasing agent shall make all purchases, subject to such exceptions as the board allows. He may transfer supplies, materials and equipment between departments and offices; sell any surplus supplies, materials or equipment; and make such other sales as the board authorizes. He may, with the board's approval, establish specifications or standards for all supplies, materials and equipment to be purchased for the county and to inspect all deliveries to determine their compliance with such specifications and standards.

All purchases shall be made in accordance with Chapter 43 (§ 2.2-4300 et seq.) of Title 2.2 and under such rules and regulations consistent with Chapter 43 of Title 2.2 as the board may by ordinance or resolution establish. He shall not furnish any supplies, materials, equipment or contractual services to any department or office except upon receipt of a properly approved requisition and unless there is an unencumbered appropriation balance sufficient to pay for the supplies, materials, equipment or contractual services.

Except as provided by the board, before making any sale he shall invite competitive bids under such rules and regulations as the board may by ordinance or resolution establish.

(Code 1950, § 15-288; 1959, Ex. Sess., c. 69; 1962, cc. 399, 623, § 15.1-605; 1982, c. 647; 1984, c. 485; 1997, c. 587.)

§ 15.2-525. Same; obligations of chief assessing officer.

The chief assessing officer shall be subject to the obligations and penalties imposed by general law upon commissioners of the revenue.

(Code 1950, § 15-288; 1959, Ex. Sess., c. 69; 1962, cc. 399, 623, § 15.1-605; 1982, c. 647; 1984, c. 485; 1997, c. 587.)

Michie's Jurisprudence. - For related discussion, see 5A M.J. Counties, § 52.

§ 15.2-526. Department of public works.

If the department of public works is established, the director of the department shall be a person who has training and experience in the management of the construction and maintenance of public projects. He shall exercise the powers conferred and perform the duties imposed by general law upon the county road engineer and in addition shall perform such other duties as may be imposed upon him by the board. He shall also have charge of the maintenance, construction and reconstruction of county roads and bridges, unless the maintenance, construction and reconstruction of such county roads and bridges have been assumed by the Commonwealth.

(Code 1950, § 15-289; 1952, c. 168; 1962, c. 623, § 15.1-606; 1997, c. 587.)

Michie's Jurisprudence. - For related discussion, see 5A M.J. Counties, § 52.

§ 15.2-527. Department of social services.

The local director of social services shall be head of the department of social services, and shall be chosen from a list of eligibles furnished by the Commissioner of Social Services. He shall have charge of poor relief and charitable institutions; may, at the discretion of the board, have charge of parks and playgrounds; shall exercise the powers conferred and perform the duties imposed by general law upon the local board of social services, not inconsistent herewith; and shall perform such other duties the board imposes upon him.

A local board of social services shall be appointed pursuant to the provisions of § 63.2-303 .

(Code 1950, § 15-290; 1952, c. 436; 1960, c. 513; 1962, c. 623, § 15.1-607; 1964, c. 497; 1997, c. 587; 2002, c. 747.)

The 2002 amendments. - The 2002 amendment by c. 747, effective October 1, 2002, deleted "of public welfare or" from the section catchline, in the first paragraph substituted "local director of" for "superintendent of public welfare," and deleted "public welfare or" preceding "social services" in the first sentence, and substituted "local board of social services" for "county board of public welfare or" in the second sentence; and in the second paragraph, substituted "local board of social services" for "county board of public welfare or," and substituted " § 63.2-303 " for " § 63.1-41" at the end.

§ 15.2-528. Department of law enforcement.

The department of law enforcement shall consist of such police as may be appointed pursuant to § 15.2-512 , and police officers appointed by the board, pursuant to such section, including the chief of the department. All so appointed shall be conservators of the peace in the county. The county executive shall have supervision and control of the county police force.

The department of law enforcement, attorney for the Commonwealth, and sheriff shall be charged with the enforcement of all criminal laws throughout the county. The authority of the county police, upon the consent of the governing body of the incorporated town, shall be concurrent with that of any law-enforcement officers appointed by the governing body of any incorporated town located within the county for purposes of enforcing the laws of the Commonwealth.

(Code 1950, § 15-291; 1952, c. 413; 1958, c. 112; 1962, c. 623, § 15.1-608; 1972, c. 360; 1977, c. 584; 1984, c. 722; 1997, c. 587.)

OPINIONS OF THE ATTORNEY GENERAL

Duties of Commonwealth's attorney. - A Commonwealth's attorney has no authority to provide representation for a toll facility operator in actions brought under § 46.2-819.1 or § 46.2-819.3 for unpaid tolls, administrative fees, and civil penalties. See opinion of Attorney General to The Honorable James E. Plowman, Loudoun County Commonwealth's Attorney, 09-068, 2010 Va. AG LEXIS 7 (2/16/10).

§ 15.2-529. Appointment of county attorney.

The board may appoint a county attorney pursuant to § 15.2-1542 , who shall serve at a salary as fixed by the board and who shall be accountable to the board.

(Code 1950, § 15-291; 1952, c. 413; 1958, c. 112; 1962, c. 623, § 15.1-608; 1972, c. 360; 1977, c. 584; 1984, c. 722; 1997, c. 587.)

§ 15.2-530. Powers and duties of sheriff.

The sheriff shall exercise the powers conferred and perform the duties imposed upon sheriffs by general law. He shall have the custody of, and be charged with the duty of feeding and caring for, all prisoners confined in the county jail. He shall perform such other duties the board imposes upon him.

(Code 1950, § 15-291; 1952, c. 413; 1958, c. 112; 1962, c. 623, § 15.1-608; 1972, c. 360; 1977, c. 584; 1984, c. 722; 1997, c. 587.)

OPINIONS OF THE ATTORNEY GENERAL

Virginia law-enforcement officers have authority to detain and arrest individuals who have committed violations of the laws of the United States and other states, and such authority extends to violations of federal criminal immigration law. It would not be advisable to enforce such violations outside of the scope of an agreement with federal authorities. See opinion of Attorney General to The Honorable Kenneth W. Stolle, Member, Senate of Virginia, and The Honorable David B. Albo, Member, House of Delegates, 07-086, 2007 Va. AG LEXIS 40 (10/15/07).

Law-enforcement officers may inquire into immigration status. - Virginia law-enforcement officers, including conservation officers, may inquire into the immigration status of persons stopped or arrested; however, persons tasked with enforcing zoning laws lack the authority to investigate criminal violations of the law, including criminal violations of the immigration laws of the United States. See opinion of Attorney General to The Honorable Robert G. Marshall, Member, Virginia House of Delegates, 10-047, 2010 Va. AG LEXIS 37 (7/30/10).

Authority of state and local law-enforcement officers to arrest for immigration violations. - Prior Attorney General opinions concluding that state and local law-enforcement officers may not arrest individuals for civil violations of immigration law absent express federal authorization or direction remain valid. Virginia statutes do not preclude the implementation of agreements between the United States Attorney General and state or local law-enforcement agencies entered pursuant to 8 U.S.C. § 1357(g). See opinion of Attorney General to The Honorable Scott Surovell, Member of the Virginia Senate, and the Honorable Alfonso Lopez, Member of the Virginia House of Delegates, 16-045, 2019 Va. AG LEXIS 9 (4/12/19).

§ 15.2-531. Department of education.

The department of education shall consist of the county school board, the division superintendent of schools and the officers and employees thereof. Except as herein otherwise provided, the county school board and the division superintendent of schools shall exercise the powers conferred and perform the duties imposed upon them by general law. The county school board shall be composed of not less than three nor more than seven members, who shall be chosen by the board of county supervisors. The exact number of members shall be determined by the board.

Notwithstanding the foregoing provisions of this section, the county school board in a county which is contiguous to a county having the urban county executive form of government shall consist of the same number of members as there are supervisors' election districts for the county, one member to be appointed from each of the districts by the board of county supervisors.

The board may also appoint a county resident to cast the deciding vote in case of a tie vote of the school board as provided in § 22.1-75. Any tie breaker shall be appointed for a four-year term whether appointed to fill a vacancy caused by expiration of a term or otherwise.

The chairman of the county school board, for the purpose of appearing before the board of county supervisors, shall be considered head of this department, unless the school board designates some other person in the department for such purpose.

(Code 1950, § 15-292; 1962, c. 623, § 15.1-609; 1980, c. 559; 1981, c. 246; 1988, cc. 102, 449; 1997, c. 587.)

Cross references. - As to public hearing before appointment of school board members, see § 22.1-29.1.

§ 15.2-532. Terms of school boards.

The members of the county school board shall be appointed or reappointed, as the case may be, for terms of four years each, except that initial appointments hereunder may be for terms of one to four years, respectively, so as to provide staggered terms for such members.

Notwithstanding the foregoing provisions of this section, the terms of office of the school board members in a county which is contiguous to a county having the urban county executive form of government shall begin on July 1 of the year in which the board of supervisors takes office following the next general election for supervisors. However, all other applicable provisions of Titles 22.1 and 15.2 pertaining to the powers and duties of school boards and their appointments shall continue to apply to the members of such school board.

(1966, c. 624, § 15.1-609.1; 1980, c. 559; 1986, c. 626; 1997, c. 587.)

§ 15.2-533. Elected school boards.

Notwithstanding any contrary provisions of §§ 15.2-531 and 15.2-532 , a county which has an elected school board shall comply with the applicable provisions of Article 7 (§ 22.1-57.1 et seq.) of Title 22.1.

(1997, c. 587.)

§ 15.2-534. Department of health.

The department of health shall consist of the health director, who shall be appointed as provided in the applicable provisions of Article 5 (§ 32.1-30 et seq.) of Chapter 1 of Title 32.1 and who shall be head thereof, and the other officers and employees of such department. The head of the department shall exercise the powers conferred and shall perform the duties imposed upon the local health director by general law, not inconsistent herewith. He shall also perform such other duties as may be imposed upon him by the board or, if the health department is operated under contract with the State Board of Health, as specified in such contract.

If the board of county supervisors appoints a local board of health as provided in § 32.1-32 , it shall consist of two qualified citizens of the county, who shall serve without pay, and the county health director. Such board may adopt necessary rules and regulations, not in conflict with law, concerning the department. The board of health may at any time be abolished by the board of county supervisors.

(Code 1950, § 15-294; 1962, c. 623, § 15.1-611; 1979, c. 719; 1997, c. 587.)

§ 15.2-535. Department of assessments.

The department of assessments, if and when established, shall be headed by a commissioner of the revenue or a supervisor of assessments, who shall exercise the powers conferred and perform the duties imposed by § 15.2-521 upon the director of finance.

In addition to the powers and duties hereinabove conferred, the governing body of any county which has provided for a department of assessments headed by a supervisor of assessments may, in lieu of the method now prescribed by law, provide for the annual assessment and equalization of assessments of real estate by such department. All real estate shall thereafter be assessed as of January 1 of each year. The provisions of this section shall not, however, apply to any real estate assessable under the law by the State Corporation Commission.

(Code 1950, § 15-295; 1952, c. 500; 1962, c. 623, § 15.1-612; 1997, c. 587.)

§ 15.2-536. Selection of clerk, attorney and sheriff.

The county clerk, the attorney for the Commonwealth and the sheriff shall be selected in the manner and for the terms, and vacancies in such offices shall be filled, as provided by general law.

(Code 1950, § 15-297; 1962, c. 623, § 15.1-614; 1997, c. 587.)

§ 15.2-537. Officers not affected by adoption of plan.

The following officers shall not, except as herein otherwise provided, be affected by the adoption of the county executive form:

1. Jury commissioners;
2. County electoral boards;
3. Registrars;
4. Judges and clerks of elections; and
5. Magistrates.

   (Code 1950, § 15-338; 1950, p. 974; 1952, c. 37; 1962, cc. 596, 623, § 15.1-662; 1973, c. 545; 1997, c. 587.)

§ 15.2-538. Examination and audit of accounts and books.

The board shall require an annual audit of the books of every county officer who handles public funds to be made by an accountant who is not a regular officer or employee of the county and who is thoroughly qualified by training and experience. An audit made by the Auditor of Public Accounts, under the provisions of law, may be considered as having satisfied the requirements of this paragraph.

The board may at any time order an examination or audit of the accounts of any officer or department of the county government. Upon the death, resignation, removal or expiration of the terms of any county officer, the director of finance shall cause an audit and investigation of the accounts of such officer to be made and shall report the results to the county executive and to the board. In case of the death, resignation or removal of the director of finance, the board shall cause an audit to be made of his accounts. If, as a result of any such audit, an officer is found indebted to the county, the board shall proceed forthwith to collect such indebtedness.

(Code 1950, § 15-298; 1962, c. 623, § 15.1-615; 1997, c. 587.)

§ 15.2-539. Submission of budget by executive; hearings; notice; adoption.

Each year at least two weeks before the board must prepare its proposed annual budget, the county executive shall prepare and submit to the board a budget presenting a financial plan for conducting the county's affairs for the ensuing year. The budget shall be set up in the manner prescribed by general law. Hearings thereon shall be held and notice thereof given and the budget adopted in accordance with general law.

(Code 1950, § 15-300; 1962, c. 623, § 15.1-617; 1997, c. 587.)

Cross references. - For the State and Local Government Conflict of Interests Act, see § 2.2-3100 et seq.

§ 15.2-540. Officers and employees to receive regular compensation; fee system abolished; collection and disposition of fees.

All county officers and employees shall be paid regular compensation and the fee system as a method of compensation in the county shall be abolished, except for those officers not affected by the adoption of this form of county organization and government. All such officers and employees shall, however, continue to collect all fees and charges provided for by general law, shall keep a record thereof, and shall promptly transmit all such fees and charges collected to the director of finance, who shall promptly provide receipt therefor. Such officers shall also keep such other records as are required by § 17.1-283 . All fees and commissions, which, but for this section, would be paid to such officers by the Commonwealth for services rendered shall be paid into the county treasury.

Any excess of the fees collected by each of the officers mentioned in § 17.1-283 or collected by anyone exercising the powers of and performing the duties of any such officer, over (i) the allowance to which such officer would be entitled by general law but for the provisions of this section and (ii) expenses in such amount as allowed by the Compensation Board, shall be paid one third into the state treasury and two thirds to the county.

Any county officer or employee who fails or refuses to collect any fee which is collectible and should be collected under the provisions of this section, or who fails or refuses to pay any fee so collected to the county as herein provided, shall upon conviction be deemed guilty of a misdemeanor.

(Code 1950, § 15-302; 1962, c. 623, § 15.1-619; 1997, c. 587.)

Editor's note. - Acts 2016, c. 780, § 3-5.05, as amended by Acts 2017, c. 836, effective for the biennium ending June 30, 2018, provides: "Notwithstanding §§ 15.2-540 , 15.2-639 , 15.2-848 , 17.1-285 , and any other provision of law general or special, effective July 1, 2009, the Commonwealth shall be entitled to two-thirds of the excess fees collected by the clerks of the circuit courts as required to be reported under § 17.1-283 ."

Acts 2020, c. 1289, as amended by Acts 2021, Sp. Sess. I, c. 552, Item § 3-5.05, effective for the biennium ending June 30, 2022, provides: "Notwithstanding §§ 15.2-540 , 15.2-639 , 15.2-848 , 17.1-285 , and any other provision of law general or special, effective July 1, 2009, the Commonwealth shall be entitled to two-thirds of the excess fees collected by the clerks of the circuit courts as required to be reported under § 17.1-283 ."

§ 15.2-541. Bonds of officers.

The county executive shall give bond in the amount of not less than $5,000. The director of finance shall give bond in the amount of not less than fifteen percent of the amount of money to be received by him annually. If the county executive serves also as director of finance, he shall give bond in the full amounts indicated above. The board may fix bonds in excess of these amounts and require bonds of other county officers in their discretion, conditioned on the faithful discharge of their duties and the proper account for all funds coming into their possession.

(Code 1950, § 15-304; 1952, c. 242; 1962, c. 623, § 15.1-621; 1997, c. 587.)

Michie's Jurisprudence. - For related discussion, see 5A M.J. Counties, § 38.

§ 15.2-542. Employee benefits; residence in county.

Notwithstanding any other provision of law, the county board, in order to ensure its competitiveness as an employer, may by ordinance provide for the use of funds, other than state funds, to provide grants, loans, and other assistance for county and school board employees, as well as employees of local constitutional officers, to purchase or rent residences, for use as the employee's principal residence, within the county.

(2007, cc. 288, 582.)

§ 15.2-600. Designation of form; applicability of chapter.

The form of county organization and government provided for in this chapter shall be known and designated as the county manager form. The provisions of this chapter shall apply only to counties which have adopted the county manager form.

(Code 1950, § 15-305; 1962, c. 623, § 15.1-622; 1997, c. 587.)

Cross references. - As to maintenance, etc., of school buildings and buses by county department of public works, see § 22.1-134.

Law review. - For article, "Local Government Law in Virginia, 1870-1970," see 4 U. Rich. L. Rev. 174 (1970).

§ 15.2-601. Adoption of county manager form.

Any county may adopt the county manager form of government in accordance with the provisions of Chapter 3 (§ 15.2-300 et seq.) of this title.

(1997, c. 587.)

§ 15.2-602. Powers vested in board of supervisors; election and terms of members; vacancies.

The powers of the county as a body politic and corporate shall be vested in a board of supervisors ("the board"), to consist of not fewer than three nor more than nine members to be elected by the qualified voters of the county at large, or solely by the qualified voters of the respective magisterial or election district of which the member is a qualified voter, plus one additional member elected at large, depending upon the result of the election held upon the questions submitted to the voters pursuant to § 15.2-603 . There shall be on the board for each magisterial or election district at least one member, and he shall be a qualified voter of such district, except as hereinabove provided.

The supervisors first elected shall hold office until January 1 following the next regular election provided by general law for the election of supervisors. At such election their successors shall be elected for terms of four years each.

Any vacancy on the board shall be filled as provided in § 24.2-228 .

(Code 1950, § 15-306; 1962, c. 623, § 15.1-623; 1966, cc. 255, 531; 1971, Ex. Sess., c. 65; 1981, c. 91; 1982, c. 32; 1997, c. 587.)

Michie's Jurisprudence. - For related discussion, see 5A M.J. Counties, §§ 34, 40, 41.

§ 15.2-603. Referendum on election of supervisors by districts or at large.

The governing body of any county which has adopted the county manager form of government, as provided in Chapter 368 of the Acts of 1932, at an election held for that purpose pursuant to the provisions of said chapter, may by resolution petition the circuit court of the county requesting that a referendum be held on the following questions: (i) Shall the board of supervisors be elected solely by the qualified voters of each magisterial or election district, or by the qualified voters of the county at large? (ii) Shall the board have in addition to the members from each magisterial or election district, one member from any district elected from and representing the county at large? The court, by order entered of record in accordance with § 24.2-684 , shall require the regular election officials on a day fixed in such order to open the polls and take the sense of the qualified voters of the county on the questions submitted as herein provided. The clerk of the circuit court of the county shall cause a notice of such referendum election to be published once a week for three consecutive weeks in a newspaper published or having a general circulation in the county and shall post a copy of such notice at the door of the courthouse of the county. The ballot used shall be printed to read as follows:

Shall the board of supervisors be elected by the qualified voters of each magisterial or election district, or by the qualified voters of the county at large?

[] By the qualified voters of each magisterial or election district.

[] By the qualified voters of the county at large.

Shall the board have in addition to the members for each magisterial or election district, one member from any district elected from and representing the county at large?

[] Yes

[] No

The ballots shall be marked in accordance with the provisions of § 24.2-684 .

The ballots shall be counted, returns made and canvassed as in other elections, and the result certified by the electoral board to the circuit court of the county. The circuit court shall enter of record the fact of which method of election of supervisors has been chosen by a majority of the qualified voters participating in such referendum election, and an election for members of the board by such method in that county shall be held at the next regular November election of such officers, and every four years thereafter.

In any election pursuant to Chapter 3 (§ 15.2-300 et seq.), the questions provided for in this section shall be submitted to the voters, in addition to the question or questions required by § 15.2-301 .

(1966, c. 531, § 15.1-623.1; 1975, c. 517; 1982, c. 32; 1997, c. 587.)

§ 15.2-604. General powers of board.

The board of supervisors shall be the policy-determining body of the county and shall be vested with all rights and powers conferred on boards of supervisors by general law, consistent with the form of county organization and government herein provided.

(Code 1950, § 15-307; 1962, c. 623, § 15.1-625; 1997, c. 587.)

§ 15.2-605. Prohibiting misdemeanors and providing penalties.

The board may prohibit any act defined as a misdemeanor and prohibited by the laws of this Commonwealth and provide a penalty for violations, to the end that the board may parallel by ordinance the criminal laws of this Commonwealth.

(Code 1950, § 15-307.1; 1962, c. 623, § 15.1-626; 1997, c. 587.)

§ 15.2-606. Investigation of county officers.

The board may inquire into the official conduct of any office or officer under its control, and investigate the accounts, receipts, disbursements and expenses of any county or district officer. For these purposes it may subpoena witnesses, administer oaths and require the production of books, papers and other evidence. Any witness who fails or refuses to obey any such lawful order of the board shall be deemed guilty of a misdemeanor.

(Code 1950, § 15-308; 1962, c. 623, § 15.1-627; 1997, c. 587.)

Michie's Jurisprudence. - For related discussion, see 5A M.J. Counties, §§ 37, 38.

§ 15.2-607. Organization of departments.

The board shall, as soon as its members are elected and take office, provide for the performance of all the governmental functions of the county and to that end shall provide for and set up all necessary departments of government, consistent with the provisions of the form of county organization and government herein provided.

(Code 1950, § 15-309; 1962, c. 623, § 15.1-628; 1997, c. 587.)

§ 15.2-608. Designation of officers to perform certain duties.

Whenever it is not designated herein what officer or employee of the county shall exercise any power or perform any duty conferred upon or required of the county, or any officer thereof, by general law, then any such power shall be exercised or duty performed by that officer or employee of the county so designated by the board.

(Code 1950, § 15-310; 1962, c. 623, § 15.1-629; 1997, c. 587.)

§ 15.2-609. Appointment of county manager.

The board shall appoint a county manager and fix his compensation. He shall be the administrative head of the county government and shall devote his full time to the work of the county. He shall be appointed with regard to merit only, and need not be a resident of the county at the time of his appointment. No member of the board shall, during the time for which he has been elected, be appointed county manager, nor shall the managerial powers be given to a person who at the same time is filling an elective office.

(Code 1950, § 15-311; 1962, c. 623, § 15.1-631; 1997, c. 587.)

Cross references. - As to exceptions from general early retirement provisions for certain local government officials, see § 51.1-155.2 .

§ 15.2-610. Tenure of office; removal.

The county manager shall not be appointed for a definite tenure, but may be removed at the pleasure of the board. If the board determines to remove the county manager, he shall be given, if he so demands, a written statement of the reasons alleged for the proposed removal and the right to a hearing thereon at a public meeting of the board prior to the date on which his final removal takes effect. Pending and during such hearing, the board may suspend him from the office, provided that the period of suspension is limited to thirty days. The board's action in suspending or removing the county manager shall not be subject to review.

(Code 1950, § 15-312; 1962, c. 623, § 15.1-632; 1997, c. 587.)

§ 15.2-611. Disability of county manager.

In case of the absence or disability of the manager, the board may designate some responsible person to perform the duties of the office.

(Code 1950, § 15-313; 1962, c. 623, § 15.1-633; 1997, c. 587.)

§ 15.2-612. Manager responsible for administration of affairs of county; appointment of officers and employees.

The county manager shall be responsible to the board for the proper administration of all the affairs of the county which the board has authority to control. To that end he shall appoint all officers and employees in the county's administrative service, except as otherwise provided in this form of county organization and government, and except as he authorizes the head of a department or office responsible to him to appoint subordinates in such department or office. All appointments shall be based on the ability, training and experience of the appointees which are relevant to the work which they are to perform.

(Code 1950, § 15-314; 1962, c. 623, § 15.1-634; 1997, c. 587.)

§ 15.2-613. Term of office and removal of such appointees.

All appointments made pursuant to § 15.2-612 shall be without definite term, unless for temporary service not to exceed twelve months. Any officer or employee of the county appointed by the manager, or upon his authorization, may be laid off, suspended or removed from office or employment either by the manager or the officer who appointed him.

(Code 1950, § 15-315; 1962, c. 623, § 15.1-635; 1997, c. 587.)

§ 15.2-614. Powers and duties of manager.

As the administrative head of the county government for the board, the manager shall supervise the collection of all revenues, guard adequately all expenditures, secure proper accounting for all funds, safeguard the property of the county, exercise general supervision over all county institutions and agencies, and, with the board's approval, coordinate the various activities of the county and unify the management of its affairs.

He shall also:

1. Execute and enforce all board resolutions and orders and see that all laws of the Commonwealth required to be enforced through the board or other county officers subject to the board's control are faithfully executed.
2. Attend all meetings of the board and recommend such action as he deems expedient.
3. Subject to such limitations as made by general law, fix, with the board's approval, the compensation of all officers and employees whom he or a subordinate appoints or employs.
4. Submit to the board each year a proposed annual budget, with his recommendations, and execute the budget as finally adopted.
5. Make regular monthly reports to the board on administrative matters and keep the board fully advised as to the county's financial condition.
6. Examine regularly the books and papers of every officer and department of the county and report to the board the condition in which he finds them. He may order an audit of any office at any time.
7. Perform such other duties as the board imposes upon him.

   (Code 1950, § 15-317; 1962, c. 623, § 15.1-637; 1997, c. 587.)

§ 15.2-615. Activities for which manager is responsible.

The county manager shall be responsible to the board for the administration of the following activities:

1. The assessment of property for taxation and the preparation of the tax books;
2. The collection of taxes, fees and other revenues of the county;
3. The custody of and accounting for all public funds belonging to the county;
4. The procurement of goods, services, insurance and construction for the county;
5. The care of all county buildings;
6. The care and custody of all personal property of the county;
7. The construction and maintenance of county roads and bridges;
8. The administration of social service activities;
9. Public health work;
10. Such other activities of the county not specifically assigned to another officer or agency by this form of county organization and government or by other law.

    (Code 1950, § 15-318; 1962, c. 623, § 15.1-638; 1997, c. 587.)

§ 15.2-616. Departments of the county.

The activities or functions of the county shall, with the exceptions herein provided, be distributed among the following departments:

1. Department of finance.
2. Department of public works.
3. Department of social services.
4. Department of education.
5. Department of public health.

   The board may establish any additional departments it deems necessary and appropriate.

   In addition, any activity which is unassigned by this form of county organization and government shall, upon recommendation of the county manager, be assigned by the board to the appropriate department. The board may further, upon recommendations of the county manager, reassign, transfer or combine any county functions, activities or departments.

   (Code 1950, § 15-319; 1956, c. 200; 1962, c. 623, § 15.1-639; 1997, c. 587.)

§ 15.2-617. Department of finance; director; general duties.

The director of finance shall be the head of the department of finance and as such have charge of (i) the administration of the county's financial affairs, including the budget; (ii) the assessment of property for taxation; (iii) the collection of taxes, license fees and other revenues; (iv) the custody of all public funds belonging to or handled by the county; (v) the supervision of the expenditures of the county and its subdivisions; (vi) the disbursement of county funds; (vii) the purchase, lease, storage and distribution of all goods, and the purchase of all services, insurance or construction needed by any department, office or other using agency of the county unless some other officer or employee is designated for this purpose; (viii) the keeping and supervision of all accounts; and (ix) such other duties as the board may require.

(Code 1950, § 15-320; 1954, c. 46; 1956, c. 349; 1959, Ex. Sess., c. 69; 1962, cc. 399, 623, § 15.1-640; 1982, c. 647; 1991, c. 16; 1997, c. 587.)

Michie's Jurisprudence. - For related discussion, see 5A M.J. Counties, §§ 37, 42, 60.

§ 15.2-618. Same; expenditures and accounts.

No money shall be drawn from the county treasury, nor shall any obligation for the expenditure of money be incurred except in pursuance of appropriation resolutions. Accounts shall be kept for each item of appropriation made by the board. Each such account shall show in detail the appropriations made thereto, the amount drawn thereon, the unpaid obligations charged against it, and the unencumbered balance in the appropriation account, properly chargeable, sufficient to meet the obligation entailed by contract, agreement or order.

(Code 1950, § 15-320; 1954, c. 46; 1956, c. 349; 1959, Ex. Sess., c. 69; 1962, cc. 399, 623, § 15.1-640; 1982, c. 647; 1991, c. 16; 1997, c. 587.)

§ 15.2-619. Same; powers of commissioners of revenue; real estate reassessments.

The director of finance shall exercise all the powers conferred and perform all the duties imposed by general law upon commissioners of the revenue, not inconsistent herewith, and shall be subject to the obligations and penalties imposed by general law.

Every general reassessment of real estate in the county, unless some other person is designated for this purpose by the county manager in accordance with § 15.2-612 or unless the board creates a separate department of assessments in accordance with § 15.2-616 , shall be made by the director of finance; he shall collect and keep in his office data and devise methods and procedures to be followed in each such general reassessment that will make for uniformity in assessments throughout the county.

In addition to any other method provided by general law or by this article or to certain classified counties, the director of finance may provide for the annual assessment and equalization of real estate and any general reassessment order by the board. The director of finance or his designated agent shall collect data, provide maps and charts, and devise methods and procedures to be followed for such assessment that will make for uniformity in assessments throughout the county.

There shall be a reassessment of all real estate at periods not to exceed six years between such reassessments.

All real estate shall be assessed as of January 1 of each year by the director of finance or such other person designated to make assessment. Such assessment shall provide for the equalization of assessments of real estate, correction of errors in tax assessment records, addition of erroneously omitted properties to the tax rolls, and removal of properties acquired by owners not subject to taxation.

The taxes for each year on the real estate assessed shall be extended on the basis of the last assessment made prior to such year.

This section shall not apply to real estate assessable under the law by the Commonwealth, and the director of finance or his designated agent shall not make any real estate assessments during the life of any general reassessment board.

Any reassessments which change the assessment of real estate shall not be extended for taxation until forty-five days after a written notice is mailed to the person in whose name such property is to be assessed at his last known address, setting forth the amount of the prior assessment and the new assessment.

The board shall establish a continuing board of real estate review and equalization to review all assessments made under authority of this section and to which all appeals by any person aggrieved by any real estate assessment shall first apply for relief. The board of real estate review and equalization shall consist of not fewer than three nor more than five members who shall be freeholders in the county. The appointment, terms of office and compensation of the members of such board shall be prescribed by the board of supervisors. The board of real estate review and equalization shall have all the powers conferred upon boards of equalization by general law. All applications for review to such board shall be made not later than April 1 of the year for which extension of taxes on the assessment is to be made. Such board shall grant a hearing to any person making application at a regular advertised meeting of the board, shall rule on all applications within sixty days after the date of the hearing, and shall thereafter promptly certify its action thereon to the director of finance. The equalization board shall conduct hearings at such times as are convenient, after publishing a notice in a newspaper having a general circulation in the county, ten days prior to any such hearing at which any person applying for review will be heard.

Any person aggrieved by any reassessment or action of the board of real estate review and equalization may apply for relief to the circuit court of the county in the manner provided by general law.

(Code 1950, § 15-320; 1954, c. 46; 1956, c. 349; 1959, Ex. Sess., c. 69; 1962, cc. 399, 623, § 15.1-640; 1982, c. 647; 1991, c. 16; 1997, c. 587.)

§ 15.2-620. Same; powers of county treasurer; deposit of moneys.

The director of finance shall exercise the powers conferred and perform the duties imposed by general law upon county treasurers, and shall be subject to the obligations and penalties imposed by general law. All moneys received by any county officer or employee for or in connection with county business shall be paid promptly into the hands of the director of finance. All such money shall be promptly deposited by the director of finance to the credit of the county in such banks or trust companies the board selects. No money shall be disbursed or paid out by the county except upon check signed by the chairman of the board, or such other person the board designates, and countersigned by the director of finance.

The director of finance or his authorized deputies may transfer public funds from one depository to another by wire. Such officers may also draw any of the county's money by check or by an electronic fund wire, or by any means deemed appropriate and sound by the director of finance and approved by the board, drawn upon a warrant issued by the board. If any money is knowingly paid otherwise than upon the director of finance's check or electronic fund wire or by alternative means specifically approved by the director of finance and the board, drawn upon such warrant, the payment shall be invalid against the county.

The board may designate one or more banks or trust companies as a receiving or collecting agency under the direction of the department of finance. All funds so collected or received shall be deposited to the credit of the county in such banks or trust companies as the board selects.

Every bank or trust company serving as a depository or as a receiving or collecting agency for county funds shall be required by the board to give adequate security therefor, and to meet such requirements as to interest thereon as the board may establish. All interest on money so deposited shall accrue to the benefit of the county.

(Code 1950, § 15-320; 1954, c. 46; 1956, c. 349; 1959, Ex. Sess., c. 69; 1962, cc. 399, 623, § 15.1-640; 1982, c. 647; 1991, c. 16; 1997, c. 587.)

§ 15.2-621. Same; claims against counties; accounts.

The director of finance shall audit all claims against the county for goods or services. It shall be his duty (i) to ascertain that such claims are in accordance with the purchase orders or contracts from which the claims arise; (ii) to draw all checks in settlement of such claims; (iii) to keep a record of the revenues and expenditures of the county; (iv) to keep such accounts and records of the affairs of the county as shall be prescribed by the Auditor of Public Accounts; and (v) at the end of each month, to prepare and submit to the board statements showing the progress and status of the county's affairs in such form as agreed upon by the Auditor of Public Accounts and the board.

(Code 1950, § 15-320; 1954, c. 46; 1956, c. 349; 1959, Ex. Sess., c. 69; 1962, cc. 399, 623, § 15.1-640; 1982, c. 647; 1991, c. 16; 1997, c. 587.)

§ 15.2-622. Same; director as purchasing agent.

The director of finance shall act as purchasing agent for the county, unless the board designates another officer or employee for such purpose. The director of finance or the person designated as purchasing agent shall make all purchases, subject to such exceptions as the board allows. He may transfer supplies, materials and equipment between departments and offices; sell, exchange or otherwise dispose of any surplus supplies, materials or equipment; and make such other sales, exchanges and dispositions as the board authorizes. He may, with the approval of the board, establish suitable specifications or standards for all goods, services, insurance and construction to be procured for the county; inspect all deliveries to determine their compliance with such specifications and standards; and sell supplies, materials and equipment to volunteer emergency medical services agencies at the same cost as the cost of such supplies, materials and equipment to the county. He shall have charge of such storerooms and warehouses of the county as the board provides.

All purchases shall be made in accordance with Chapter 43 (§ 2.2-4300 et seq.) of Title 2.2 and under such rules and regulations consistent with Chapter 43 of Title 2.2 as the board establishes. He shall not furnish any goods, services, insurance or construction to any department or office except upon receipt of a properly approved requisition and unless there is an unencumbered appropriation balance sufficient to pay for them.

(Code 1950, § 15-320; 1954, c. 46; 1956, c. 349; 1959, Ex. Sess., c. 69; 1962, cc. 399, 623, § 15.1-640; 1982, c. 647; 1991, c. 16; 1997, c. 587; 2015, cc. 502, 503.)

The 2015 amendments. - The 2015 amendments by cc. 502 and 503 are identical, and substituted "emergency medical services agencies" for "rescue squads" in the first paragraph.

§ 15.2-623. Same; assistants.

The director may have such deputies or assistants in the performance of his duties as the board allows.

(Code 1950, § 15-320; 1954, c. 46; 1956, c. 349; 1959, Ex. Sess., c. 69; 1962, cc. 399, 623, § 15.1-640; 1982, c. 647; 1991, c. 16; 1997, c. 587.)

§ 15.2-624. Same; obligations of chief assessing officer.

The chief assessing officer shall be subject to the obligations and penalties imposed by general law upon commissioners of the revenue.

(Code 1950, § 15-320; 1954, c. 46; 1956, c. 349; 1959, Ex. Sess., c. 69; 1962, cc. 399, 623, § 15.1-640; 1982, c. 647; 1991, c. 16; 1997, c. 587.)

§ 15.2-625. Department of public works.

The county engineer, who shall be head of the department of public works, shall be responsible for the construction and maintenance of county roads and bridges, county stormwater systems within public rights-of-way and public easements and all other public works. He shall exercise the powers conferred and perform the duties imposed by general law upon the county engineer and in addition shall perform such other duties as the board imposes upon him.

(Code 1950, § 15-321; 1962, c. 623, § 15.1-641; 1997, c. 587.)

§ 15.2-626. Department and board of social services.

The director of social services, who shall be head of the department of social services, shall exercise the powers conferred and perform the duties imposed by general law upon the county board of social services, not inconsistent herewith. He shall also perform such other duties as the board of supervisors imposes upon him.

The county board of social services shall consist of six members; shall have all the powers, duties, and authority set out in Chapter 3 (§ 63.2-300 et seq.) of Title 63.2 of the Code of Virginia; and shall be appointed by the board of supervisors, which may fix, within the limits set forth in § 63.2-310 , the compensation of the members of such board. At all times one member of the county board of social services shall also be a member of the board of supervisors. The board of social services may at any time be abolished by the board of supervisors.

(Code 1950, § 15-322; 1962, c. 623, § 15.1-642; 1997, c. 587.)

§ 15.2-627. Department of education.

The department of education shall consist of the county school board, the division superintendent of schools and the officers and employees thereof. Except as herein otherwise provided, the county school board and the division superintendent of schools shall exercise all the powers conferred and perform all the duties imposed upon them by general law. Except for the initial elected board which shall consist of five members, the county school board shall be composed of not less than three nor more than nine members; however, there shall be at least one school board member elected from each of the county's magisterial or election districts. The members shall be elected by popular vote from election districts coterminous with the election districts for the board of county supervisors. The exact number of members shall be determined by the board of county supervisors. Elections of school board members shall be held to coincide with the elections of members of the board of county supervisors at the regular general election in November. The terms of office for the county school board members shall be the same as the terms of the members of the board of county supervisors and shall commence on January 1 following their election.

A vacancy in the office of school board member shall be filled pursuant to §§ 24.2-226 and 24.2-228 .

In order to have their names placed on the ballot, all candidates shall be nominated only by petition as provided by general law pursuant to § 24.2-506 .

The county school board may also have a position of tie breaker for the purpose of casting the deciding vote in cases of tie votes of the school board as provided in § 22.1-75. The position of tie breaker, if any, shall be held by a qualified voter who is a resident of the county and who shall be elected in the same manner and for the same length of term as the members of the school board and at a general election at which members of the school board are elected. A vacancy in the position of tie breaker shall be filled pursuant to §§ 24.2-226 and 24.2-228 .

The chairman of the county school board, for the purpose of appearing before the board of county supervisors, shall be considered head of this department, unless some other person in the department shall be designated by the school board for such purpose.

(Code 1950, § 15-324; 1956, c. 153; 1962, c. 623, § 15.1-644; 1980, c. 559; 1981, c. 246; 1982, cc. 32, 75; 1995, c. 8; 1996, c. 873; 1997, c. 587; 2014, c. 772.)

Cross references. - As to public hearing before appointment of school board members, see § 22.1-29.1.

Editor's note. - Acts 2014, c. 772, cl. 2 provides: "That the provisions of this act shall not be construed to affect the term of any tie breaker appointed by an elected school board prior to July 1, 2014."

The 2014 amendments. - The 2014 amendment by c. 772, in the fourth paragraph, substituted "have a position of tie breaker for the purpose of casting the deciding vote in cases of tie votes" for "appoint a resident of the county to cast the deciding vote in case of a tie vote" in the first sentence, and rewrote the second sentence, which read "The tie breaker, if any, shall be appointed for a four-year term whether appointed to fill a vacancy caused by expiration of term or otherwise." For applicability, see Editor's note.

§ 15.2-628. Terms of school boards.

Notwithstanding the provisions of the preceding sections, in any county which hereafter adopts the county manager form of organization and government under this chapter, the members of the county school board then in office shall be appointed or reappointed, as the case may be, for terms of four years each, except that initial appointments hereunder may be for terms of one to four years, respectively, so as to provide staggered terms for such members.

(1966, c. 624, § 15.1-644.1; 1980, c. 559; 1997, c. 587.)

§ 15.2-629. Department and board of health.

The department of health shall consist of the county health director, who shall be appointed as provided in the applicable provisions of Article 5 (§ 32.1-30 et seq.) of Chapter 1 of Title 32.1 and who shall be head thereof, and the other officers and employees of such department. The head of the department shall exercise the powers conferred and shall perform the duties imposed upon the local health director by general law, not inconsistent herewith. He shall also perform such other duties as may be imposed upon him by the board or, if the health department is operated under contract with the State Board of Health, as may be specified in such contract.

If the board appoints a local board of health as provided in § 32.1-32 , it shall consist of two qualified citizens of the county, who shall serve without pay, and the county health director. Such board shall have power to adopt necessary rules and regulations, not in conflict with law, concerning the department. The board of health may at any time be abolished by the board of supervisors.

(Code 1950, § 15-326; 1962, c. 623, § 15.1-646; 1966, c. 304; 1975, c. 575; 1979, c. 719; 1997, c. 587.)

Editor's note. - Acts 1988, c. 816, cl. 1, as amended by Acts 1991, c. 36, cl.1, provides: "1. § 1. Option of certain county to operate local health department under contract with the Board of Health. - The governing body of any county having the county manager plan of government may enter into a contract with the State Board of Health to operate the local health department in such county. The governing body shall not eliminate any service required by law or reduce the level of service below that required by law. In addition, the local governing body shall not eliminate or reduce the level of any services currently delivered in connection with the Virginia Medicaid program.

"Any contract executed between the county and the Board shall set forth the rights and responsibilities of the local governing body for the delivery of health services and shall require that the governing body, with the concurrence of the State Health Commissioner, appoint the local health director in accordance with local procedures, who shall be employed full time as an employee of the governing body. All employees of the local health department operated by the governing body of the county shall be employees of the governing body.

"The local governing body shall operate the local health department, pursuant to the terms of the contract, within local appropriations and any state funds which may be made available to it, pursuant to the appropriation act.

"The local governing body shall maintain and submit such financial and statistical records as may be required by the State Board of Health.

"The local health department in such county shall be the sole owner of all equipment and supplies, including all equipment and supplies used by the local health department at the time of execution of the contract, which were or are purchased for providing public health services regardless of the source of the funds for such purchases."

§ 15.2-630. Department of assessments.

The department of assessments, if and when established, shall be headed by a commissioner of the revenue or supervisor of assessments, who shall exercise the powers conferred and perform the duties imposed by § 15.2-619 upon the director of finance.

(Code 1950, § 15-327; 1962, c. 623, § 15.1-647; 1997, c. 587.)

§ 15.2-631. Department of extension and continuing education.

The department of extension and continuing education, if and when established, shall consist of the county extension agent, who shall be head of the department, a home economics agent, a 4-H youth agent and such other extension agents and employees as may be appointed or employed. The county extension agent and the other extension agents shall be selected from a list of eligibles submitted by the Virginia Polytechnic Institute and State University. They shall perform such duties as the board imposes upon them.

(Code 1950, § 15-328; 1962, c. 623, § 15.1-648; 1997, c. 587.)

§ 15.2-632. Department of public safety.

The department of public safety if and when established shall be under the supervision of a director of public safety appointed by the county manager. Such department shall consist of the following divisions:

1. Division of police, in charge of a chief of police and consisting of such other police officers and personnel as may be appointed, including an animal protection police officer who shall have all of the powers of an animal control officer conferred by general law and one or more deputy animal protection police officers to assist the animal protection police officer in the performance of his duties. In addition, the animal protection police officer and his deputies shall have all of the powers vested in law-enforcement officers as defined in § 9.1-101 , provided they have met the minimum qualifications and have been certified under §§ 15.2-1705 and 15.2-1706 .
2. Division of fire protection, in charge of a fire chief and consisting of such fire fighters, and other personnel as may be appointed.

   (Code 1950, § 15-328.1; 1956, c. 277; 1962, c. 623, § 15.1-649; 1977, c. 326; 1997, c. 587; 2010, c. 621.)

The 2010 amendments. - The 2010 amendment by c. 621 redesignated former subdivisions (1) and (2) as present subdivisions 1 and 2, respectively; and in subdivision 1, added the language following "as may be appointed."

§ 15.2-633. Office of the county attorney.

The board may create the office of county attorney. The county attorney shall be appointed by the county manager, and serve at a salary fixed by the board. He shall be accountable to the county manager.

No person shall be appointed a county attorney under the provisions of this section unless at the time of his appointment he has been admitted to practice before the Supreme Court of Virginia.

(1964, c. 312, § 15.1-9.1; 1973, c. 287; 1977, c. 584; 1982, c. 30; 1997, c. 587.)

Michie's Jurisprudence. - For related discussion, see 5A M.J. Counties, § 38.

§ 15.2-634. Department of public utilities.

The department of public utilities, if and when established, shall be under the supervision of a director of public utilities appointed by the county manager. The department shall be in charge of the construction, operation, maintenance and administration of public utilities, owned, operated and controlled by the county or any sanitary district of the county, including but not limited to water systems, sewer systems, sewage disposal systems, solid waste management, street lights and any other related functions not assigned to or administered by other departments. If the county has a division of fire and a fire chief under the provisions of § 15.2-633 , then the division of fire shall not be under the department of public utilities.

(Code 1950, § 15-328.2; 1956, c. 200; 1962, c. 623, § 15.1-650; 1997, c. 587.)

§ 15.2-634.1. Background checks required for certain employees.

As a condition of employment, any county having the county manager form of government shall require any applicant who is offered or accepts employment, whether full-time or part-time, permanent or temporary or contractual, at such county's water treatment facility after September 1, 2001, to submit to fingerprinting and to provide personal descriptive information to be forwarded along with the applicant's fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal history record information regarding such applicant. Such applicants shall, if required by ordinance, pay the cost of fingerprinting or a criminal records check or both.

The Central Criminal Records Exchange, upon receipt of an applicant's record or notification that no record exists, shall make a report to the county manager or his designee, who must belong to a governmental entity. If an applicant is denied employment because of the information appearing in his criminal history record, the county shall notify the applicant that information obtained from the Central Criminal Records Exchange contributed to such denial. The information shall not be disseminated except as provided for in this section.

(2003, c. 202.)

Effective date. - This section became effective March 16, 2003.

§ 15.2-635. Selection or appointment of certain officers and heads of departments; filling vacancies.

The clerk of the circuit court, the attorney for the Commonwealth and the sheriff shall be selected in the manner and for the terms, and vacancies in such office shall be filled, as provided by general law.

The clerk of the circuit court shall be clerk of the board of supervisors unless the board designates some other person for this purpose. The clerk of the board shall exercise the powers conferred and perform the duties imposed upon such officer by general law and shall be subject to the obligations and penalties imposed by general law. He shall also perform such other duties as the board imposes upon him.

The directors or heads of all other departments of the county shall be appointed by the county manager. The county manager may, with the board's consent, act as the director or head of one or more departments of the county, provided he is otherwise eligible to head such department or departments and, in the case of those officers whose appointments must be approved, his appointment is likewise approved.

In case of the absence or disability of any officer, other than the attorney for the Commonwealth, the clerk of the circuit court and the sheriff, which offices shall be filled as prescribed by general law, the county manager or other appointing power may designate some responsible person to perform the duties of the office.

(Code 1950, § 15-329; 1962, c. 623, § 15.1-652; 1997, c. 587.)

Michie's Jurisprudence. - For related discussion, see 5A M.J. Counties, § 52.

§ 15.2-636. Examination and audit of books and accounts.

The board shall require an annual audit of the books of every county officer who handles public funds to be made by an accountant who is not a regular officer or employee of the county and who is qualified by training and experience. An audit made by the Auditor of Public Accounts under the provisions of law may be considered as having satisfied the requirements of this paragraph.

Either the board or the manager may at any time order an examination or audit of the accounts of any officer or department of the county government. Upon the death, resignation, removal or expiration of the term of any county officer, the director of finance shall cause an audit and investigation of the accounts of such officer to be made and shall report the results to the manager and the board. In case of the death, resignation or removal of the director of finance, the board shall cause an audit to be made of his accounts. If as a result of any such audit, an officer is found indebted to the county, the board shall proceed forthwith to collect such indebtedness.

(Code 1950, § 15-330; 1962, c. 623, § 15.1-653; 1997, c. 587.)

§ 15.2-637. Schedule of compensation.

The board shall establish a schedule of compensation for officers and employees which shall provide uniform compensation for like service. The compensation prescribed shall be subject to such limitations as made by general law.

(Code 1950, § 15-331; 1962, c. 623, § 15.1-654; 1997, c. 587.)

§ 15.2-638. Submission of annual financial plan by manager; notice and hearings thereon; adoption of budget.

Each year at least two weeks before the board must prepare its proposed annual budget, the county manager shall prepare and submit to the board a budget presenting a financial plan for conducting the county's affairs for the ensuing year. Such budget shall be set up in the manner prescribed by general law. Hearings shall be held, notice given and the budget adopted in accordance with general law.

(Code 1950, § 15-332; 1962, c. 623, § 15.1-655; 1997, c. 587.)

Cross references. - For the State and Local Government Conflict of Interests Act, see § 2.2-3100 et seq.

§ 15.2-639. Compensation; fee system abolished.

All county officers and employees shall be paid regular compensation. The fee system as a method of compensation in the county shall be abolished, except for officers not affected by the adoption of this form of county organization and government. All such officers and employees shall, however, continue to collect all fees and charges provided for by general law, shall keep a record thereof, and shall promptly transmit all such fees and charges collected to the director of finance, who shall promptly receipt therefor. Such officers shall also keep such other records as are required by § 17.1-283 . All fees and commissions which, but for the provisions of this section, would be paid to such officers by the Commonwealth for services rendered shall be paid to the county treasury.

The excess, if any, of the fees collected by each of the officers mentioned in § 17.1-283 or collected by anyone exercising the powers of and performing the duties of any such officer, over (i) the allowance to which such officer would be entitled by general law but for the provisions of this section and (ii) expenses in such amount as allowed by the Compensation Board, shall be paid, one third into the state treasury and the other two thirds to the county.

Any county officer or employee who fails or refuses to collect any fee which is collectible and should be collected under the provisions of this section, or who fails or refuses to pay any fee so collected to the county as herein provided, shall upon conviction be deemed guilty of a misdemeanor.

(Code 1950, § 15-334; 1962, c. 623, § 15.1-657; 1997, c. 587.)

Editor's note. - Acts 2020, c. 1289, as amended by Acts 2021, Sp. Sess. I, c. 552, Item § 3-5.05, effective for the biennium ending June 30, 2022, provides: "Notwithstanding §§ 15.2-540 , 15.2-639 , 15.2-848 , 17.1-285 , and any other provision of law general or special, effective July 1, 2009, the Commonwealth shall be entitled to two-thirds of the excess fees collected by the clerks of the circuit courts as required to be reported under § 17.1-283 ."

§ 15.2-640. Establishing times and conditions of employment, personnel management, etc.

The county may establish and prescribe for all employees of the county the following provisions applicable to such employees:

1. Normal workdays and hours of employment therein;
2. Holidays;
3. Days of vacation allowed;
4. Days of sick leave allowed;
5. Other provisions concerning the hours and conditions of employment;
6. Plans of personnel management and control.

   The county may establish, alter, amend or repeal at will any provision adopted under this section.

   (Code 1950, § 15-334.1; 1952, c. 246; 1962, c. 623, § 15.1-658; 1997, c. 587.)

§ 15.2-641. Bonds of officers.

The county manager shall give bond in the amount of not less than $5,000. The director of finance shall give bond in accordance with general law. If the county manager also serves as director of finance, he shall give bond in the full amounts indicated above. The board shall have the power to fix bonds in excess of these amounts and to require bonds of other county officers in their discretion, conditioned on the faithful discharge of their duties and the proper account for all funds coming into their possession.

(Code 1950, § 15-336; 1950, p. 107; 1962, c. 623, § 15.1-660; 1997, c. 587.)

Cross references. - As to amount of bond of county treasurer or director of finance, see § 15.2-1529 .

§ 15.2-642. Officers not affected by adoption of plan.

The following officers shall not, except as herein otherwise provided, be affected by the adoption of the county manager form:

1. Jury commissioners;
2. County electoral boards;
3. Registrars;
4. Judges and clerks of elections; and
5. Magistrates.

   (Code 1950, § 15-338; 1950, p. 974; 1952, c. 37; 1962, cc. 596, 623, § 15.1-662; 1973, c. 545; 1997, c. 587.)

§ 15.2-700. Title of plan; applicability of chapter.

The form of county organization and government provided for in this chapter shall be known and designated as the county manager plan. The provisions of this chapter shall apply only to counties which have adopted the county manager plan.

(1997, c. 587.)

§ 15.2-701. Adoption of county manager plan.

Any county with a population density of at least 500 persons per square mile may adopt the county manager plan of government in accordance with the provisions of Chapter 3 (§ 15.2-300 et seq.).

(1997, c. 587.)

§ 15.2-702. County board; membership, terms, chairman, etc.

Under the county manager plan all of the legislative powers of the county, however conferred or possessed by it, shall be vested in a board of five members to be known as the county board ("the board"). The members of the board shall be elected in the manner hereinafter provided for terms of four years. The board shall elect one of its members as chairman, who shall preside over its meetings. The chairman shall be elected by the board annually and any vacancy in the office shall be filled by the board for the unexpired term. The chairman has the same powers and duties as other members of the board with a vote but no veto and is the official head of the county. With the exception of those officers whose election is provided for by popular vote in Article VII, Section 4 of the Constitution of Virginia, board members shall be the only elective county officials. The board shall be a body corporate and as such has the right to sue and be sued in the same manner as is now provided by law for boards of supervisors.

(Code 1950, § 15-350; 1962, c. 623, § 15.1-674; 1971, Ex. Sess., c. 1; 1997, c. 587.)

Editor's note. - As to composition of school boards, see § 22.1-47. As to election and term of county supervisors, see § 24.2-218 . As to exceptions from general early retirement provisions for certain local government officials, see § 51.1-155.2 .

§ 15.2-702.1.

Repealed by Acts 2006, c. 126, cl. 2.

Editor's note. - Former § 15.2-702.1 , pertaining to salaries and expenses of board members, was enacted by Acts 1997, c. 778, as § 15.1-687.25, and incorporated into Title 15.2 pursuant to Acts 1997, c. 587, cl. 6.

§ 15.2-703. Interference by members of board in appointments and removals of personnel.

Neither the board nor any of its members shall in any manner dictate the appointment or removal of any county administrative officers or employees who are appointed by the manager or any of his subordinates. However, the board may express its views and fully and freely discuss with the manager anything pertaining to appointment and removal of such officers and employees. Except for the purposes of inquiry and investigation, the board and its members shall deal with county officers and employees who are subject to the direction and supervision of the manager solely through the county manager, and neither the board nor any member thereof shall give orders either publicly or privately to any such county officer or employee.

(Code 1950, § 15-350.1; 1952, c. 443; 1962, c. 623, § 15.1-675; 1982, c. 108; 1997, c. 587.)

§ 15.2-704. Appointment of clerk of board; powers and duties; obligations and penalties.

The clerk of the board shall be such qualified person as the board designates. He shall be compensated in an amount set by the board and may employ such deputies and assistants as the board authorizes. He shall exercise the powers conferred and perform the duties imposed upon such officers by general law and shall be subject to the obligations and penalties imposed by general law. He shall also perform such other duties as the board imposes upon him.

(Code 1950, § 15-350.2; 1962, c. 19, § 15.1-675.1; 1982, c. 108; 1997, c. 587.)

Michie's Jurisprudence. - For related discussion, see 5A M.J. Counties, § 52; 13B M.J. Municipal Corporations, § 78.

§ 15.2-705. Election of members of board; filling vacancies.

1. In any county operating as of December 1, 1993, under the county manager plan provided for in this chapter, the members of the board shall be elected and vacancies on the board shall be filled as provided in this section. The members of the board shall be elected from the county at large.
2. Two board members shall be elected at the November 1995 election to succeed the members whose terms are expiring, and one member each shall be elected at the 1994, 1996, and 1997 November elections to succeed the members whose terms respectively are expiring. Thereafter at each regular November election one or more board members shall be elected to succeed the members whose terms expire on or before January 1 next succeeding such election. The members so elected shall be elected for terms of four years each, shall take office on January 1 next succeeding their election, and shall hold office until their successors are elected and qualify. The board may provide, by ordinance, for the nomination or election of candidates by instant runoff voting pursuant to § 15.2-705.1 .
3. Notwithstanding the provisions of § 24.2-226 , when any vacancy occurs in the membership of the board, the judge of the circuit court of the county shall call a special election for the remainder of the unexpired term to be held not less than 60 days and not more than 80 days thereafter, and the local electoral board shall determine and announce within three business days after such call the candidate filing deadline for that special election. However, if any vacancy occurs within 180 days before the expiration of a term of office, the vacancy shall be filled by appointment by a majority vote of the remaining members of the board within 30 days of the occurrence of the vacancy after holding a public hearing on the appointment. The appointment shall be for the duration of the unexpired term. (Code 1950, § 15-351; 1952, c. 591; 1954, c. 151; 1958, c. 207; 1962, c. 623, § 15.1-676; 1975, cc. 517, 636; 1993, c. 731; 1997, c. 587; 1998, cc. 345, 369; 2014, c. 573; 2020, c. 713.)

Editor's note. - Acts 2020, c. 713, cl. 2 provides: "That any costs incurred by the Department of Elections related to changes in technology that are necessary for the implementation of this act, including changes to technology for receiving the results of elections conducted pursuant to this act, shall be charged to the localities exercising the option to proceed with instant runoff voting."

The 1998 amendments. - The 1998 amendment by cc. 345 and 369 are identical, and in subsection C, in the first sentence, added "and the local electoral board shall determine and announce within three business days after such call the candidate filing deadline for that special election."

The 2014 amendments. - The 2014 amendment by c. 573, in subsection C, substituted "60" for "forty-five," "80" for "sixty" in the first sentence and "30" for "thirty" in the second sentence.

The 2020 amendments. - The 2020 amendment by c. 713 added the last sentence of subsection B.

§ 15.2-705.1. Instant runoff voting.

1. For purposes of this section:

   "Instant runoff voting" means a method of casting and tabulating votes in which (i) voters rank candidates in order of preference, (ii) tabulation proceeds in rounds such that in each round either a candidate or candidates are elected or the last-place candidate is defeated, (iii) votes for voters' next-ranked candidates are transferred from elected or defeated candidates, and (iv) tabulation ends when the number of candidates elected equals the number of offices to be filled. "Instant runoff voting" is also known as "ranked choice voting."

   "Ranking" means the ordinal number assigned on a ballot by a voter to a candidate to express the voter's preference for that candidate. Ranking number one is the highest ranking, ranking number two is the next-highest ranking, and so on, consecutively, up to the number of candidates indicated on the ballot.

2. Elections to nominate candidates for and to elect members to the board of supervisors in a county operating under the county manager plan may be conducted by instant runoff voting pursuant to this section.
3. The State Board may promulgate regulations for the proper and efficient administration of elections determined by instant runoff voting, including (i) procedures for tabulating votes in rounds, (ii) procedures for determining winners in elections for offices to which only one candidate is being elected and for offices to which more than one candidate is being elected, and (iii) standards for ballots pursuant to § 24.2-613 , notwithstanding the provisions of subsection E of that section.
4. The State Board may administer or prescribe standards for a voter outreach and public information program for use by any locality conducting instant runoff voting pursuant to this section.

   (2020, c. 713.)

Editor's note. - Acts 2020, c. 713, cl. 2 provides: "That any costs incurred by the Department of Elections related to changes in technology that are necessary for the implementation of this act, including changes to technology for receiving the results of elections conducted pursuant to this act, shall be charged to the localities exercising the option to proceed with instant runoff voting."

§ 15.2-706. Duties of county manager; compensation; appointment of officers and employees.

The administrative and executive powers of the county, including the power of appointment of all officers and employees whose appointment or election is not otherwise provided by law, are vested in the county manager, who shall be appointed by the board at its first meeting or as soon thereafter as practicable. The county manager need not be a resident of the county or of the Commonwealth. He shall receive such compensation as shall be fixed by the board. The officers whose election by popular vote is provided for in Article VII, Section 4 of the Constitution of Virginia, the school board and the superintendent of schools shall not be subject to appointment but shall be selected in the manner prescribed by law. The heads of all departments other than those hereinbefore referred to and excepted from the provisions of this section shall be selected by the county board. However, if a majority of the qualified voters voting in the election required by § 15.2-716 vote in favor thereof, then the heads of the several county departments, other than those hereinbefore referred to and excepted from the provisions of this section shall be appointed by the county manager.

(Code 1950, § 15-352; 1952, c. 198; 1962, c. 623, § 15.1-677; 1971, Ex. Sess., c. 1; 1997, c. 587.)

§ 15.2-707. Bonds of county officers and employees.

The county officers shall give such bonds as are now required by general law, except that the bond of the treasurer shall be in such penalty as the court or judge requires, but not less than fifteen percent of the amount to be received annually by him. In addition, the board may fix and require bonds in excess of the amounts so required, and may require bonds of other county officers and employees in the board's discretion, conditioned on the faithful discharge of their duties and the proper accounting for all funds coming into their possession.

(Code 1950, § 15-352.1; 1962, c. 623, § 15.1-678; 1997, c. 587.)

Cross references. - As to amount of bond of county treasurer or director of finance, see § 15.2-1529 .

§ 15.2-708. Term of office of county manager; salary and performance of duties; acting manager in case of temporary absence or disability; removal or suspension.

The term of office of the county manager shall expire on June 30 of each year. Except as hereinafter provided, he shall be notified at least sixty days before the expiration of his term if his services are not desired for the ensuing twelve-month period. He shall receive such annual salary as the board may prescribe payable from county funds. He shall devote his full time to the performance of the duties imposed on him by law, and the performance of such other duties as the board directs.

To perform his duties during his temporary absence or disability the manager may designate by letter filed with the clerk of the board a qualified administrative officer of the county to be acting manager. If the manager fails to make such designation, the board may, by resolution, appoint an officer of the county to perform the duties of the manager until he returns or his disability ceases.

The board may at any time remove the county manager for neglect of duty, malfeasance or misfeasance in office, or incompetency. If a majority of the qualified voters voting in the election required by § 15.2-301 vote in favor thereof, the county manager shall be appointed for an indefinite period and be subject to removal by the county board at any time, any other provision of law to the contrary notwithstanding. If the board determines to remove the county manager, he shall be given, if he so requests, a written statement of the reasons alleged for the proposed removal and the right of a hearing thereon at a public meeting of the board prior to the date on which his final removal takes effect. Pending and during such hearing the board may suspend him from office, provided that the period of suspension be limited to thirty days. The action of the board in suspending or removing the county manager shall not be subject to review.

(Code 1950, § 15-352.2; 1952, c. 198; 1962, c. 623, § 15.1-679; 1997, c. 587; 1999, c. 136.)

The 1999 amendment deleted "in monthly installments" preceding "from county funds" in the first paragraph, in the third sentence.

§ 15.2-709. Investigation of county officers or employees.

The board may inquire into the official conduct of any office, officer or employee under its control, and investigate the accounts, receipts, disbursements and expenses of any such office, officer or employee. For these purposes it may subpoena county employees as witnesses, administer oaths and require the production of books, papers and other evidence in their control. If any such witness fails or refuses to obey any such lawful board order, he shall be deemed guilty of a misdemeanor.

(Code 1950, § 15-352.4; 1952, c. 162; 1962, c. 623, § 15.1-681; 1997, c. 587.)

Michie's Jurisprudence. - For related discussion, see 5A M.J. Counties, §§ 37, 38.

§ 15.2-709.1. Applicant preemployment information in Arlington County.

Arlington County, having a local ordinance adopted in accordance with § 19.2-389, shall require applicants for employment with the county to submit to fingerprinting and to provide personal descriptive information to be forwarded along with the applicant's fingerprints through the Central Criminal Records Exchange and the Federal Bureau of Investigation for the purpose of obtaining criminal history record information regarding such applicant. Such applicants shall, if required by ordinance, pay the cost of the fingerprinting or criminal records check or both.

The Central Criminal Records Exchange, upon receipt of an applicant's record or notification that no record exists, shall make a report to the county manager or his designee, who must belong to a governmental entity. In determining whether a criminal conviction directly relates to a position, the locality shall consider the following criteria: (i) the nature and seriousness of the crime; (ii) the relationship of the crime to the work to be performed in the position applied for; (iii) the extent to which the position applied for might offer an opportunity to engage in further criminal activity of the same type as that in which the person had been involved; (iv) the relationship of the crime to the ability, capacity or fitness required to perform the duties and discharge the responsibilities of the position being sought; (v) the extent and nature of the person's past criminal activity; (vi) the age of the person at the time of the commission of the crime; (vii) the amount of time that has elapsed since the person's last involvement in the commission of a crime; (viii) the conduct and work activity of the person prior to and following the criminal activity; and (ix) evidence of the person's rehabilitation or rehabilitative effort while incarcerated or following release.

If an applicant is denied employment because of information appearing in his criminal history record, the county shall notify the applicant that information obtained from the Central Criminal Records Exchange contributed to such denial. The information shall not be disseminated except as provided for in this section.

(2002, cc. 670, 730; 2003, c. 739.)

The 2003 amendments. - The 2003 amendment by c. 739, in the second paragraph, added "who must belong to a governmental entity" at the end of the first sentence and added the second sentence.

§ 15.2-709.2. County auditor.

The board may appoint a county auditor for the audit and review of county agencies and county-funded functions. The county auditor shall have the power to make performance reviews of operations of county agencies or county-funded programs to ascertain that sums appropriated are expended for the purposes for which such appropriations were made and to evaluate the effectiveness of those agencies and programs. The county auditor shall make such special studies and reports as the board directs.

The board may provide staff assistance to the county auditor that may be independent of the administrative staff of the county. The county auditor and any such staff shall be hired on the basis of merit and shall be paid in conformity with existing pay scales. The county auditor shall serve at the pleasure of the board, and if removed, such removal shall not be subject to review by any other employee, agency, board, or commission of the county or under the grievance procedure adopted pursuant to § 15.2-1506 .

(2015, c. 282.)

§ 15.2-710. Budget; county manager to be executive and administrative officer; financial condition of county.

In addition to such other duties as are or may be prescribed by law or directed by the board, the county manager shall each year on or before April 15 prepare and submit to the board a tentative budget for informative and fiscal planning purposes. The budget shall be prepared in accordance with the provisions of law in effect governing the preparation of the county budget and shall show in detail the recommendations of the county manager for expenditures on each road and bridge or for other purposes.

The county manager shall be the executive and administrative officer of the county in all matters relating to the public roads and bridges of the county, and other public work and business in the county, except public schools. He shall have general supervision and charge of construction and maintenance of the public roads, bridges and landings of the county, and of public work and business of the county, except public schools, and of the purchase of supplies, equipment and materials for the roads, bridges and landings and other public work and business of the county, and the employment of all superintendents, foremen and labor therefor. However, the board may, by ordinance, prescribe rules and regulations for the purchase of all supplies, equipment and materials for the roads, bridges and landings and other public work and business of the county.

The county manager shall keep the board advised as to the county's financial condition, and shall periodically, and upon board request, provide a report to the board on the status of expenditures and revenues for the current fiscal year. On or before October 31 of each year, he shall provide a report to the board at a regular board meeting on expenses and revenue for the preceding year, ending June 30.

(Code 1950, § 15-353; 1952, c. 198; 1954, c. 102; 1959, Ex. Sess., c. 69; 1962, c. 623, § 15.1-682; 1997, c. 587; 2004, cc. 22, 510.)

The 2004 amendments. - The 2004 amendments by cc. 22 and 510 are identical, and rewrote the last paragraph, which formerly read: "The county manager shall keep the board advised as to the county's financial condition, and at each regular board meeting he shall present an itemized statement of all expenditures he has made since his last report. On or before July 15 of each year, he shall file with the clerk of the board an itemized statement showing the amount expended on each road, bridge or for other purposes for the preceding year, ending June 30."

§ 15.2-711. Certification and payment of payrolls.

The board by resolution may require the county manager to certify to the treasurer the payroll of the regular employees of the county for the successive payroll periods, and vouchers for the payment of bills for materials and supplies which have been received and for which discounts are allowed. Upon receipt thereof the treasurer shall pay the same as if they had been approved by the board. No payment shall be made hereunder when at any meeting of the county board a resolution opposing such method of payment has been adopted.

(Code 1950, § 15-353.1; 1952, c. 610; 1962, c. 623, § 15.1-683; 1976, c. 175; 1982, c. 108; 1997, c. 587.)

§ 15.2-712. Certification and payment of certain vouchers.

The board may by resolution authorize the county manager to sign and issue an order or authorization to the treasurer for payment of vouchers for materials, supplies and services which have been received and the treasurer shall pay the same. The provisions of § 15.2-711 shall apply to actions hereunder.

(Code 1950, § 15-353.2; 1954, c. 124; 1962, c. 623, § 15.1-684; 1976, c. 175; 1997, c. 587.)

Michie's Jurisprudence. - For related discussion, see 5A M.J. Counties, § 37.

§ 15.2-713. Means of transferring funds.

The treasurer or his duly authorized deputies may transfer public funds from one depository to another by wire. Such officers may also draw any of the county's money by check, by an electronic fund wire or payment system, or by any means deemed appropriate and sound by the county treasurer and approved by the governing body, drawn upon a warrant issued by the governing body. If any money is knowingly paid otherwise than upon the county treasurer's check, electronic fund wire or payment system or by alternative means specifically approved by the county treasurer and the governing body, drawn upon such warrant, the payment shall be invalid against the county.

(1978, c. 460, § 15.1-684.1; 1986, c. 293; 1997, c. 587.)

§ 15.2-714. Depository for county funds.

The board may designate one or more banks or trust companies as collecting or receiving agencies for county funds, which funds shall be deposited to the county's credit and be subject to the control of the county treasurer.

(1978, c. 460, § 15.1-684.2; 1997, c. 587.)

§ 15.2-715. Abolition of offices and distribution of duties.

The board, by a majority vote of all the members elected, may abolish any board, commission, or office of such county except the school board and school superintendent, and the officers elected by popular vote provided for in Article VII, Section 4 of the Constitution of Virginia, and may delegate and distribute the duties, authority and powers of the boards, commissions, or offices abolished to the county manager or to any other officer of the county it may think proper. If any such board, commission, or office is abolished, those to whom the duties thereof are delegated or distributed shall discharge the duties and exercise the powers and authorities of the abolished entity. Both they and the county for which they were appointed, or by whom they were employed, shall enjoy the immunities and exemptions from liability or otherwise that were enjoyed by the abolished boards, commissions, or offices, prior to the adoption of the county manager plan of government, except insofar as such duties, powers, authority, immunities and exemptions have been or hereafter may be changed according to law.

(Code 1950, § 15-354; 1962, c. 623, § 15.1-685; 1971, Ex. Sess., c. 1; 1997, c. 587; 2005, c. 839.)

The 2005 amendments. - The 2005 amendment by c. 839, effective October 1, 2005, deleted "and trial justice" preceding "and the officers" in the first sentence; and made a related change.

§ 15.2-716. Referendum for establishment of department of real estate assessments; board of equalization; general reassessments in county where department established.

A referendum may be initiated by a petition signed by 200 or more qualified voters of the county filed with the circuit court, asking that a referendum be held on the question of whether the county shall have a department of real estate assessments. The court shall on or before August 1 enter of record an order requiring the county election officials to open the polls at the regular election to be held in November of such year on the question stated in such order. If the petition seeks the holding of a special election on the question, then the petition hereinabove referred to shall be signed by 1,000 or more qualified voters of the county and the court shall within fifteen days of the date such petition is filed enter an order, in accordance with § 24.2-684 , requiring the election officials to open the polls on a date fixed in the order and take the sense of the qualified voters of the county. The clerk of the county shall cause a notice of such election to be published in a newspaper having general circulation in the county once a week for three successive weeks, and shall post a copy of such notice at the door of the county courthouse.

If a majority of the voters voting in the referendum vote for the establishment of a department of real estate assessments, the board shall by ordinance establish such department, provide for the compensation of the department head and employees therein, and decide such other matters in relation to the powers and duties of the department, the department head and the employees, as the board deems proper. As used in this section the term "department" refers to the department of real estate assessments and where proper the department head thereof.

Upon the establishment of the department, the county manager shall select the head thereof and provide for such employees and assistants as required. Such department shall be vested with the powers and duties conferred or imposed upon commissioners of the revenue by general law to the extent that such duties and powers are consistent with this section, in relation to the assessment of real estate. All real estate shall be assessed at its fair market value as of January 1 of each year by the department and taxes for each year on such real estate shall be entered on the land book by the department in the name of the owner thereof. Whenever any such assessment is increased over the last assessment made prior to such year, the department shall give written notice to the owner of such real estate or of any interest therein, by mailing such notice to the last known post-office address of such owner. However, the validity of such assessment shall not be affected by any failure to receive such notice.

If a department of real estate assessments is appointed as above provided, a board of equalization of real estate assessments shall be appointed pursuant to § 15.2-716.1 . Any person aggrieved by any assessment made under the provisions of this section may apply for relief to such board as therein provided.

When a department of real estate assessments is appointed, the county shall not be required to undertake general reassessments of real estate every six years, but the governing body of the county may, but shall not be required to, request the circuit court of such county to order a general reassessment at such times as the governing body deems proper. Such court shall then enter an order directing a reassessment of real estate in the manner provided by law.

The department of real estate assessments may require that the owners of income-producing real estate in the county subject to local taxation, except property producing income solely from the rental of no more than four dwelling units, furnish to the department on or before a time specified by the director of the department statements of the income and expenses attributable over a specified period of time to each such parcel of real estate. If there is a willful failure to furnish statements of income and expenses in a timely manner to the director, the owner of such parcel of real estate shall be deemed to have waived his right in any proceeding contesting the assessment to utilize such income and expenses as evidence of fair market value. Each such statement shall be certified as to its accuracy by an owner of the real estate for which the statement is furnished, or a duly authorized agent thereof. Any statement required by this section shall be kept confidential as required by § 58.1-3 .

(Code 1950, § 15-354.1; 1952, c. 611; 1962, c. 623, § 15.1-686; 1973, c. 274; 1975, c. 517; 1978, c. 460; 1979, c. 158; 1983, c. 364; 1997, c. 587; 2010, cc. 154, 199; 2017, c. 435.)

Cross references. - As to exemption of counties that have established a department of real estate assessments under this section from the requirement of general reassessment of real estate every four years, see § 58.1-3255 .

As to proration of personal property tax in certain counties and cities, see now § 58.1-3516 .

Editor's note. - Acts 2017, c. 435, cl. 3 provides: "That no provision of this act shall be construed to require a new referendum under § 15.2-716 of the Code of Virginia, as amended by this act, if a referendum was previously held and a majority of the voters authorized a department of real estate assessments."

The 2010 amendments. - The 2010 amendments by cc. 154 and 199 are identical, and in the fourth paragraph, added "pursuant to § 15.2-716.1 " at the end of the first sentence and deleted the former second sentence, which read: "Such board shall have the powers and duties provided by, and be subject to the provisions of, Chapter 32, Article 14 ( § 58.1-3370 et seq.) of Title 58.1."

The 2017 amendments. - The 2017 amendment by c. 435, in the fourth paragraph, deleted "the governing body of the county shall annually appoint" preceding "a board of equalization" and inserted "shall be appointed."

OPINIONS OF THE ATTORNEY GENERAL

Referendum. - County lacks the authority to conduct an advisory referendum regarding a proposed streetcar system. See opinion of Attorney General to The Honorable Patrick A. Hope, Member, House of Delegates, No. 14-065, 2014 Va. AG LEXIS 73 (11/6/14).

§ 15.2-716.1. Board of Equalization.

1. The membership of the board of equalization of real estate assessments shall be composed of an odd number of not less than three nor more than 11 members, as determined by the governing body of the county. The circuit court of the county shall appoint a number of members equal to the lowest number that constitutes a majority of members, and the governing body shall appoint the remainder. In making appointments, the circuit court shall consider recommendations from interested entities, including but not limited to the chamber of commerce for the county, and from other representatives of the business community. After the initial appointments, vacancies on the board shall be filled by the appointing authority that appointed the person vacating the position. The governing body may provide for terms varying in duration not to exceed four years. Such equalization board shall have the powers and duties provided by, and be subject to, the provisions of Article 14 (§ 58.1-3370 et seq.) of Chapter 32 of Title 58.1. Any person aggrieved by any assessment made under the provisions of this section may apply for relief to such board as therein provided. The provisions of this section shall not, however, apply to any real estate assessable under the law by the State Corporation Commission.
2. The board of equalization may sit in panels of at least three members each under the following terms and conditions:
   1. The presence of all members of the panel shall be necessary to constitute a quorum.
   2. The chairman of the board of equalization shall assign the members to panels and, insofar as practicable, rotate the membership of the panels.
   3. The chairman of the board of equalization shall preside over any panel of which he is a member and shall designate the presiding member of the other panels.
   4. Each panel shall perform its duties independently of the others.
   5. The board of equalization shall sit en banc (i) when there is a dissent in the panel to which the matter was originally assigned and an aggrieved party requests an en banc hearing or (ii) upon its own motion at any time, in any matter in which a majority of the board of equalization determines it is appropriate to do so. The board of equalization sitting en banc shall consider and decide the matter and may affirm, reverse, overrule or modify any previous decision by any panel.

      (2010, cc. 154, 199; 2017, c. 435.)

Editor's note. - Acts 2017, c. 435, cl. 2 provides: "That the circuit court and local governing body shall make initial appointments of members to the board of equalization pursuant to the provisions of this act on or before November 1, 2017. The initial appointments shall be for the remaining portion of the terms of current members. The circuit court and the local governing body shall specify each current member who is replaced by a new member and each current member who may be reappointed. Nothing in this act prohibits the initial appointment of a current member of the board to continue as a member."

Acts 2017, c. 435, cl. 3 provides: "That no provision of this act shall be construed to require a new referendum under § 15.2-716 of the Code of Virginia, as amended by this act, if a referendum was previously held and a majority of the voters authorized a department of real estate assessments."

The 2017 amendments. - The 2017 amendment by c. 435 rewrote the first sentence of subsection A, which formerly read: "The governing body of the county shall appoint a board of equalization of real estate assessments composed of not less than three nor more than 11 members" and added the last three sentences in the first paragraph.

§ 15.2-717. Time in which to contest real property assessments.

Any person aggrieved by an assessment of real estate made by the department of real estate assessments may apply for relief to the circuit court of the county within one year from December 31 of the year in which such assessment is made for assessments made prior to January 1, 2005; within two years from December 31 of the year in which such assessment is made for assessments made on and after January 1, 2005, but prior to January 1, 2007; and within the time frame as provided by general law pursuant to § 58.1-3984 for assessments made on and after January 1, 2007. No person may make such application for a year other than the current year unless such person has provided to the assessor, commissioner of the revenue, or the governing body, written notice of disagreement with the assessment, during the applicable tax year. The application shall be before the court when it is filed in the clerk's office. In such proceeding the burden of proof shall be on the taxpayer to show that the property in question is valued at more than its fair market value or that the assessment is not uniform in its application, or that the assessment is otherwise invalid or illegal, but it shall not be necessary for the taxpayer to show that intentional, systematic and willful discrimination has taken place. The proceedings shall be conducted as an action at law before the court, sitting without a jury, and the court shall act with the authority granted by §§ 58.1-3987 and 58.1-3988 .

(1991, c. 143, § 15.1-686.01; 1997, c. 587; 2003, c. 1036.)

Editor's note. - Acts 2003, c. 1036, cl. 4 provides: "That the provisions of this act shall apply to complaints filed with a board of equalization beginning with each county's, city's and town's first tax year commencing on or after January 1, 2004."

Acts 2003, c. 1036, cl. 12 provides: "That the fifth, sixth, and tenth enactments of this act are effective July 1, 2003. All other provisions of this act are effective January 1, 2004."

The 2003 amendments. - The 2003 amendment by c. 1036, effective January 1, 2004, rewrote the first sentence, which formerly read: "Notwithstanding any other provision of law and instead of any other right to apply to court, any person aggrieved by an assessment of real estate made by the department of real estate assessments may apply for relief to the circuit court of the county within one year from December 31 of the year in which such assessment is made," and inserted the second sentence.

Law review. - For survey article on judicial decisions in real estate law from June 1, 2002 through June 1, 2003, see 38 U. Rich. L. Rev. 223 (2003).

Research References. - Virginia Forms (Matthew Bender). No. 1-1202 Application to Circuit Court to Correct Erroneous Real Estate Tax Assessment.

Michie's Jurisprudence. - For related discussion, see 18 M.J. Taxation, §§ 66, 68.

§ 15.2-718. Postponement of payment of certain assessments.

The board may provide for the postponement of the payment of assessments made pursuant to the provisions of Article 2 (§ 15.2-2404 et seq.) of Chapter 24 of this title by any property owner at the election of the property owner. Full payment of the assessment plus accrued interest shall become due and payable at the time of the death of the owner or the last surviving joint owner who made such an election or at the time the property or any divided part is sold, devised, subdivided, or transferred in any way. The board may impose interest on the unpaid balance of such assessments at a rate not to exceed the judgment rate, but at a rate which may be different from that imposed on property owners making installment payments under § 15.2-2413 .

(1988, c. 532, § 15.1-686.5; 1997, c. 587.)

§ 15.2-719. Immobilization, etc., of certain vehicles.

The board may by ordinance place reasonable limits on the removal or immobilization of trespassing vehicles.

(1988, c. 532, § 15.1-686.6; 1997, c. 587.)

§ 15.2-719.1. Naming U.S. Route 29.

Notwithstanding the provisions of § 15.2-2019 or 33.2-213, the board may by ordinance name any section of U.S. Route 29 located within the boundaries of the locality. The Department of Transportation shall place and maintain appropriate signs indicating the name of such highway, and the costs of producing, placing, and maintaining these signs shall be paid by the locality.

(2021, Sp. Sess. I, c. 261.)

Effective date. - This section is effective July 1, 2021.

§ 15.2-720. Employee salary reduction agreements.

In connection with some or all of its employee benefit programs, the board is authorized to enter into voluntary salary reduction agreements with its officers and employees when such agreements are authorized under the laws of the United States relating to federal income taxes. Any such voluntary salary reduction agreements entered into prior to July 1, 1988, are hereby validated.

(1988, c. 532, § 15.1-686.7; 1997, c. 587.)

§ 15.2-720.1. Employee benefits; residence in county.

Notwithstanding any other provision of law, the county board, in order to ensure its competitiveness as an employer, may by ordinance provide for the use of funds, other than state funds, to provide grants for county and school board employees, as well as employees of local constitutional officers, to purchase or rent residences, for use as the employee's principal residence, within the county.

(2002, c. 330; 2004, cc. 22, 510.)

The 2004 amendments. - The 2004 amendments by cc. 22 and 510 are identical, and inserted "as well as employees of local constitutional officers."

§ 15.2-721. Civil service commission.

The board, in addition to any other powers granted by general or special law may appoint a civil service commission ("the commission"), to be composed of five persons who shall receive such compensation as the board prescribes. The initial terms of office of commission members shall be staggered so that the terms of no more than two commissioners expire at one time. At the expiration of the term of each such member, his successor shall be appointed for a term of four years.

The commission, subject to the control of the board, shall establish and operate a classified civil service system for any or all classes of county employees, as designated by the board, which system shall provide for appointment, promotion, demotion, transfer, suspension, reinstatement, retirement and discharge of such employees. To this end it may establish a personnel administration and promulgate rules and regulations for the furtherance of the matters herein set out. The commission may appoint such employees and staff as it deems necessary subject to prior authorization of the board.

Notwithstanding any other provision of law, the commission may establish its own rules, regulations, or procedures to govern the conduct of hearings before the commission, including whether to permit rehearings.

(Code 1950, § 15-355; 1962, c. 623, § 15.1-687; 1964, c. 64; 1978, c. 460; 1980, c. 79; 1989, c. 622; 1997, c. 587.)

§ 15.2-722. Personnel studies.

Notwithstanding any other provision of law to the contrary, any questionnaires, audit or interview notes, scoring keys, scoring sheets or similar documents pertaining to a classification and compensation study for county employees shall not be considered to be public or official records, except that any employee may inspect and copy any document which the employee has signed or filled out.

(1989, c. 622, § 15.1-687.01; 1997, c. 587.)

§ 15.2-723. Grievances by police officers.

In any county for which a trial board for police officers is provided by state statute, police officers may elect the remedy provided by Chapter 5 (§ 9.1-500 et seq.) of Title 9.1 in lieu of appealing to the trial board, but such election shall bar the right of appeal to the trial board or the right to employ any other grievance procedure with regard to the matters for which the provisions of such chapter are involved.

(1980, c. 79, § 15.1-687.1; 1997, c. 587.)

§ 15.2-724. Choice of powers where sanitary district involved.

Any county which has a sanitary district which includes the entire county, may exercise all of the powers granted to the sanitary district in the name of the county or in the name of the sanitary district, or both. If the board elects to exercise any of the powers of the sanitary district, it may expend funds from unrestricted county revenue sources, or from bonds issued pursuant to the Public Finance Act (Chapter 25 (§ 15.2-2500 et seq.) of this title), or from restricted use funds, as appropriate to exercise the powers granted the sanitary district.

(1980, c. 79, § 15.1-687.2; 1997, c. 587.)

§ 15.2-725. Commission on human rights; subpoena requests.

1. The board may, by ordinance, establish a local commission on human rights which shall have the following duties:
   1. To promote policies to ensure that all persons be afforded equal opportunity;
   2. To serve as an agency for receiving, investigating and assisting in the resolution of complaints from citizens of the county regarding discriminatory practices and, with the board's approval, to seek, through appropriate enforcement authorities, prevention of or relief from such practices.
2. The board may by ordinance provide that whenever the commission has reasonable cause to believe that any person has engaged in or is engaging in a violation of an authorized local human rights ordinance, and after making a good faith effort to obtain, voluntarily, the attendance of witnesses necessary to determine whether such violation occurred, the commission is unable to obtain such attendance, it may request the county attorney, with the approval of the board, to apply to the judge of the circuit court for the locality in which the witness resides or is doing business for a subpoena against such person refusing to appear as a witness, and the judge of such court may, upon good cause shown, cause the subpoena to be issued. Such ordinance shall provide that any witness subpoena so issued shall include a statement that any statements made will be under oath and the witness is entitled to be represented by an attorney. Such ordinance shall further provide that any person failing to comply with such subpoena so issued shall be subject to punishment for contempt by the court issuing the subpoena, and that any person so subpoenaed may apply to the judge who issued a subpoena to quash it.
3. Notwithstanding the provisions of subsection A, whenever a county has adopted an ordinance prohibiting discrimination as authorized by this section, such county may also in its ordinance prohibit discrimination in commercial real estate transactions.

   (1982, c. 108, § 15.1-687.3; 1991, c. 143, § 15.1-687.20; 1996, c. 877, § 15.1-687.24; 1997, c. 587.)

Cross references. - As to powers of local commissions under the Office of Human Rights, see § 2.2-524 .

§ 15.2-726. Acquisition of easements.

1. The board is hereby authorized, without limiting its authority to acquire by other means, to acquire by gift or purchase easements in gross or such other interest in real estate as are designed to maintain (i) the character and use of improved real property as rental property and not in a cooperative or condominium form of ownership or (ii) the market rents of a portion of the units in any multi-family residential property at a percentage of the market rent for the remaining units in the multi-family residential property, such percentages to be defined and stated in the easement; however, no property or interest therein shall be acquired by eminent domain by any public body for the purposes of provision (ii). However, this provision shall not limit the power of eminent domain as it was possessed by any public body prior to passage of provision (ii). Any such interest shall be for the minimum period specified by the county board and may be perpetual.
2. The county manager is hereby authorized to acquire, on behalf of the board, temporary construction easements, provided that such easements are (i) required for a construction project authorized by the board; (ii) of a duration that will end before or upon the completion of the project; and (iii) for nominal consideration.

   (1983, c. 364, § 15.1-687.4; 1991, c. 143; 1997, c. 587; 2004, cc. 22, 510.)

The 2004 amendments. - The 2004 amendments by cc. 22 and 510 are identical, and inserted the A designation at the beginning of the first paragraph and added subsection B.

§ 15.2-727. Payment of certain assessments.

The board may provide that the persons, firms or corporations against whom assessments have finally been made under Article 2 (§ 15.2-2404 et seq.) of Chapter 23 of this title may pay such assessments in equal installments over a period not exceeding ten years together with interest at a rate not to exceed ten percent per year on the unpaid balance. Such installments may become due at the same time that real estate taxes become due and payable and the amount of each installment, including principal and interest, shall be shown on the tax ticket mailed to each such person, firm or corporation by the treasurer.

(1983, c. 364, § 15.1-687.5; 1997, c. 587.)

§ 15.2-728. Title insurance for county real estate.

Notwithstanding any other provision of law, whenever any county purchases real estate for which the consideration paid exceeds $1,000, the county, in lieu of having the title examined and approved by an attorney-at-law, may purchase an insurance policy which insures the county's interest in the title to the property from a company which is authorized to issue such policies in the Commonwealth. Evidence of such insurance shall be filed with the clerk for the circuit court of the county along with the recorded deed or other papers by which the title is conveyed.

(1983, c. 364, § 15.1-687.6; 1997, c. 587.)

§ 15.2-729. Relocation assistance programs.

The board shall provide by local ordinance for the application of Chapter 4 (§ 25.1-400 et seq.) of Title 25.1 to displaced persons as defined in § 25.1-400 , in cases of acquisition of real property for use in projects or programs in which only local funds are used.

(1983, c. 364, § 15.1-687.7; 1997, c. 587; 2000, c. 851; 2003, c. 940.)

Editor's note. - Acts 2000, c. 851, cl. 2 provides: "That the provisions of this act shall not apply to the acquisition of real property by a public service corporation, municipal corporation, local governmental unit or political subdivision of the Commonwealth or any department, agency or instrumentality thereof, or two or more of the aforementioned, (i) that is the subject of a certificate recorded prior to January 1, 2001, in the clerk's office where deeds are recorded; (ii) that is the subject of a petition for condemnation filed prior to January 1, 2001; or (iii) that is required to construct a project funded by bonds approved prior to July 1, 2000."

The 2000 amendments. - The 2000 amendment by c. 851 substituted "shall" for "may" near the beginning of the section, and deleted "or as more narrowly defined by the board" following " § 25-238." See Editor's note.

The 2003 amendments. - The 2003 amendment by c. 940 substituted "Chapter 4 ( § 25.1-400 et seq.) of Title 25.1" for "Chapter 6 ( § 25-235 et seq.) of Title 25," and " § 25.1-400 " for " § 25-238."

Michie's Jurisprudence. - For related discussion, see 17 M.J. Streets and Highways, § 19.

§ 15.2-730. Civil penalties for violations of zoning ordinance.

Notwithstanding subdivision A 5 of § 15.2-2286 , a county may adopt an ordinance which establishes a uniform schedule of civil penalties for violations of specified provisions of the zoning ordinances regulating the storage of junk and the repair of motor vehicles. Such schedule of offenses shall not include any zoning violation resulting in injury to any person, and the existence of a civil penalty shall not preclude action by the zoning administrator under subdivision A 4 of § 15.2-2286 or action by the governing body under § 15.2-2208 .

This schedule of civil penalties may allow for progressively higher penalties for subsequent offenses whether or not the subsequent offenses arise from the same set of operative facts; however, the penalty for any one violation shall be a fine of not more than fifty dollars. Each day during which the violation is found to have existed shall constitute a separate offense. However, in no event shall specified violations arising from the same operative set of facts be charged more frequently than once in any ten-day period, and in no event shall a series of specified violations arising from the same operative set of facts result in civil penalties which exceed a total of $250. Designation of a particular zoning ordinance violation for a civil penalty pursuant to this section shall be in lieu of criminal sanctions, and except for any violation resulting in injury to any person, such designation shall preclude the prosecution of a violation as a criminal misdemeanor.

Any person summoned for a scheduled violation may make an appearance in person or in writing by mail to the treasurer of the county prior to the date fixed for trial in court. Any person so appearing may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged. Such persons shall be informed of their right to stand trial and that a signature to an admission of liability will have the same force and effect as a judgment of court.

If a person charged with a scheduled violation does not elect to enter a waiver of trial and admit liability, the violation shall be tried in the general district court in the same manner and with the same right of appeal as provided for in Title 8.01. In any trial for a scheduled violation authorized by this section, it shall be the burden of the county to show the liability of the violator by a preponderance of the evidence. An admission of liability or finding of liability shall not be a criminal conviction for any purpose.

No provision herein shall be construed to allow the imposition of civil penalties: (i) for enforcement of the Uniform Statewide Building Code; (ii) for activities related to land development or activities related to the construction or repair of buildings and other structures; or (iii) for violation of any provision of a local zoning ordinance relating to the posting of signs on public property or public rights-of-way.

(1985, c. 415, § 15.1-687.8; 1992, c. 298; 1997, c. 587.)

§ 15.2-731. Retirement benefits for part-time employees.

The board may by resolution elect to have those of its officers and employees who are regularly employed part-time on a salary basis, whose tenure is not restricted as to temporary or provisional appointment, become eligible to participate in the county retirement systems as provided by local ordinance.

(1985, c. 415, § 15.1-687.9; 1997, c. 587.)

§ 15.2-732. Peddlers; itinerant merchants.

A county may provide by ordinance for the regulation of sales of goods and services by peddlers or itinerant merchants on any public street or sidewalk.

(1986, c. 179, § 15.1-687.10; 1997, c. 587.)

Michie's Jurisprudence. - For related discussion, see 9A M.J. Hawkers and Peddlers, § 2.

§ 15.2-733. Summons for violations of litter control ordinances.

The board may adopt by ordinance procedures and a schedule of penalties so that the county manager or his designee may issue notices of violation for litter control ordinances. Before any summons is issued for the prosecution of a violation, the violator shall be notified by mail at his last known address that he may pay the fine, established by county ordinance, within five days of receipt of such notice to the county treasurer, and that the officer issuing the summons shall be notified that the violator has failed to pay such fine within such time. The notice to the violator, required by the provisions of this section, shall be contained in an envelope bearing the words "Law Enforcement Notice" stamped or printed on the face thereof in type at least one-half inch in height. The county manager may delegate the notification responsibility and the authority to make and enforce rules and regulations to the appropriate administrative official or employees.

(1986, c. 293, § 15.1-687.11; 1997, c. 587.)

§ 15.2-734. Purchase, sale, exchange, or lease of real property.

The board may (i) sell, at public or private sale, or exchange, lease (as lessor or lessee), mortgage, pledge, subordinate its interest in, or otherwise dispose of the real property, which includes the superjacent airspace, except airspace provided for in § 15.2-2030 , which may be subdivided and conveyed separate from the subjacent land surface, of the county; and (ii) purchase any real estate as may be necessary for the erection of all necessary county buildings. However, no such land shall be disposed of unless and until the governing body has held a public hearing concerning such disposal.

The board may acquire by purchase, gift, devise, bequest, grant, lease, or otherwise title to, or any interests or rights of less than fee-simple title in, any real property within its jurisdiction, for any public purposes.

The initial term of any lease shall not exceed seventy-five years, provided such lease term is not prohibited by the Constitution of Virginia. The terms and provisions of any lease shall be prescribed by the county board, provided that any lease shall have a clause to the effect that at the termination of such lease it shall not be renewed if required for any of the purposes mentioned in § 15.2-1639 , and that upon termination, all improvements thereon shall revert to the county and the real property including all improvements erected thereon shall revert to the county and shall be free from any encumbrance at the time of such reversion. Such real property including all improvements situated thereon may be mortgaged or pledged by the lessee for the term of its lease. If a lease allows a lessee to mortgage or pledge the property, it may also provide that the board has the right to take all action necessary to cure the default if the lessee defaults.

The board may lease real property to private entities under terms which allow the private entities to build office and commercial buildings on the property and to use the office and commercial space itself or lease it to others. The leases by the board to private entities may provide that the rent to be paid the board is to be based in total or in part on a percentage of the profit the private entity gains from the operation of the development on the leased real property; however, the board may not participate in the management or operation of the private commercial activity on the site except during such reasonable period as it is necessary for the board to operate the property in order to protect its interest in the property if the developer defaults on the lease or on a mortgage or pledge of the property. As soon as reasonably possible the county shall provide for management and operation of the property by a private developer.

The board may lease space in the improvements constructed on the land which it leases to the private entities for use by the county government and county constitutional officers, if it pays fair market rent for the use of the space and if the lease of its land is not conditioned on the lease of such space. The lease of such space by the board may be for any terms of years not prohibited by the Virginia Constitution.

This section shall not be construed to in any way affect the requirements of §§ 15.2-1638 , 15.2-1643 or § 16.1-69.50.

(1986, c. 595, § 15.1-687.12; 1997, c. 587.)

§ 15.2-735. Local housing fund and voluntary coordinated housing preservation and development districts.

The board may establish by resolution a housing fund, the purpose of which will be to assist for-profit or nonprofit housing developers or organizations to develop or preserve affordable housing for low and moderate income persons. The fund may be used to assist the developer or organization with such items as acquisition of land and buildings, lighting, sanitary and storm sewers, landscaping, walkways, construction of parking facilities, water-sewer hookup fees, and site improvements, including sidewalks, curbs, and gutters but not street improvements. Developers assisted in this manner shall provide a minimum of twenty percent of the units for low and moderate income persons as defined by the county for a minimum of ten years.

The board may declare by resolution that a portion of the county is eligible for use of the housing fund by designation of a voluntary coordinated housing preservation and development district. Such resolution shall contain a statement that (i) there exists within the county a serious shortage of sanitary and safe residential housing at rentals and prices which persons and families of low and moderate income can afford, and that this shortage has contributed and will contribute to the creation of substandard living conditions and is inimical to the health, welfare and prosperity of the residents of the county; (ii) it is imperative that the supply of rental and other housing for such persons and families be preserved or developed; and (iii) private enterprise is unable, without assistance, to produce the needed development or rehabilitation of sanitary and safe housing which persons or families of low and moderate income can afford.

The resolution shall include a statement that the owner of such rental property, or persons showing evidence of site control by a legally binding agreement, have requested the county to designate the site a voluntary coordinated housing preservation and development district.

The resolution shall also provide a plan for the district which outlines actions to be taken by the owner and by the county to assure that physical improvements to the structures, site and infrastructure are designed to improve the neighborhood, enhance the useful life of the buildings and promote energy conservation. Such plan shall further specify the actions to be taken by the owner and by the county (i) to minimize the displacement of persons or families of low and moderate income residing in the property; (ii) to reserve some units at rents and prices affordable to persons or families of low and moderate income; and (iii) otherwise to serve public purposes.

Upon declaration of an approved district, the county may:

1. Provide for the installation, construction, or reconstruction of streets, utilities, parks, parking facilities, playgrounds, and other site improvements essential to the development, preservation or rehabilitation planned;
2. Provide encouragement or financial assistance to the owners or occupants for acquisition of land and buildings, developing or preserving and upgrading residential buildings and for improving health and safety, conserving energy, preventing erosion, enhancing the neighborhood, and reducing the displacement of low and moderate income residents of the property;
3. Require that the owner agree to maintain a portion of the property in residential rental or other residential use for a period of not less than ten years and that a portion of the dwelling units in the property be offered at rents and prices affordable to persons or families of low and moderate income; and
4. Provide that the value of assistance given by the county under subdivisions 1 and 2 above be proportionate to the value of considerations rendered by the owner in maintaining a portion of the dwelling units at reduced rents and prices for persons or families of low and moderate income.

   (1987, c. 29, § 15.1-687.13; 1992, c. 335; 1997, c. 587.)

CIRCUIT COURT OPINIONS

Power of county in relation to affordable housing. - Although the county was authorized to address the issue of making local housing affordable, it could not use its affordable housing guidelines for site plan projects and amendment to its General Land Use Plan to require developers, such as the site plan applicant, to make affordable housing contributions either by cash or by contributing affordable housing, as the Virginia General Assembly had not authorized the county to act in the manner in addressing the affordable housing issue. Kansas-Lincoln, L.C. v. Arlington County Bd., 66 Va. Cir. 274, 2004 Va. Cir. LEXIS 320 (Arlington County Dec. 10, 2004).

§ 15.2-735.1. Affordable dwelling unit ordinance; permitting certain densities in the comprehensive plan.

1. In a county that provides in its comprehensive plan for the physical development within the county, adopted pursuant to § 15.2-2223 , for densities of development ranging between a floor area ratio (FAR) of 1.0 FAR and 10.0 FAR, or greater, the governing body may adopt as part of its zoning ordinance requirements for the provision of (i) on-site or off-site "Affordable Dwelling Units," as defined herein, or (ii) a cash contribution to the county's affordable housing fund, in lieu of such units, in such amounts as set out herein, as a condition of the governing body's approval of a special exception application for residential, commercial, or mixed-use projects with a density equal to or greater than 1.0 FAR, or an equivalent density based on units per acre. Residential, commercial, or mixed-use projects with a density less than 1.0 FAR, or an equivalent density based on units per acre, shall be exempt from the requirements of this section and the county's zoning ordinance adopted pursuant to this section. The county's zoning ordinance requirements shall provide as follows:
   1. Upon approval of a special exception application approving a residential, commercial, or mixed-use project with a density equal to or greater than 1.0 FAR, or an equivalent density based on units per acre, the applicant shall provide on-site Affordable Dwelling Units as part of the project the total gross square footage of which units shall be 5% of the amount of the gross floor area of the project that exceeds 1.0 FAR or an equivalent density based on units per acre. For purposes of this section, "applicant" shall mean the person or entity submitting a special exception application for approval of a residential, commercial or mixed-use project in the county and shall include the successors or assigns of the applicant.
   2. As an alternative, upon approval of a special exception application approving a residential, commercial, or mixed-use project with a density equal to or greater than 1.0 FAR, or an equivalent density based on units per acre, the applicant may elect to provide any one of the following:
      1. Affordable Dwelling Units shall be provided off-site at a location within one-half mile of any Metrorail Station for projects within a Metro Station Area as defined in the county's comprehensive plan, or within one-half mile of the residential, commercial, or mixed-use project for projects not within a Metro Station Area, as provided in the county's zoning ordinance, the total gross square footage of which units shall be 7.5% of the amount of the gross floor area of the project that is over 1.0 FAR or an equivalent density based on units per acre, or
      2. Affordable Dwelling Units shall be provided off-site at any other locations in the county other than those provided in the county's zoning ordinance in accordance with subdivision a, the total gross square footage of which units shall be 10% of the amount of the gross floor area of the project that is over 1.0 FAR, or an equivalent density based on units per acre, or
      3. A cash contribution to the county's affordable housing fund, which contribution shall be calculated as follows for each of the below-described density tiers:
         1. One and one-half dollars per square foot of gross floor area for the first tier of density between zero and 1.0 FAR, or an equivalent density based on units per acre.
         2. Four dollars per square foot of gross floor area for the tier of density in residential projects between 1.0 FAR and 3.0 FAR, or an equivalent density based on units per acre, and $4 per square foot of gross floor area for the tier of density in commercial projects above 1.0 FAR.
         3. Eight dollars per square foot of gross floor area for the tier of density in residential projects above 3.0 FAR, or an equivalent density based on units per acre.
         4. For mixed-use projects, cash contributions shall be calculated by applying the proportionate amount of commercial and residential gross floor area to each tier. The cash contribution shall be indexed to the Consumer Price Index for Housing in the Washington-Baltimore MSA as published by the Bureau of Labor Statistics and shall be adjusted annually based upon the January changes to such index for that year.
   3. The applicant shall provide the county manager or his designee, prior to the issuance of the first certificate of occupancy for the residential, commercial, or mixed-use project, a written plan of how the applicant proposes to address the provision of Affordable Dwelling Units or cash contribution as provided in this section and the provisions of the zoning ordinance adopted pursuant to this section. The county manager or his designee shall approve or disapprove the applicant's plan in writing within 30 days of receipt of the written proposal from the applicant. If the county manager or his designee disapproves of the applicant's plan, specific reasons for such disapproval shall be provided.
   4. An applicant may submit a written plan to be considered by the governing body or its designee to address the provision of Affordable Dwelling Units or cash contribution as provided in this section and the provisions of the zoning ordinance adopted pursuant to this section that deviate from the requirements of this section and the ordinance. Any such deviations may be approved in accordance with the procedures established in the county's zoning ordinance, which procedures shall include a provision for an appeal to the governing body of any administrative decision relative to the written plan submitted by the applicant.
   5. The ordinance adopted by the county pursuant to this section may provide that, in the discretion of the governing body and with the agreement of the applicant, at the time of consideration of the special exception application, the above requirements may be totally or partially substituted for other compelling public priorities established in plans, studies, policies, or other documents of the county.
   6. Applications for a special exception approval of a residential, commercial, or mixed-use project that results in the demolition and rebuilding of an existing project shall be subject to the requirements of this section and the zoning ordinance adopted pursuant to this section at the time of redevelopment; however, only density that is replaced or rebuilt and any increased density shall be subject to the requirements. This section and the county's zoning ordinance adopted pursuant to this section shall not apply to rehabilitation or renovation of existing residential, commercial, or mixed-use projects.
   7. For purposes of this section "Affordable Dwelling Unit" means units committed for a 30-year term as affordable to households with incomes at 60% of the area median income.
2. This section shall apply to an application for a special exception approval for a residential, commercial, or mixed-use project with a density provided for by the County's comprehensive plan designation for the property that is the subject matter of the application. This section shall further apply to such an application that requires rezoning of the property that is the subject matter of the application to permit a use provided for by the county's comprehensive plan designation for the subject property.
3. The ordinance adopted by the county pursuant to this section may provide that an application for approval of a special exception for a residential, commercial, or mixed-use project that requests an increase in density that exceeds the density provided for by the county's comprehensive plan designation for the property that is the subject matter of the application shall be subject to an affordable housing requirement in addition to the requirements of this section and the zoning ordinance adopted pursuant to this section.
4. The ordinance adopted by the county pursuant to this section or other provisions of law may provide that an application that requests to amend the county's comprehensive plan designation for the subject property to a higher density designation may be subject to an affordable housing requirement in addition to the requirements of this section and the zoning ordinance adopted pursuant to this section.
5. The ordinance adopted by the county pursuant to this section may provide that applications for a special exception approval for residential, commercial, or mixed-use projects that result in the elimination of existing units affordable to households with incomes equal to or below 80% of the area median income address replacement of the eliminated units as a condition of the governing body's approval of the special exception application.
6. With the exception of the authority under § 15.2-2304 , this section establishes the legislative authority for the county to obtain Affordable Dwelling Units in exchange for the approval of a special exception application for a residential, commercial, or mixed-use project in the county, and a special exception may not be used in combination with any other provision of law in Chapter 22 (§ 15.2-2200 et seq.) of Title 15.2 to obtain Affordable Dwelling Units from an applicant. Nothing in this section shall be construed to repeal the county's authority under any other provision of law. (2006, c. 481.)

Cross references. - As to affordable housing dwelling unit ordinances, see § 15.2-2305.1 .

§ 15.2-736. State benefits for certain employees.

Notwithstanding any other provision of law to the contrary, any person who is transferred from state to local employment pursuant to Chapter 816 of the Acts of Assembly of 1988, and who is a member of the Virginia Retirement System at the time of the transfer, shall continue to be a member of the System during the period of local employment. Any such transferred employee shall remain a member of the System under the same terms and conditions as would apply if the transferred employee had remained as a state employee, so long as the employee is employed with a local health department or returns to state employment. For purposes of any employment of the transferred employee as a state employee after local employment, the membership in the System during local employment shall be treated the same as any other membership in the System.

The board shall collect and pay all employee and employer contributions to the Virginia Retirement System for retirement and group life insurance in accordance with the provisions of Chapter 1 (§ 51.1-124.1 et seq.) of Title 51.1.

(1989, c. 352, § 15.1-687.14; 1997, c. 587.)

§ 15.2-737. Tenant relocation payments.

The board may require by ordinance that the county and the owner divide equally the reimbursement of any tenant of a building containing at least four residential units for amounts actually expended to relocate when the tenant has been terminated by 120 days' notice given under § 55.1-1410 in order to carry out the rehabilitation of the building. The reimbursement shall not exceed the amount to which the tenant would have been entitled to receive under §§ 25.1-407 and 25.1-415 if the real estate comprising the units had been condemned by the Department of Transportation.

(1989, c. 354, § 15.1-687.15; 1997, c. 587.)

Editor's note. - To conform to the recodification of Title 55 by Acts 2019, c. 712, effective October 1, 2019, the following substitution was made at the direction of the Virginia Code Commission: substituted "55.1-1410" for "55-222."

§ 15.2-738. Modification of grievance procedure.

Notwithstanding the provisions of §§ 2.2-1202.1 , 15.2-1506 , and 15.2-1507 to the contrary, in any county which has the county manager plan of government provided for in this chapter, a grievance procedure may be established which permits an Equal Employment Opportunity officer, except the Director of the Department of Human Resource Management appointed pursuant to § 2.2-1200 and any employees thereof, to be present at any step of a grievance procedure established under § 15.2-1506 . Such officer shall not be an advocate or representative on behalf of either the grievant or management.

(1989, c. 622, § 15.1-687.16; 1991, c. 143; 1995, cc. 770, 818; 1996, cc. 164, 869; 1997, c. 587; 2000, cc. 947, 1006; 2012, cc. 803, 835.)

The 2000 amendments. - The 2000 amendments by cc. 947 and 1006 are identical, and substituted "Employment Dispute Resolution" for "Employee Relations Counselors."

The 2012 amendments. - The 2012 amendments by cc. 803 and 835, cl. 8, are identical, and substituted "of §§ 2.2-1202.1 , 15.2-1506 , and 15.2-1507 " for "in Chapter 10 ( § 2.2-1000 et seq.) Title 2.2, and of §§ 15.2-1506 , and 15.2-1507 " and "Human Resource Management appointed pursuant to § 2.2-1200 " for "Employment Dispute Resolution appointed pursuant to § 2.2-1000 " in the first sentence.

§ 15.2-739. Diversion of certain waters.

With the consent of the property owner, a county may enter private property and, at the county's expense, construct or reconstruct a system to divert water not requiring treatment by the county's sanitary sewer system into the county's storm sewer system.

(1989, c. 622, § 15.1-687.17; 1997, c. 587.)

§ 15.2-740. Authority to impose assessments for local improvements; purposes.

The board may impose taxes or assessments upon owners of abutting property for making, improving, replacing, or enlarging the walkways upon then existing streets; for improving and paving then existing alleys; and for either the construction or the use of sanitary or storm water sewers including retaining walls, curbs, and gutters. However, such taxes or assessments shall not exceed the peculiar benefits resulting from the improvements to the owners of abutting property and no assessment for retaining walls shall be imposed upon any property owner who does not agree to such assessment.

In addition to the foregoing, the board may impose taxes or assessments upon owners of abutting property for the construction, replacement, or enlargement of sidewalks, waterlines, sanitary sewers, or storm water sewers; for the installation of street lights; for the construction or installation of canopies or other weather protective devices; for the installation of lighting in connection with the foregoing; and for permanent amenities, including, but not limited to, benches or waste receptacles, provided that such taxes or assessments shall not exceed the peculiar benefits resulting from the improvements to such owners of abutting property.

All assessments pursuant to this section shall be subject to the laws pertaining to assessments under Title 15.2, Chapter 24, Article 2 (§ 15.2-2404 et seq.), mutatis mutandis. All assessments pursuant to this section may also be made subject to installment payments and other provisions allowed for local assessments under this article.

As used in this section, "owners of abutting property" includes the owners of property that abuts a state highway when the improvement is funded solely by county revenues.

(1990, c. 323, § 15.1-687.18; 1997, c. 587.)

§ 15.2-741. Regulation of child-care services and facilities in certain counties.

1. The board may by ordinance provide for the regulation and licensing of (i) persons who provide child-care services for remuneration and (ii) child-care facilities. "Child-care services" includes regular care, protection, or guidance during a part of a day to one or more children, not related by blood or marriage to the provider of services, while they are not attended by their parent, guardian, or person with legal custody. "Child-care facilities" includes any commercial or residential structure which is used to provide child-care services for remuneration. However, such ordinance shall not require the regulation or licensing of any facility operated by a religious institution as exempted from licensure by § 22.1-289.031.
2. Such ordinance may be more restrictive or more extensive in scope than statutes or state regulations that may affect child-care services or child-care facilities, provided that such ordinance shall not impose additional requirements or restrictions on the construction or materials to be used in the erection, alteration, repair, or use of a residential dwelling.

   (1990, c. 545, § 15.1-687.19; 1997, c. 587; 2020, cc. 860, 861.)

Editor's note. - Acts 2020, cc. 860 and 861, cl. 3 provides: "That the provisions of the first and second enactments of this act shall become effective on July 1, 2021, except that § 22.1-289.04 of the Code of Virginia, as created by this act, shall become effective in due course."

The 2020 amendments. - The 2020 amendments by cc. 860 and 861, effective July 1, 2021, are identical, and substituted "22.1-289.031" for "63.2-1716" in subsection A.

§ 15.2-742. Lighting level regulation.

The board may by ordinance provide for the regulation of exterior illumination levels of buildings and property.

(1996, c. 567, § 15.1-687.23; 1997, c. 587.)

§ 15.2-743. Fee for certain vacations, encroachments, and abandonments.

A county may charge a fee for processing applications for vacations as provided for in § 15.2-2273 , applications for encroachments as provided for in § 15.2-2012 , and petitions for abandonments under § 33.2-917. The fee for processing such applications and petitions shall be, at the county's discretion, either the amount provided in § 15.2-2273 , the amount provided in § 15.2-2012 , or an amount not to exceed the county's demonstrable costs for such processing, which costs may include title examination and appraisal of the property that is the subject of the application or petition. In lieu of including such costs in the application fee, the county may require submission of a title examination and appraisal by the applicant or petitioner.

(1991, c. 143, § 15.1-687.21; 1997, c. 587; 2005, cc. 40, 84.)

Editor's note. - A reference in this section was updated at the direction of the Virginia Code Commission to conform to the recodification of Title 33.2 by Acts 2014, c. 805, effective October 1, 2014.

The 2005 amendments. - The 2005 amendments by cc. 40 and 84 are identical, and inserted "applications for encroachments as provided for in § 15.2-2012 " in the first sentence, inserted "the amount provided in § 15.2-2012 ," and "which costs may include title examination and appraisal of the property that is the subject of the application or petition" in the second sentence, and added the last sentence.

§ 15.2-744. Authority of county board to impose civil penalties for wrongful demolition, razing or moving of historic buildings.

The board may adopt an ordinance which establishes a civil penalty for the wrongful demolition, razing or moving of part or all of a building or structure when such building or structure has been designated as an historic structure or landmark or is part of an historic district. The civil penalty shall be imposed on the party deemed by the court to be responsible for the violation and shall not exceed twice the fair market value of the property, as determined by the county real estate tax assessment at the time of the demolition, razing or moving.

An action seeking the imposition of such a penalty shall be instituted by petition filed by the county in circuit court, which shall be tried in the same manner as any action at law. It shall be the burden of the county to show the liability of the violator by a preponderance of the evidence. An admission of liability or finding of liability shall not be a criminal conviction for any purpose. The filing of any action pursuant to this section shall preclude a criminal prosecution for the same offense.

The defendant, within twenty-one days after the filing of the petition, shall file an answer and may, without admitting liability, agree to restore the building or structure as it existed prior to demolition, razing or moving. If the restoration is completed within the time agreed upon by the parties, or as established by the court, the petition may be dismissed from the court's docket upon a finding by the court that the building or structure has been restored as it existed prior to demolition, razing or moving.

Nothing in this section shall preclude action by the zoning administrator under subdivision A 4 of § 15.2-2286 or by the county under § 15.2-2208 , either by separate action or as a part of the petition seeking a civil penalty.

(1991, c. 467, § 15.1-687.22; 1997, c. 587.)

§ 15.2-745. Ordinance for installment collection of taxes.

Notwithstanding any provisions of law to the contrary, the board is empowered to provide by ordinance for the collection of county taxes and levies on property in installments at such times and with such penalties for the delinquent payment thereof as it deems proper.

(Code 1950, § 15-355.1; 1952, c. 474; 1962, c. 623, § 15.1-688; 1997, c. 587.)

§ 15.2-746. Board possesses general power of management.

The board shall have, possess, and exercise the general management of the affairs of the county, and, in addition to such powers and duties as are designated and imposed by this chapter, shall exercise and perform all of the powers and duties now authorized or imposed by general law or special act on the board of supervisors of such county insofar as they are not inconsistent with the provisions of this chapter. The board shall also have all the powers conferred by general law on city councils.

(Code 1950, § 15-356; 1962, c. 623, § 15.1-689; 1997, c. 587.)

Law review. - For comment, "Public Sector Collective Bargaining and Sunshine Laws - A Needless Conflict," see 18 Wm. & Mary L. Rev. 159 (1976). For comment on public employee collective bargaining in Virginia, see 11 U. Rich. L. Rev. 431 (1977).

§ 15.2-747. Board may prohibit and penalize acts which are misdemeanors under state law.

In addition to the powers conferred by § 15.2-746 , the board may prohibit any act defined as a misdemeanor and prohibited by the laws of this Commonwealth and provide a penalty for violations to the end that such governing body may parallel by ordinance the criminal laws of this Commonwealth.

(Code 1950, § 15-356.1; 1950, p. 228; 1962, c. 623, § 15.1-690; 1997, c. 587.)

§ 15.2-748. Annexation by city.

No part of a county's territory may be annexed by any city unless the whole county be annexed. In such latter case the county shall not be annexed until the question of annexation has been first submitted to a referendum of the voters of such county and approved by a majority of those voting thereon.

(Code 1950, §§ 15-358, 15-359; 1962, c. 623, § 15.1-692; 1997, c. 587.)

§ 15.2-749. Certain referenda in certain counties.

If on or before July 15 of any year in which such referendum is provided for by law a petition signed by 200 or more qualified voters of the county is filed with the circuit court of the county asking that a referendum be held on any question upon which a referendum is provided for by any applicable statute, then such court shall on or before August 1 of such year issue and enter of record an order requiring the county election officials to open the polls at the regular election to be held in November of such year on the question stated in such statute. If the statute providing for such referendum shall authorize or require the referendum to be held at a special election, then the petition hereinabove referred to shall be signed by 1,000 or more voters of the county and the court shall within fifteen days of the date such petition is filed enter an order requiring the election officials to open the polls and take the sense of the voters of the county on a date fixed in his order, which shall be in accordance with § 24.2-682 . The clerk of the county shall cause a notice of such election to be published in a newspaper published or having general circulation in the county once a week for three successive weeks, and shall post a copy of the notice at the door of the county courthouse.

(Code 1950, § 15-360.1; 1952, c. 49; 1962, c. 623, § 15.1-695; 1975, c. 517; 1997, c. 587.)

OPINIONS OF THE ATTORNEY GENERAL

Referendum. - County lacks the authority to conduct an advisory referendum regarding a proposed streetcar system. See opinion of Attorney General to The Honorable Patrick A. Hope, Member, House of Delegates, No. 14-065, 2014 Va. AG LEXIS 73 (11/6/14).

§ 15.2-750. Board may accept dedication of rights to develop real property.

The board, in addition to any other zoning powers granted by general or special law, may include a provision for the dedication of density or other rights to develop real property, as defined by the locality, from one or more parcels of property that are not the subject of a development application and are located in the locality to one or more parcels of property that are the subject of a development application and are located elsewhere in the locality. Such dedication shall be subject to such terms as may be provided by zoning regulations, the conditions of a special use permit or special exception, or the proffered conditions of a rezoning application, including that the terms are binding on the owners of such property and on their successors and assigns.

(2005, c. 755.)

Editor's note. - Acts 2005, c. 755, cl. 2 provides: "That the provisions of this act shall expire on July 1, 2008, if no county with the county manager plan of government has enacted an ordinance pursuant to this act." On February 28, 2006, an ordinance amending § 36, subsection H 5 f of the Arlington County Zoning Ordinance was enacted, thereby satisfying the contingency in Acts 2005, c. 755, cl. 2.

§ 15.2-800. Designation of form of government; applicability of chapter.

The form of county organization and government provided for in this chapter shall be known and designated as the urban county executive form. The provisions of this chapter shall apply only to the counties which have adopted the urban county executive form.

(Code 1950, § 15-384.16; 1960, c. 382; 1962, c. 623, § 15.1-728; 1997, c. 587.)

§ 15.2-801. Adoption of urban county executive form.

Any county with a population of more than 90,000 may adopt the urban county executive form of government in accordance with the provisions of Chapter 3 (§ 15.2-300 et seq.) of this title.

(1997, c. 587.)

§ 15.2-802. Powers of county vested in board of supervisors; membership, election, terms, etc., of board; vacancies; powers of chairman.

The powers of the county as a body politic and corporate shall be vested in an urban county board of supervisors, to consist of one member from each district of such county and to be known as the board of supervisors (the board). Each member shall be a qualified voter of his district and shall be elected by the qualified voters thereof. In addition to the above board members, the voters shall elect a county chairman who shall be a qualified voter of the county. No person may be a candidate for county chairman at the same time he is a candidate for membership on the county board from any district of the county. A quorum shall consist of a majority of the board and the chairman shall be included and counted.

The county chairman shall be the chairman of the board and preside at the meetings thereof. The chairman shall represent the county at official functions and ceremonial events. The chairman shall have all rights, privileges, and duties of other members of the board and such others, not in conflict with this article, as the board may prescribe. In addition, the chairman shall have the power to (i) call special meetings of the board in accordance with the procedures and restrictions of § 15.2-1418 , mutatis mutandis; (ii) set the agenda for board meetings; however, any such agenda may be modified by an affirmative vote of the board; (iii) appoint county representatives to regional boards, authorities and commissions which are authorized in advance by the board; however, any such appointment shall be subject to revocation by an affirmative vote of a majority of all members elected to the board acting within the 30-day period following that appointment; and (iv) create and appoint committees of the board and name presiding members of such committees as authorized by the board; however, any such committee or appointment shall be subject to revocation by an affirmative vote of a majority of all members elected to the board.

At the first meeting at the beginning of its term and any time thereafter when necessary, the board shall elect a vice-chairman from its membership who shall perform the duties of the chairman in his absence.

The supervisors and chairman first elected under the provisions of this chapter shall hold office until January 1 following the next regular election provided by general law for the election of supervisors. At such election their successors shall be elected for terms of four years each.

If the number of districts in any such county is increased by redistricting or otherwise subsequent to a general election for supervisors, and such supervisors have taken office, then the board shall adopt a resolution requesting a judge of the circuit court for such county to call a special election for an additional supervisor or supervisors in accordance with the increase in the number of districts, such additional supervisor or supervisors to be elected from the county at large, and such election shall be held within 45 days from the date of such request. The qualifications of candidates and the election shall be as at general law applying to special elections. Any supervisors thereby elected shall hold office until January 1 following the next regular election provided by general law for the election of members of the board, and at the next regular election all supervisors of any such county shall be elected from districts as provided by law.

If a vacancy occurs on the board, the chief judge of the circuit court for such county shall call a special election, in the district if the vacancy is of a district supervisor, or in the county at large if the vacancy is of the chairman, to be held not fewer than 45 nor more than 90 days after the occurrence of the vacancy; however, if the vacancy occurs within 150 days prior to a general election, such special election may be held on the general election day; and if the vacancy occurs within 120 days prior to the date of a regular election for the board of supervisors, such vacancy shall be filled by appointment by the remaining members of the board within seven days of the occurrence of the vacancy, which appointment shall be for the duration of the term of office of the person whose absence from the board occasioned such vacancy. The qualification of candidates and the election shall be otherwise as at general law applying to special elections.

(Code 1950, § 15-384.17; 1960, c. 382; 1962, c. 623, § 15.1-729; 1966, c. 464; 1968, c. 797; 1971, Ex. Sess., c. 158; 1972, c. 707; 1985, c. 138; 1994, c. 148; 1997, c. 587; 2012, c. 396.)

Cross references. - As to election of school board members, see § 22.1-57.3. As to alternative for biennial county supervisor elections and staggered terms of county supervisors, see § 24.2-219 .

The 2012 amendments. - The 2012 amendment by c. 396 substituted "(the board)" for "('the board')" at the end of the first sentence of the first paragraph, substituted "the 30-day period" for "the thirty day period" in the third sentence of the second paragraph, substituted "within 45 days" for "within forty-five days" in the first sentence of the sixth paragraph, and substituted "not fewer than 45 nor more than 90 days" for "not fewer than thirty nor more than ninety days" in the first sentence of the seventh paragraph.

Michie's Jurisprudence. - For related discussion, see 5A M.J. Counties, §§ 34, 41.2.

§ 15.2-803. General powers of board of supervisors.

The board shall be the policy-determining body of the county and shall be vested with all rights and powers conferred on boards of supervisors by general law, not inconsistent with the form of county organization and government herein provided.

The board shall be the governing body of the urban county and of each of the districts established under Article 4 (§ 15.2-855 et seq.) of this chapter for the provision of certain services to residents of such districts.

(Code 1950, § 15-384.18; 1960, c. 382; 1962, c. 623, § 15.1-730; 1997, c. 587.)

§ 15.2-804. Appointment, qualifications and compensation of urban county executive; to devote full time to work.

The board shall appoint an urban county executive and fix his compensation. He shall devote his full time to the work of the county. He shall be appointed with regard to merit only, and need not be a resident of the county at the time of his appointment. No member of the board shall, during the time for which he has been elected, be chosen urban county executive, nor shall such powers be given to a person who at the same time is filling an elective office. The head of one of the departments of the county government may, however, also be appointed urban county executive.

(Code 1950, § 15-384.19; 1960, c. 382; 1962, c. 623, § 15.1-731; 1997, c. 587.)

Cross references. - As to exceptions from general early retirement provisions for certain local government officials, see § 51.1-155.2 .

§ 15.2-805. Tenure of county executive; suspension or removal.

The urban county executive shall not be appointed for a definite tenure, but may be removed at the pleasure of the board. If the board determines to remove the urban county executive, he shall be given, if he so demands, a written statement of the reasons alleged for the proposed removal and the right to a hearing thereon at a public meeting of the board prior to the date on which his final removal takes effect. Pending and during such hearing, the board may suspend him from office, provided that the period of suspension be limited to thirty days. The board's action in suspending or removing the urban county executive shall not be subject to review by any court.

(Code 1950, § 15-384.20; 1960, c. 382; 1962, c. 623, § 15.1-732; 1997, c. 587.)

§ 15.2-806. Absence or disability of county executive.

In case of the absence or disability of the urban county executive, the board may designate some responsible person to perform the duties of the office.

(Code 1950, § 15-384.21; 1960, c. 382; 1962, c. 623, § 15.1-733; 1997, c. 587.)

§ 15.2-807. Appointment of county officers and employees; federal employment, etc., not to disqualify; discussions with board.

The board shall appoint, upon the recommendation of the urban county executive, all officers and employees in the administration service of the county, except as the board authorizes the urban county executive to appoint heads of a department or office and except as the board authorizes the heads of a department or office to appoint subordinates in such department or office. However, in appointing the county school board no recommendation by the urban county executive is required. All appointments shall be on the basis of ability, training and experience of the appointees which are relevant to the work which they are to perform.

No person otherwise eligible, shall be disqualified by reason of his accepting or holding employment, an office, post, trust or emolument under the United States government, from serving as a member of any board, commission, authority, committee or agency whose members are appointed by the board.

The county clerk, the attorney for the Commonwealth and the sheriff shall be selected in the manner and for the terms, and vacancies in such offices shall be filled, as provided by general law.

The urban county executive shall have the right to take part in all discussions and to present his views on all matters coming before the board. The attorney for the Commonwealth and the sheriff shall be entitled to present their views on matters relating to their respective departments.

(Code 1950, § 15-384.22; 1960, c. 382; 1962, c. 623, § 15.1-734; 1968, c. 797; 1997, c. 587.)

Michie's Jurisprudence. - For related discussion, see 5A M.J. Counties, § 52.

§ 15.2-808. Tenure of county officers and employees; suspension or removal.

All such appointments shall be without definite term, unless for limited term appointments for temporary services not to exceed one year in duration, except as otherwise specifically provided for herein.

Any county officer or employee appointed pursuant to § 15.2-807 may be suspended or removed from office or employment either by the board or the officer who appointed or employed him. In case of the absence or disability of any such officer, the board or other appointing power may designate some responsible person to perform the duties of the office.

(Code 1950, § 15-384.23; 1960, c. 382; 1962, c. 623, § 15.1-735; 1968, c. 797; 1987, c. 419; 1997, c. 587.)

§ 15.2-809. Compensation of officers and employees.

The board shall, subject to the limitations of general law, fix the compensation of all county officers and employees, except as it may authorize the head of some department or office to fix the compensation of subordinates and employees in such department or office.

(Code 1950, § 15-384.24; 1960, c. 382; 1962, c. 623, § 15.1-736; 1997, c. 587.)

§ 15.2-810. Restrictions on activities of former officers and employees.

The board, by ordinance, may prohibit former officers and employees, for one year after their terms of office have ended or employment ceased, from assisting for remuneration a party, other than a governmental agency, in connection with any proceeding, application, case, contract, or other particular matter involving the urban county or an agency thereof, if that matter is one in which the former officer or employee participated personally and substantially as an urban county officer or employee through decision, approval, or recommendation.

The term "officer or employee," as used in this section, includes members of the board, county officers and employees, and individuals who receive monetary compensation for service on or employment by agencies, boards, authorities, sanitary districts, commissions, committees, and task forces appointed by the board.

(1987, c. 419, § 15.1-736.1; 1997, c. 587.)

§ 15.2-811. Powers and duties of county executive.

The urban county executive shall be the administrative head of the county. He shall attend all meetings of the board and recommend such action as he may deem expedient. He shall be responsible to the board for the proper administration of all county affairs which the board has authority to control.

He shall also:

1. Make monthly reports to the board on administrative matters, and keep the board fully advised as to the county's financial condition.
2. Submit to the board a proposed annual budget, with his recommendations, and execute the budget as finally adopted.
3. Execute and enforce all board resolutions and orders and shall see that all laws of the Commonwealth required to be enforced through the board or some other county officer subject to the board's control are faithfully executed.
4. Examine regularly the books and papers of every officer and department of the county and report to the board the condition in which he finds them.
5. Perform such other duties as the board requires of him.

   (Code 1950, § 15-384.26; 1960, c. 382; 1962, c. 623, § 15.1-738; 1997, c. 587.)

§ 15.2-812. County executive may act as director or head of department.

The urban county executive may, if the board requires, act as the director or head of any department, the director or head of which is appointed by the board, provided he is otherwise eligible to head such department.

(Code 1950, § 15-384.27; 1960, c. 382; 1962, c. 623, § 15.1-739; 1997, c. 587.)

§ 15.2-813. Certain officers not affected by adoption of plan.

The following officers shall not, except as herein otherwise provided, be affected by the adoption of the urban county executive form:

1. Jury commissioners,
2. County electoral boards,
3. Registrars,
4. Judges and clerks of elections, and
5. Magistrates.

   (Code 1950, § 15-384.43; 1960, c. 382; 1962, c. 623, § 15.1-755; 1973, c. 545; 1997, c. 587.)

§ 15.2-814. Inquiries and investigations by board of supervisors.

The board may inquire into the official conduct of any office or officer under its control, and investigate the accounts, receipts, disbursements and expenses of any county or district officer. For these purposes it may subpoena witnesses, administer oaths and require the production of books, papers and other evidence. If any witness fails or refuses to obey any such lawful order of the board, he shall be deemed guilty of a misdemeanor.

(Code 1950, § 15-384.49; 1960, c. 382; 1962, c. 623, § 15.1-762; 1997, c. 587.)

§ 15.2-815. Regulation of garbage, trash and refuse pickup and disposal services; contracting for such services in certain counties.

The board may adopt an ordinance requiring the delivery of all or any portion of the garbage, trash and refuse generated or disposed of within such county to waste disposal facilities located therein or to waste disposal facilities located outside of such county if the county has contracted for capacity at or service from such facilities.

Such ordinances may provide that it is unlawful for any person to dispose of his garbage, trash and refuse in or at any other place. No such ordinance shall apply to the occupants of single-family residences or family farms disposing of their own garbage, trash or refuse if such occupants have paid the fees, rates and charges of other single-family residences and family farms in the same service area.

Such ordinance shall not apply to garbage, trash and refuse generated, purchased or utilized by an entity engaged in the business of manufacturing, mining, processing, refining or conversion except for an entity engaged in the production of energy or refuse-derived fuels for sale to a person other than any entity controlling, controlled by or under the same control as the manufacturer, miner, processor, refiner or converter. Nor shall such ordinance apply to (i) recyclable materials, which are those materials that have been source-separated by any person or materials that have been separated from garbage, trash and refuse by any person for utilization in both cases as a raw material to be manufactured into a new product other than fuel or energy, (ii) construction debris to be disposed of in a landfill, or (iii) waste oil. Such ordinances may provide penalties, fines and other punishment for violations.

Such county may contract with any person, whether profit or nonprofit, for garbage and refuse pickup and disposal services and enter into contracts relating to waste disposal facilities which recover energy or materials from garbage, trash and refuse. Such contracts may make provision for, among other things, (i) the purchase by the county of all or a portion of the disposal capacity of a waste disposal facility located within or outside the county for present or future waste disposal requirements; (ii) the operation of such facility by the county; (iii) the delivery by or on behalf of the contracting county of specified quantities of garbage, trash and refuse, whether or not such county collects such garbage, trash and refuse, and the making of payments for such quantities of garbage, trash and refuse whether or not such garbage, trash and refuse are delivered, including payments for revenues lost if garbage, trash and refuse are not delivered; (iv) adjustments to payments made by the county in regard to inflation, changes in energy prices or residue disposal costs, taxes imposed upon the facility owner or operator, or other events beyond the control of the facility operator or owners; (v) the fixing and collection of fees, rates or charges for use of the disposal facility and for any product or service resulting from operation of the facility; and (vi) such other provision as is necessary for the safe and effective construction, maintenance or operation of such facility, whether or not such provision displaces competition in any market. Any such contract shall not be deemed to be a debt or gift of the county within the meaning of any law, charter provision or debt limitation. Nothing in the foregoing powers granted such county shall include the authority to pledge the full faith and credit of such local government in violation of Article X, Section 10 of the Constitution of Virginia.

(1985, c. 581, § 15.1-730.1; 1997, c. 587.)

§ 15.2-816. Maintenance of certain sewer lines.

Upon petition of a majority of the affected property owners or members of an affected owners' association, (i) the county may take over the maintenance of undersized sewer lines installed as a result of the county's waiver of its adopted requirements developed under this title or Title 62.1; and (ii) the county shall be granted the right to convert the undersized sewer lines to county standards at its expense, if the county deems the conversion to be in its best interests for health or economic reasons; or (iii) if the property owners or their associations elect to convert the undersized sewer lines to county standards, the county may take over and maintain at county expense the converted sewer lines.

The cost for the maintenance of such lines shall be borne by the county general fund; or the county, at its discretion, may incorporate the sewer lines into an existing sanitary district for uniformity of maintenance and cost/budget allocations.

If the county determines that the builder/developer installed the undersized lines without the express permission of the appropriate county agency, then the county may collect the cost of conversion from the builder/developer; however, the county shall bear the ongoing cost of maintenance.

This section applies only to sewer lines installed on or before January 1, 1987.

(1987, c. 253, § 15.1-730.2; 1997, c. 587.)

§ 15.2-816.1. Underground electric distribution, telecommunications, cable, and other utility facilities.

1. The governing body of any locality operating under the urban county executive form of government may request an electric utility, telecommunications provider, cable provider, or other utility to enter into an agreement with the locality to place underground electric distribution, facilities, telecommunications facilities, cable facilities, or other utility facilities as part of a transportation infrastructure improvement project, a commercial or industrial improvement project, or roads serving any such project that the Commonwealth Transportation Board or such locality identifies that reduce congestion, improve mobility, improve transit system infrastructure, improve safety, or improve service or access to such project.
2. If the parties desire to proceed, the locality operating under the urban county executive form of government shall enter into an agreement with an electric utility, telecommunications provider, cable provider, or other utility that provides that (i) the locality shall pay to the utility or provider its full costs of relocating and converting that portion of the facility located in the locality underground rather than overhead, minus the net of relocation credits; (ii) the utility or provider shall convert, operate, and maintain the agreed portion of the facility underground in cooperation with any other utility or provider with facilities placed underground there; (iii) the agreement is contingent upon the adoption of the levy set forth in subsection C; and (iv) other terms and conditions on which the parties may agree shall be included in the agreement. No agreement shall require any telecommunications provider or cable provider to share conduit.
3. If the locality operating under the urban county executive form of government and the utility enter into an agreement as described in subsection B, the locality may impose an additional levy on electric utility customers in the locality pursuant to § 58.1-3814 . The locality shall by ordinance fix the amount of such additional levy, which shall not exceed $1 per month on residential customers and shall not exceed 6.67 percent of the monthly amount charged to nonresidential consumers of the utility service. The initial proceeds of such levy shall be dedicated to a project incorporating bus rapid transit on a road in the National Highway System serving a Metrorail station and an anticipated extension of Metrorail in a designated revitalization area in such locality. The provider of billing services shall bill the tax to all users who are subject to the tax and to whom it bills for electricity service and shall remit such tax to the appropriate locality. Any levy imposed pursuant to this section shall be in addition to the limit for any utility consumer tax prescribed in § 58.1-3814 . If the provisions of this section are inconsistent with the provisions of § 58.1-3814, the provisions of this section shall be controlling.
4. The locality may, or the Commissioner of Highways, upon presentation of the agreement to the Commonwealth Transportation Board, shall, be responsible for securing the necessary easements and permits for the utility or provider necessary for the conversion of the existing distribution, telecommunication, cable, or other utility facilities.
5. With the exception of any local zoning ordinances and review under § 15.2-2232 or any cable franchise agreement, if the provisions of this section are inconsistent with the provisions of any other law or local ordinance, the provisions of this section shall be controlling.
6. For purposes of this section, the term "electric utility" includes any cooperative, as that term is defined in § 56-231.15, operating within the locality.

   (2019, c. 792; 2021, Sp. Sess. I, c. 505.)

Editor's note. - Acts 2019, c. 792, cl. 1, §§ 1 through 5 were codified as subsections A through E of this section at the direction of the Virginia Code Commission.

The 2021 Sp. Sess. I amendments. - The 2021 amendment by Sp. Sess. I, c. 505, effective July 1, 2021, rewrote the section.

§ 15.2-817. No unincorporated area to be incorporated after adoption of urban county form of government.

After the date of adoption of the urban county executive form of government, no unincorporated area within the limits of such county shall be incorporated as a separate town or city within the limits of such county, whether by judicial proceedings or otherwise.

(Code 1950, § 15-384.72; 1960, c. 382; 1962, c. 623, § 15.1-785; 1968, c. 797; 1997, c. 587.)

§ 15.2-818. City may petition to become part of county.

After the date of adoption of the urban county executive form of government, a city contiguous to or within the limits of such a county may petition, by action of its governing body, to become a part of the county on terms set forth in a resolution adopted by the board. Passage of a referendum within the petitioning city shall constitute approval of the city becoming a district of the county or a part or parts of one or more districts and action of the board shall constitute final approval thereof by the county.

(Code 1950, § 15-384.73; 1960, c. 382; 1962, c. 623, § 15.1-786; 1997, c. 587.)

§ 15.2-819. Demolition of historic structures; civil penalty.

A county may adopt an ordinance which establishes a civil penalty for the demolition, razing or moving of a building or structure which is located in an historic district or which has been designated by the governing body as an historic structure or landmark without the prior approval from either the architectural review board or the governing body as provided by subdivision A 2 of § 15.2-2306 .

The civil penalty imposed for a violation of such an ordinance shall not exceed the market value of the property as determined by the assessed value of the property at the time of the destruction or removal of the building or structure. Such value shall include the value of any structures and the value of the real property upon which any such structure or structures were located. Such ordinances may be enforced by the county attorney by bringing an action in the name of the county in the circuit court. Such actions shall be brought against the party or parties deemed responsible for the violation. It shall be the burden of the county to show the liability of the violator by a preponderance of the evidence.

Nothing in this section shall preclude action by the zoning administrator under subdivision A 4 of § 15.2-2286 or action by the board under § 15.2-2208 .

(1991, c. 201, § 15.1-499.2; 1997, c. 587.)

§ 15.2-820. Donations to legal entities owning recreational facilities.

A county is authorized to make annual appropriations of public funds to any nonprofit legal entity that is not controlled in whole or in part by any church or religious body that has exclusionary membership practices or rules that owns recreational facilities in the county such as, but not limited to, swimming pools, tennis courts, etc., in an amount not to exceed the amount of real estate taxes that is owed on the recreational facilities owned by the legal entity receiving the appropriations.

The provisions of § 15.2-953 are not affected by this section.

(1992, c. 866, § 15.1-27.2; 1997, c. 587; 2005, c. 928.)

The 2005 amendments. - The 2005 amendment by c. 928, in the first paragraph, substituted "or religious body" for "sectarian society or group" and made a related change.

§ 15.2-821. Board to provide for and set up departments; removal of department head or person assigned to county executive's office; powers of supervisors generally.

The board shall, as soon as its members are elected and take office, provide for the performance of all the governmental functions of the county and to that end shall provide for and set up all necessary departments of government consistent with the provisions of this chapter. Any deputy county executive, assistant county executive, or department head may be removed at the pleasure of the board, except as the board may authorize the urban county executive to remove such employees, and such removal shall not be subject to review by any other county employee, agency, board or commission or under the grievance procedure adopted pursuant to § 15.2-1506 . The board shall have all authority and powers provided for by this chapter or by other law and shall have the power to raise annually by taxes and assessments on property, persons and other subjects of taxation, which are not prohibited by law, such sums of money as in the judgment of the board are necessary to pay the debts, defray the expenses, accomplish the purposes and perform the functions of the county.

However, any department head who could grieve his own removal from an office held prior to July 1, 1987, under the law in effect at the time he was appointed to office, shall retain such right to grieve his own removal from that office unless that right is waived in writing in consideration of a payment mutually agreed to by that department head and by the board.

(Code 1950, § 15-384.50; 1960, c. 382; 1962, c. 623, § 15.1-763; 1966, c. 464; 1968, c. 797; 1987, c. 419; 1997, c. 587.)

§ 15.2-822. Designation of officer or employee to exercise power or perform duty.

Whenever it is not designated herein what officer or employee of the county shall exercise any power or perform any duty conferred upon or required of the county, or any officer thereof, by general law, then any such power shall be exercised or duty performed by that officer or employee of the county so designated by ordinance or resolution of the board.

(Code 1950, § 15-384.51; 1960, c. 382; 1962, c. 623, § 15.1-764; 1997, c. 587.)

§ 15.2-823. Departments and commissions of county government.

The activities or functions of the county shall, with the exceptions herein provided, be distributed among the following general divisions or departments:

1. Department of finance.
2. Department of public works.
3. Department of social services.
4. Department of law enforcement.
5. Department of education.
6. Department of records.
7. Department of health.

   The board may establish any of the following additional departments and commissions and such other departments and commissions as it deems necessary to the proper conduct of the county's business:

   1. Department of assessments.

   2. Department of farm and home demonstration.

   3. Department of public safety.

   4. Department of public utilities.

   5. Commission on human rights.

   Any activity which is unassigned by this chapter shall, upon recommendation of the urban county executive, be assigned by the board to the appropriate department. The board may, upon recommendations of the urban county executive, reassign, transfer or combine any county functions, activities or departments.

   (Code 1950, § 15-384.52; 1960, c. 382; 1962, c. 623, § 15.1-765; 1972, c. 73; 1980, c. 44; 1997, c. 587.)

OPINIONS OF THE ATTORNEY GENERAL

A regional planning district commission is not a locality, authority, or sanitation district for purposes of competitive negotiation as defined in § 2.2-4301 of the Virginia Public Procurement Act. See opinion of Attorney General to The Honorable Robert D. "Bobby" Orrock, Member, House of Delegates, 10-020, 2010 Va. AG LEXIS 20 (4/27/10).

§ 15.2-824. Appointment of members of certain boards, authorities and commissions.

1. Notwithstanding the provisions of §§ 15.2-837 , 15.2-855 , 15.2-2212 , 15.2-5113 , 15.2-5703 and 36-11 , the board may establish different terms of office for initial and subsequent appointments of (i) the commissioners of any county redevelopment and housing authority created pursuant to the Housing Authorities Law (§§ 36-1 through 36-55.6), (ii) the members of any county authority created pursuant to the Park Authorities Act (§ 15.2-5700 et seq.), (iii) the members of the county planning commission, (iv) the members of the county school board, (v) any commissions created pursuant to § 15.2-823 and (vi) the members of any county water or sewer authority created pursuant to § 15.2-5102 . Such different terms of office for such authorities, boards and commissions shall be for fixed terms, and such different terms of office may include, but are not limited to, terms of either two or four years and terms that extend until July 1 of the year following the year in which there is a regular election provided by general law for the election of supervisors. If the board establishes different terms of office pursuant to this section, such new terms shall affect future appointments to such offices and shall not affect the existing terms of any commissioner or member then serving in office. This section shall not affect the removal of any member of an authority, board or commission for incompetency, neglect of duty or misuse of office pursuant to provisions of general law.
2. Notwithstanding the provisions of §§ 15.2-5113 and 36-11 , the board may appoint as many as eleven persons as (i) commissioners of any county redevelopment and housing authority created pursuant to the Housing Authorities Law and (ii) members of any county water or sewer authority created pursuant to § 15.2-5102 . (1989, c. 355, § 15.1-765.1; 1992, c. 524; 1997, c. 587.)

§ 15.2-825. Committee for legislative audit and review.

The board may establish a committee for the audit and review of county agencies and county-funded functions. The committee shall be composed of not more than eleven members who shall be appointed by the board for a term of two years. The committee shall have the power to make performance reviews of operations of county agencies or county-funded programs to ascertain that sums appropriated are expended for the purposes for which such appropriations were made and to evaluate the effectiveness of those agencies and programs. The committee shall make such special studies and reports as it deems appropriate and as the board requests. Notwithstanding the provisions of § 15.2-1534 , the board may appoint one or more of its members to serve on this committee.

The board may provide staff assistance to the committee which shall be independent of the administrative staff of the county. Any such staff shall be hired on the basis of merit and shall be paid in conformity with existing pay scales. The director of the staff to the committee shall serve at the pleasure of the board, and if removed, such removal shall not be subject to review by any other employee, agency, board or commission of the county or under the grievance procedure adopted pursuant to § 15.2-1506 . The director of any such staff shall be known as the auditor of the board.

(1992, c. 524, § 15.1-765.2; 1993, cc. 621, 781; 1995, c. 722; 1997, c. 587.)

Cross references. - As to exclusion of records produced by or for the committee from the provisions of the Virginia Freedom of Information Act, see § 2.2-3705.3 .

§ 15.2-826. Department of finance; director; general duties.

1. The director of finance shall be the head of the department of finance and as such have charge of (i) the administration of the county's financial affairs, including the budget; (ii) the assessment of property for taxation; (iii) the collection of taxes, license fees and other revenues; (iv) the custody of all public funds belonging to or handled by the county; (v) the supervision of the expenditures of the county and its subdivisions; (vi) the disbursement of county funds; (vii) the purchase, storage and distribution of all supplies, materials, equipment and contractual service needed by any department, office or other using agency of the county unless some other officer or employee is designated for this purpose; (viii) the keeping and supervision of all accounts; and (ix) such other duties as the board requires.
2. Notwithstanding any other provision of law, the board may enter into an agreement, similar to such agreements as are authorized under § 58.1-3910.1 , with any town located partially or wholly within the county for the official responsible for the assessment or collection of taxes to collect and enforce delinquent or non-delinquent real or personal property taxes owed to such town. The responsible official collecting town taxes pursuant to an agreement made under this section shall account for and pay over to the town the amounts collected, as provided by law. Any such agreement shall establish the terms for such collection and enforcement, including payment of reasonable compensation by the town for the services of the director of tax administration or other official and the order in which credit will be given for partial payments between taxes owed to the county and those owed to the town.
3. The board may assign the budget function to the urban county executive or a budget officer.

   (Code 1950, § 15-384.53; 1960, c. 382; 1962, c. 623, § 15.1-766; 1972, c. 456; 1982, c. 647; 1987, c. 419; 1997, c. 587; 2020, cc. 504, 505.)

The 2020 amendments. - The 2020 amendments by cc. 504 and 505 are identical, and inserted subsection B and redesignated the other paragraphs as subsections A and C.

Michie's Jurisprudence. - For related discussion, see 5A M.J. Counties, §§ 37, 42, 60.

§ 15.2-827. Same; expenditures and accounts.

No money shall be drawn from the county treasury, nor shall any obligation for the expenditure of money be incurred, except in pursuance of a legally enacted appropriation resolution, or legally enacted supplement thereto passed by the board. Accounts shall be kept for each item of appropriation made by the board. Each such account shall show in detail the appropriation made thereto, the amount drawn thereon, the unpaid obligations charged against it, and the unencumbered balance in the appropriation account, properly chargeable, sufficient to meet the obligation entailed by contract, agreement or order.

(Code 1950, § 15-384.53; 1960, c. 382; 1962, c. 623, § 15.1-766; 1972, c. 456; 1982, c. 647; 1987, c. 419; 1997, c. 587.)

§ 15.2-828. Same; powers of commissioners of revenue; real estate assessments.

1. The director of finance shall exercise all the powers conferred and perform all the duties imposed by general law upon commissioners of the revenue, not inconsistent herewith, and shall be subject to the obligations and penalties imposed by general law.
2. Every general reassessment of real estate in the county, unless some other person is designated for this purpose, shall be made by the director of finance. He shall collect and keep data and devise methods and procedures to be followed in each such general reassessment that will make for uniformity in assessments throughout the county.

   In addition to any other method provided by general law or by this chapter, the director of finance may provide for the annual assessment and equalization of real estate and any general reassessment ordered by the board. The director of finance or his designated agent shall collect data, provide maps and charts, and devise methods and procedures to be followed for such assessments that will make for uniformity in assessments throughout the county.

   All real estate shall be assessed as of January 1 of each year by the director of finance or other person designated to make such assessment. Such assessment shall provide for the equalization of assessments of real estate, correction of errors in tax assessment records, addition of erroneously omitted properties to the tax rolls, and the removal of properties acquired by owners not subject to taxation.

   Any reassessments which change the assessment of real estate shall not be extended for taxation until after a written notice has been mailed to the person in whose name such property is to be assessed at his last known address, setting forth the amount of the new assessment.

3. This section shall not apply to real estate assessable under the law by the State Corporation Commission.

   (Code 1950, § 15-384.53; 1960, c. 382; 1962, c. 623, § 15.1-766; 1972, c. 456; 1982, c. 647; 1987, c. 419; 1997, c. 587.)

§ 15.2-829. Same; powers of county treasurer; deposit of moneys.

1. The director of finance shall also exercise the powers conferred and perform all the duties imposed by general law upon county treasurers, and shall be subject to the obligations and penalties imposed by general law. All moneys received by any county officer or employee for or in connection with the business of the county shall be paid promptly into the hands of the director of finance. All such money shall be promptly deposited by the director of finance to the credit of the county in such banks or trust companies as the board selects. No money shall be disbursed or paid out by the county except upon check signed by the chairman of the board, or other person the board designates, and countersigned by the director of the department of finance or by an electronic fund wire or payment system, or by any means deemed appropriate and sound by the director of finance and approved by the board drawn upon a warrant issued by the board. If any money is knowingly paid otherwise than upon the director of finance's check, electronic fund wire or payment system or by alternative means specifically approved by the director of finance and the urban county board of supervisors, drawn upon such warrant, this payment shall be invalid against the county.
2. The board may designate one or more banks or trust companies as a receiving or collecting agency under the direction of the department of finance. All funds so collected or received shall be deposited to the credit of the county in such banks or trust companies as the board selects.
3. Every bank or trust company serving as a depository or as a receiving or collecting agency for county funds shall be required by the board to give adequate security therefor, and to meet such interest requirements as the board establishes by ordinance or resolution. All interest on money so deposited shall accrue to the county's benefit. The director of finance or his authorized deputies may transfer funds from one such depository to another by wire.

   (Code 1950, § 15-384.53; 1960, c. 382; 1962, c. 623, § 15.1-766; 1972, c. 456; 1982, c. 647; 1987, c. 419; 1997, c. 587.)

§ 15.2-830. Same; claims against counties; accounts.

The director of finance shall audit all claims against the county for goods or services. He shall also (i) ascertain that such claims are in accordance with the purchase orders or contracts of employment from which the claims arise; (ii) present such claims to the board for approval after such audit; (iii) draw all checks in settlement of such claims after approval by the board unless the board otherwise provides; (iv) keep a record of the revenues and expenditures of the county; (v) keep such accounts and records of the county's affairs as shall be prescribed by the Auditor of Public Accounts; and (vi) at the end of each month, prepare and submit to the board statements showing the progress and status of the county's affairs in such form as agreed upon by the Auditor of Public Accounts and the board. Such accounts and records may be kept in such form, including microphotography or other reproductive method, as the board prescribes.

(Code 1950, § 15-384.53; 1960, c. 382; 1962, c. 623, § 15.1-766; 1972, c. 456; 1982, c. 647; 1987, c. 419; 1997, c. 587.)

§ 15.2-831. Same; director as purchasing agent.

The director of finance shall act as purchasing agent for the county, unless the board designates some other officer or employee for such purpose. The director of finance or the person designated as purchasing agent shall make all purchases, subject to such exceptions as the board allows. He may transfer supplies, materials or equipment between departments and offices; sell any surplus supplies, materials or equipment; and make such other sales as the board authorizes. He may also, with the board's approval, (i) establish suitable specifications or standards for all supplies, materials and equipment to be purchased for the county; (ii) inspect all deliveries to determine their compliance with such specifications and standards; and (iii) sell supplies, materials and equipment to volunteer emergency medical services agencies and firefighting companies at the same cost of such supplies, materials and equipment to the county. He shall have charge of such storerooms and warehouses of the county as the board provides.

All purchases shall be made in accordance with Chapter 43 (§ 2.2-4300 et seq.) of Title 2.2 and under such rules and regulations consistent with Chapter 43 of Title 2.2 as the board establishes by ordinance or resolution, which ordinance or resolution may, notwithstanding the provisions of § 15.2-830 , provide for the use of a combination purchase order-check, which check may be made valid for such maximum amount as the board may fix, not to exceed $250. Subject to such exceptions as the board provides, before making any sale the director shall invite competitive bidding under such rules and regulations as the board establishes by ordinance or resolution. He shall not furnish any supplies, materials, equipment or contractual services to any department or office except upon receipt of a properly approved requisition and unless there is an unencumbered appropriation balance sufficient to pay for the supplies, materials, equipment or contractual services.

(Code 1950, § 15-384.53; 1960, c. 382; 1962, c. 623, § 15.1-766; 1972, c. 456; 1982, c. 647; 1987, c. 419; 1997, c. 587; 2015, cc. 502, 503.)

The 2015 amendments. - The 2015 amendments by cc. 502 and 503 are identical, and substituted "emergency medical services agencies and firefighting" for "rescue squads and fire-fighting" in clause (iii) of the first paragraph.

§ 15.2-832. Same; assistants.

The director may have such deputies or assistants in the performance of his duties as the board allows.

(Code 1950, § 15-384.53; 1960, c. 382; 1962, c. 623, § 15.1-766; 1972, c. 456; 1982, c. 647; 1987, c. 419; 1997, c. 587.)

§ 15.2-833. Same; obligations of chief assessing officer.

The chief assessing officer shall be subject to the obligations and penalties imposed by general law upon commissioners of the revenue.

(Code 1950, § 15-384.53; 1960, c. 382; 1962, c. 623, § 15.1-766; 1972, c. 456; 1982, c. 647; 1987, c. 419; 1997, c. 587.)

§ 15.2-834. Department of public works.

The director of public works shall be head of the department of public works. He shall have charge of the construction and maintenance of county drains and all other public works and construction and care of public buildings, storerooms and warehouses. He shall have the custody of such equipment and supplies as the board authorizes. He shall exercise the powers conferred and perform the duties imposed upon him by the board.

(Code 1950, § 15-384.54; 1960, c. 382; 1962, c. 623, § 15.1-767; 1997, c. 587.)

§ 15.2-835. Department and board of social services.

The superintendent of social services, who shall be head of the department of social services, shall be chosen from a list of eligibles furnished by the State Department of Social Services. Such person shall exercise the powers conferred and perform the duties imposed by general law upon the county board of social services, not inconsistent herewith. Such person shall also perform such other duties as the board imposes upon him.

The board shall select at least five and not more than 11 qualified county citizens, one of whom may be a member of the urban county board of supervisors, who shall constitute the county board of social services. The board shall designate an additional seat on the board for a qualified citizen of each city to which the county is contractually obligated to provide social services. Such board shall advise and cooperate with the department of social services and may adopt necessary rules and regulations not in conflict with law concerning such department.

As provided for in Chapters 2 (§ 63.2-200 et seq.) and 3 (§ 63.2-300 et seq.) of Title 63.2, the urban county board of supervisors in its discretion may designate either the superintendent of social services or the above-mentioned county board of social services as the local board. If the urban county board of supervisors designates the superintendent of social services as constituting the local board, the county board of social services shall serve in an advisory capacity to such officer with respect to the duties and functions imposed upon him by law.

(Code 1950, § 15-384.55; 1960, c. 382; 1962, c. 623, § 15.1-768; 1972, c. 73; 1974, cc. 44, 45; 1980, c. 62; 1981, c. 483; 1992, c. 524; 1997, c. 587; 2020, c. 12.)

The 2020 amendments. - The 2020 amendment by c. 12, in the second paragraph, substituted "11" for "eleven" in the first sentence and inserted the second sentence.

§ 15.2-836. Department of law enforcement.

The department of law enforcement shall consist of the attorney for the Commonwealth, chief of police, and sheriff, together with their assistants, police officers, deputies and employees. If a department of public safety is created, the chief of police, his police officers and employees shall be a part of such department as hereinafter provided.

The attorney for the Commonwealth shall exercise the powers conferred and perform the duties imposed upon such officer by general law and shall be accountable to the board in all matters affecting the county and shall perform such duties, consistent with his office, as the board directs. He shall be selected as provided by general law.

The department of law enforcement may also include a county attorney to be appointed by the board upon the recommendation of the county executive and who shall serve at an annual salary to be set by the board. If a county attorney is appointed, the attorney for the Commonwealth shall be relieved of the duties of advising the board, of drafting or preparing county ordinances, and of defending or bringing civil actions in which the county or any of its officials is a party. All such duties shall be performed by the county attorney, who shall be accountable to the board in all such matters.

The sheriff shall exercise the powers conferred and perform all the duties imposed upon sheriffs by general law except as herein provided. He shall have the custody, feeding and care of all prisoners confined in the county jail. He shall perform such other duties as the board may impose upon him. The sheriff shall be selected as provided by general law. The sheriff and such other deputies and assistants appointed hereunder shall receive such compensation as the board prescribes. Any police officer appointed by the urban county executive or the board shall be under the supervision and control of the board unless such supervision and control are conferred upon the urban county executive. Such police officer shall have such powers as may be provided by general law throughout the county, including all towns therein.

(Code 1950, § 15-384.56; 1960, c. 382; 1962, c. 623, § 15.1-769; 1966, c. 464; 1968, c. 797; 1978, c. 558; 1997, c. 587.)

Editor's note. - Acts 2013, cc. 755 and 796, cl. 1 provides: " § 1. No state or local government department, agency, or instrumentality having jurisdiction over criminal law enforcement or regulatory violations, including but not limited to the Department of State Police, and no department of law enforcement as defined in § 15.2-836 of the Code of Virginia of any county, city, or town shall utilize an unmanned aircraft system before July 1, 2015.

"Notwithstanding the prohibition in this section, an unmanned aircraft system may be deployed before July 1, 2015, (i) when an Amber Alert is activated pursuant to § 52-34.3 of the Code of Virginia, (ii) when a Senior Alert is activated pursuant to § 52-34.6 of the Code of Virginia, (iii) when a Blue Alert is activated pursuant to § 52-34.9 of the Code of Virginia, (iv) for the purpose of a search or rescue operation where use of an unmanned aircraft system is determined to be necessary to alleviate an immediate danger to any person, or (v) for training exercises related to such uses. In no case may a weaponized unmanned aircraft system be deployed or its use facilitated by a state or local agency in Virginia.

"The prohibitions in this section shall not apply to the Virginia National Guard while utilizing unmanned aircraft systems during training required to maintain readiness for its federal mission, when facilitating training for other United States Department of Defense units, or when such systems are utilized to support the Commonwealth for purposes other than law enforcement, including damage assessment, traffic assessment, flood stages, and wildfire assessment. Nothing herein shall prohibit use of unmanned aircraft systems solely for research and development purposes by institutions of higher education and other research organizations or institutions."

Acts 2013, cc. 755 and 796, cl. 2 provides: "That the Department of Criminal Justice Services, in consultation with the Office of the Attorney General and other state agencies, shall develop model protocols for use of unmanned aircraft systems by law-enforcement agencies and shall report such findings to the Governor and the General Assembly on or before November 1, 2013."

OPINIONS OF THE ATTORNEY GENERAL

Unmanned aircraft system. - Based on the accepted industry definition of an "unmanned aircraft system" and legislative intent, Acts 2013, cc. 755 and 796 (as noted under this section), which is effective until July 1, 2015, temporarily prohibits the use of even a single remotely controlled aerial vehicle by state or local law enforcement for the purpose of gathering evidence pursuant to a search warrant. Chapter 755, however, does not prohibit the use of unmanned aircraft systems for specified humanitarian purposes. See opinion of Attorney General to The Honorable Ronald K. Elkins, Commonwealth's Attorney, Wise County & City of Norton, No. 14-051, 2014 Va. AG LEXIS 59 (10/9/14).

§ 15.2-836.1. Animal protection police officer.

The department of police, if established in accordance with Chapter 17 (§ 15.2-1700 et seq.), may include an animal protection police officer who shall have all of the powers of an animal control officer, as defined in § 3.2-6500, conferred by general law and one or more deputy animal protection police officers to assist the animal protection police officer in the performance of his duties. An animal protection officer and his deputies also shall have all of the powers vested in law-enforcement officers, as defined in § 9.1-101 , if they meet the minimum qualifications and have been certified under §§ 15.2-1705 and 15.2-1706 .

(2016, c. 498.)

§ 15.2-837. Department of education.

The department of education shall consist of the county school board, the division superintendent of schools and the officers and employees thereof. Except as herein otherwise provided, the county school board and the division superintendent of schools shall exercise the powers conferred and perform the duties imposed upon them by general law. In addition the parks and playgrounds shall be under the supervision and control of the department of education unless otherwise provided by the urban county board of supervisors. The county school board shall be composed of not less than five nor more than twelve members, who shall be chosen by the urban county board of supervisors to serve for a term of two years, except that as many as one half of the members of the first such board appointed may be appointed for lesser terms. The exact number of members shall be determined by the urban county board of supervisors. The term of office for any member appointed after July 1, 1972, shall expire on July 1 of the second year after his appointment.

The board of county supervisors may also appoint a county resident to cast the deciding vote in case of a tie vote of the school board as provided in § 22.1-75. The tie breaker, if any, shall be appointed for a four-year term whether appointed to fill a vacancy caused by expiration of a term or otherwise.

The chairman of the county school board, unless some other person in the department is designated by the school board for such purpose, may appear before the urban county board of supervisors and present his views on matters relating to the department of education.

Notwithstanding any contrary provisions of this section, a county which has an elected school board shall comply with the applicable provisions of Article 7 (§ 22.1-57.1 et seq.) of Title 22.1.

(Code 1950, § 15-384.57; 1960, c. 382; 1962, c. 623, § 15.1-770; 1968, c. 797; 1972, c. 162; 1980, c. 559; 1981, c. 246; 1994, c. 445; 1997, c. 587.)

Cross references. - As to public hearing before appointment of school board members, see § 22.1-29.1.

§ 15.2-838. Department of records.

The department of records shall be under the supervision and control of the county clerk. He shall be clerk of the circuit court of the county and, if designated by the board, clerk for the county court. The county clerk shall also be clerk of the board unless the board designates some other person for this purpose. He shall exercise the powers conferred and perform the duties imposed upon such officers by general law and shall be subject to the obligations and penalties imposed by general law. He shall also perform such other duties the board imposes upon him.

(Code 1950, § 15-384.58; 1960, c. 382; 1962, c. 623, § 15.1-771; 1966, c. 464; 1997, c. 587.)

Michie's Jurisprudence. - For related discussion, see 5A M.J. Counties, § 52.

§ 15.2-839. Department and board of health.

The department of health shall consist of the county health officer, who shall be chosen from a list of eligibles furnished by the State Board of Health and the other officers and employees of such department. The county health officer shall be head of such department and shall exercise the powers conferred and shall perform the duties imposed upon the local health officer and the local board of health by general law, not inconsistent herewith. He shall also perform such other duties as the board imposes upon him.

The board of supervisors may select two qualified county citizens, who, together with the county health officer, shall constitute the county board of health. Such board shall advise and cooperate with the department of health and shall have power to adopt rules and regulations, not in conflict with law, concerning the department. The board of health may at any time be abolished by the board of supervisors.

(Code 1950, § 15-384.59; 1960, c. 382; 1962, c. 623, § 15.1-772; 1997, c. 587.)

§ 15.2-840. Department of assessments.

1. The department of assessments, if and when established, shall be headed by a commissioner of the revenue or supervisor of assessments, who shall exercise the power conferred and perform the duties imposed by § 15.2-826 upon the director of finance.
2. In addition to the powers and duties hereinabove conferred, the governing body of any county which has provided for a department of assessments headed by a supervisor of assessments may, in lieu of the method now prescribed by law, provide for the annual assessments and equalization of assessments of real estate by such department. All real estate shall thereafter be assessed as of January 1 of each year. The board of supervisors shall appoint a board of equalization of real estate assessments composed of not less than three nor more than eleven members. The board of supervisors may provide for terms varying in duration not to exceed four years. Such equalization board shall have the powers and duties provided by and be subject to, the provisions of Article 14 (§ 58.1-3370 et seq.) of Chapter 32 of Title 58.1. Any person aggrieved by any assessment made under the provisions of this section may apply for relief to such board as therein provided. The provisions of this section shall not, however, apply to any real estate assessable under the law by the State Corporation Commission.
3. The board of equalization may sit in panels of at least three members each under the following terms and conditions:
   1. The presence of all members in the panel shall be necessary to constitute a quorum.
   2. The chairman of the board of equalization shall assign the members to panels and, insofar as practicable, rotate the membership of the panels.
   3. The chairman of the board of equalization shall preside over any panel of which he is a member and shall designate the presiding member of the other panels.
   4. Each panel shall perform its duties independently of the others.
   5. The board of equalization shall sit en banc (i) when there is a dissent in the panel to which the matter was originally assigned and an aggrieved party requests an en banc hearing or (ii) upon its own motion at any time, in any matter in which a majority of the board of equalization determines it is appropriate to do so. The board of equalization sitting en banc shall consider and decide the matter and may affirm, reverse, overrule or modify any previous decision by any panel.

      (Code 1950, § 15-384.60; 1960, c. 382; 1962, c. 623, § 15.1-773; 1968, c. 797; 1976, c. 174; 1989, c. 355; 1992, c. 524; 1997, c. 587.)

§ 15.2-841. Department of farm and home demonstration.

The department of farm and home demonstration shall consist of the county agricultural agent, who shall be head of the department, a home demonstration agent and such assistants and employees as may be appointed or employed. The county agricultural agent and the home demonstration agent shall be selected from lists of eligibles submitted by the Virginia Polytechnic Institute and State University. They shall perform such duties as the board imposes upon them.

(Code 1950, § 15-384.61; 1960, c. 382; 1962, c. 623, § 15.1-774; 1997, c. 587.)

§ 15.2-842. Department of public safety.

The department of public safety, if and when established, shall be under the supervision of a director of public safety. Such department may consist of the following divisions:

1. Division of police, in the charge of a chief of police and consisting of such other police officers and personnel as may be appointed.
2. Division of fire protection, in the charge of a fire chief and consisting of such fire fighters and other personnel as may be appointed.

   (Code 1950, § 15-384.62; 1960, c. 382; 1962, c. 623, § 15.1-775; 1977, c. 326; 1997, c. 587.)

§ 15.2-843. Department of public utilities.

The department of public utilities, if and when established, shall be under the supervision of a director of public utilities. Such department shall be in charge of construction, operation, maintenance and administration of all public works coming under the general category of public utilities, owned, operated and controlled by any such county or district or any sanitary district of such county. Such department shall be responsible for the administration of the affairs of the sanitary districts, including but not limited to water systems, sewer systems, sewage disposal systems, garbage and any other sanitary district functions not assigned or administered by other departments or agencies. If the county has a division of fire protection and a fire chief under the provisions of § 15.2-842 then such fire protection shall not be under the department of public utilities.

(Code 1950, § 15-384.63; 1960, c. 382; 1962, c. 623, § 15.1-776; 1997, c. 587.)

§ 15.2-844. Examination and audit of books and accounts.

The board shall require an annual audit of the books of every county officer who handles public funds to be made by a certified public accountant who is not a regular officer or employee of the county and who is thoroughly qualified by training and experience. An audit made by the Auditor of Public Accounts under the provisions of law may be considered as having satisfied the requirements of this paragraph.

Either the board or the urban county executive may at any time order an examination or audit of the accounts of any officer or department of the county government. Upon the death, resignation, removal or expiration of the term of any county officer, the director of finance shall cause an audit and investigation of the accounts of such officer to be made and shall report the results to the executive and the board. In the case of the death, resignation or removal of the director of finance, the board shall cause an audit to be made of his accounts. If as a result of any such audit, an officer is found indebted to the county, the board shall proceed forthwith to collect such indebtedness.

(Code 1950, § 15-384.64; 1960, c. 382; 1962, c. 623, § 15.1-777; 1997, c. 587.)

§ 15.2-845. Schedule of compensation.

The board shall establish a schedule of compensation for officers and employees which shall provide equitable compensation for officers and employees and which shall provide for recognition of length of service and of merit. The compensation prescribed shall be subject to such limitations made by general law.

(Code 1950, § 15-384.65; 1960, c. 382; 1962, c. 623, § 15.1-778; 1997, c. 587.)

§ 15.2-846. Salaries and expenses of board members; administrative staff.

The board shall establish the salaries and allowances of board members in accordance with the provisions of general law provided:

1. A public hearing shall be held on the salaries to be established;
2. No increase in such salaries shall be effective until the expiration of the current term of all board members whose salaries are to be increased; and
3. Any action or procedure necessary to be taken to increase such salaries shall be completed not later than April 15 of any year in which there is an election for board members.

   Each board member, in addition to salary and allowances, shall be entitled to reasonable administrative staff support paid by the county in conformity with existing pay scales and whose duty shall be limited exclusively to county business.

   (1975, c. 143, § 15.1-778.1; 1978, c. 382; 1982, c. 376; 1983, c. 152; 1988, c. 879; 1997, c. 587.)

§ 15.2-847. Budget; board to fix salaries and allowances.

Each year at least two weeks before the board must prepare its proposed annual budget, the urban county executive shall prepare and submit to the board a budget presenting a financial plan for conducting the county's affairs for the ensuing year. The budget shall be set up in the manner prescribed by general law. Hearings thereon shall be held and notice thereof given and the budget adopted in accordance with such general law. The board shall establish the salary and allowances of all county employees.

(Code 1950, § 15-384.66; 1960, c. 382; 1962, c. 623, § 15.1-779; 1966, c. 464; 1968, c. 797; 1975, c. 143; 1997, c. 587.)

Cross references. - For the State and Local Government Conflict of Interests Act, see § 2.2-3100 et seq.

§ 15.2-848. Compensation of officers and employees; fee system abolished.

All county officers and employees shall be paid regular compensation and the fee system as a method of compensation in the county shall be abolished, except as to those officers not affected by the adoption of this form of county organization and government. All such officers and employees shall, however, continue to collect all fees and charges provided for by general law, shall keep a record thereof, and shall promptly transmit all such fees and charges collected to the director of finance, who shall promptly receipt therefor. Such officers shall also keep such other records as are required by § 17.1-283 . All fees and commissions, which but for this section would be paid to such officers by the Commonwealth for services rendered, shall be paid into the county treasury.

The excess, if any, of the fees collected by each of the officers mentioned in § 17.1-283 or collected by anyone exercising the powers of and performing the duties of any such officers, over (i) the allowance to which such officers would be entitled by general law but for the provisions of this section and (ii) expenses in such amount as allowed by the Compensation Board shall be paid, one third into the state treasury and two thirds to the county.

Any county officer or employee who fails or refuses to collect any fee which is collectible and should be collected under the provisions of this section, or who fails or refuses to pay any fee so collected to the county as herein provided, shall upon conviction be deemed guilty of a misdemeanor.

(Code 1950, § 15-384.68; 1960, c. 382; 1962, c. 623, § 15.1-781; 1997, c. 587.)

Editor's note. - Acts 2020, c. 1289, as amended by Acts 2021, Sp. Sess. I, c. 552, Item § 3-5.05, effective for the biennium ending June 30, 2022, provides: "Notwithstanding §§ 15.2-540 , 15.2-639 , 15.2-848 , 17.1-285 , and any other provision of law general or special, effective July 1, 2009, the Commonwealth shall be entitled to two-thirds of the excess fees collected by the clerks of the circuit courts as required to be reported under § 17.1-283 ."

§ 15.2-849. Establishing times and conditions of employment; personnel management, etc.

1. A county may establish and prescribe for all county employees and, as necessary, for officers thereof, the following provisions:
   1. Normal workdays and hours of employment therein;
   2. Holidays;
   3. Days of vacation allowed;
   4. Days of sick leave allowed;
   5. Other provisions concerning the hours and conditions of employment;
   6. Plans of personnel management and control;
   7. Systems of retirement for all or any classes of officers and employees of the county but the adoption of the urban county executive form of government shall in no way affect any retirement system in effect in any such county prior to the date of adoption of such form; and
   8. Notwithstanding any other provision of law, such employee benefit programs as it deems appropriate. In connection with some or all of such employee benefit programs, the county may enter into voluntary salary reduction agreements with its officers and employees when such agreements are authorized under the laws of the United States relating to federal income taxes. Any such voluntary salary reduction agreements entered into prior to January 1, 1988, are hereby validated.
2. Any such county shall have the power to establish, alter, amend or repeal at will any provision adopted under subsection A hereof.

   (Code 1950, § 15-384.69; 1960, c. 382; 1962, c. 623, § 15.1-782; 1988, c. 879; 1997, c. 587.)

§ 15.2-850. Bonds of officers.

The urban county executive shall give bond payable to the county in the amount of not less than $5,000. The director of finance shall give bond in the amount of not less than fifteen percent of the amount of money to be received by him annually, but he shall not be required to give a bond in excess of five million dollars except as hereinafter provided. If the urban county executive serves also as director of finance, he shall give bond to the full amount indicated above for the director of finance. The board may fix bonds in excess of these amounts and require bonds of other county officers in the board's discretion, conditioned on the faithful discharge of their duties and the proper accounting for all funds coming into their possession.

(Code 1950, § 15-384.70; 1960, c. 382; 1962, c. 623, § 15.1-783; 1968, cc. 375, 797; 1997, c. 587.)

Cross references. - As to amount of bond of county treasurer or director of finance, see § 15.2-1529 .

§ 15.2-851. Expedited land development review procedure.

1. A county may establish, by ordinance, a separate processing procedure for the review of preliminary and final subdivision and site plans and other development plans certified by licensed professional engineers, architects, landscape architects and land surveyors who are also licensed pursuant to § 54.1-408 and recommended for submission by persons who have received special training in such county's land development ordinances and regulations. The purpose of such separate review procedure is to provide a procedure to expedite the county's review of certain qualified land development plans. If a separate procedure is established, the county shall establish within the adopted ordinance the criteria for qualification of persons and whose work is eligible to use the separate procedure as well as a procedure for determining if the qualifications are met by persons applying to use the separate procedure. Persons who satisfy the criteria of subsection B below shall qualify as plans examiners. Plans reviewed and recommended for submission by plans examiners and certified by the appropriately licensed professional engineer, architect, landscape architect or land surveyor shall qualify for the separate processing procedure.
2. The qualifications of those persons who may participate in this program shall include, but not be limited to, the following:
   1. A bachelor of science degree in engineering, architecture, landscape architecture or related science or equivalent experience or a land surveyor certified pursuant to § 54.1-408 .
   2. Successful completion of an educational program specified by the county.
   3. A minimum of two years of land development engineering design experience acceptable to the county.
   4. Attendance at continuing educational courses specified by the county.
   5. Consistent preparation and submission of plans which meet all applicable ordinances and regulations.
3. If an expedited review procedure is adopted by the board of supervisors pursuant to this section, the board of supervisors shall establish an advisory plans examiner board which shall make recommendations to the board of supervisors on the general operation of the program, on the general qualifications of those who may participate in the expedited processing procedure, on initial and continuing educational programs needed to qualify and maintain qualification for such a program, and on the general administration and operation of such a program. In addition, the plans examiner board shall submit recommendations to the board of supervisors as to those persons who meet the established qualifications for participation in the program and as to whether those persons who have previously qualified to participate in the program should be disqualified, suspended or otherwise disciplined. The plans examiner board shall consist of six members who shall be appointed by the board of supervisors for staggered four-year terms. Initial terms may be less than four years so as to provide for staggered terms. The plans examiner board shall consist of three persons in private practice as licensed professional engineers or land surveyors certified pursuant to § 54.1-408 , at least one of whom shall be a certified land surveyor; one person employed by the county government; one person employed by the Virginia Department of Transportation who shall serve as a nonvoting advisory member; and one citizen member. All plans examiner board members who serve as licensed engineers or as certified surveyors must maintain their professional license or certification as a condition of holding office, and all such persons shall have at least two years of experience in land development procedures of the county. The citizen member shall meet the qualifications provided in § 54.1-107 . However, such member, notwithstanding the proscription of provision (i) of § 54.1-107 , shall have training as an engineer or surveyor and may be currently licensed, certified or practicing his profession.
4. The expedited land development program shall include an educational program conducted under the auspices of a public institution of higher education. The instructors in the educational program shall consist of persons in the private and public sectors who are qualified to prepare land development plans. The educational program shall include the comprehensive and detailed study of county ordinances and regulations relating to plans and how they are applied.
5. The separate processing system may include a review of selected or random aspects of plans rather than a detailed review of all aspects. However, it shall also include periodic detailed review of plans prepared by persons who qualify for the system.
6. In no event shall this section relieve persons who prepare and submit plans of the responsibilities and obligations which they would otherwise have with regard to the preparation of plans, nor shall it relieve the county of its obligation to review other plans in the time periods and manner prescribed by law.

   (1989, c. 735, § 15.1-783.01; 1990, c. 822; 1997, c. 587; 2009, c. 309.)

Editor's note. - At the direction of the Virginia Code Commission, "public institution of higher education" was substituted for "state institution of higher education" in subsection D to conform to Acts 2016, c. 588.

The 2009 amendments. - The 2009 amendment by c. 309, in subsection A, in the first sentence, deleted "certified" preceding "landscape architects," and in the last sentence, deleted "certified" preceding "landscape architect."

§ 15.2-851.1. Optional provisions of a subdivision ordinance.

1. As an alternative to the requirements of the first paragraph of subdivision 5 of § 15.2-2241 , a subdivision ordinance may include reasonable regulations and provisions that apply to or provide for the acceptance of dedication for public use of any right-of-way located within any subdivision or section thereof, which has constructed or proposed to be constructed within the subdivision or section thereof, any street, curb, gutter, sidewalk, bicycle trail, drainage or sewerage system, waterline as part of a public system or other improvement dedicated for public use, and maintained by the locality, the Commonwealth, or other public agency, and for the provision of other site-related improvements required by local ordinances for vehicular ingress and egress, including traffic signalization and control, for public access streets, for structures necessary to ensure stability of critical slopes, and for storm water management facilities, financed or to be financed in whole or in part by private funds only if the owner or developer (i) certifies to the governing body that the construction costs have been paid to the person constructing such facilities; (ii) furnishes to the governing body a certified check or cash escrow in the amount of the estimated costs of construction; (iii) furnishes a personal, corporate, or property bond, with surety satisfactory to the governing body or its designated administrative agency, in an amount sufficient for and conditioned upon the construction of such facilities, or a contract for the construction of such facilities and the contractor's bond, with like surety, in like amount and so conditioned; or (iv) furnishes to the governing body a bank or savings institution's letter of credit on certain designated funds satisfactory to the governing body or its designated administrative agency as to the bank or savings institution, the amount, and the form. If the owner or developer has not met all previous land development obligations in accordance with all development agreements with the locality as determined by the governing body or its designated administrative agency for the previous seven years, then a personal, corporate, or property bond may be disallowed by the governing body as security for such facilities, and in such event, security for such facilities shall be restricted to a certified check, cash escrow, or a letter of credit that meets the requirements of clause (iv) herein. The amount of such certified check, cash escrow, bond, or letter of credit shall not exceed the total of the estimated cost of construction based on current unit prices for new public or private sector construction in the locality and a reasonable allowance for estimated administrative costs, inflation, and potential damage to existing roads or utilities, which shall not exceed 25% of the estimated construction costs. However, if for the previous seven years the owner or developer has not met all previous land development obligations in accordance with all development agreements with the locality as determined by the governing body or its designated administrative agency, the governing body may require that the allowance for estimated administrative costs, inflation, and potential damage to existing roads or utilities be greater than 25% of the estimated construction costs, but not to exceed 50% of the estimated construction costs. "Developer," as used in this section, means any owner, builder, subdivider or other person or entity engaged in the land development process and shall include their principals, officers, members, managers, partners, alter egos, and members of the immediate family related to any of the foregoing. "Such facilities," as used in this section, means those facilities specifically provided for in this section.
2. As an alternative to the requirements of subsection E of § 15.2-2245 , a subdivision ordinance may provide that upon written request by the subdivider or developer, the governing body or its designated administrative agency shall be required to make periodic partial releases of such bond, escrow, letter of credit, or other performance guarantee in a cumulative amount equal to no less than 90% of the original amount for which the bond, escrow, letter of credit, or other performance guarantee was taken, and may make partial releases to such lower amounts as may be authorized by the governing body or its designated administrative agency based upon the percentage of public facilities completed and approved by the governing body, local administrative agency, or state agency having jurisdiction. If the subdivider or developer has not met all previous land development obligations in accordance with all development agreements with the locality as determined by the governing body or its designated administrative agency for the previous seven years prior to the written request for partial release, the cumulative amount released may be equal to no less than 80% of the original amount for which the bond, escrow, letter of credit, or other performance guarantee was taken. "Subdivider" and "developer," as used in this section, mean any owner, builder, subdivider, or other person or entity engaged in the land development process and shall include their principals, officers, members, managers, partners, alter egos, and members of the immediate family related to any of the foregoing. Periodic partial releases may not occur before the completion of at least 30% of the public facilities covered by any bond, escrow, letter of credit, or other performance guarantee. The governing body or administrative agency shall not be required to execute more than three periodic partial releases in any 12-month period. Upon final completion and acceptance of the public facilities, the governing body or administrative agency shall release any remaining bond, escrow, letter of credit, or other performance guarantee to the subdivider or developer. For the purpose of final release, the term "acceptance" means when the public facility is accepted by and taken over for operation and maintenance by the state agency, local government department or agency, or other public authority which is responsible for maintaining and operating such public facility upon acceptance. (2006, c. 736.)

§ 15.2-852. Disclosures in land use proceedings.

1. Each individual member of the board of supervisors, the planning commission, and the board of zoning appeals in any proceeding before each such body involving an application for a special exception or variance or involving an application for amendment of a zoning ordinance map, which does not constitute the adoption of a comprehensive zoning plan, an ordinance applicable throughout the county, or an application filed by the board of supervisors that involves more than 10 parcels that are owned by different individuals, trusts, corporations, or other entities, shall, prior to any hearing on the matter or at such hearing, make a full public disclosure of any business or financial relationship which such member has, or has had within the 12-month period prior to such hearing, (i) with the applicant in such case, or (ii) with the title owner, contract purchaser or lessee of the land that is the subject of the application, except, in the case of a condominium, with the title owner, contract purchaser, or lessee of 10% or more of the units in the condominium, or (iii) if any of the foregoing is a trustee (other than a trustee under a corporate mortgage or deed of trust securing one or more issues of corporate mortgage bonds), with any trust beneficiary having an interest in such land, or (iv) with the agent, attorney or real estate broker of any of the foregoing. For the purpose of this subsection, "business or financial relationship" means any relationship (other than any ordinary customer or depositor relationship with a retail establishment, public utility or bank) such member, or any member of the member's immediate household, either directly or by way of a partnership in which any of them is a partner, employee, agent or attorney, or through a partner of any of them, or through a corporation in which any of them is an officer, director, employee, agent or attorney or holds 10 percent or more of the outstanding bonds or shares of stock of a particular class, has, or has had within the 12-month period prior to such hearing, with the applicant in the case, or with the title owner, contract purchaser or lessee of the subject land, except, in the case of a condominium, with the title owner, contract purchaser, or lessee of 10% or more of the units in the condominium, or with any of the other persons above specified. For the purpose of this subsection "business or financial relationship" also means the receipt by the member, or by any person, firm, corporation or committee in his behalf from the applicant in the case or from the title owner, contract purchaser or lessee of the subject land, except, in the case of a condominium, with the title owner, contract purchaser, or lessee of 10% or more of the units in the condominium, or from any of the other persons above specified, during the 12-month period prior to the hearing in such case, of any gift or donation having a value of more than $100, singularly or in the aggregate.

   If at the time of the hearing in any such case such member has a relationship of employee-employer, agent-principal, or attorney-client with the applicant in the case or with the title owner, contract purchaser or lessee of the subject land except, in the case of a condominium, with the title owner, contract purchaser, or lessee of 10% or more of the units in the condominium, or with any of the other persons above specified, that member shall, prior to any hearing on the matter or at such hearing, make a full public disclosure of such employee-employer, agent-principal, or attorney-client relationship and shall be ineligible to vote or participate in any way in such case or in any hearing thereon.

2. In any case described in subsection A pending before the board of supervisors, planning commission or board of zoning appeals, the applicant in the case shall, prior to any hearing on the matter, file with the board or commission a statement in writing and under oath identifying by name and last known address each person, corporation, partnership or other association specified in the first paragraph of subsection A. The requirements of this section shall be applicable only with respect to those so identified.
3. Any person knowingly and willfully violating the provisions of this section shall be guilty of a Class 1 misdemeanor.

   (1968, c. 774, § 15.1-73.4; 1970, c. 654; 1988, c. 879; 1997, c. 587; 2004, cc. 498, 552; 2006, cc. 9, 287, 317; 2014, c. 743.)

Cross references. - As to the policies, application, and construction of the State and Local Government Conflict of Interests Act, see § 2.2-3100 .

As to punishment for Class 1 misdemeanors, see § 18.2-11 .

Editor's note. - Acts 2004, cc. 498 and 552, cl. 2 provides: "That the provisions of this act shall become effective on January 1, 2005."

Acts 2004, cc. 498 and 552, cl. 3 provides: "That the provisions of this act shall not apply to applications for a special exception, variance, or amendment of a zoning ordinance filed prior to January 1, 2005."

The 2004 amendments. - The 2004 amendments by cc. 498 and 552, effective January 1, 2005, are identical, and in the first paragraph of subsection A, substituted "12-month" for "twelve month" three times, substituted "(i) with" for "with (i)," "10 percent" for "ten percent," and "more than $100, singularly or in the aggregate" for "$200 or more"; and deleted the comma following "this section" in subsection C.

The 2006 amendments. - The 2006 amendments by cc. 9 and 317 are identical, and inserted "except in the case of a condominium with the title owner contract purchaser, or lessee of 10% or more of the units in the condominium" following "subject of the application/subject land" throughout the first and second paragraphs of subsection A.

The 2006 amendment by c. 287, in subsection A, inserted "map" following "zoning ordinance," and "an application filed by the board of supervisors that involves more than 10 parcels that are owned by different individuals, trusts, corporations, or other entities" at the end of the first sentence and made a related change.

The 2014 amendments. - The 2014 amendment by c. 743, in the second paragraph of subsection A, substituted "relationship of employee-employer, agent-principal, or attorney-client" for "business or financial interest," deleted "involving the relationship of employee-employer, agent-principal, or attorney-client" following "other persons above specified," and inserted "employee-employer, agent-principal, or attorney-client."

§ 15.2-853. Commission on human rights; human rights ordinance.

A county may enact an ordinance prohibiting discrimination in housing, real estate transactions, employment, public accommodations, credit, and education on the basis of race, color, religion, sex, pregnancy, childbirth or related medical conditions, national origin, military status, age, marital status, sexual orientation, gender identity, or disability. The board may enact an ordinance establishing a local commission on human rights that shall have the following powers and duties:

1. To promote policies to ensure that all persons be afforded equal opportunity;
2. To serve as an agency for receiving, investigating, holding hearings, processing, and assisting in the voluntary resolution of complaints regarding discriminatory practices occurring within the county;
3. With the approval of the county attorney, to seek, through appropriate enforcement authorities, prevention of or relief from a violation of any ordinance prohibiting discrimination; and
4. To exercise such other powers and duties as provided in this article. However, the commission shall have no power itself to issue subpoenas, award damages, or grant injunctive relief.

   For the purposes of this article, unless the context requires otherwise:

   "Military status" means status as (i) a member of the uniformed forces, as defined in 10 U.S.C. § 101(a)(5), of the United States or a reserve component thereof named under 10 U.S.C. § 10101, (ii) a veteran as defined in 38 U.S.C. § 101(2), or (iii) a dependent as defined in 50 U.S.C. § 3911(4) except that the support provided by the service member to the individual shall have been provided 180 days immediately preceding an alleged action that if proven true would constitute unlawful discrimination under this section instead of 180 days immediately preceding an application for relief under 50 U.S.C. Chapter 50.

   "Person" means one or more individuals, labor unions, partnerships, corporations, associations, legal representatives, mutual companies, joint-stock companies, trusts, or unincorporated organizations.

   (1986, c. 495, § 15.1-783.1; 1989, c. 355; 1997, cc. 404, 587; 2020, cc. 1137, 1140; 2021, Sp. Sess. I, cc. 477, 478.)

Cross references. - As to powers of local commissions under the Office of Human Rights, see § 2.2-524 .

As to causes of action under Chapter 39 ( § 2.2-3900 et seq.) of Title 2.2 and under the Office of Human Rights, see § 2.2-3903 .

Editor's note. - Pursuant to Acts 1997, c. 587, cl. 6, effect has been given in this section, as set out above, to Acts 1997, c. 404, which amended § 15.1-783.1, the comparable former version of the section. In accordance with c. 404, the amendment inserted "pregnancy, childbirth or related medical conditions" preceding "national origin" in the first sentence of the first paragraph.

Acts 1997, c. 404, cl. 2, provides: "That the provisions of this act [which amended §§ 2.1-715 (see now § 2.2-3900 ), 2.1-716 (see now § 2.2-3901 ), 2.1-717 (see now § 2.2-3902 ), 2.1-725 (see now § 2.2-2639), 15.1-37.3:8, 15.1-783.1, 15.1-783.2] are declarative of existing law."

The 2020 amendments. - The 2020 amendment by c. 1137, in the introductory paragraph, inserted "sexual orientation, gender identity" in the first sentence, and made a stylistic change.

The 2020 amendment by c. 1140, in the introductory paragraph, inserted "status as a veteran" and "sexual orientation, gender identity"; designated the end of the first sentence, and the second sentence in subdivision 3 as subdivision 4; and made a stylistic change.

The 2021 Sp. Sess. I amendments. - The 2021 amendments by Sp. Sess. I, cc. 477 and 478, effective July 1, 2021, are identical, and substituted "military status" for "status as a veteran" in the introductory paragraph; and rewrote the ending paragraph, which formerly read: "For the purposes of this article, 'person' means one or more individuals, labor unions, partnerships, corporations, associations, legal representatives, mutual companies, joint-stock companies, trusts, or unincorporated organizations."

§ 15.2-854. Investigations.

Whenever the commission on human rights has a reasonable cause to believe that any person has engaged in, or is engaging in, any violation of a county ordinance that prohibits discrimination due to race, color, religion, sex, pregnancy, childbirth or related medical conditions, national origin, military status, age, marital status, sexual orientation, gender identity, or disability, and, after making a good faith effort to obtain the data, information, and attendance of witnesses necessary to determine whether such violation has occurred, is unable to obtain such data, information, or attendance, it may request the county attorney to petition the judge of the general district court for its jurisdiction for a subpoena against any such person refusing to produce such data and information or refusing to appear as a witness, and the judge of such court may, upon good cause shown, cause the subpoena to be issued. Any witness subpoena issued under this section shall include a statement that any statements made will be under oath and that the respondent or other witness is entitled to be represented by an attorney. Any person failing to comply with a subpoena issued under this section shall be subject to punishment for contempt by the court issuing the subpoena. Any person so subpoenaed may apply to the judge who issued a subpoena to quash it.

(1986, c. 495, § 15.1-783.2; 1994, c. 873; 1997, cc. 404, 587; 2020, cc. 1137, 1140; 2021, Sp. Sess. I, cc. 477, 478.)

Cross references. - As to powers of local commissions under the Office of Human Rights, see § 2.2-524 .

Editor's note. - Pursuant to Acts 1997, c. 587, cl. 6, effect has been given in this section, as set out above, to Acts 1997, c. 404, which amended § 15.1-783.2, the comparable former version of the section. In accordance with c. 404, the amendment inserted "pregnancy, childbirth or related medical conditions" preceding "national origin" in the first sentence.

Acts 1997, c. 404, cl. 2, provides: "That the provisions of this act [which amended §§ 2.1-715 (see now § 2.2-3900 ), 2.1-716 (see now § 2.2-3901 ), 2.1-717 (see now § 2.2-3902 ), 2.1-725 (see now § 2.2-2639), 15.1-37.3:8, 15.1-783.1, 15.1-783.2] are declarative of existing law."

The 2020 amendments. - The 2020 amendment by cc. 1137 and 1140 are almost identical, and in the first sentence, inserted "sexual orientation, gender identity" and made a stylistic change. In addition c. 1140 inserted "status as a veteran" in that sentence.

The 2021 Sp. Sess. I amendments. - The 2021 amendments by Sp. Sess. I, cc. 477 and 478, effective July 1, 2021, are identical, and substituted "military status" for "status as a veteran" in the first sentence.

OPINIONS OF THE ATTORNEY GENERAL

Enabling legislation is required with regard to discrimination due to sexual orientation. - It is necessary for the General Assembly to enact enabling legislation to allow (1) a county to prohibit discrimination due to sexual orientation, or (2) a county human rights commission to investigate cases involving alleged discrimination based on sexual orientation. See opinion of Attorney General to The Honorable Kenneth R. Plum, Member, House of Delegates, 02-029, 2002 Va. AG LEXIS 64 (4/30/02).

§ 15.2-855. Division of county into districts; functions of districts; appointees to planning commission and school board.

Within ninety days after the adoption of the urban county executive form of government, the board, after holding a public hearing thereon, shall divide the county into from five to eleven districts. Each district shall be composed of contiguous and compact territory and shall be so constituted as to give, as nearly as is practicable, representation in proportion to the population in the district.

These districts shall serve as the electoral divisions for elections of members of the urban county board of supervisors, and as sanitary districts under the provisions of Article 5 (§ 15.2-858 ), and shall have such other functions as are specified herein.

Each district shall have at least one of its residents who is a qualified voter of the district appointed to the local planning commission of the county and to the county school board. Each member of the county school board shall be appointed for terms and serve in accordance with all the provisions of § 15.2-837 .

(Code 1950, § 15-384.74; 1960, c. 382; 1962, c. 623, § 15.1-787; 1966, c. 464; 1968, c. 797; 1971, Ex. Sess., c. 201; 1973, c. 545; 1997, c. 587.)

§ 15.2-856. Changes in boundaries of districts.

After the publication of the official results of each United States decennial census, the board shall make such changes in district boundaries as are required to meet the tests of equitable population distribution among the districts with a minimum disruption of the then existing district pattern of service. In 1971 and every ten years thereafter, and also whenever the boundaries of such districts are changed, the board shall reapportion the representation in the governing body among the districts, and may, within the limits established in § 15.2-855 , increase or decrease the number of districts.

Each such reapportionment, other than decennial, shall become effective on January 1 following the year in which it occurs. If such reapportionment, other than decennial, results in the creation of a district or districts in which no member of the governing body resides, such vacancy shall be filled in the manner provided for by § 15.2-802 . Each decennial reapportionment shall become effective as provided in § 24.2-311 .

(Code 1950, § 15-384.75; 1960, c. 382; 1962, c. 623, § 15.1-788; 1971, Ex. Sess., c. 201; 1972, c. 852; 1981, c. 12; 1990, c. 500; 1997, c. 587.)

Cross references. - As to the 1980, 1990, 2000 and 2010 United States Census population figures for counties and cities of the Commonwealth of Virginia, see the Appendix of Volume 3A Part 2.

OPINIONS OF THE ATTORNEY GENERAL

Reporting of inmate population in census figures. - The General Assembly has not authorized local governing bodies to exclude out-of-state prisoners housed in a state adult correctional facility from the locality's population for the purposes of the decennial reapportionment if the total population of inmates housed at the facility does not exceed twelve percent of the locality's population pursuant to subsection C of § 24.2-304.1 . See opinion of Attorney General to J. Vaden Hunt, Esquire, County Attorney, Pittsylvania County, 11-011, 2011 Va. AG LEXIS 15 (3/1/11).

§ 15.2-857. Judicial review; mandamus.

Whenever the board changes the boundaries, or increases or diminishes the number of districts, or reapportions the representation in the board as prescribed hereinabove, such action shall not be subject to judicial review, except as otherwise provided in § 24.2-304.4 . Whenever the board fails to reapportion the representation among the districts of such county, or fails to change the boundaries of districts, mandamus shall lie on behalf of any citizen thereof to compel performance by the board.

(1971, Ex. Sess., c. 201, § 15.1-788.1; 1997, c. 587.)

OPINIONS OF THE ATTORNEY GENERAL

Judicial review of redistricting. - Article VII, § 5 of the Virginia Constitution and § 24.2-304.1 mandate that the County Board of Supervisors take affirmative action to reapportion the magisterial districts for the county in the tenth year since the last reapportionment using the most recent decennial population figures. See opinion of Attorney General to Karen T. Mullins, Esquire, County Attorney, Wise County, 11-075, 2011 Va. AG LEXIS 36 (6/22/11).

§ 15.2-858. Creation, enlargement, contraction, etc., of sanitary districts.

1. Notwithstanding any other provision of law, no court shall entertain any petition filed for the creation, enlargement, contraction, merger, consolidation or dissolution of a district authorized to be created in accordance with the provisions of Chapters 2 (§ 21-112.22 et seq.), 6 (§ 21-292 et seq.), 7 (§ 21-427 et seq.), or 8 (§ 21-428 et seq.) of Title 21, Chapter 161, Acts of the Assembly of 1926, as amended, or any other law providing for the creation of those subdivisions referred to generally as sanitary or small districts hereinafter referred to as "sanitary districts." No petition for the creation, enlargement, contraction, merger, consolidation or dissolution of a sanitary district filed by any person or group of persons shall be of any effect and any court in which the petition is filed shall forthwith strike the petition from its dockets and no further proceedings thereon shall be had.
2. Notwithstanding any other provision of law, each district created under the provisions of § 15.2-855 shall be a sanitary district with all the rights and powers conferred on sanitary districts by general law. However, no incorporated town shall be included within any sanitary district without the consent of the council of such town. Every sanitary district and every small and local sanitary district existing in the county shall be dissolved on the date that the form of government herein becomes effective and each shall at that time be recreated as a small district or small districts within the respective sanitary districts. The county shall assume the liabilities of the sanitary district and shall own all its properties and the existing assets less the liabilities assumed of such sanitary district shall be used by the board as a factor in establishing service charges within the small district or small districts. The services provided by the former sanitary districts shall be continued by the county in the new small districts. Every small and local sanitary district existing in the county on the date that the form of government herein becomes effective shall at that time be continued as small and local sanitary districts, and such small and local districts, and all small and local districts hereafter created pursuant to this article shall be deemed sanitary districts for the purpose of borrowing of funds and issuance of bonds for projects within such small districts as provided for by law for sanitary districts. Nothing in this section shall affect any sanitary district existing at the time of adoption of this form of government in which bonds of the district have been issued and for as long as such bonds are outstanding.
3. Notwithstanding any other provision of law, the board shall have the power and authority with regard to the creation, enlargement, contraction, merger, consolidation or dissolution of small districts and local districts within such county that is granted to the circuit court for the county in connection therewith by Title 21 and by Chapter 161 of the Acts of the Assembly of 1926 as amended.
4. The board may create, enlarge, contract, merge, consolidate and dissolve small and local districts, by resolution, after giving notice of its intention to do so by publishing notice in a newspaper having general circulation in the county in the manner specified by § 15.2-1427 for the adoption of county ordinances and after conducting a public hearing on the proposed resolution. Any such district may be described in the resolution either by a metes and bounds description or by a description that uses commonly known landmarks or geographic maps. (Code 1950, § 15-384.78; 1960, c. 382; 1962, c. 623, § 15.1-791; 1966, c. 464; 1968, c. 797; 1970, c. 218; 1977, c. 231; 1997, c. 587; 2004, c. 561.)

Editor's note. - Acts 1988, c. 383, provides: "All proceedings had in the creation of small districts within sanitary districts pursuant to § 15.1-791 of the Code of Virginia prior to January 1, 1988, are hereby ratified, validated and confirmed, and all such districts so created or attempted to be created are hereby declared to have been validly created, notwithstanding any defects or irregularities in the creation thereof. All bonds heretofore issued by any such district and all bonds heretofore approved by a majority vote of the qualified voters of any such district voting in an election on the question of contracting such debt when issued are hereby declared to be or will be binding, legal, valid and enforceable obligations of such district, notwithstanding any defects of irregularities in the proceedings for the issuance of such bonds or in such elections."

Acts 2004, c. 561, cl. 2 provides: "That all proceedings held in the creation, amendment, or dissolution of any district created pursuant to former § 15.1-791 or this section prior to July 1, 2004, are hereby ratified, validated, and confirmed, and any and all such districts are declared to have been validly created, amended, or dissolved notwithstanding any defects or irregularities in the publication of any notice or the description of any boundaries."

The 2004 amendments. - The 2004 amendment by c. 561 rewrote subsection D.

§ 15.2-900. Abatement or removal of nuisances by localities; recovery of costs.

In addition to the remedy provided by § 48-5 and any other remedy provided by law, any locality may maintain an action to compel a responsible party to abate, raze, or remove a public nuisance. If the public nuisance presents an imminent and immediate threat to life or property, then the locality may abate, raze, or remove such public nuisance, and a locality may bring an action against the responsible party to recover the necessary costs incurred for the provision of public emergency services reasonably required to abate any such public nuisance.

The term "nuisance" includes, but is not limited to, dangerous or unhealthy substances which have escaped, spilled, been released or which have been allowed to accumulate in or on any place and all unsafe, dangerous, or unsanitary public or private buildings, walls, or structures which constitute a menace to the health and safety of the occupants thereof or the public. The term "responsible party" includes, but is not limited to, the owner, occupier, or possessor of the premises where the nuisance is located, the owner or agent of the owner of the material which escaped, spilled, or was released and the owner or agent of the owner who was transporting or otherwise responsible for such material and whose acts or negligence caused such public nuisance.

(1990, c. 674, § 15.1-29.21; 1997, c. 587.)

Cross references. - As to spot blight abatement, see § 36-49.1:1 . As to sale of land for delinquent taxes, see § 58.1-3965 .

As to when delinquent taxes may be deemed paid in full, see § 58.1-3970.2 .

Research References. - Antieau on Local Government Law, 2nd Ed. (Matthew Bender). Antieau.

CIRCUIT COURT OPINIONS

Nuisance removal remedy should be least drastic. - Although the vacant, dilapidated house on the owner's property was a public nuisance, there were less drastic steps than the razing the house that would abate the nuisance, such as removing old lumber from the front porch and clearing the property. Town of Front Royal v. Cogil Corp., 56 Va. Cir. 9, 2001 Va. Cir. LEXIS 438 (Warren County 2001).

OPINIONS OF THE ATTORNEY GENERAL

Nuisance located in town. - A county may bring suit against a public nuisance located anywhere within the territory of the county, including any town located therein. See opinion of Attorney General to Henry A. Thompson, Sr., Sussex County Attorney, 05-036, 2005 Va. AG LEXIS 25 (6/21/05).

§ 15.2-901. Locality may provide for removal or disposal of trash and clutter, cutting of grass, weeds, and running bamboo; penalty in certain counties; penalty.

1. Any locality may, by ordinance, provide that:
   1. The owners of property therein shall, at such time or times as the governing body may prescribe, remove therefrom any and all trash, garbage, refuse, litter, clutter, except on land zoned for or in active farming operation, and other substances that might endanger the health or safety of other residents of such locality, or may, whenever the governing body deems it necessary, after reasonable notice, have such trash, garbage, refuse, litter, clutter, except on land zoned for or in active farming operation, and other like substances that might endanger the health of other residents of the locality removed by its own agents or employees, in which event the cost or expenses thereof shall be chargeable to and paid by the owners of such property and may be collected by the locality as taxes are collected. For purposes of this section, "clutter" includes mechanical equipment, household furniture, containers, and similar items that may be detrimental to the well-being of a community when they are left in public view for an extended period or are allowed to accumulate.
   2. Trash, garbage, refuse, litter, clutter, except on land zoned for or in active farming operation, and other debris shall be disposed of in personally owned or privately owned receptacles that are provided for such use and for the use of the persons disposing of such matter or in authorized facilities provided for such purpose and in no other manner not authorized by law.
   3. The owners of occupied or vacant developed or undeveloped property therein, including such property upon which buildings or other improvements are located, shall cut the grass, weeds, and other foreign growth, including running bamboo as defined in § 15.2-901.1 , on such property or any part thereof at such time or times as the governing body shall prescribe, or may, whenever the governing body deems it necessary, after reasonable notice as determined by the locality, have such grass, weeds, or other foreign growth cut by its agents or employees, in which event the cost and expenses thereof shall be chargeable to and paid by the owner of such property and may be collected by the locality as taxes are collected. For purposes of this provision, one written notice per growing season to the owner of record of the subject property shall be considered reasonable notice. No such ordinance adopted by any county shall have any force and effect within the corporate limits of any town. No such ordinance adopted by any county having a density of population of less than 500 per square mile shall have any force or effect except within the boundaries of platted subdivisions or any other areas zoned for residential, business, commercial, or industrial use. No such ordinance shall be applicable to land zoned for or in active farming operation. However, in any locality located in Planning District 6, no such ordinance shall be applicable to land zoned for agricultural use unless such lot is one acre or less in area and used for a residential purpose. In any locality within Planning District 23, such ordinance may also include provisions for cutting overgrown shrubs, trees, and other such vegetation.
   4. The owners of any land, regardless of zoning classification, used for the interment of human remains shall cut the grass, weeds, and other foreign growth, including running bamboo as defined in § 15.2-901.1 , on such property or any part thereof at such time or times as the governing body shall prescribe, or may, whenever the governing body deems it necessary, after reasonable notice as determined by the locality, have such grass, weeds, or other foreign growth cut by its agents or employees, in which event the cost and expenses thereof shall be chargeable to and paid by the owner of such property and may be collected by the locality as taxes are collected. For purposes of this provision, one written notice per growing season to the owner of record of the subject property shall be considered reasonable notice. No such ordinance shall be applicable to land owned by an individual, family, property owners' association as defined in § 55.1-1800 , or church.
2. Every charge authorized by this section with which the owner of any such property shall have been assessed and which remains unpaid shall constitute a lien against such property ranking on a parity with liens for unpaid local real estate taxes and enforceable in the same manner as provided in Articles 3 (§ 58.1-3940 et seq.) and 4 (§ 58.1-3965 et seq.) of Chapter 39 of Title 58.1. A locality may waive such liens in order to facilitate the sale of the property. Such liens may be waived only as to a purchaser who is unrelated by blood or marriage to the owner and who has no business association with the owner. All such liens shall remain a personal obligation of the owner of the property at the time the liens were imposed.
3. The governing body of any locality may by ordinance provide that violations of this section shall be subject to a civil penalty, not to exceed $50 for the first violation, or violations arising from the same set of operative facts. The civil penalty for subsequent violations not arising from the same set of operative facts within 12 months of the first violation shall not exceed $200. Each business day during which the same violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violations arising from the same set of operative facts result in civil penalties that exceed a total of $3,000 in a 12-month period.
4. Except as provided in this subsection, adoption of an ordinance pursuant to subsection C shall be in lieu of criminal penalties and shall preclude prosecution of such violation as a misdemeanor. The governing body of any locality may, however, by ordinance provide that such violations shall be a Class 3 misdemeanor in the event three civil penalties have previously been imposed on the same defendant for the same or similar violation, not arising from the same set of operative facts, within a 24-month period. Classifying such subsequent violations as criminal offenses shall preclude the imposition of civil penalties for the same violation.

   (Code 1950, § 15-14; 1962, cc. 400, 623, § 15.1-11; 1964, c. 31; 1968, c. 423; 1974, c. 655; 1978, c. 533; 1983, cc. 192, 390; 1990, c. 177; 1992, c. 649; 1994, c. 167; 1997, c. 587; 1999, c. 174; 2000, c. 740; 2001, c. 750; 2003, c. 829; 2006, c. 275; 2009, c. 446; 2010, cc. 161, 403, 641; 2011, cc. 542, 695; 2012, cc. 311, 403, 430, 431; 2013, cc. 189, 490, 508; 2014, cc. 383, 384, 385; 2017, cc. 118, 213, 392, 610; 2020, cc. 13, 136, 399, 597; 2021, Sp. Sess. I, c. 125.)

Cross references. - As to punishment for Class 3 misdemeanors, see § 18.2-11 . As to mailing of summons in certain cases, see § 19.2-76.2.

Editor's note. - Acts 2017, cc. 213 and 392, cl. 3 provides: "That the Department of Agriculture and Consumer Services (VDACS), the Department of Conservation and Recreation, and the Department of Forestry shall enter into a Memorandum of Understanding that clarifies the roles of the VDACS noxious weeds regulations and the work of the Virginia Invasive Species Working Group."

Acts 2017, cc. 213 and 392, cl. 4 provides: "That the Department of Agriculture and Consumer Services and the Department of Conservation and Recreation shall examine the eligibility of the plants listed in § 15.2-902 of the Code of Virginia for designation as noxious weeds and shall so designate any such plant determined to be eligible."

The 1999 amendment added the last three sentences in the final paragraph.

The 2000 amendments. - The 2000 amendment by c. 740 added the second sentence in subdivision 3.

The 2001 amendments. - The 2001 amendment by c. 750 inserted "as determined by the locality" in the first sentence of subdivision 3.

The 2003 amendments. - The 2003 amendment by c. 829 designated the existing provisions of the section as subsections A and B and added subsections C and D.

The 2006 amendments. - The 2006 amendment by c. 275 added "In the City of Williamsburg and" at the beginning of the second sentence in subdivision A 3.

The 2009 amendments. - The 2009 amendment by c. 446 substituted "Cities of Newport News and Williamsburg" for "City of Williamsburg" in the second sentence of subdivision A 3.

The 2010 amendments. - The 2010 amendments by cc. 161 and 641 are identical, and inserted "Colonial Heights" in subdivision A 3.

The 2010 amendment by c. 403 inserted "Winchester" in subdivision A 3 and made a related change.

The 2011 amendments. - The 2011 amendment by c. 542 inserted "County of James City, the" in the second sentence of subdivision A 3.

The 2011 amendment by c. 695 inserted "in James City County" in the second sentence in subdivision A 3. Subdivision A 3 has been set out in the form above at the direction of the Virginia Code Commission.

The 2012 amendments. - The 2012 amendment by c. 311 inserted "and the Town of Ashland" in the second sentence of subdivision A 3.

The 2012 amendment by c. 403 substituted "and Winchester; the Town of Chincoteague; and in a locality" for "and Winchester, and in a locality" in the second sentence of subdivision A 3.

The 2012 amendment by c. 430 inserted "Hopewell" in the list of cities in subdivision A 3.

The 2012 amendment by c. 431 inserted "Prince George" in the second sentence of subdivision A 3 and made related changes.

The 2013 amendments. - The 2013 amendment by c. 189, in the third sentence of subdivision A 3, inserted "and Orange" following "Chincoteague" and made a related change.

The 2013 amendment by c. 490, in subdivision A 3, added the second sentence, and in the third sentence inserted "Dinwiddie" and "Hampton."

The 2013 amendment by c. 508 inserted "Cedar Bluff" in the third sentence in subdivision A 3.

The 2014 amendments. - The 2014 amendment by c. 383 in subdivision A 3 inserted "Goochland" in the third sentence.

The 2014 amendment by c. 384 in subdivision A 3 inserted "Front Royal, Gordonsville" in the third sentence.

The 2014 amendment by c. 385 in subdivision A 3 inserted "occupied or" preceding "vacant" in the first sentence and deleted the third sentence, which read "In the Counties of Dinwiddie, Goochland, James City, and Prince George, the Cities of Colonial Heights, Hampton, Hopewell, Newport News, Williamsburg, and Winchester, and the Towns of Ashland, Cedar Bluff, Chincoteague, Front Royal, Gordonsville, and Orange, and in a locality within Planning District 8, an ordinance adopted pursuant to this subdivision may also apply to owners of occupied property therein," and added the last sentence.

The 2017 amendments. - The 2017 amendments by cc. 118 and 610 are identical, and inserted "real estate" in the first sentence of subsection B.

The 2017 amendments by cc. 213 and 392 are identical, and inserted "including running bamboo as defined in § 15.2-901.1 ," in subdivision A 3.

The 2020 amendments. - The 2020 amendments by cc. 13 and 399 are identical, and added the last sentence in subdivision A 3.

The 2020 amendment by c. 136 added the sixth sentence of subdivision A 3.

The 2020 amendment by c. 597 added subdivision A 4.

The 2021 Sp. Sess. I amendments. - The 2021 amendment by Sp. Sess. I, c. 125, effective July 1, 2021, inserted "clutter, except on land zoned for or in active farming operation" twice in subdivision A 1 and once in subdivision A 2, added the second sentence in subdivision A 1, and made stylistic changes throughout.

Research References. - Bryson on Virginia Civil Procedure (Matthew Bender). Chapter 18 Enforcement of Judgments and decrees. § 18.04 Equity. Bryson.

OPINIONS OF THE ATTORNEY GENERAL

The utility or service charge authorized by § 15.2-2114 is a fee, not a tax, that is enforceable by localities pursuant to subsection D of § 15.2-2114 and further, that Acts 2010, cc. 137 and 370 (Senate Bill 395) do not affect localities' ability to enforce existing stormwater control programs. See opinion of Attorney General to The Honorable Richard P. Bell, Member, House of Delegates, 10-045, 2010 Va. AG LEXIS 35 (7/28/10).

County may require residents to give up private trash collection service and join the service provided by the county provided that the statutory notice, hearing and waiting period requirements are met, or 55 percent of the affected property owners petition the governing body to take over the collection service. See opinion of Attorney General to The Honorable Barbara J. Comstock, Member, House of Delegates, 10-072, 2010 Va. AG LEXIS 47 (8/12/10).

County may, but is not required to, allow residents to opt out of the public trash collection service and maintain a parallel private collection service. See opinion of Attorney General to The Honorable Barbara J. Comstock, Member, House of Delegates, 10-072, 2010 Va. AG LEXIS 47 (8/12/10).

§ 15.2-901.1. Locality may provide for control of running bamboo; civil penalty.

1. For purposes of this section, "running bamboo" means any bamboo that is characterized by aggressive spreading behavior, including species in the genus Phyllostachys.
2. Any locality may, by ordinance, provide that:
   1. No landowner shall allow running bamboo to grow without proper upkeep and appropriate containment measures, including barriers or trenching; and
   2. No landowner shall allow running bamboo to spread from his property to any public right-of-way or adjoining property not owned by the landowner.
3. A violation of a running bamboo ordinance authorized by this section shall be subject to a civil penalty, not to exceed $50 for the first violation or violations arising from the same set of operative facts. The civil penalty for subsequent violations not arising from the same set of operative facts within 12 months of the first violation shall not exceed $200. Each business day during which the same violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violations arising from the same set of operative facts result in civil penalties that exceed a total of $3,000 in a 12-month period.
4. No violation of a running bamboo ordinance arising from the same set of operative facts shall be subject to a civil penalty under both (i) an ordinance adopted pursuant to this section and (ii) an ordinance adopted pursuant to § 15.2-901 . (2017, cc. 213, 392.)

Editor's note. - Acts 2017, cc. 213 and 392, cl. 2 provides: "That the Department of Agriculture and Consumer Services and the Department of Conservation and Recreation shall, by July 1, 2018, together develop a model running bamboo ordinance for use by localities based on § 15.2-901.1 of the Code of Virginia, as created by this act."

Acts 2017, cc. 213 and 392, cl. 3 provides: "That the Department of Agriculture and Consumer Services (VDACS), the Department of Conservation and Recreation, and the Department of Forestry shall enter into a Memorandum of Understanding that clarifies the roles of the VDACS noxious weeds regulations and the work of the Virginia Invasive Species Working Group."

Acts 2017, cc. 213 and 392, cl. 4 provides: "That the Department of Agriculture and Consumer Services and the Department of Conservation and Recreation shall examine the eligibility of the plants listed in § 15.2-902 of the Code of Virginia for designation as noxious weeds and shall so designate any such plant determined to be eligible."

§ 15.2-902. Authority of locality to control certain noxious weeds.

1. Any locality may by ordinance prevent, control and abate the growth, importation, spread and contamination of uninfested lands by the species of grass Sorghum halepense, commonly known as Johnson grass or by the woody shrub rosa multiflora, commonly known as multiflora rose.

   The Virginia Department of Agriculture and Consumer Services is authorized to provide financial and technical assistance to, and enter into agreements with, any locality which adopts an ordinance for the control of Johnson grass or multiflora rose.

2. Any locality may by ordinance control the growth of musk thistle, the weed designated as Carduus nutans L., a biennial weed of the Compositae family, or curled thistle, the weed designated as Carduus acanthoides L., an annual and biennial weed of the Compositae family. Any such musk thistle or curled thistle growing in the locality may be declared a public nuisance and noxious weed, harmful to plant and grass growth and to pastures, and may be destroyed.

   (1984, c. 216, § 15.1-28.4; 1997, c. 587; 2008, c. 860.)

Editor's note. - Acts 2017, cc. 213 and 392, cl. 4 provides: "That the Department of Agriculture and Consumer Services and the Department of Conservation and Recreation shall examine the eligibility of the plants listed in § 15.2-902 of the Code of Virginia for designation as noxious weeds and shall so designate any such plant determined to be eligible."

The 2008 amendments. - The 2008 amendment by c. 860, effective October 1, 2008, redesignated former subsection B as the second paragraph of subsection A; and added subsection B.

§ 15.2-903. Ordinances taxing and regulating "automobile graveyards," "junkyards," and certain vacant and abandoned property.

1. Any locality may adopt ordinances imposing license taxes upon and otherwise regulating the maintenance and operation of places commonly known as automobile graveyards and junkyards and may prescribe fines and other punishment for violations of such ordinances.

   No such ordinance shall be adopted until after notice of the proposed ordinance has been published once a week for two successive weeks in a newspaper having general circulation in the locality. The ordinance need not be advertised in full, but may be advertised by reference. Every such advertisement shall contain a descriptive summary of the proposed ordinance and a reference to the place or places within the locality where copies of the proposed ordinance may be examined.

   As used in this section the terms "automobile graveyard" and "junkyard" have the meanings ascribed to them in § 33.2-804.

2. The Counties of Bedford, Campbell, Caroline, Fauquier, Rockbridge, Shenandoah, Tazewell, Warren and York may adopt an ordinance imposing the screening of automobile graveyards and junkyards, unless screening is impractical due to topography, as set forth in § 33.2-804. Any such ordinance may apply to any automobile graveyard or junkyard within the boundaries of such county regardless of the date on which any such automobile graveyard or junkyard may have come into existence, notwithstanding the provisions of § 33.2-804.
3. The City of Newport News may adopt an ordinance imposing screening or landscape screening for retail or commercial properties that have been vacant or abandoned for more than three years within designated areas consistent with the city's comprehensive plan.

   (Code 1950, § 15-18; 1956, c. 672; 1958, c. 552; 1962, c. 623, § 15.1-28; 1968, c. 409; 1993, c. 714; 1995, c. 207; 1997, c. 587; 1998, c. 180; 2001, c. 10; 2004, c. 493; 2005, c. 702; 2006, cc. 669, 722.)

Editor's note. - References in this section were updated at the direction of the Virginia Code Commission to conform to the recodification of Title 33.2 by Acts 2014, c. 805, effective October 1, 2014.

The 1998 amendments. - The 1998 amendment by c. 180, in the last paragraph of subsection A, substituted "meanings" for "meaning"; and in subsection B, in the first sentence, inserted "between 31,500 and 31,700, any county with a population."

The 2001 amendments. - The 2001 amendment by c. 10, in subsection B, inserted "any county with a population of at least 48,000 but less than 50,000 according to the 1990 United States Census," substituted "20,000 according to the 1990 United States Census" for "19,000," and inserted "unless screening is impractical due to topography."

The 2004 amendments. - The 2004 amendment by c. 493 substituted "The Counties of Bedford, Caroline, Fauquier, Rockbridge, Shenandoah, Tazewell, Warren and York" for "Any county with a population between 31,500 and 31,700, any county with a population of at least 43,000 but less than 45,700, any county with a population of at least 48,000 but less than 50,000 according to the 1990 United States Census and any county with a population of at least 18,000 but less than 20,000 according to the 1990 United States Census" in the first sentence of subsection B.

The 2005 amendments. - The 2005 amendment by c. 702 inserted "Campbell" in the first sentence of subsection B.

The 2006 amendments. - The 2006 amendments by cc. 669 and 722 are identical, and added subsection C.

§ 15.2-904. Authority to restrict keeping of inoperable motor vehicles, etc., on residential or commercial property; removal of such vehicles; penalty.

1. Any locality may, by ordinance, provide that it shall be unlawful for any person to keep, except within a fully enclosed building or structure or otherwise shielded or screened from view, on any property zoned for residential or commercial or agricultural purposes any motor vehicle, trailer or semitrailer, as such are defined in § 46.2-100 , which is inoperable. Any locality in addition may, by ordinance, limit the number of inoperable motor vehicles which any person may keep outside of a fully enclosed building or structure, but which are shielded or screened from view by covers. As used in this section, an "inoperable motor vehicle" may, at the election of the locality, mean any one or more of the following: (i) any motor vehicle which is not in operating condition; (ii) any motor vehicle which for a period of 60 days or longer has been partially or totally disassembled by the removal of tires and wheels, the engine, or other essential parts required for operation of the vehicle; or (iii) any motor vehicle on which there are displayed neither valid license plates nor a valid inspection decal. However, the provisions of this section shall not apply to a licensed business which on June 26, 1970, is regularly engaged in business as an automobile dealer, salvage dealer or scrap processor.
2. Any locality may, by ordinance, further provide that: (i) the owners of property zoned for residential, commercial or agricultural purposes shall, at such time or times as the locality prescribes, remove therefrom any such inoperable motor vehicles, trailers or semitrailers that are not kept within a fully enclosed building or structure; (ii) such locality through its own agents or employees may remove any such inoperable motor vehicles, trailers or semitrailers, whenever the owner of the premises, after reasonable notice, has failed to do so; (iii) in the event such locality, through its own agents or employees, removes any such motor vehicles, trailers or semitrailers, after having given such reasonable notice, such locality may dispose of such motor vehicles, trailers or semitrailers after giving additional notice to the owner of the vehicle; (iv) the cost of any such removal and disposal shall be chargeable to the owner of the vehicle or premises and may be collected by the locality as taxes are collected; and (v) every cost authorized by this section with which the owner of the premises has been assessed shall constitute a lien against the property from which the vehicle was removed, the lien to continue until actual payment of such costs has been made to the locality. Notwithstanding the other provisions of this subsection, if the owner of such vehicle can demonstrate that he is actively restoring or repairing the vehicle, and if it is shielded or screened from view, the vehicle and one additional inoperative motor vehicle that is shielded or screened from view and being used for the restoration or repair may remain on the property.
3. The governing body of any locality may by ordinance provide that violations of this section shall be subject to a civil penalty, which may be imposed in accordance with the provisions of § 15.2-2209 .
4. Except as provided in this subsection, adoption of an ordinance pursuant to subsection C shall be in lieu of criminal penalties and shall preclude prosecution of such violation as a misdemeanor. The governing body of any locality may, however, by ordinance provide that such violations shall be a Class 3 misdemeanor in the event three civil penalties have previously been imposed on the same defendant for the same or similar violation, not arising from the same set of operative facts, within a 24-month period. Classifying such subsequent violations as criminal offenses shall preclude the imposition of civil penalties for the same violation.
5. As used in this section, notwithstanding any other provision of law, general or special, "shielded or screened from view" means not visible by someone standing at ground level from outside of the property on which the subject vehicle is located.

   (1966, c. 390, § 15.1-11.1; 1970, c. 196; 1972, c. 572; 1973, c. 395; 1982, c. 368; 1985, c. 289; 1986, c. 245; 1989, c. 404; 1997, c. 587; 2003, c. 829; 2004, cc. 513, 934; 2005, cc. 465, 775.)

Cross references. - As to punishment for Class 3 misdemeanors, see § 18.2-11 .

The 2003 amendments. - The 2003 amendment by c. 829 designated the existing provisions of the section as subsections A and B and added subsections C and D; and in the third sentence of subsection A, substituted "60" for "sixty."

The 2004 amendments. - The 2004 amendment by c. 513, in subsection A, substituted "'inoperable motor vehicle' may, at the election of the locality, mean any one or more of the following" for "'inoperable motor vehicle' means" and added the clause designations and made related changes in the third sentence.

The 2004 amendment by c. 934 added the last sentence in subsection B and added subsection E.

The 2005 amendments. - The 2005 amendment by c. 465 rewrote subsection C.

The 2005 amendment by c. 775 inserted "that is shielded or screened from view and" near the end of the last sentence in subsection B.

§ 15.2-905. Authority to restrict keeping of inoperable motor vehicles, etc., on residential or commercial property; removal of such vehicles.

1. The governing bodies of the Counties of Albemarle, Arlington, Fairfax, Henrico, Loudoun, Prince George, and Prince William; any town located, wholly or partly, in such counties; and the Cities of Alexandria, Fairfax, Falls Church, Hampton, Hopewell, Lynchburg, Manassas, Manassas Park, Newport News, Petersburg, Portsmouth, Roanoke, and Suffolk may by ordinance prohibit any person from keeping, except within a fully enclosed building or structure or otherwise shielded or screened from view, on any property zoned or used for residential purposes, or on any property zoned for commercial or agricultural purposes, any motor vehicle, trailer or semitrailer, as such are defined in § 46.2-100 , which is inoperable. The locality in addition may by ordinance limit the number of inoperable motor vehicles that any person may keep outside of a fully enclosed building or structure. As used in this section, notwithstanding any other provision of law, general or special, "shielded or screened from view" means not visible by someone standing at ground level from outside of the property on which the subject vehicle is located. As used in this section, an "inoperable motor vehicle" means any motor vehicle, trailer or semitrailer which is not in operating condition; or does not display valid license plates; or does not display an inspection decal that is valid or does display an inspection decal that has been expired for more than 60 days. The provisions of this section shall not apply to a licensed business that is regularly engaged in business as an automobile dealer, salvage dealer or scrap processor.
2. The locality may, by ordinance, further provide that the owners of property zoned or used for residential purposes, or zoned for commercial or agricultural purposes, shall, at such time or times as the governing body may prescribe, remove therefrom any inoperable motor vehicle that is not kept within a fully enclosed building or structure. The locality may remove the inoperable motor vehicle, whenever the owner of the premises, after reasonable notice, has failed to do so. Notwithstanding the other provisions of this subsection, if the owner of such vehicle can demonstrate that he is actively restoring or repairing the vehicle, and if it is shielded or screened from view, the vehicle and one additional inoperative motor vehicle that is shielded or screened from view and being used for the restoration or repair may remain on the property.

   In the event the locality removes the inoperable motor vehicle, after having given such reasonable notice, it may dispose of the vehicle after giving additional notice to the owner of the premises. The cost of the removal and disposal may be charged to either the owner of the inoperable vehicle or the owner of the premises and the cost may be collected by the locality as taxes are collected. Every cost authorized by this section with which the owner of the premises has been assessed shall constitute a lien against the property from which the inoperable vehicle was removed, the lien to continue until actual payment of the cost has been made to the locality.

   (1991, c. 673, § 15.1-11.03; 1992, c. 490; 1995, c. 58; 1997, cc. 587, 741; 1999, c. 901; 2004, cc. 508, 934; 2005, c. 775; 2013, c. 364; 2014, cc. 606, 731.)

Editor's note. - Pursuant to Acts 1997, c. 587, cl. 6, effect has been given in this section, as set out above, to Acts 1997, c. 741, which amended § 15.1-11.03, the comparable former version of the section. In accordance with c. 741, the amendment inserted "any city having a population between 35,000 and 40,000" following "surrounded by a county contiguous thereto" in subsection A.

The 1999 amendment, in subsection A, substituted "95,000" for "100,000," and substituted "or used for residential purposes, or on any property zoned for" for "for residential," and substituted "or used for residential purposes, or zoned for" for "for residential" in subsection B, in the first sentence.

The 2004 amendments. - The 2004 amendment by c. 508 substituted "The governing bodies of the Counties of Arlington, Fairfax, Henrico, Loudoun and Prince William; any town located, wholly or partly, in such counties; and the Cities of Alexandria, Fairfax, Falls Church, Hampton, Lynchburg, Manassas, Manassas Park, Newport News, Petersburg, Portsmouth, Roanoke and Suffolk" for "The governing body of any county having adopted the urban county executive form of government; any county contiguous thereto; the county manager form; any town located, wholly or partly, in such counties; any city contiguous to a county having adopted the urban county executive form of government or surrounded by a county contiguous thereto; any city having a population between 35,000 and 40,000, any city having a population between 60,000 and 70,000 and any city having a population between 95,000 and 105,000" in subsection A.

The 2004 amendment by c. 934, in subsection A, rewrote the next-to-last paragraph, which formerly read: "As used in this section, 'shielded or screened from view' means hidden from sight by plantings or fences"; added the last sentence in the first paragraph of subsection B; and made a minor stylistic change.

The 2005 amendments. - The 2005 amendment by c. 775 inserted "that is shielded or screened from view and" in the last sentence of the first paragraph in subsection B.

The 2013 amendments. - The 2013 amendment by c. 364, in subsection A, inserted "Albemarle" in the first paragraph, and substituted "that" for "which" in the second paragraph and in the last sentence of the fourth paragraph.

The 2014 amendments. - The 2014 amendments by cc. 606 and 731 are identical, and in subsection A, inserted "Prince George" and "Hopewell" in the first sentence and made minor stylistic changes.

Research References. - Bryson on Virginia Civil Procedure (Matthew Bender). Chapter 18 Enforcement of Judgments and decrees. § 18.04. Equity. Bryson.

OPINIONS OF THE ATTORNEY GENERAL

Notice requirement. - Under an ordinance authorized by this section, a citizen must receive notice before the county may take action to remove inoperable motor vehicles, trailers or semitrailers from the property of the citizen. See opinion of Attorney General to The Honorable Jeffrey M. Frederick Member, House of Delegates, 05-046, 2005 Va. AG LEXIS 36 (9/6/05).

County's inoperable vehicle ban permissible. - For specified zoning classifications, subsection A of § 15.2-905 authorizes a county to ban the keeping of inoperable vehicles unless the inoperable vehicle is "within a fully enclosed building or structure or otherwise shielded or screened from view." See opinion of Attorney General to the Honorable R. Steven Landes, Member, House of Delegates, 13-089, 2013 Va. AG LEXIS 78 (9/17/13).

§ 15.2-906. Authority to require removal, repair, etc., of buildings and other structures.

Any locality may, by ordinance, provide that:

1. The owners of property therein, shall at such time or times as the governing body may prescribe, remove, repair or secure any building, wall or any other structure that might endanger the public health or safety of other residents of such locality;
2. The locality through its own agents or employees may remove, repair or secure any building, wall or any other structure that might endanger the public health or safety of other residents of such locality, if the owner and lienholder of such property, after reasonable notice and a reasonable time to do so, has failed to remove, repair, or secure the building, wall or other structure. For purposes of this section, repair may include maintenance work to the exterior of a building to prevent deterioration of the building or adjacent buildings. For purposes of this section, reasonable notice includes a written notice (i) mailed by certified or registered mail, return receipt requested, sent to the last known address of the property owner and (ii) published once a week for two successive weeks in a newspaper having general circulation in the locality. No action shall be taken by the locality to remove, repair, or secure any building, wall, or other structure for at least 30 days following the later of the return of the receipt or newspaper publication, except that the locality may take action to prevent unauthorized access to the building within seven days of such notice if the structure is deemed to pose a significant threat to public safety and such fact is stated in the notice;
3. In the event that the locality, through its own agents or employees, removes, repairs, or secures any building, wall, or any other structure after complying with the notice provisions of this section or as otherwise permitted under the Virginia Uniform Statewide Building Code in the event of an emergency, the cost or expenses thereof shall be chargeable to and paid by the owners of such property and may be collected by the locality as taxes are collected;
4. Every charge authorized by this section or § 15.2-900 with which the owner of any such property has been assessed and that remains unpaid shall constitute a lien against such property ranking on a parity with liens for unpaid local real estate taxes and enforceable in the same manner as provided in Articles 3 (§ 58.1-3940 et seq.) and 4 (§ 58.1-3965 et seq.) of Chapter 39 of Title 58.1. A locality may waive such liens in order to facilitate the sale of the property. Such liens may be waived only as to a purchaser who is unrelated by blood or marriage to the owner and who has no business association with the owner. All such liens shall remain a personal obligation of the owner of the property at the time the liens were imposed;
5. Notwithstanding the foregoing, with the written consent of the property owner, a locality may, through its agents or employees, demolish or remove a derelict nonresidential building or structure provided that such building or structure is neither located within or determined to be a contributing property within a state or local historic district nor individually designated in the Virginia Landmarks Register. The property owner's written consent shall identify whether the property is subject to a first lien evidenced by a recorded deed of trust or mortgage and, if so, shall document the property owner's best reasonable efforts to obtain the consent of the first lienholder or the first lienholder's authorized agent. The costs of such demolition or removal shall constitute a lien against such property. In the event the consent of the first lienholder or the first lienholder's authorized agent is obtained, such lien shall rank on a parity with liens for unpaid local taxes and be enforceable in the same manner as provided in subdivision 4. In the event the consent of the first lienholder or the first lienholder's authorized agent is not obtained, such lien shall be subordinate to that first lien but shall otherwise be subject to subdivision 4; and
6. A locality may prescribe civil penalties, not to exceed a total of $1,000, for violations of any ordinance adopted pursuant to this section.

   (1968, c. 423, § 15.1-11.2; 1992, c. 372; 1994, c. 505; 1995, c. 651; 1996, c. 235; 1997, c. 587; 1999, c. 174; 2003, c. 207; 2004, c. 968; 2006, c. 460; 2013, cc. 734, 770; 2017, cc. 118, 400, 610.)

Cross references. - As to removal of dangerous roadside vegetation, see § 15.2-2009.1 .

The 1999 amendment added the last three sentences in subdivision 4.

The 2003 amendments. - The 2003 amendment by c. 207 substituted "30" for "thirty" in subdivision 2; and added subdivision 5.

The 2004 amendments. - The 2004 amendment by c. 968 inserted "or § 15.2-900 " in subdivision 4.

The 2006 amendments. - The 2006 amendment by c. 460 inserted "except that the locality may take action to prevent unauthorized access to the building within seven days of such notice if the structure is deemed to pose a significant threat to public safety and such fact is stated in the notice" at the end of subdivision 2 and added "and" at the end of subdivision 4.

The 2013 amendments. - The 2013 amendments by cc. 734 and 770 are identical, and added subdivision 5 and redesignated former subdivision 5 as 6, and made a related change.

The 2017 amendments. - The 2017 amendments by cc. 118 and 610 are identical, and inserted "real estate" in the first sentence of subdivision 4.

The 2017 amendment by c. 400, in subdivision 3, inserted "that" following "In the event" and "or as otherwise permitted under the Virginia Uniform Statewide Building Code in the event of an emergency."

Law review. - For survey article on judicial decisions in real estate law from June 1, 2002 through June 1, 2003, see 38 U. Rich. L. Rev. 223 (2003).

Research References. - Bryson on Virginia Civil Procedure (Matthew Bender). Chapter 18 Enforcement of Judgments and decrees. § 18.04 Equity. Bryson.

§ 15.2-906.1.

Expired.

Editor's note. - This section, pertaining to authority to require a permit for aboveground liquid fertilizer storage tanks; penalty, was enacted by Acts 2010, c. 577, and expired by its own terms on December 31, 2011.

§ 15.2-907. Authority to require removal, repair, etc., of buildings and other structures harboring illegal drug use or other criminal activity.

1. As used in this section: "Affidavit" means the affidavit sworn to under oath prepared by a locality in accordance with subdivision B 1 a. "Commercial sex acts" means any specific activities that would constitute a criminal act under Article 3 (§ 18.2-346 et seq.) of Chapter 8 of Title 18.2 or a substantially similar local ordinance if a criminal charge were to be filed against the individual perpetrator of such criminal activity. "Controlled substance" means illegally obtained controlled substances or marijuana, as defined in § 54.1-3401 . "Corrective action" means (i) taking specific actions with respect to the buildings or structures on property that are reasonably expected to abate criminal blight on such real property, including the removal, repair, or securing of any building, wall, or other structure, or (ii) changing specific policies, practices, and procedures of the real property owner that are reasonably expected to abate criminal blight on real property. A local law-enforcement official shall prepare an affidavit on behalf of the locality that states specific actions to be taken on the part of the property owner that the locality determines are necessary to abate the identified criminal blight on such real property and that do not impose an undue financial burden on the owner. "Criminal blight" means a condition existing on real property that endangers the public health or safety of residents of a locality and is caused by (i) the regular presence on the property of persons in possession or under the influence of controlled substances; (ii) the regular use of the property for the purpose of illegally possessing, manufacturing, or distributing controlled substances; (iii) the regular use of the property for the purpose of engaging in commercial sex acts; or (iv) the discharge of a firearm that would constitute a criminal act under Article 4 ( § 18.2-279 et seq.) of Chapter 7 of Title 18.2 or a substantially similar local ordinance if a criminal charge were to be filed against the individual perpetrator of such criminal activity. "Law-enforcement official" means an official designated to enforce criminal laws within a locality, or an agent of such law-enforcement official. The law-enforcement official shall coordinate with the building or fire code official of the locality as otherwise provided under applicable laws and regulations. "Owner" means the record owner of real property. "Property" means real property.
2. Any locality may, by ordinance, provide that:
   1. The locality may require the owner of real property to undertake corrective action, or the locality may undertake corrective action, with respect to such property in accordance with the procedures described herein:
      1. The locality shall execute an affidavit, citing this section, to the effect that (i) criminal blight exists on the property and in the manner described therein; (ii) the locality has used diligence without effect to abate the criminal blight; and (iii) the criminal blight constitutes a present threat to the public's health, safety, or welfare.
      2. The locality shall then send a notice to the owner of the property, to be sent by (i) certified mail, return receipt requested; (ii) hand delivery; or (iii) overnight delivery by a commercial service or the United States Postal Service, to the last address listed for the owner on the locality's assessment records for the property, together with a copy of such affidavit, advising that (a) the owner has up to 30 days from the date thereof to undertake corrective action to abate the criminal blight described in such affidavit and (b) the locality will, if requested to do so, assist the owner in determining and coordinating the appropriate corrective action to abate the criminal blight described in such affidavit. If the owner notifies the locality in writing within the 30-day period that additional time to complete the corrective action is needed, the locality shall allow such owner an extension for an additional 30-day period to take such corrective action.
      3. If no corrective action is undertaken during such 30-day period, or during the extension if such extension is granted by the locality, the locality shall send by certified mail, return receipt requested, an additional notice to the owner of the property, at the address stated in subdivision b, stating (i) the date on which the locality may commence corrective action to abate the criminal blight on the property or (ii) the date on which the locality may commence legal action in a court of competent jurisdiction to obtain a court order to require that the owner take such corrective action or, if the owner does not take corrective action, a court order to revoke the certificate of occupancy for such property, which date shall be no earlier than 15 days after the date of mailing of the notice. Such additional notice shall also reasonably describe the corrective action contemplated to be taken by the locality. Upon receipt of such notice, the owner shall have a right, upon reasonable notice to the locality, to seek judicial relief, and the locality shall initiate no corrective action while a proper petition for relief is pending before a court of competent jurisdiction.
   2. If the locality undertakes corrective action with respect to the property after complying with the provisions of subdivision 1, the costs and expenses thereof shall be chargeable to and paid by the owner of such property and may be collected by the locality as taxes are collected.
   3. Every charge authorized by this section with which the owner of any such property has been assessed and that remains unpaid shall constitute a lien against such property with the same priority as liens for unpaid local real estate taxes and enforceable in the same manner as provided in Articles 3 (§ 58.1-3940 et seq.) and 4 (§ 58.1-3965 et seq.) of Chapter 39 of Title 58.1.
   4. A criminal blight proceeding pursuant to this section shall be a civil proceeding in a court of competent jurisdiction in the Commonwealth.
3. If the owner of real property takes timely corrective action pursuant to the provisions of a local ordinance, the locality shall deem the criminal blight abated, shall close the proceeding without any charge or cost to the owner, and shall promptly provide written notice to the owner that the proceeding has been terminated satisfactorily. The closing of a proceeding shall not bar the locality from initiating a subsequent proceeding if the criminal blight recurs.
4. Nothing in this section shall be construed to abridge, diminish, limit, or waive any rights or remedies of an owner of property at law or any permits or nonconforming rights the owner may have under Chapter 22 (§ 15.2-2200 et seq.) or under a local ordinance. If an owner in good faith takes corrective action, and despite having taken such action, the specific criminal blight identified in the affidavit of the locality persists, such owner shall be deemed in compliance with this section. Further, if a tenant in a rental dwelling unit, or a tenant on a manufactured home lot, is the cause of criminal blight on such property and the owner in good faith initiates legal action and pursues the same by requesting a final order by a court of competent jurisdiction, as otherwise authorized by this Code, against such tenant to remedy such noncompliance or to terminate the tenancy, such owner shall be deemed in compliance with this section. (1994, c. 701, § 15.1-11.2:1; 1997, c. 587; 2011, cc. 384, 410; 2014, cc. 674, 719; 2017, cc. 118, 610; 2018, cc. 335, 805; 2020, c. 122; 2021, Sp. Sess. I, c. 186.)

The 2011 amendments. - The 2011 amendments by cc. 384 and 410 are identical, effective March 23, 2011, and in subsection A, inserted "or synthetic cannabinoids as defined in § 18.2-248.1:1 " at the end of the definition of "controlled substance"; and made minor stylistic changes.

The 2014 amendments. - The 2014 amendments by cc. 674 and 719 are identical, and deleted "or synthetic cannabinoids as defined in § 18.2-248.1:1 " at the end of the definition of "Controlled substance" in subsection A.

The 2017 amendments. - The 2017 amendments by cc. 118 and 610 are identical, and inserted "real estate" in subdivision B 3.

The 2018 amendments. - The 2018 amendments by cc. 335 and 805 are identical, and rewrote the section.

The 2020 amendments. - The 2020 amendment by c. 122 substituted " § 18.2-346 " for " § 18.2-344 " in subsection A in the definition of "Commercial sex acts."

The 2021 Sp. Sess. I amendments. - The 2021 amendment by Sp. Sess. I, c. 186, effective July 1, 2021, in the definition of "Criminal blight" in subsection A, inserted "in possession or" in clause (i), and in clause (iv), substituted "the discharge of a firearm" for "repeated acts of the malicious discharge of a firearm within any building or dwelling" and inserted "Article 4 ( § 18.2-279 et seq.) of Chapter 7 of Title 18.2."

§ 15.2-907.1. Authority to require removal, repair, etc., of buildings that are declared to be derelict; civil penalty.

Any locality that has a real estate tax abatement program in accordance with this section may, by ordinance, provide that:

1. The owners of property therein shall at such time or times as the governing body may prescribe submit a plan to demolish or renovate any building that has been declared a "derelict building." For purposes of this section, "derelict building" shall mean a residential or nonresidential building or structure, whether or not construction has been completed, that might endanger the public's health, safety, or welfare and for a continuous period in excess of six months, it has been (i) vacant, (ii) boarded up in accordance with the building code, and (iii) not lawfully connected to electric service from a utility service provider or not lawfully connected to any required water or sewer service from a utility service provider.
2. If a building qualifies as a derelict building pursuant to the ordinance, the locality shall notify the owner of the derelict building that the owner is required to submit to the locality a plan, within 90 days, to demolish or renovate the building to address the items that endanger the public's health, safety, or welfare as listed in a written notification provided by the locality. Such plan may be on a form developed by the locality and shall include a proposed time within which the plan will be commenced and completed. The plan may include one or more adjacent properties of the owner, whether or not all of such properties may have been declared derelict buildings. The plan shall be subject to approval by the locality. The locality shall deliver the written notice to the address listed on the real estate tax assessment records of the locality. Written notice sent by first-class mail, with the locality obtaining a U.S. Postal Service Certificate of Mailing shall constitute delivery pursuant to this section.
3. If a locality delivers written notice and the owner of the derelict building has not submitted a plan to the locality within 90 days as provided in subdivision 2, the locality may exercise such remedies as provided in this section or as otherwise provided by law; for residential property, such remedy may include imposition of a civil penalty not exceeding $500 per month until such time as the owner has submitted a plan in accordance with this section; however, the total civil penalty imposed shall not exceed the cost to demolish the derelict building. Any such civil penalty shall be paid into the treasury of the locality.
4. The owner of a building may apply to the locality and request that such building be declared a derelict building for purposes of this section.
5. The locality, upon receipt of the plan to demolish or renovate the building, at the owner's request, shall meet with the owner submitting the plan and provide information to the owner on the land use and permitting requirements for demolition or renovation.
6. If the property owner's plan is to demolish the derelict building, the building permit application of such owner shall be expedited. If the owner has completed the demolition within 90 days of the date of the building permit issuance, the locality shall refund any building and demolition permit fees. This section shall not supersede any ordinance adopted pursuant to § 15.2-2306 relative to historic districts.
7. If the property owner's plan is to renovate the derelict building, and no rezoning is required for the owner's intended use of the property, the site plan or subdivision application and the building permit, as applicable, shall be expedited. The site plan or subdivision fees may be refunded, all or in part, but in no event shall the site plan or subdivision fees exceed the lesser of 50 percent of the standard fees established by the ordinance for site plan or subdivision applications for the proposed use of the property, or $5,000 per property. The building permit fees may be refunded, all or in part, but in no event shall the building permit fees exceed the lesser of 50 percent of the standard fees established by the ordinance for building permit applications for the proposed use of the property, or $5,000 per property.
8. Prior to commencement of a plan to demolish or renovate the derelict building, at the request of the property owner, the real estate assessor shall make an assessment of the property in its current derelict condition. On the building permit application, the owner shall declare the costs of demolition, or the costs of materials and labor to complete the renovation. At the request of the property owner, after demolition or renovation of the derelict building, the real estate assessor shall reflect the fair market value of the demolition costs or the fair market value of the renovation improvements, and reflect such value in the real estate tax assessment records. The real estate tax on an amount equal to the costs of demolition or an amount equal to the increase in the fair market value of the renovations shall be abated for a period of not less than 15 years, and is transferable with the property. The abatement of taxes for demolition shall not apply if the structure demolished is a registered Virginia landmark or is determined by the Department of Historic Resources to contribute to the significance of a registered historic district. However, if the locality has an existing tax abatement program for less than 15 years, as of July 1, 2009, the locality may provide for a tax abatement period of not less than five years.
9. Notwithstanding the provisions of this section, the locality may proceed to make repairs and secure the building under § 15.2-906 , or the locality may proceed to abate or remove a nuisance under § 15.2-900 . In addition, the locality may exercise such remedies as may exist under the Uniform Statewide Building Code and may exercise such other remedies available under general and special law. (2009, cc. 181, 551; 2020, c. 9.)

Cross references. - As to sale of land for delinquent taxes, see § 58.1-3965 .

As to when delinquent taxes may be deemed paid in full, see § 58.1-3970.2 .

Editor's note. - Acts 2009, cc. 181 and 551, cl. 2 provides: "That nothing in this act shall be construed to supersede the provisions of § 1-219.1 ."

The 2020 amendments. - The 2020 amendment by c. 9, added "civil penalty" at the end of the section catchline, and in subdivision 3, added "for residential property, such remedy may include imposition of a civil penalty not exceeding $500 per month until such time as the owner has submitted a plan in accordance with this section; however, the total civil penalty imposed shall not exceed the cost to demolish the derelict building. Any such civil penalty shall be paid into the treasury of the locality" at the end.

§ 15.2-907.2. Authority of locality or land bank entity to be appointed to act as a receiver to repair derelict and blighted buildings in certain limited circumstances.

1. Any locality that has adopted an ordinance pursuant to § 15.2-907.1 may petition the circuit court for the appointment of the locality or a land bank entity created pursuant to the Land Bank Entities Act (§ 15.2-7500 et seq.) to act as a receiver to repair real property that contains residential dwelling units only in accordance with all of the following:
   1. The locality has properly declared the subject property to be a derelict building in compliance with the provisions of § 15.2-907.1 ;
   2. The property owners are in noncompliance with the provisions of § 15.2-907.1 ;
   3. The locality has properly declared the subject property to be blighted in compliance with the provisions of § 36-49.1:1 for spot blight abatement, and the subject property is itself blighted;
   4. The property owners are in noncompliance with the provisions of § 36-49.1:1 requiring abatement of the blighted condition of the property;
   5. The locality has made bona fide efforts to ensure compliance by the property owners of the subject property with the requirements of §§ 15.2-907.1 and 36-49.1:1;
   6. The repairs to the subject property are necessary to bring the subject property into compliance with the provisions of the Uniform Statewide Building Code;
   7. The repairs to the subject property necessary to satisfy the requirements of subdivision 6 shall not result in a change of use for zoning purposes of the subject property;
   8. Upon appointment by the circuit court to serve as a receiver, the locality or land bank entity shall have the authority to contract for all reasonable repairs necessary to bring the property into compliance with the provisions of the Uniform Statewide Building Code, subject to all applicable requirements of state and local procurement laws. Such repairs shall be made in a time period established by the court, but in no event shall a receivership exceed two years;
   9. Notwithstanding any other provision of law, the provisions of this section are subject to the requirements of the Servicemembers Civil Relief Act (50 U.S.C. § 3901 et seq.); and
   10. Notwithstanding any other provisions of law, the subject property shall be eligible for any real estate abatement programs that exist in the locality.
2. A petition by the locality to be appointed, or to appoint a land bank entity created pursuant to the Land Bank Entities Act (§ 15.2-7500 et seq.), to act as a receiver shall include affirmative statements that the locality has satisfied each of the requirements of this section and further state that the locality has recorded a memorandum of lis pendens simultaneously with the filing of said petition. The costs of the receivership, along with reasonable attorney fees, incurred by the locality or land bank entity as receiver shall constitute a lien in favor of the locality or land bank entity against the subject property in accordance with the provisions of § 58.1-3340 , and shall be on par with and collectible in the same manner as delinquent real estate taxes owed to the locality. The judicial proceedings herein shall be held in accordance with the requirements, statutory or arising at common law, relative to effecting the sale of real estate by a creditor's bill in equity to subject real estate to the lien of a judgment creditor.
3. The locality or land bank entity created pursuant to the Land Bank Entities Act (§ 15.2-7500 et seq.) appointed to be a receiver may enforce the receiver's lien by a sale of the property at public auction, but only upon application for and entry of an order of sale by the circuit court. The court shall appoint a special commissioner to conduct the sale, and an attorney employed by the locality may serve as special commissioner. Such sale shall be upon order of the court entered after notice as required by the Rules of the Supreme Court of Virginia and following publication of notice of the sale once a week for four consecutive weeks in a newspaper of general circulation. Following such public auction, the special commissioner shall file an accounting with the court and seek confirmation of the sale. Upon confirmation, the special commissioner shall be authorized to execute a deed conveying title, which shall pass free and clear to the purchaser at public auction. Following such sale, the former owner or owners, or any heirs, assignees, devisees, or successors in interest to the property shall be entitled to the surplus received in excess of the receiver's lien, taxes, penalties, interest, reasonable attorney fees, costs, and any recorded liens chargeable against the property. At any time prior to confirmation of the sale provided for herein, the owner shall have the right to redeem the property, as provided for in subsection D. The character of the title acquired by the purchaser of the property at public auction shall be governed by the principles and rules applicable to the titles of purchases at judicial sales of real estate generally.
4. The owner of any property subject to receivership may redeem the property at any time prior to the expiration of the two-year period or prior to confirmation of sale at public auction by paying the receiver's lien in full and the taxes, penalties, interest, reasonable attorney fees, costs, and any recorded liens chargeable against the property. Partial payment shall not be sufficient to redeem the property and shall not operate to suspend the receivership.
5. In lieu of appointment of a receiver, the circuit court shall permit repair by a property owner or a person with an interest in the property secured by a deed of trust properly recorded upon the following conditions:
   1. Demonstration of the ability to complete the repair within a reasonable amount of time to be determined by the court; and
   2. Entry of a court order setting forth a schedule for such repair.

      (2012, cc. 220, 761; 2017, c. 381.)

Editor's note. - Acts 2012, cc. 220 and 761, cl. 2 provides: "That nothing in this act shall be construed to supersede the provisions of § 1-219.1 of the Code of Virginia."

At the direction of the Virginia Code Commission, the reference to the Servicemembers Civil Relief Act in subdivision A 9 above, was updated to conform to the editorial reclassification of 50 U.S.C. Appendix.

The 2017 amendments. - The 2017 amendment by c. 381 inserted "or a land bank entity created pursuant to the Land Bank Entities Act ( § 15.2-7500 et seq.)" or similar language in subsections A and C; in subdivision A 8, inserted "or land bank entity"; in subsection B, inserted "or to appoint a land bank entity created pursuant to the Land Bank Entities Act ( § 15.2-7500 et seq.)" and twice inserted "or land bank entity" following "locality."

§ 15.2-908. Authority of localities to remove or repair the defacement of buildings, walls, fences and other structures.

1. Any locality may by ordinance undertake or contract for the removal or repair of the defacement of any public building, wall, fence or other structure or any private building, wall, fence or other structure where such defacement is visible from any public right-of-way. The ordinance may provide that whenever the property owner, after reasonable notice, fails to remove or repair the defacement, the locality may have such defacement removed or repaired by its agents or employees. Such agents or employees shall have any and all immunity normally provided to an employee of the locality. For purposes of this section, the term "defacement" means the unauthorized application by any means of any writing, painting, drawing, etching, scratching, or marking of an inscription, word, mark, figure, or design of any type. If the defacement occurs on a public or private building, wall, fence, or other structure located on an unoccupied property, and the locality, through its own agents or employees, removes or repairs the defacement after complying with the notice provisions of this section, the actual cost or expenses thereof shall be chargeable to and paid by the owners of such property and may be collected by the locality as taxes are collected. No lien shall be chargeable to the owners of such property unless the locality shall have given a minimum of 15 days notice to the property owner prior to the removal of the defacement. Every charge authorized by this section with which the owner of any such property shall have been assessed and that remains unpaid shall constitute a lien against such property, ranking on a parity with liens for unpaid local real estate taxes and enforceable in the same manner as provided in Articles 3 (§ 58.1-3940 et seq.) and 4 (§ 58.1-3965 et seq.) of Chapter 39 of Title 58.1. A locality may waive and release such liens in order to facilitate the sale of the property. Such liens may be waived only as to a purchaser who is unrelated by blood or marriage to the owner and who has no business association with the owner. All such liens shall remain a personal obligation of the owner of the property at the time the liens were imposed.
2. The court may order any person convicted of unlawfully defacing property described in subsection A to pay full or partial restitution to the locality for costs incurred by the locality in removing or repairing the defacement if the locality has adopted an ordinance pursuant to this section.
3. An order of restitution pursuant to this section shall be docketed as provided in § 8.01-446 when so ordered by the court or upon written request of the locality and may be enforced by the locality in the same manner as a judgment in a civil action. (1995, cc. 332, 667, § 15.1-11.2:2; 1997, cc. 587, 874; 2008, c. 582; 2009, cc. 319, 462, 475; 2017, cc. 118, 610.)

Editor's note. - Pursuant to Acts 1997, c. 587, cl. 6, effect has been given in this section, as set out above, to Acts 1997, c. 874, which amended § 15.1-11.2:2, the comparable former version of the section. In accordance with c. 874, the amendment deleted the former second through fifth sentences, which read: "Prior to such removal, the locality shall seek the written permission of the property owner. Should the property owner fail to provide such permission within ten days, the locality may maintain a public nuisance action against the property owner in order to compel the property owner to allow removal or repair of the defacement. After receiving the written permission or the appropriate court order, the locality may undertake the removal or repair of the defacement. All such removal or repair shall be at the expense of the locality" and added the present second sentence.

The 2008 amendments. - The 2008 amendment by c. 582 added the last sentence.

The 2009 amendments. - The 2009 amendments by cc. 319 and 462 are identical, and in the first paragraph, added the last sentence; and added the second and third paragraphs.

The 2009 amendment by c. 475 added the subsection A designation to the first paragraph and added subsections B and C.

The 2017 amendments. - The 2017 amendments by cc. 118 and 610 are identical, and inserted "real estate" in the first sentence of the last paragraph in subsection A.

§ 15.2-908.1. Authority to require removal, repair, etc., of buildings and other structures harboring a bawdy place.

1. As used in this section: "Affidavit" means the affidavit prepared by a locality in accordance with subdivision B 1 a hereof. "Bawdy place" means the same as that term is defined in § 18.2-347 . "Corrective action" means the taking of steps which are reasonably expected to be effective to abate a bawdy place on real property, such as removal, repair or securing of any building, wall or other structure. "Owner" means the record owner of real property. "Property" means real property.
2. The governing body of any locality may, by ordinance, provide that:
   1. The locality may undertake corrective action with respect to property in accordance with the procedures described herein:
      1. The locality shall execute an affidavit, citing this section, to the effect that (i) a bawdy place exists on the property and in the manner described therein; (ii) the locality has used diligence without effect to abate the bawdy place; and (iii) the bawdy place constitutes a present threat to the public's health, safety or welfare.
      2. The locality shall then send a notice to the owner of the property, to be sent by regular mail to the last address listed for the owner on the locality's assessment records for the property, together with a copy of such affidavit, advising that (i) the owner has up to thirty days from the date thereof to undertake corrective action to abate the bawdy place described in such affidavit and (ii) the locality will, if requested to do so, assist the owner in determining and coordinating the appropriate corrective action to abate the bawdy place described in such affidavit.
      3. If no corrective action is undertaken during such thirty-day period, the locality shall send by regular mail an additional notice to the owner of the property, at the address stated in the preceding subdivision, stating the date on which the locality may commence corrective action to abate the bawdy place on the property, which date shall be no earlier than fifteen days after the date of mailing of the notice. Such additional notice shall also reasonably describe the corrective action contemplated to be taken by the locality. Upon receipt of such notice, the owner shall have a right, upon reasonable notice to the locality, to seek equitable relief, and the locality shall initiate no corrective action while a proper petition for relief is pending before a court of competent jurisdiction.
   2. If the locality undertakes corrective action with respect to the property after complying with the provisions of subdivision B 1, the costs and expenses thereof shall be chargeable to and paid by the owner of such property and may be collected by the locality as taxes and levies are collected.
   3. Every charge authorized by this section with which the owner of any such property has been assessed and which remains unpaid shall constitute a lien against such property with the same priority as liens for unpaid local real estate taxes and enforceable in the same manner as provided in Articles 3 (§ 58.1-3940 et seq.) and 4 (§ 58.1-3965 et seq.) of Chapter 39 of Title 58.1.
3. If the owner of such property takes timely corrective action pursuant to such ordinance, the locality shall deem the bawdy place abated, shall close the proceeding without any charge or cost to the owner and shall promptly provide written notice to the owner that the proceeding has been terminated satisfactorily. The closing of a proceeding shall not bar the locality from initiating a subsequent proceeding if the bawdy place recurs.
4. Nothing in this section shall be construed to abridge or waive any rights or remedies of an owner of property at law or in equity.

   (1997, c. 498, § 15.1-11.2:3; 2017, cc. 118, 610.)

Editor's note. - This section was enacted by Acts 1997, c. 498. Pursuant to Acts 1997, c. 587, cl. 6, this section has been incorporated into Title 15.2 as § 15.2-908.1 .

The 2017 amendments. - The 2017 amendments by cc. 118 and 610 are identical, and inserted "real estate" in subdivision B 3.

Michie's Jurisprudence. - For related discussion, see 6A M.J. Disorderly Houses and Houses of Ill Fame, § 3.

§ 15.2-909. Authority to require removal, repair, etc., of wharves, piers, pilings, bulkheads, vessels or abandoned, obstructing or hazardous property.

Any locality may by ordinance provide:

1. The owners of property therein shall at such time or times as the governing body may prescribe, remove, repair or secure any vessel which has been abandoned or any wharf, pier, piling, bulkhead or any other structure or vessel which might endanger the public health or safety of other persons, or which might constitute an obstruction or hazard to the lawful use of the waters within or adjoining such locality. If such property is deemed to be abandoned, the governing body may designate and empower an official to ascertain the lawful owner of such property and to have the owner repair, remove or secure such property;
2. The locality, through its own agents or employees, may remove, repair or secure any vessel which has been abandoned or any wharf, pier, piling, bulkhead, or other structure or vessel which might endanger the public health or safety of other persons or which might constitute a hazard or obstruction to the lawful use of the waters within such locality, if the owner of such property, after reasonable notice and reasonable time to do so, has failed to remove, repair or secure such wharf, pier, piling, bulkhead or other structure or vessel;
3. In the event the locality, through its own agents or employees removes, repairs or secures any wharf, pier, piling, bulkhead or other structure or vessel after complying with the notice provisions of this section, the cost or expenses thereof shall be chargeable to and paid by the owners of such property and to the extent applicable may be collected by the locality as taxes are collected;
4. If the identity or whereabouts of the lawful owner is unknown or not able to be ascertained after a reasonable search and after lawful notice has been made to the last known address of any known owner, the locality, through its own agents or employees, may repair such wharf, pier, piling, bulkhead or other structure or vessel or remove such property after giving notice by publication once each week for two weeks in a newspaper of general circulation in the area where such property is located;
5. Every charge authorized by this section with which the owner of any such property has been assessed and which remains unpaid, to the extent applicable, shall constitute a lien against the owner's real property, and such lien shall be recorded in the judgment lien docket book in the circuit court for such locality. Such lien may also be reduced to a personal judgment against the owner.

   (1976, c. 449, § 15.1-11.3; 1997, cc. 548, 587.)

Cross references. - As to Marine Habitat and Waterways Improvement Fund, see § 28.2-1204.2 .

Editor's note. - Pursuant to Acts 1997, c. 587, cl. 6, effect has been given in this section, as set out above, to Acts 1997, c. 548, which amended § 15.1-11.3, the comparable former version of the section. In accordance with c. 548, the amendment deleted "civil penalty" at the end of the section catchline, in subdivision 1, divided the former sentence into two sentences by deleting "and" at the end of the present first sentence and inserted "any vessel which had been abandoned or" in the first sentence; substituted "any vessel which had been abandoned or" in subdivision 2; substituted "vessel" for "boat" in subdivision 4; and in subdivision 5, substituted "against the owner's real property" for "against such property" in the first sentence and substituted "may also be reduced" for "may be released" in the second sentence.

Research References. - Bryson on Virginia Civil Procedure (Matthew Bender). Chapter 18 Enforcement of Judgments and decrees. § 18.04 Equity. Bryson.

§ 15.2-910. Ordinance certifying boiler and pressure vessel operators; penalty.

1. Any locality may by ordinance require any person who engages in, or offers to engage in, for the general public for compensation, the operation or maintenance of a boiler or pressure vessel in such locality, to obtain a certificate from the locality.
2. The ordinance shall require the applicant for such certificate to furnish evidence of his ability and proficiency; shall require the examination of every such applicant to determine his qualifications; and shall designate or establish an agent or board for the locality to examine and determine a person's qualifications for certification. A certificate shall not be granted to an applicant found not to be qualified.
3. In accordance with the Administrative Process Act (§ 2.2-4000 et seq.), the Safety and Health Codes Board shall establish standards to be used in determining an applicant's ability, proficiency and qualifications.
4. No person certified pursuant to this section or certified or licensed pursuant to Chapter 3.1 (§ 40.1-51.5 et seq.) of Title 40.1 shall be required to obtain any other such certificate or to pay a fee, other than the initial certification fee, in any locality in which he practices his trade.
5. Any such ordinance adopted by a locality may provide for penalties not exceeding those applicable to Class 3 misdemeanors.

   (1989, c. 224, § 15.1-11.6; 1997, c. 587.)

Cross references. - As to punishment for Class 3 misdemeanors, see § 18.2-11 .

§ 15.2-911. Regulation of alarm company operators.

1. Any locality may by ordinance regulate the installation and maintenance of alarm systems operated by alarm company operators.
2. As used in this section, an "alarm company operator" means and includes any business operated for profit, engaged in the installation, maintenance, alteration, or servicing of alarm systems or which responds to such alarm systems. Such term, however, shall not include alarm systems maintained by governmental agencies or departments, nor shall it include a business which merely sells from a fixed location or manufactures alarm systems unless such business services, installs, monitors or responds to alarm systems at the protected premises.
3. As used in this section, the term "alarm system" means an assembly of equipment and devices arranged to signal the presence of a hazard requiring urgent attention and to which police or firefighters are expected to respond. Such system may be installed, maintained, altered or serviced by an alarm company operator in both commercial and residential premises.

   (1978, c. 587, § 15.1-28.2; 1997, c. 587.)

§ 15.2-912. Regulation of tattoo parlors and body-piercing salons; definition; exception.

1. Any locality may by ordinance regulate the sanitary condition of the personnel, equipment and premises of tattoo parlors and body-piercing salons and specify procedures for enforcement of compliance with the disease control and disclosure requirements of § 18.2-371.3 .
2. For the purposes of this section:

   "Body-piercing salon" means any place in which a fee is charged for the act of penetrating the skin to make a hole, mark, or scar, generally permanent in nature. "Body piercing" does not include the use of a mechanized, presterilized ear-piercing system that penetrates the outer perimeter or lobe of the ear or both.

   "Tattoo parlor" means any place in which is offered or practiced the placing of designs, letters, scrolls, figures, symbols or any other marks upon or under the skin of any person with ink or any other substance, resulting in the permanent coloration of the skin, including permanent make-up or permanent jewelry, by the aid of needles or any other instrument designed to touch or puncture the skin.

3. This section shall not apply to medical doctors, veterinarians, registered nurses or any other medical services personnel licensed pursuant to Title 54.1 in performance of their professional duties.
4. Localities requiring regulation of tattoo parlors and piercing salons by ordinance shall include in such ordinance authorization for unannounced inspections by appropriate personnel of the locality.

   (1983, c. 429, § 15.1-28.3; 1997, c. 587; 2000, c. 842; 2001, c. 270.)

The 2000 amendments. - The 2000 amendment by c. 842, added "and body-piercing salons" at the end of subsection A; and in subsection B, added the introductory language and the first paragraph, defining "Body-piercing salon," and at the beginning of the second paragraph, substituted " 'Tattoo parlor' means any place" for "A 'tattoo parlor,' as used in this section, is any place."

The 2001 amendments. - The 2001 amendment by c. 270 inserted "and specify procedures for enforcement of compliance with the disease control and disclosure requirements of § 18.2-371.3 " at the end of subsection A, and added subsection D.

CIRCUIT COURT OPINIONS

Ordinance banning tattooing. - City ordinance's total ban on tattooing violated § 1-248 , as it conflicted with Virginia's policy of restricting but not banning tattooing, as expressed in §§ 15.2-912 and 18.2-371.3 . Thus, the city's demurrer to petitioner's claim that the ordinance was inconsistent with state law was denied. Blue Horseshoe Tattoo, V, Ltd. v. City of Norfolk, 72 Va. Cir. 388, 2007 Va. Cir. LEXIS 151 (Norfolk 2007).

Local ordinance invalidated. - City of Chesapeake did not have the power to prohibit that which the state allowed, unless expressly given the authority to do so; therefore, ordinance that prohibited tattoo studios in the city was invalid and unenforceable, because § 15.2-912 allowed for the regulation of tattoo studios, not the banning of tattoo studios. Ancient Art Tattoo Studio, Ltd. v. City of Chesapeake, 56 Va. Cir. 210, 2001 Va. Cir. LEXIS 134 (Virginia Beach 2001).

§ 15.2-912.1. Regulation of martial arts instruction.

1. The Cities of Chesapeake and Norfolk may by ordinance require any person who operates a business providing martial arts instruction to have at the site where instruction is taking place a person who has current certification or, within the last two years, has received training in emergency first aid and cardio-pulmonary resuscitation.

   Any person who violates such an ordinance may be subject to a civil penalty not to exceed $50 for the first violation and $100 for any subsequent violation.

2. As used in this section, "martial arts instruction" means any course of instruction for self defense, such as judo or karate.

   (1998, c. 583; 2007, c. 813.)

Editor's note. - Acts 2007, c. 813, cl. 2 provides: "That the provisions of this act shall not affect the powers of any locality with respect to any ordinance, resolution or bylaw validly adopted and not repealed or rescinded prior to July 1, 2007."

The 2007 amendments. - The 2007 amendment by c. 813 substituted "The Cities of Chesapeake and Norfolk" for "Any city with a population between 250,000 and 270,000 or between 150,000 and 160,000" in subsection A.

§ 15.2-912.2. Proceeds exempt from local taxation.

No locality may impose a gross receipts, entertainment, admission or any other tax based on revenues of qualified organizations derived from the conduct of charitable gaming.

The definitions set forth in § 18.2-340.16 shall apply to this section.

(1995, c. 837, § 18.2-340.32 ; 1997, cc. 777, 838; 1998, c. 679; 2003, c. 884; 2004, c. 462; 2006, c. 644.)

Editor's note. - Acts 2005, cc. 776 and 826, cl. 2, provide: "That notwithstanding the provisions of subsection A (ii) of § 15.2-912.2 , the Charitable Gaming Board shall establish the hours during which bingo games may be conducted."

Acts 2006, c. 644, cl. 2, provides: "That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities and is $0 for periods of commitment to the custody of the Department of Juvenile Justice."

Effective date. - This section was effective July 1, 1996.

The 1997 amendments. - The 1997 amendments by cc. 777 and 838 are identical, and inserted the A designation at the beginning of the first paragraph and added subsection B.

The 1998 amendment, in subsection B, deleted the former second paragraph which read: "The provisions of this subsection shall not apply to any local governing body located within the Hampton Roads Planning District, and any such tax imposed shall not be considered part of the gross receipts of a qualified organization for the purposes of subdivision 1 of § 18.2-340.19 and subdivision 1 of § 18.2-340.33 ."

The 2003 amendments. - The 2003 amendment by c. 884 substituted "Board" for "Commission" and "that" for "which" in subsection A.

The 2006 amendments. - The 2006 amendment by c. 644 deleted subdivision A, relating to regulations regarding instant bingo games; and deleted the subsection B designation.

§ 15.2-912.3. (Effective until January 1, 2022) Regulation of dance halls by counties, cities and towns.

For the purposes of this section, "public dance hall" means any place open to the general public where dancing is permitted; however, a restaurant located in any city licensed under § 4.1-210 to serve food and beverages having a dance floor with an area not exceeding 10 percent of the total floor area of the establishment shall not be considered a public dance hall.

Any locality may by ordinance regulate public dance halls in such locality, and prescribe punishment for violation of such ordinance not to exceed that prescribed for a Class 3 misdemeanor.

Such ordinance shall prescribe for: (i) the issuance of permits to operate public dance halls, grounds for revocation and procedure for revocation of such permits; (ii) a license tax not to exceed $600 on every person operating or conducting any such dance hall; and (iii) rules and regulations for the operation of such dance halls. Such ordinances may exempt from their operation dances held for benevolent or charitable purposes and dances conducted under the auspices of religious, educational, civic or military organizations.

No county ordinance adopted under the provisions of this section shall be in effect in any town in which an ordinance adopted under the provisions of this section is in effect.

(Code 1950, § 18.1-354; 1960, c. 358; 1962, c. 620; 1975, cc. 14, 15, § 18.2-433; 1978, c. 661; 1993, c. 866; 2004, c. 462.)

Cross references. - As to punishment for Class 3 misdemeanors, see § 18.2-11 .

Section set out twice. - The section above is effective until January 1, 2022. For the version of this section effective January 1, 2022, see the following section, also numbered § 15.2-912.3 .

§ 15.2-912.3. (Effective January 1, 2022) Regulation of dance halls by counties, cities, and towns.

For the purposes of this section, "public dance hall" means any place open to the general public where dancing is permitted; however, a restaurant located in any city licensed under subsection A of § 4.1-206.3 to serve food and beverages having a dance floor with an area not exceeding 10 percent of the total floor area of the establishment shall not be considered a public dance hall.

Any locality may by ordinance regulate public dance halls in such locality and prescribe punishment for violation of such ordinance not to exceed that prescribed for a Class 3 misdemeanor.

Such ordinance shall prescribe for (i) the issuance of permits to operate public dance halls, grounds for revocation and procedure for revocation of such permits; (ii) a license tax not to exceed $600 on every person operating or conducting any such dance hall; and (iii) rules and regulations for the operation of such dance halls. Such ordinances may exempt from their operation dances held for benevolent or charitable purposes and dances conducted under the auspices of religious, educational, civic, or military organizations.

No county ordinance adopted under the provisions of this section shall be in effect in any town in which an ordinance adopted under the provisions of this section is in effect.

(Code 1950, § 18.1-354; 1960, c. 358; 1962, c. 620; 1975, cc. 14, 15, § 18.2-433; 1978, c. 661; 1993, c. 866; 2004, c. 462; 2020, cc. 1113, 1114.)

Section set out twice. - The section above is effective January 1, 2022. For the version of this section effective until January 1, 2022, see the preceding section, also numbered § 15.2-912.3 .

Editor's note. - Acts 2020, cc. 1113 and 1114, cl. 3, as amended by Acts 2021, Sp. Sess. I, c. 82, cls. 2 and 3, provides: "That the provisions of the first, second, and fourth enactments of this act shall become effective on January 1, 2022, except for the provisions of the first enactment that amend the definition of low alcohol beverage cooler set forth in § 4.1-100 of the Code of Virginia, as amended by this act, which shall become effective July 1, 2020."

The 2020 amendments. - The 2020 amendments by cc. 1113 and 1114, effective January 1, 2022, are identical, and substituted "subsection A of § 4.1-206.3 " for " § 4.1-210 " in the first paragraph.

§ 15.2-913. Ordinances regulating certain vendors.

1. Any locality may by ordinance provide for the regulation of persons not otherwise licensed by the Commonwealth under Title 38.2, offering any item for sale within the locality when such persons go from one place of human habitation to another offering an item, other than newspapers and fresh farm products, for sale. The purpose of such ordinance is to reasonably control the activities of door-to-door vendors for the safety and well-being of the people residing in the locality. However, the locality may in such ordinance exempt such activities when they are conducted on behalf of a nonprofit charitable, civic or religious organization and may provide for other reasonable exemptions in such ordinance.
2. Any locality adopting an ordinance under this section may collect a fee in an amount not to exceed twenty dollars, from each person granted a permit to sell door to door.

   (1975, c. 378, §§ 15.1-37.3:1, 15.1-37.3:2; 1983, c. 383; 1997, c. 587.)

§ 15.2-914. Regulation of child-care services and facilities in cities and certain counties.

Any (i) county that has adopted the urban county executive form of government or (ii) city may by ordinance provide for the regulation and licensing of persons who provide child-care services for compensation and for the regulation and licensing of child-care facilities. "Child-care services" means provision of regular care, protection and guidance to one or more children not related by blood or marriage while such children are separated from their parent, guardian or legal custodian in a dwelling not the residence of the child during a part of the day for at least four days of a calendar week. "Child-care facilities" includes any commercial or residential structure that is used to provide child-care services.

Such local ordinance shall not require the regulation or licensing of any child-care facility that is licensed by the Commonwealth and such ordinance shall not require the regulation or licensing of any facility operated by a religious institution as exempted from licensure by § 22.1-289.031.

Except as otherwise provided in this section, such local ordinances shall not be more extensive in scope than comparable state regulations applicable to family day homes. Such local ordinances may regulate the possession and storage of firearms, ammunition, or components or combination thereof at child-care facilities and may be more extensive in scope than comparable state statutes or regulations applicable to family day homes. Local regulations shall not affect the manner of construction or materials to be used in the erection, alteration, repair or use of a residential dwelling.

Such local ordinances may require that persons who provide child-care services shall provide certification from the Central Criminal Records Exchange and a national criminal background check, in accordance with §§ 19.2-389 and 19.2-392.02, that such persons have not been convicted of any offense involving the sexual molestation of children or the physical or sexual abuse or rape of a child or any barrier crime defined in § 19.2-392.02, and such ordinances may require that persons who provide child-care services shall provide certification from the central registry of the Department of Social Services that such persons have not been the subject of a founded complaint of abuse or neglect. If an applicant is denied licensure because of any adverse information appearing on a record obtained from the Central Criminal Records Exchange, the national criminal background check, or the Department of Social Services, the applicant shall be provided a copy of the information upon which that denial was based.

(1990, cc. 605, 609, § 15.1-37.3:12; 1997, c. 587; 2010, c. 649; 2011, c. 251; 2017, c. 809; 2020, cc. 860, 861, 910, 911; 2021, Sp. Sess. I, c. 479.)

Cross references. - For exception from provisions regarding voluntary registration of certain family day homes for facilities covered by regulation and licensing provided pursuant to § 15.2-914 , see § 63.2-1704 G.

Editor's note. - Acts 2015, cc. 758 and 770, cl. 7 provides: "That the Department of Social Services shall work with localities authorized under § 15.2-914 of the Code of Virginia to regulate and license family day homes to identify and address any differences between ordinances adopted by such localities and state regulations for the licensure of family day homes."

Acts 2020, cc. 860 and 861, cl. 3 provides: "That the provisions of the first and second enactments of this act shall become effective on July 1, 2021, except that § 22.1-289.04 of the Code of Virginia, as created by this act, shall become effective in due course."

The 2010 amendments. - The 2010 amendment by c. 649 inserted the second sentence of the third paragraph.

The 2011 amendments. - The 2011 amendment by c. 251, in the third paragraph, twice substituted "day homes" for "day-care homes," and in the last paragraph, in the first sentence, inserted "and a national criminal background check" and "and 19.2-392.02," and in the last sentence, inserted "the national criminal background check."

The 2017 amendments. - The 2017 amendment by c. 809, in the last paragraph, substituted "barrier crime defined in § 19.2-392.02" for "offense identified in § 63.2-1719 " in the first sentence; and made minor stylistic changes.

The 2020 amendments. - The 2020 amendments by cc. 860 and 861, effective July 1, 2021, are identical, and substituted "22.1-289.031" for "63.2-1716" at the end of the second paragraph.

The 2020 amendments by cc. 910 and 911 are identical, and in the third paragraph, added "Except as otherwise provided in this section" in the first sentence, and in the second sentence, substituted "and may be" for "so long as such regulation remains" and "statutes or regulations" for "regulations."

The 2021 Sp. Sess. I amendments. - The 2021 amendment by Sp. Sess. I, c. 479, effective July 1, 2021, deleted "adjacent to a county that has adopted the urban county executive form of government, or (iii) city which is completely surrounded by such county" following "city" in clause (ii) of the first paragraph; and made stylistic changes.

§ 15.2-915. Control of firearms; applicability to authorities and local governmental agencies.

1. No locality shall adopt or enforce any ordinance, resolution, or motion, as permitted by § 15.2-1425 , and no agent of such locality shall take any administrative action, governing the purchase, possession, transfer, ownership, carrying, storage, or transporting of firearms, ammunition, or components or combination thereof other than those expressly authorized by statute. For purposes of this section, a statute that does not refer to firearms, ammunition, or components or combination thereof shall not be construed to provide express authorization. Nothing in this section shall prohibit a locality from adopting workplace rules relating to terms and conditions of employment of the workforce. However, no locality shall adopt any workplace rule, other than for the purposes of a community services board or behavioral health authority as defined in § 37.2-100 , that prevents an employee of that locality from storing at that locality's workplace a lawfully possessed firearm and ammunition in a locked private motor vehicle. Nothing in this section shall prohibit a law-enforcement officer, as defined in § 9.1-101 , from acting within the scope of his duties. The provisions of this section applicable to a locality shall also apply to any authority or to a local governmental entity, including a department or agency, but not including any local or regional jail, juvenile detention facility, or state-governed entity, department, or agency.
2. Any local ordinance, resolution, or motion adopted prior to July 1, 2004, governing the purchase, possession, transfer, ownership, carrying, or transporting of firearms, ammunition, or components or combination thereof, other than those expressly authorized by statute, is invalid.
3. In addition to any other relief provided, the court may award reasonable attorney fees, expenses, and court costs to any person, group, or entity that prevails in an action challenging (i) an ordinance, resolution, or motion as being in conflict with this section or (ii) an administrative action taken in bad faith as being in conflict with this section.
4. For purposes of this section, "workplace" means "workplace of the locality."
5. Notwithstanding the provisions of this section, a locality may adopt an ordinance that prohibits the possession, carrying, or transportation of any firearms, ammunition, or components or combination thereof (i) in any building, or part thereof, owned or used by such locality, or by any authority or local governmental entity created or controlled by the locality, for governmental purposes; (ii) in any public park owned or operated by the locality, or by any authority or local governmental entity created or controlled by the locality; (iii) in any recreation or community center facility operated by the locality, or by any authority or local governmental entity created or controlled by the locality; or (iv) in any public street, road, alley, or sidewalk or public right-of-way or any other place of whatever nature that is open to the public and is being used by or is adjacent to a permitted event or an event that would otherwise require a permit. In buildings that are not owned by a locality, or by any authority or local governmental entity created or controlled by the locality, such ordinance shall apply only to the part of the building that is being used for a governmental purpose and when such building, or part thereof, is being used for a governmental purpose.

   Any such ordinance may include security measures that are designed to reasonably prevent the unauthorized access of such buildings, parks, recreation or community center facilities, or public streets, roads, alleys, or sidewalks or public rights-of-way or any other place of whatever nature that is open to the public and is being used by or is adjacent to a permitted event or an event that would otherwise require a permit by a person with any firearms, ammunition, or components or combination thereof, such as the use of metal detectors and increased use of security personnel.

   The provisions of this subsection shall not apply to the activities of (i) a Senior Reserve Officers' Training Corps program operated at a public or private institution of higher education in accordance with the provisions of 10 U.S.C. § 2101 et seq. or (ii) any intercollegiate athletics program operated by a public or private institution of higher education and governed by the National Collegiate Athletic Association or any club sports team recognized by a public or private institution of higher education where the sport engaged in by such program or team involves the use of a firearm. Such activities shall follow strict guidelines developed by such institutions for these activities and shall be conducted under the supervision of staff officials of such institutions.

6. Notice of any ordinance adopted pursuant to subsection E shall be posted (i) at all entrances of any building, or part thereof, owned or used by the locality, or by any authority or local governmental entity created or controlled by the locality, for governmental purposes; (ii) at all entrances of any public park owned or operated by the locality, or by any authority or local governmental entity created or controlled by the locality; (iii) at all entrances of any recreation or community center facilities operated by the locality, or by any authority or local governmental entity created or controlled by the locality; and (iv) at all entrances or other appropriate places of ingress and egress to any public street, road, alley, or sidewalk or public right-of-way or any other place of whatever nature that is open to the public and is being used by or is adjacent to a permitted event or an event that would otherwise require a permit.

   (1987, c. 629, § 15.1-29.15; 1988, c. 392; 1997, cc. 550, 587; 2002, c. 484; 2003, c. 943; 2004, cc. 837, 923; 2009, cc. 735, 772; 2012, c. 757; 2020, cc. 1205, 1247.)

Editor's note. - At the direction of the Virginia Code Commission, "July 1, 2004," was substituted for "the effective date of this act" in subsection B.

Pursuant to Acts 1997, c. 587, cl. 6, effect has been given in this section, as set out above, to Acts 1997, c. 550, which amended § 15.1-29.15, the comparable former version of the section. In accordance with c. 550, the amendment added the third sentence of the second paragraph.

The 2002 amendments. - The 2002 amendment by c. 484 substituted "resolution or motion, as permitted by § 15.2-1425 , and no agent of such locality shall take any administrative action, governing" for "to govern" following "ordinance" in the first sentence of the first paragraph, added the final sentence of the first paragraph, and inserted the second and third sentences of the second paragraph.

The 2003 amendments. - The 2003 amendment by c. 943 in the second paragraph, deleted the former fourth sentence, which read: "Nothing in this section shall have any effect on any pending litigation," and rewrote the last sentence, which formerly read: "However, no person may be prosecuted or convicted of a violation of any ordinance regulating the transportation of a firearm if he is (i) in lawful possession of the firearm and he has a valid concealed handgun permit issued pursuant to § 18.2-308 or (ii) otherwise transporting the firearm in a lawful manner," and added the last paragraph.

The 2004 amendments. - The 2004 amendment by c. 837 inserted the A designation at the beginning of the first paragraph and in the first sentence, deleted "From and after January 1, 1987" at the beginning, and inserted "or enforce" and deleted the former first and last sentences in the second paragraph; and added subsection B.

The 2004 amendment by c. 923 inserted "storage" following "carrying" in the first paragraph in subsection A.

The 2009 amendments. - The 2009 amendments by cc. 735 and 772 are identical, and added subsection C.

The 2012 amendments. - The 2012 amendment by c. 757, in subsection A, added the second sentence in the second paragraph and added "or state-governed entity, department, or agency" to the third paragraph; and added subsection D.

The 2020 amendments. - The 2020 amendments by cc. 1205 and 1247 are identical, and added subsections E and F.

OPINIONS OF THE ATTORNEY GENERAL

Local resolutions to opt out of gun safety laws have no legal effect. - Localities and local constitutional officers cannot nullify state laws and must comply with gun violence prevention measures that the General Assembly may enact. See opinion of Attorney General to The Honorable Jerrauld C. Jones, Member, Virginia House of Delegates, 19-059, 2019 Va. AG LEXIS 38 (12/20/19).

Employees of local school boards are not local government employees. - Local public school boards have authority over the care, management, and control of the property of the school division and as such are separate and apart from the local government and the employees of the school board are not local government employees for purposes of § 15.2-915 . Therefore, local school districts may prohibit an employee from storing a lawfully possessed firearm and ammunition in a locked private motor vehicle on school district property. See opinion of Attorney General to the Honorable Tony O. Wilt, Member, House of Delegates, 13-052, 2013 Va. AG LEXIS 64 (8/2/13).

Local zoning authority. - A local government has authority to enact a zoning ordinance regulating the location of establishments that sell firearms, provided such ordinance is for a permissible purpose and is reasonably related to the governmental purpose it seeks to accomplish. Such an ordinance is not prohibited by § 15.2-915 because the statute does not pertain to the location of firearms sales facilities, nor does the statute express a clear intent to preempt local zoning regulations. See opinion of Attorney General to The Honorable Sam Rasoul, Member, Virginia House of Delegates, 18-069, 2019 Va. AG LEXIS 25 (8/23/19).

Voter intimidation. - Where activity near polling places makes voters fear for their safety while waiting to cast their vote, or leads them to believe that they would be harmed for supporting a particular candidate, such activity may be considered harassment of a voter under state and federal law. See opinion of Attorney General to The Honorable Marcus B. Simon, Member, Virginia House of Delegates, 20-046, 2020 Va. AG LEXIS 31 (9/24/20).

§ 15.2-915.1.

Repealed by Acts 2020, cc. 1205 and 1247, cl. 2.

Editor's note. - Former § 15.2-915.1 , pertaining to limitations on authority of localities to bring lawsuits, derived from Acts 2000, c. 674.

§ 15.2-915.2. Regulation of transportation of a loaded rifle or shotgun.

The governing body of any county or city may by ordinance make it unlawful for any person to transport, possess or carry a loaded shotgun or loaded rifle in any vehicle on any public street, road, or highway within such locality. Any violation of such ordinance shall be punishable by a fine of not more than $100. Conservation police officers, sheriffs and all other law-enforcement officers shall enforce the provisions of this section. No ordinance adopted pursuant to this section shall be enforceable unless the governing body adopting such ordinance so notifies the Director of the Department of Wildlife Resources by registered mail prior to May 1 of the year in which such ordinance is to take effect.

The provisions of this section shall not apply to duly authorized law-enforcement officers or military personnel in the performance of their lawful duties, nor to any person who reasonably believes that a loaded rifle or shotgun is necessary for his personal safety in the course of his employment or business.

(1976, c. 506, § 18.2-287.1 ; 1977, c. 377; 1989, c. 50; 2004, c. 462; 2020, c. 958.)

Cross references. - As to revocation of license and privileges related to hunting, trapping, or inland fishing, see § 29.1-338 .

The 2020 amendments. - The 2020 amendment by c. 958, substituted "Department of Wildlife Resources" for "Department of Game and Inland Fisheries" in the first paragraph, last sentence.

§ 15.2-915.3.

Repealed by Acts 2012, cc. 175 and 557, cl. 2.

Editor's note. - Former § 15.2-915.3 , pertaining to fingerprinting requirement for concealed handgun permit, derived from Acts 2004, c. 462; 2006, c. 886; 2007, c. 272.

§ 15.2-915.4. Counties, cities and towns authorized to regulate use of pneumatic guns.

1. A locality may prohibit, by ordinance, the shooting of pneumatic guns in any areas of the locality that are in the opinion of the governing body so heavily populated as to make such conduct dangerous to the inhabitants thereof, and may require supervision by a parent, guardian, or other adult supervisor approved by a parent or guardian of any minor below the age of 16 in all uses of pneumatic guns on private or public property. The ordinance may specify that minors above the age of 16 may, with the written consent of a parent or guardian, use a pneumatic gun at any place designated for such use by the local governing body or on private property with the consent of the owner. The ordinance may specify that any minor, whether permitted by a parent or guardian to use a pneumatic gun or not, shall be responsible for obeying all laws, regulations and restrictions governing such use. Any penalty for a pneumatic gun offense set forth in such an ordinance shall not exceed a Class 3 misdemeanor.
2. No such ordinance authorized by subsection A shall prohibit the use of pneumatic guns at facilities approved for shooting ranges, on other property where firearms may be discharged, or on or within private property with permission of the owner or legal possessor thereof when conducted with reasonable care to prevent a projectile from crossing the bounds of the property.
3. Training of minors in the use of pneumatic guns shall be done only under direct supervision of a parent, guardian, Junior Reserve Officers Training Corps instructor, or a certified instructor. Training of minors above the age of 16 may also be done without direct supervision if approved by the minor's instructor, with the permission of and under the responsibility of a parent or guardian, and in compliance with all requirements of this section. Ranges and instructors may be certified by the National Rifle Association, a state or federal agency that has developed a certification program, any service of the Department of Defense, or any person authorized by these authorities to certify ranges and instructors.
4. Commercial or private areas designated for use of pneumatic paintball guns may be established and operated for recreational use. Equipment designed to protect the face and ears shall be provided to participants at such recreational areas, and signs must be posted to warn against entry into the paintball area by persons who are unprotected or unaware that paintball guns are in use.
5. As used in this section, "pneumatic gun" means any implement, designed as a gun, that will expel a BB or a pellet by action of pneumatic pressure. "Pneumatic gun" includes a paintball gun that expels by action of pneumatic pressure plastic balls filled with paint for the purpose of marking the point of impact.

   (2004, c. 930; 2011, c. 832.)

The number of this section was assigned by the Virginia Code Commission, the number in the 2004 act having been 15.2-915.2 .

Cross references. - As to punishment for Class 3 misdemeanors, see § 18.2-11 . As to expulsion of students under certain circumstances, see § 22.1-277.07.

Editor's note. - Acts 2011, c. 832, cl. 2 provides: "That notwithstanding any other provision of law, general or special, any local ordinance adopted prior to the effective date of this act that prohibits the use of pneumatic guns on or within private property with permission of the owner or legal possessor of the property when conducted with reasonable care to prevent a projectile from crossing the bounds of the property shall be invalid."

The 2011 amendments. - The 2011 amendment by c. 832 added "or on or within private property with permission of the owner or legal possessor thereof when conducted with reasonable care to prevent a projectile from crossing the bounds of the property" in subsection B and made a related change.

Law review. - For 2003/2004 survey of family and juvenile law, see 39 U. Rich. L. Rev. 241 (2004).

For annual survey article, "Local Government Law," see 46 U. Rich. L. Rev. 175 (2011).

§ 15.2-915.5. Disposition of firearms acquired by localities.

1. No locality or agent of such locality may participate in any program in which individuals are given a thing of value provided by another individual or other entity in exchange for surrendering a firearm to the locality or agent of such locality unless the governing body of the locality has enacted an ordinance, pursuant to § 15.2-1425 , authorizing the participation of the locality or agent of such locality in such program.
2. Any ordinance enacted pursuant to this section shall require that any firearm received, except a firearm of the type defined in § 18.2-288 or 18.2-299 or a firearm the transfer for which is prohibited by federal law, shall be destroyed by the locality unless the person surrendering the firearm requests in writing that the firearm be offered for sale by public auction or sealed bids to a person licensed as a dealer pursuant to 18 U.S.C. § 921 et seq. Notice of the date, time, and place of any sale conducted pursuant to this subsection shall be given by advertisement in at least two newspapers published and having general circulation in the Commonwealth, at least one of which shall have general circulation in the locality in which the property to be sold is located. At least 30 days shall elapse between publication of the notice and the auction or the date on which sealed bids will be opened. Any firearm remaining in possession of the locality or agent of the locality after attempts to sell at public auction or by sealed bids shall be disposed of in a manner the locality deems proper, which may include destruction of the firearm or, subject to any registration requirements of federal law, sale of the firearm to a licensed dealer. (2012, c. 211; 2020, cc. 1205, 1247.)

The 2020 amendments. - The 2020 amendments by cc. 1205 and 1247 are identical, and in subsection B in the first sentence, inserted "destroyed by the locality unless the person surrendering the firearm requests in writing that the firearm be" and in the second sentence substituted "any sale conducted pursuant to this subsection" for "sale."

§ 15.2-916. Prohibiting shooting of compound bows, slingbows, arrowguns, crossbows, longbows, and recurve bows.

Any locality may prohibit the shooting of an arrow from a bow or arrowgun in a manner that can be reasonably expected to result in the impact of the arrow upon the property of another without permission from the owner or tenant of such property. For the purposes of this section, "bow" includes all compound bows, crossbows, slingbows, longbows, and recurve bows having a peak draw weight of 10 pounds or more. The term "bow" does not include bows that have a peak draw weight of less than 10 pounds or that are designed or intended to be used principally as toys. The term "arrow" means a shaft-like projectile intended to be shot from a bow.

(1995, c. 284, § 15.1-518.2; 1997, c. 587; 2017, c. 530; 2018, cc. 557, 558.)

The 2017 amendments. - The 2017 amendment by c. 530 inserted "slingbows" in the second sentence and "weight" in the third sentence.

The 2018 amendments. - The 2018 amendments by cc. 557 and 558 are identical, and inserted "or arrowgun" in the first sentence.

§ 15.2-917. Applicability of local noise ordinances to certain sport shooting ranges.

1. No local ordinance regulating any noise shall subject a sport shooting range to noise control standards more stringent than those in effect at its effective date. The operation or use of a sport shooting range shall not be enjoined on the basis of noise, nor shall any person be subject to action for nuisance or criminal prosecution in any matter relating to noise resulting from the operation of the range, if the range is in compliance with all ordinances relating to noise in effect at the time construction or operation of the range was approved, or at the time any application was submitted for the construction or operation of the range.
2. Any sport shooting range operating or approved for construction within the Commonwealth, which has been condemned through an eminent domain proceeding by any condemning entity, and which relocates to another site within the same locality within two years of the final condemnation order, shall not be subjected to any noise control standard more stringent than those in effect at the effective date of such sport shooting range.
3. For purposes of this section, "sport shooting range" means an area or structure designed for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, or any other similar sport shooting.

   For purposes of this section, "effective date" means the time the construction or operation of the sports shooting range initially was approved, or at the time any application was submitted for the construction or operation of the sports shooting range, whichever is earliest.

   (1990, cc. 541, 577, § 15.1-29.20; 1997, c. 587; 2005, c. 544; 2006, c. 704.)

The 2005 amendments. - The 2005 amendment by c. 544, in the first paragraph, inserted "any" preceding "noise shall subject" and "or at the time any application was submitted for the construction or operation of the range" in two places.

The 2006 amendments. - The 2006 amendment by c. 704 inserted the A designation at the beginning of the first paragraph and added subsection B; substituted "its effective date" for "the time the construction or operation of the range initially was approved, or at the same time any application was submitted for the construction or operation of the range" in subsection A; and inserted the C designation at the beginning of the third paragraph and added the last paragraph of subsection C.

§ 15.2-918. Locality may prohibit or regulate use of air cannons.

Any locality may by ordinance prohibit or regulate the use within its jurisdiction of certain devices, including air cannons, carbide cannons, or other loud explosive devices which are designed to produce high intensity sound percussions for the purpose of repelling birds.

Such ordinance may prescribe the degree of sound or the decibel level produced by the cannon or device which is unacceptable in that jurisdiction.

In adopting an ordinance pursuant to the provisions of this section, the governing body may provide that any person who violates the provisions of such ordinance shall be guilty of a Class 3 misdemeanor.

(1986, c. 106, § 15.1-29.13; 1997, c. 587.)

Cross references. - As to punishment for Class 3 misdemeanors, see § 18.2-11 .

§ 15.2-919. Regulation of motorcycle, moped, or motorized skateboard or scooter noise.

1. Any locality may, by ordinance, regulate noise from a motorcycle, moped, or motorized skateboard or scooter, as defined in § 46.2-100 , which is not equipped with a muffler and exhaust system conforming to §§ 46.2-1047 and 46.2-1049 , if such noise may be hazardous to the health and well-being of its citizens.
2. No law-enforcement officer, as defined in § 9.1-101 , shall stop a motorcycle, moped, motorized skateboard, or scooter for a violation of this section. No evidence discovered or obtained as the result of a stop in violation of this subsection, including evidence discovered or obtained with the operator's consent, shall be admissible in any trial, hearing, or other proceeding. (Code 1950, § 15.1-29.12; 1974, c. 339; 1985, c. 170; 1997, c. 587; 2006, cc. 529, 538; 2013, c. 783; 2020, Sp. Sess. I, cc. 45, 51.)

Editor's note. - At the direction of the Virginia Code Commission, "motorized skateboard or scooter, as defined in § 46.2-100 " was substituted for "motorized skateboard or foot-scooter, as defined in § 46.2-100 " to conform to amendments by Acts 2019, c. 780.

The 2006 amendments. - The 2006 amendments by cc. 529 and 538 are identical, and inserted "moped, or motorized skateboard or scooter" and "and exhaust system."

The 2013 amendments. - The 2013 amendment by c. 783 substituted "foot-scooter" for "scooter" near the middle of the section.

The 2020 Sp. Sess. I amendments. - The 2020 amendments by Sp. Sess. I, cc. 45 and 51, effective March 1, 2021, are identical, and designated the existing provisions as subsection A and added subsection B.

§ 15.2-920. Regulation of outdoor lighting near certain facilities.

In addition to any other authority granted to localities by law, any locality may by ordinance regulate outdoor lighting within an area one-half mile around planetariums, astronomical observatories and meteorological laboratories. This section shall not be construed to affect any ordinance heretofore adopted by a locality.

(1980, c. 512, § 15.1-29.8; 1997, c. 587.)

§ 15.2-921. Ordinances requiring fencing of swimming pools.

For the purposes of this section:

"Fence" means a close type vertical barrier not less than four feet in height above ground surface. A woven steel wire, chain link, picket or solid board type fence or a fence of similar construction which will prevent the smallest of children from getting through shall be construed as within this definition.

"Swimming pool" includes any outdoor man-made structure constructed from material other than natural earth or soil designed or used to hold water for the purpose of providing a swimming or bathing place for any person or any such structure for the purpose of impounding water therein to a depth of more than two feet.

Any locality may adopt ordinances making it unlawful for any person to construct, maintain, use, possess or control any pool on any property in such locality, without having a fence completely around such swimming pool. Such ordinances also may provide that every gate in such fence shall be capable of being securely fastened at a height of not less than four feet above ground level; that it shall be unlawful for any such gate to be allowed to remain unfastened while the pool is not in use; and that such fence shall be constructed so as to come within two inches of the ground at the bottom and shall be at least five feet from the edge of the pool at any point.

Violation of any such ordinance may be made punishable by a fine of not more than $300 or confinement in jail for not more than thirty days, either or both. Each day's violation may be construed as a separate offense.

Any such ordinance may be made applicable to swimming pools constructed before, as well as those constructed after, the adoption thereof. No such ordinance shall take effect less than ninety days from the adoption thereof, nor shall any such ordinance apply to any swimming pool operated by or in conjunction with any hotel located on a government reservation.

(Code 1950, § 15-18.1; 1958, c. 123; 1962, c. 623, § 15.1-29; 1997, c. 587.)

Editor's note. - The definitions for "Fence" and "Swimming pool" were put into alphabetical order at the direction of the Virginia Code Commission.

§ 15.2-922. Smoke alarms in certain buildings.

1. Any locality, notwithstanding any contrary provision of law, general or special, may by ordinance require that smoke alarms be installed in the following structures or buildings if smoke alarms have not been installed in accordance with the Uniform Statewide Building Code (§ 36-97 et seq.): (i) any building containing one or more dwelling units, (ii) any hotel or motel regularly used, offered for, or intended to be used to provide overnight sleeping accommodations for one or more persons, and (iii) any rooming houses regularly used, offered for, or intended to be used to provide overnight sleeping accommodations. Smoke alarms installed pursuant to this section shall be installed only in conformance with the provisions of the Uniform Statewide Building Code and shall be permitted to be either battery operated or AC powered. Such installation shall not require new or additional wiring and shall be maintained in accordance with the Statewide Fire Prevention Code (§ 27-94 et seq.) and subdivision C 6 of § 36-105 , Part III of the Uniform Statewide Building Code. Nothing herein shall be construed to authorize a locality to require the upgrading of any smoke alarms provided by the building code in effect at the time of the last renovation of such building, for which a building permit was required, or as otherwise provided in the Uniform Statewide Building Code.
2. The ordinance may require the owner of a rental unit to provide the tenant a certificate that all smoke alarms are present, have been inspected by the owner, his employee, or an independent contractor, and are in good working order. Except for smoke alarms located in public or common areas of multifamily buildings, interim testing, repair, and maintenance of smoke alarms in rented or leased dwelling units shall be the responsibility of the tenant in accordance with § 55.1-1227 . (1981, c. 324, § 15.1-29.9; 1984, c. 387; 1990, c. 184; 1997, c. 587; 2011, c. 766; 2018, cc. 41, 81.)

Editor's note. - To conform to the recodification of Title 55 by Acts 2019, c. 712, effective October 1, 2019, the following substitution was made at the direction of the Virginia Code Commission: substituted " § 55.1-1227 " for " § 55-225.4 or 55-248.16, as applicable."

Acts 2018, cc. 41 and 81, cl. 2 provides: "That any locality that has adopted an ordinance pursuant to § 15.2-922 of the Code of Virginia shall amend the ordinance to conform to the provisions of the first enactment of this act on or before July 1, 2019."

The 2011 amendments. - The 2011 amendment by c. 766 added "( § 36-97 et seq.), and any locality with an ordinance shall follow a uniform set of standards for maintenance of smoke detectors established in the Uniform Statewide Building Code" at the end of the first sentence.

The 2018 amendments. - The 2018 amendments by cc. 41 and 81 are identical, and rewrote the section.

OPINIONS OF THE ATTORNEY GENERAL

Retrofitting of existing buildings not necessitated. - When a locality, acting pursuant to § 15.2-922 , adopts an ordinance to require installation of smoke detectors in "any building containing one or more dwelling units," that enactment does not necessitate the retrofitting with smoke detectors of existing buildings containing dwelling units. At such time as smoke detectors may be installed in any building containing dwelling units, the installation must comply with the then-current provisions of the Uniform Statewide Building Code. To remain in compliance with the ordinance, once the smoke detectors are initially installed, the terms of the Uniform Statewide Building Code govern the maintenance or replacement of the smoke detectors. See opinion of Attorney General to Mark D. Stiles, Esquire, City Attorney, City of Virginia Beach, 12-035, 2013 Va. AG LEXIS 62 (7/26/13).

§ 15.2-922.1. Regulating or prohibiting the making of fires.

1. Any city or town may by ordinance regulate or prohibit the making of fires in streets, alleys, and other public places and regulate the making of fires on private property.
2. In addition to the authority provided under § 27-98 , any county may by ordinance regulate or prohibit the making of fires in streets, alleys, and other public places and, when a declared emergency exists, pursuant to § 44-146.21, regulate the making of fires on private property. (2007, c. 256.)

§ 15.2-922.2. Special fee for emergency services in certain counties.

1. Any county with a population of less than 3,000 may by ordinance, and after a public hearing and subject to such terms and conditions as set forth in the ordinance, levy a fee to fund the provision of emergency medical services in the county, not to exceed the actual cost incurred by the county in providing such services.
2. The county may enter into a contractual agreement with any water or heat, light, and power company or other corporation coming within the provisions of Chapter 26 (§ 58.1-2600 et seq.) of Title 58.1 for the collection of such fee. The agreement may include a commission for such service in the form of a deduction from the fee remitted. The commission shall be provided for in the ordinance, which shall set the rate not to exceed five percent of the amount of fees due and collected. (2018, c. 660.)

§ 15.2-923. Local water-saving ordinances.

Notwithstanding any contrary provision of law, as shall be necessary to protect the public health, safety and welfare, any locality may by ordinance (i) require the installation of water conservation devices in the case of the retrofitting of buildings constructed prior to July 1, 1978, and (ii) restrict the nonessential use of ground water during declared water shortages or water emergencies.

For purposes of this section "nonessential use" shall not include agricultural use.

(1978, c. 469, § 15.1-37.2:1; 1992, c. 589; 1997, c. 587; 2004, c. 402.)

The 2004 amendments. - The 2004 amendment by c. 402, in the first paragraph, deleted the clause (i) designation preceding "any locality," inserted the clause (i) designation preceding "require the installation," and deleted "any city with a population of 350,000 or more, may, by ordinance" preceding "restrict the nonessential use" near the end.

§ 15.2-924. Water supply emergency ordinances.

1. Whenever the governing body of any locality finds that a water supply emergency exists or is reasonably likely to occur if water conservation measures are not taken, it may adopt an ordinance restricting the use of water by the citizens of such locality for the duration of such emergency or for a period of time necessary to prevent the occurrence of a water supply emergency. However, such ordinance shall apply only to water supplied by a locality, authority, or company distributing water for a fee or charge. Such ordinance may include appropriate penalties designed to prevent excessive use of water, including, but not limited to, a surcharge on excessive amounts used.
2. After such an emergency has been declared in any locality, any owner of a water supply system serving that locality may apply to the State Water Control Board for assistance. If the State Water Control Board confirms the existence of an emergency, and finds that such owner and such locality have exhausted available means to relieve the emergency and that the owner and locality are applying all feasible water conservation measures, and in addition finds that there is water available in neighboring localities in excess of the reasonable needs of such localities, and that there exists between such neighboring localities interconnections for the transmission of water, the Board shall so inform the Governor. The Governor, if requested jointly by the locality and the owner of the systems supplying the locality, may then appoint a committee consisting of one representative of the locality declaring the emergency, one representative of the system supplying the locality under emergency, and those two representatives shall choose a third representative and failing to choose such third representative within seven days he shall be selected by the Governor. The committee shall have the duty and authority to allocate the water available in such localities for the period of the emergency, provided that the period of the emergency shall not exceed that determined by the locality declaring the emergency or the State Water Control Board whichever period termination is earlier, so that the best water supply possible will be provided to all water users during the emergency as previously described. Nothing in this section shall be construed as requiring the construction of pipeline interconnections between any locality or any water supply system.
3. Any water taken from one water supplier for the benefit of another shall be paid for by using the established rate schedule of the supplier for treated water. Raw water shall be furnished at rates which shall reflect all costs to the supplying locality, including, but not limited to, capital investment costs. Should there be imposed upon the supplier any additional obligation, water production costs or other capital or operating expenditures beyond those normal to the suppliers' system, then the cost of same shall be chargeable to the receiving locality by single payment or by incorporation in a special rate structure, all of the same as shall be reasonable.
4. Nothing contained in this section shall authorize any locality to regulate the use of water taken from a river or any flowing stream when such water is used for industrial purposes and the approximate same quantity of water is returned to such river or stream after such industrial usage.

   (1978, c. 669, § 15.1-37.3:4; 1997, c. 587; 2001, c. 258.)

The 2001 amendments. - The 2001 amendment by c. 258, in subsection A, inserted "or is reasonably likely to occur if water conservation measures are not taken," and inserted "or for a period of time necessary to prevent the occurrence of a water supply emergency."

§ 15.2-924.1.

Repealed by Acts 2011, cc. 341 and 353, cl. 2.

Editor's note. - Former § 15.2-924.1 , pertaining to regulation of nonpoint source pollution and fertilizer, derived from Acts 2007, c. 563.

§ 15.2-925. Regulation, etc., of assemblies or movement of persons or vehicles under certain circumstances.

Any locality may empower the chief law-enforcement officer to regulate, restrict or prohibit any assembly of persons or the movement of persons or vehicles if there exists an imminent threat of any civil commotion or disturbance in the nature of a riot which constitutes a clear and present danger. In such circumstances the governing body may convene immediately in a special meeting and enact an emergency ordinance or ordinances for such purposes, notwithstanding any contrary provisions in any charter or under the general law.

(1968, c. 459, § 15.1-514.1; 1997, c. 587.)

§ 15.2-925.1. Local notifications.

Any locality may by ordinance establish a system to deliver notifications to residents by email, phone, text message or other similar means of communication. Such ordinance shall be adopted only after a public hearing and shall contain an opt-in provision for non-emergency notifications.

(2015, c. 192.)

Editor's note. - Acts 2015, c. 192, cl. 2 provides: "That a notification system adopted by a locality prior to the effective date of this act shall be deemed to have met the requirements of § 15.2-925.1 ."

§ 15.2-926. Prohibiting loitering; frequenting amusements and curfew for minors; penalty.

1. Any locality may by ordinance prohibit loitering in, upon or around any public place, whether on public or private property. Any locality may by ordinance also prohibit minors who are not attended by their parents from frequenting or being in public places, whether on public or private property, at such times, between 10:00 p.m. and 6:00 a.m., as the governing body deems proper.

   A violation of such ordinances by a minor shall be disposed of as provided in §§ 16.1-278.4 and 16.1-278.5.

2. A locality may by ordinance regulate the frequenting, playing in or loitering in public places of amusement by minors, and may prescribe punishment for violations of such ordinances not to exceed that prescribed for a Class 3 misdemeanor.
3. Without limiting or restricting the general powers created by this section, the term "public place" shall also include public libraries.

   (Code 1950, § 15-8; 1954, c. 529; 1956, cc. 218, 664; 1956, Ex. Sess., c. 40; 1958, c. 279; 1960, c. 606; 1962, c. 623, § 15.1-514; 1968, c. 425; 1983, c. 502, § 15.1-33.4; 1995, cc. 59, 658; 1997, c. 587; 1998, c. 865; 1999, c. 1023; 2004, c. 462; 2009, c. 481.)

Cross references. - As to punishment for Class 3 misdemeanors, see § 18.2-11 .

Editor's note. - Acts 2009, c. 481, cl. 2, provides: "That this act is declarative of existing law."

The 1998 amendments. - The 1998 amendment by c. 865 divided the section into the present first and second sentences; in the present first sentence, inserted "by ordinance," deleted "and" following "private property," in the present second sentence, added "Any locality," inserted "by ordinance also," inserted "between 10:00 p.m. and 6:00 a.m."; and added the last paragraph.

The 1999 amendment, in the second paragraph, substituted "ordinances" for "ordinance" and added "and 16.1-278.5."

The 2004 amendments. - The 2004 amendment by c. 462 inserted the A designation at the beginning of the first paragraph and added subsection B.

The 2009 amendments. - The 2009 amendment by c. 481 added subsection C.

Law review. - For Comment, "Unreasonable Seizure: Government Removal of Children from Homes with Drugs but No Evidence of Neglect," see 20 Geo. Mason L. Rev. 631 (2013).

Michie's Jurisprudence. - For related discussion, see 19 M.J. Vagrancy, § 1.

§ 15.2-926.1. Bounties for coyotes.

Any locality may by ordinance permit the killing of coyotes within its boundaries at any time and may pay, out of any available funds, a bounty for each coyote killed within its boundaries. The ordinance may prescribe the conditions to be met and the evidence to be submitted before any such payment is made, as well as the amount of the bounty to be paid.

(1999, c. 487.)

Michie's Jurisprudence. - For related discussion, see 3A M.J. Certiorari, § 3.

§ 15.2-926.2. Adoption of ordinances prohibiting obscenity.

The locality may adopt ordinances to prohibit obscenity or conduct paralleling the provisions of Article 5 (§ 18.2-372 et seq.) and Article 6 (§ 18.2-390 et seq.) of Chapter 8 of Title 18.2 and prohibiting the dissemination to juveniles of, and their access to, materials deemed harmful to juveniles as defined in subsection (6) of § 18.2-390 in public at places frequented by juveniles or where juveniles are or may be invited as part of the general public. Exceptions as provided in § 18.2-391.1 shall apply thereto. The penalty for violating the provisions of such ordinance shall not be greater than the penalty imposed for a Class 1 misdemeanor.

(Code 1950, § 18.1-236.5; 1970, c. 423; 1975, cc. 14, 15, § 18.2-389 ; 1977, c. 295; 1982, c. 477; 1991, c. 710; 2004, c. 462.)

Cross references. - As to punishment for Class 1 misdemeanors, see § 18.2-11 .

§ 15.2-926.3. Local regulation of certain aircraft.

1. No political subdivision may regulate the use of a privately owned, unmanned aircraft system as defined in § 19.2-60.1 within its boundaries.
2. Notwithstanding the prohibition of subsection A, a political subdivision may, by ordinance or regulation, regulate the take-off and landing of an unmanned aircraft, as defined in § 19.2-60.1, on property owned by the political subdivision. Such ordinance or regulation shall be developed and authorized in accordance with the rules and regulations promulgated by the Department of Aviation (the Department). Such rules and regulations shall be in accordance with federal rules and regulations and shall include a process for adoption of an ordinance or regulation, exemptions to the ordinance or regulation, political subdivision training, and notification requirements. The political subdivision shall report to the Department any ordinance or regulation adopted pursuant to this section, and the Department shall publish and update annually on its website, and any other website the Department deems appropriate, a summary of any such ordinance or regulation adopted.
3. Nothing in this section shall permit a person to go or enter upon land owned by a political subdivision solely because he is in possession of an unmanned aircraft system if he would not otherwise be permitted entry upon such land.
4. Nothing in this section shall be construed to prohibit (i) the take-off or landing of an unmanned aircraft by a commercial operator in compliance with Federal Aviation Administration regulations, or as deemed reasonable or necessary by private or public entities for emergency or maintenance support functions or services, including the protection and maintenance of public or private critical infrastructure; (ii) the landing of an unmanned aircraft by an operator in compliance with Federal Aviation Administration regulations as deemed reasonable or necessary by the operator in the event of a technical malfunction of an unmanned aircraft system; (iii) the take-off or landing of an unmanned aircraft being operated by a sworn public safety officer in the performance of his duties; or (iv) the take-off or landing of an unmanned aircraft owned or operated by the United States government, or any operator under contract with any agency of the United States government, in performance of his assigned duties.

   (2016, c. 451; 2018, cc. 851, 852; 2020, c. 345.)

Editor's note. - Acts 2018, cc. 851 and 852, cl. 2 repealed Acts 2016, c. 451, cl. 2, which provided for a July 1, 2019 expiration date for this section.

Acts 2018, cc. 851 and 852, cl. 3 provides: "That the Secretary of Commerce and Trade, in consultation with the Virginia Economic Development Partnership, shall study the impact of this act on unmanned aircraft research, innovation, and economic development in Virginia and report to the Governor and General Assembly no later than November 1, 2019."

Acts 2020, c. 345, cl. 2 provides: "That the provisions of the first enactment of this act shall become effective on January 1, 2021."

Acts 2020, c. 345, cl. 3 provides: "That by January 1, 2021, the Virginia Department of Aviation, in consultation with representatives of the unmanned aircraft system industry, small and medium-sized businesses utilizing unmanned aircraft systems, localities, and other stakeholders, shall develop rules and regulations specific to take-offs and landings pursuant to the provisions of this act. Such rules and regulations shall be in accordance with federal rules and regulations and shall include a process for adoption of an ordinance or regulation, exemptions to the ordinance or regulation, political subdivision training, and notification requirements." Pursuant to this enactment clause, "Such rules and regulations shall be in accordance with federal rules and regulations and shall include a process for adoption of an ordinance or regulation, exemptions to the ordinance or regulation, political subdivision training, and notification requirements" was added in subsection B at the direction of the Virginia Code Commission.

The 2018 amendments. - The 2018 amendments by cc. 851 and 852 are identical, and substituted "political subdivision" for "locality" and added the second sentence.

The 2020 amendments. - The 2020 amendment by c. 345, effective January 1, 2021, added subsections B and D and designated the former paragraphs as subsections A and C.

OPINIONS OF THE ATTORNEY GENERAL

Regulation of unmanned aircraft systems. - Public park authority may adopt rules or regulations concerning the operation of unmanned aircraft systems ("drones") in its parks. See opinion of Attorney General to The Honorable David L. Bulova, Member, Virginia House of Delegates, 17-047, 2018 Va. AG LEXIS 3 (3/1/18).

§ 15.2-926.4. Regulation of smoking in outdoor amphitheater or concert venue; civil penalty.

1. Any locality, by ordinance, may designate reasonable no-smoking areas within an outdoor amphitheater or concert venue owned by that locality.
2. An ordinance adopted pursuant to this section shall:
   1. Require the locality to install adequate signs within each outdoor amphitheater or concert venue that designate the no-smoking areas within such outdoor amphitheater or concert venue;
   2. Provide that no person shall smoke in any area or place designated as a no-smoking area and that any person who continues to smoke in such area or place after having been asked to refrain from smoking shall be subject to a civil penalty of not more than $25; and
   3. Provide that any law-enforcement officer may issue a summons regarding a violation of the ordinance.
3. Civil penalties assessed under this section shall be paid into the treasury of the locality where the offense occurred and shall be expended solely for public health purposes.

   (2019, c. 713.)

§ 15.2-927. Garbage and refuse disposal.

Any locality may collect and dispose of garbage and other refuse; may regulate and inspect incinerators, dumps and other places and facilities for the disposal of garbage and other refuse and the manner in which such incinerators, dumps, places and facilities are operated or maintained; and without liability to the owner thereof may prevent the use thereof for such purposes when they contribute or are likely to contribute to the contraction or spread of infectious, contagious or dangerous diseases.

(Code 1950, § 15-77.21; 1958, c. 328; 1962, c. 623, § 15.1-857; 1997, c. 587.)

CIRCUIT COURT OPINIONS

Virginia Public Procurement Act and waste removal services contracts. - Virginia Public Procurement Act (VPPA), § 2.2-4300 et seq., applied to a county's waste hauling services contracts as: (1) the VPPA regulated service contracts between nongovernmental parties and local governments under § 2.2-4303 ; (2) the VPPA's exemptions, §§ 2.2-4343 , 2.2-4344 , 2.2-4345 , 2.2-4346 , did not include waste removal services contracts; (3) the enabling statutes, §§ 15.2-927 , 15.2-928 , 15.2-930 , 15.2-931 , did not preempt the VPPA; (4) the public policy rationale of the enabling statutes did not make the VPPA inapplicable; and (5) the county's purchasing policy had not displaced the VPPA. Advanced Transp. & Logistics, Inc. v. Botetourt County, 77 Va. Cir. 164, 2008 Va. Cir. LEXIS 131 (Botetourt County 2008).

OPINIONS OF THE ATTORNEY GENERAL

County may require residents to give up private trash collection service and join the service provided by the county provided that the statutory notice, hearing and waiting period requirements are met, or 55 percent of the affected property owners petition the governing body to take over the collection service. See opinion of Attorney General to The Honorable Barbara J. Comstock, Member, House of Delegates, 10-072, 2010 Va. AG LEXIS 47 (8/12/10).

County may, but is not required to, allow residents to opt out of the public trash collection service and maintain a parallel private collection service. See opinion of Attorney General to The Honorable Barbara J. Comstock, Member, House of Delegates, 10-072, 2010 Va. AG LEXIS 47 (8/12/10).

§ 15.2-928. Local recycling and waste disposal; powers; penalties.

1. Any locality may (i) provide and operate, within or outside its boundaries, solid waste management facilities and appurtenances for the collection, management, recycling and disposal of solid waste, recyclable materials, and other refuse of the residents and businesses of the locality; (ii) contract with other localities to provide such services jointly; (iii) contract with others for supplying such services; (iv) contract with any locality or agency of the Commonwealth to provide such services for either entity; (v) prohibit the disposal of garbage or recyclable materials in or at any place other than that provided by the public or private sector for the purpose; (vi) charge and collect compensation for such services; (vii) regulate the times and placement of waste and waste containers set out for collection, such regulation to require notice so as to allow removal by the owner of the waste or waste containers prior to imposition of a civil penalty, provided that, in the City of Roanoke, provided the third notice required herein included an opportunity for the owner to be heard, the civil penalty may be imposed without further notice after the third notice for violation; (viii) provide penalties, including either criminal or civil penalties, for the unauthorized use of or failure to use such facilities. Prosecution of either a civil or criminal offense shall preclude prosecution of the other for the same offense; and (ix) grant incentives to encourage recycling.
2. Any locality may by ordinance limit the use of solid waste depositories or receptacles, owned or maintained by the locality, to the disposal of garbage and other solid waste originating from within the boundaries of such locality. Any locality adopting such an ordinance may provide penalties for its violation pursuant to subsection A.
3. For the purposes of this section, recyclable materials shall be those materials identified in a plan adopted pursuant to § 10.1-1411 and regulations promulgated thereunder. Nothing in this section shall invalidate the actions of any locality taken prior to enactment of this section. Nothing in this section shall be construed as prohibiting any generator of recyclable materials from selling, conveying or arranging for transportation of such materials to a recycler for reuse or reclamation, nor preventing a recycling company or nonprofit entity from collecting and transporting recyclable materials from a buy-back center, drop box or any generator of recyclable materials. (1991, c. 665, § 15.1-11.5:3; 1997, cc. 236, 587; 2000, c. 231; 2002, cc. 161, 690; 2003, c. 518; 2006, c. 847.)

Editor's note. - Pursuant to Acts 1997, c. 587, cl. 6, effect has been given in this section, as set out above, to Acts 1997, c. 236, which amended § 15.1-11.5:3, the comparable former version of the section. In accordance with c. 236, the amendment added present clause (iv) and redesignated former clauses (iv), (v), and (vi) as present clauses (v), (vi), and (vii) in the first sentence.

The 2000 amendments. - The 2000 amendment by c. 231, deleted "and" preceding subsection (vii), and inserted "and (viii) grant incentives to encourage recycling" following subsection (vii).

The 2002 amendments. - The 2002 amendment by c. 161 inserted the subsection A and C designations and added subsection B.

The 2002 amendment by c. 690 in subsection A, inserted "including either criminal or civil penalties" in clause (vii) of the first sentence, and added the second sentence.

The 2003 amendments. - The 2003 amendment by c. 518 inserted the present A (vii) clause, and redesignated former clauses A (vii) through (viii) as present clauses A (viii) through (ix).

The 2006 amendments. - The 2006 amendment by c. 847 inserted "provided that, in the City of Roanoke, provided the third notice required herein included an opportunity for the owner to be heard, the civil penalty may be imposed without further notice after the third notice for violation" in clause (vii) of the first sentence of subsection A.

CIRCUIT COURT OPINIONS

Virginia Public Procurement Act and waste removal services contracts. - Virginia Public Procurement Act (VPPA), § 2.2-4300 et seq., applied to a county's waste hauling services contracts as: (1) the VPPA regulated service contracts between nongovernmental parties and local governments under § 2.2-4303 ; (2) the VPPA's exemptions, §§ 2.2-4343 , 2.2-4344 , 2.2-4345 , 2.2-4346 , did not include waste removal services contracts; (3) the enabling statutes, §§ 15.2-927 , 15.2-928 , 15.2-930 , 15.2-931 , did not preempt the VPPA; (4) the public policy rationale of the enabling statutes did not make the VPPA inapplicable; and (5) the county's purchasing policy had not displaced the VPPA. Advanced Transp. & Logistics, Inc. v. Botetourt County, 77 Va. Cir. 164, 2008 Va. Cir. LEXIS 131 (Botetourt County 2008).

§ 15.2-929. Solid waste management facility siting approval.

1. Any locality may enact an ordinance regulating the siting of solid waste management facilities within its boundaries. The ordinance shall prescribe the criteria, form of application, and procedure, which shall include a public hearing, for siting approval. In establishing the criteria, the locality shall consider the potential effect of the siting of a solid waste management facility on the health, safety and welfare of the residents of the locality. Any person desiring to site a solid waste management facility within the boundaries of any locality which has adopted an ordinance pursuant to this section shall file its application with the governing body of the locality. Within 120 days of the receipt of an application which complies with the provisions of the ordinance, the governing body shall grant or deny siting approval. Failure to act within 120 days shall constitute a granting of siting approval.
2. Whenever any governing body denies siting approval, the applicant shall be entitled to appeal such decision to the circuit court of the jurisdiction denying siting approval.
3. Any person who has already been issued a permit to operate a solid waste management facility by the Department of Environmental Quality or has received zoning or other land use approval for the siting of the facility, prior to July 1, 1989, shall not be required to obtain siting approval for such solid waste management facility pursuant to the provisions of this section.

   (1989, c. 623, § 15.1-11.02; 1997, c. 587.)

Law review. - For survey on environmental law in Virginia for 1989, see 23 U. Rich. L. Rev. 625 (1989).

CIRCUIT COURT OPINIONS

City code not preempted by statute. - Chesapeake, Va., City Code § 62-88(7)(b) was not preempted by subsection C because, when read in context, subsection C was, in essence, a savings provision and did not preempt the city from regulating a power company's electric power plant on the basis that it was permitted; the General Assembly has not expressly preempted the field of waste management. Va. Elec. & Power Co. v. City of Chesapeake, 95 Va. Cir. 106, 2017 Va. Cir. LEXIS 7 (Chesapeake Jan. 27, 2017).

Landfill owners' demurrer was overruled because a city properly sought to enjoin their activities as a violation of a city ordinance since, inter alia, the court had subject matter jurisdiction, while the statutory stay might impose a procedural bar, it did not suggest that the stay was jurisdictional, the injunction remedy was in addition to those imposed by the ordinance, the statute authorized zoning ordinances related to excavation or mining of soil or natural resources and the city's ordinances related to the filling of borrow pits previously mined, and the city was not preempted from "regulating" a solid waste management facility. City of Chesapeake v. Thrasher,, 2020 Va. Cir. LEXIS 479 (Chesapeake Oct. 26, 2020).

§ 15.2-930. Regulation of garbage and refuse pickup and disposal services; contracting for such services.

1. Any locality may by ordinance impose license taxes upon and otherwise regulate the services rendered by any business engaged in the pickup and disposal of garbage, trash or refuse, wherein service will be provided to the residents of any such locality. Such regulation may include the delineation of service areas, the limitation of the number of persons engaged in such service in any such service area, including the creation of one or more exclusive service areas, and the regulation of rates of charge for any such service.

   Such locality is authorized to contract with any person, whether profit or nonprofit, for garbage and refuse pickup and disposal services in its respective jurisdiction.

2. Prior to enacting an ordinance pursuant to subsection A which displaces a private company engaged in the provision of pickup and disposal of garbage, trash or refuse in service areas, the governing body shall: (i) hold at least one public hearing seeking comment on the advisability of such ordinance; (ii) provide at least forty-five days' written notice of the hearing, delivered by first class mail to all private companies which provide the service in the locality and which the locality is able to identify through local government records; and (iii) provide public notice of the hearing. Following the final public hearing held pursuant to the preceding sentence, but in no event longer than one year after the hearing, a governing body may enact an ordinance pursuant to subsection A which displaces a private company engaged in the provision of pickup and disposal of garbage, trash or refuse in a service area if the ordinance provides that private companies will not be displaced until five years after its passage. As an alternative to delaying displacement five years, a governing body may pay a company an amount equal to the company's preceding twelve months' gross receipts for the displaced service in the displacement area. Such five-year period shall lapse as to any private company being displaced when such company ceases to provide service within the displacement area.

   For purposes of this section, "displace" or "displacement" means an ordinance prohibiting a private company from providing the service it is providing at the time a decision to displace is made. Displace or displacement does not mean: (i) competition between the public sector and private companies for individual contracts; (ii) situations where a locality or combination of localities, at the end of a contract with a private company, does not renew the contract and either awards the contract to another private company or, following a competitive process conducted in accordance with the Virginia Public Procurement Act, decides for any reason to contract with a public service authority established pursuant to the Virginia Water and Waste Authorities Act, or, following such competitive process, decides for any reason to provide such pickup and disposal service itself; (iii) situations where action is taken against a company because the company has acted in a manner threatening to the health and safety of the locality's citizens or resulting in a substantial public nuisance; (iv) situations where action is taken against a private company because the company has materially breached its contract with the locality or combination of localities; (v) situations where a private company refuses to continue operations under the terms and conditions of its existing agreement during the five-year period; (vi) entering into a contract with a private company to provide pickup and disposal of garbage, trash or refuse in a service area so long as such contract is not entered into pursuant to an ordinance which displaces or authorizes the displacement of another private company providing pickup and disposal of garbage, trash or refuse in such service area; or (vii) situations where at least fifty-five percent of the property owners in the displacement area petition the governing body to take over such collection service.

3. Any county with a population in excess of 800,000 may by ordinance provide civil penalties not exceeding $500 per offense for persons willfully contracting with a solid waste collector or collectors not licensed or permitted to perform refuse collection services within the county. For purposes of this section, evidence of a willful violation is the voluntary contracting by a person with a solid waste collector after having received written notice from the county that the solid waste collector is not licensed or permitted to operate within that county. Written notice may be provided by certified mail or by any appropriate method specified in Article 4 (§ 8.01-296 et seq.) of Chapter 8 of Title 8.01.
4. Fairfax County may by ordinance authorize the local police department to serve a summons to appear in court on solid waste collectors operating within that county without a license or permit. Each day the solid waste collector operates within the county without a license or permit is a separate offense, punishable by a fine of up to $500.

   (1968, c. 419, § 15.1-28.1; 1970, c. 219; 1978, c. 251; 1984, c. 763; 1994, c. 458; 1995, c. 660; 1997, c. 587; 2007, c. 813.)

Cross references. - As to the 1980, 1990, 2000 and 2010 United States Census population figures for counties and cities of the Commonwealth of Virginia, see the Appendix of Volume 3A Part 2.

Editor's note. - Acts 2007, c. 813, cl. 2 provides: "That the provisions of this act shall not affect the powers of any locality with respect to any ordinance, resolution or bylaw validly adopted and not repealed or rescinded prior to July 1, 2007."

The 2007 amendments. - The 2007 amendment by c. 813 subsituted "Fairfax County" for "Any county with a population in excess of 800,000" in subsection D.

CIRCUIT COURT OPINIONS

Virginia Public Procurement Act and Waste Removal Services Contracts. - Virginia Public Procurement Act (VPPA), § 2.2-4300 et seq., applied to a county's waste hauling services contracts as: (1) the VPPA regulated service contracts between nongovernmental parties and local governments under § 2.2-4303 ; (2) the VPPA's exemptions, §§ 2.2-4343 , 2.2-4344 , 2.2-4345 , 2.2-4346 , did not include waste removal services contracts; (3) the enabling statutes, §§ 15.2-927 , 15.2-928 , 15.2-930 , 15.2-931 , did not preempt the VPPA; (4) the public policy rationale of the enabling statutes did not make the VPPA inapplicable; and (5) the county's purchasing policy had not displaced the VPPA. Advanced Transp. & Logistics, Inc. v. Botetourt County, 77 Va. Cir. 164, 2008 Va. Cir. LEXIS 131 (Botetourt County 2008).

OPINIONS OF THE ATTORNEY GENERAL

County may require residents to give up private trash collection service and join the service provided by the county provided that the statutory notice, hearing and waiting period requirements are met, or 55 percent of the affected property owners petition the governing body to take over the collection service. See opinion of Attorney General to The Honorable Barbara J. Comstock, Member, House of Delegates, 10-072, 2010 Va. AG LEXIS 47 (8/12/10).

County may, but is not required to, allow residents to opt out of the public trash collection service and maintain a parallel private collection service. See opinion of Attorney General to The Honorable Barbara J. Comstock, Member, House of Delegates, 10-072, 2010 Va. AG LEXIS 47 (8/12/10).

§ 15.2-931. Regulation of garbage and refuse pickup and disposal services; contracting for such services in certain localities.

1. Localities may adopt ordinances requiring the delivery of all or any portion of the garbage, trash or refuse generated or disposed of within such localities to waste disposal facilities located therein, or to waste disposal facilities located outside of such localities if the localities have contracted for capacity at or service from such facilities. Such ordinances may not be adopted until the local governing body, following one or more public hearings, has made the following findings:
   1. That other waste disposal facilities, including privately owned facilities and regional facilities, are: (i) unavailable; (ii) inadequate; (iii) unreliable; or (iv) not economically feasible, to meet the current and anticipated needs of the locality for waste disposal capacity; and
   2. That the ordinance is necessary to ensure the availability of adequate financing for the construction, expansion or closing of the locality's facilities, and the costs incidental or related thereto. No ordinance adopted by a locality under this subsection shall prevent or prohibit the disposal of garbage, trash or refuse at any facility: (i) which has been issued a solid waste management facility permit by an agency of the Commonwealth on or before July 1, 1991; or (ii) for which a Part A permit application for a new solid waste management facility permit, including local governing body certification, was submitted to the Department of Waste Management in accordance with § 10.1-1408.1 B on or before December 31, 1991.
2. Localities may provide in any ordinance adopted under this section that it is unlawful for any person to dispose of his garbage, trash and refuse in or at any other place. No such ordinance making it unlawful to dispose of garbage, trash and refuse in any other place shall apply to the occupants of single-family residences or family farms disposing of their own garbage, trash or refuse if such occupants have paid the fees, rates and charges of other single-family residences and family farms in the same service area.

   No ordinance adopted under this section shall apply to garbage, trash and refuse generated, purchased or utilized by an entity engaged in the business of manufacturing, mining, processing, refining or conversion except for an entity engaged in the production of energy or refuse-derived fuels for sale to a person other than any entity controlling, controlled by or under the same control as the manufacturer, miner, processor, refiner or converter. Nor shall such ordinance apply to (i) recyclable materials, which are those materials that have been source-separated by any person or materials that have been separated from garbage, trash and refuse by any person for utilization in both cases as a raw material to be manufactured into a product other than fuel or energy, (ii) construction debris to be disposed of in a landfill, or (iii) waste oil. Such ordinances may provide penalties, fines and other punishment for violations.

   Such localities are authorized to contract with any person, whether profit or nonprofit, for garbage and refuse pickup and disposal services in their respective localities and to enter into contracts relating to waste disposal facilities which recover energy or materials from garbage, trash and refuse. Such contracts may make provision for, among other things, (i) the purchase by the localities of all or a portion of the disposal capacity of a waste disposal facility located within or outside the localities for their present or future waste disposal requirements, (ii) the operation of such facility by the localities, (iii) the delivery by or on behalf of the contracting localities of specified quantities of garbage, trash and refuse, whether or not such counties, cities, and towns collect such garbage, trash and refuse, and the making of payments in respect of such quantities of garbage, trash and refuse, whether or not such garbage, trash and refuse are delivered, including payments in respect of revenues lost if garbage, trash and refuse are not delivered, (iv) adjustments to payments made by the localities in respect of inflation, changes in energy prices or residue disposal costs, taxes imposed upon the facility owner or operator, or other events beyond the control of the facility operator or owners, (v) the fixing and collection of fees, rates or charges for use of the disposal facility and for any product or service resulting from operation of the facility, and (vi) such other provision as is necessary for the safe and effective construction, maintenance or operation of such facility, whether or not such provision displaces competition in any market. Any such contract shall not be deemed to be a debt or gift of the localities within the meaning of any law, charter provision or debt limitation. Nothing in the foregoing powers granted such localities includes the authority to pledge the full faith and credit of such localities in violation of Article X, Section 10 of the Constitution of Virginia.

   It has been and is continuing to be the policy of the Commonwealth to authorize each locality to displace or limit competition in the area of garbage, trash or refuse collection services and garbage, trash or refuse disposal services to provide for the health and safety of its citizens, to control disease, to prevent blight and other environmental degradation, to promote the generation of energy and the recovery of useful resources from garbage, trash and refuse, to protect limited natural resources for the benefit of its citizens, to limit noxious odors and unsightly garbage, trash and refuse and decay and to promote the general health and welfare by providing for adequate garbage, trash and refuse collection services and garbage, trash and refuse disposal services. Accordingly, governing bodies are directed and authorized to exercise all powers regarding garbage, trash and refuse collection and garbage, trash and refuse disposal notwithstanding any anti-competitive effect.

3. The following localities may by ordinance require the delivery of all or any portion of the garbage, trash and refuse generated or disposed of within such localities to waste disposal facilities located therein or to waste disposal facilities located outside of such localities if the localities have contracted for capacity at or service from such facilities: (i) Arlington County or the City of Alexandria, singly or jointly, two or all of such counties and cities; (ii) Fairfax County, Fauquier County, Loudoun County, Prince William County, or Stafford County and any town situated within or city wholly surrounded by any of such counties, singly or jointly, two or more of such localities, that have by resolution of the governing body committed the locality to own or operate a resource recovery waste disposal facility; and (iii) localities which are members of the Richmond Regional Planning District No. 15 or Crater Planning District No. 19, singly or jointly, two or more of such localities, that by ordinance of the governing body after a minimum of two public hearings, and after complying with applicable provisions of the Public Procurement Act (Chapter 43 (§ 2.2-4300 et seq.) of Title 2.2), have committed the locality to own, operate or contract for the operation of a resource recovery waste disposal facility. (1984, c. 763, § 15.1-28.01; 1987, c. 422; 1988, c. 264; 1991, cc. 521, 615; 1997, c. 587; 2007, c. 813.)

Editor's note. - Acts 1995, c. 660, cl. 2 provides: "That nothing in this act shall impair the authority of any county, city or town acting pursuant to § 15.1-28.01 [see now § 15.2-931 ] to require the delivery of all or any portion of the garbage, trash and refuse generated or disposed of within such counties, cities and towns to specific waste disposal facilities."

Acts 2007, c. 813, cl. 2 provides: "That the provisions of this act shall not affect the powers of any locality with respect to any ordinance, resolution or bylaw validly adopted and not repealed or rescinded prior to July 1, 2007."

The 2007 amendments. - The 2007 amendment by c. 813, in subsection C, substituted "Arlington County or the City of Alexandria" for "counties that have adopted the county manager plan of government and a city contiguous thereto having a 1980 population of more than 100,000" in clause (i) and substituted "Fairfax County, Fauquier County, Loudoun County, Prince William County, or Stafford County" for "counties with a 1980 population of more than 100,000 that have adopted the county executive form of government, any county contiguous to" in clause (ii).

Law review. - For comment, "Waste to Energy: Environmental and Local Government Concerns," see 19 U. Rich. L. Rev. 373 (1985).

§ 15.2-932. Authorization to enter into certain contracts for garbage and refuse pickup and disposal services; waste recovery facilities.

Any locality is authorized to contract with any person, whether profit or nonprofit, for garbage and refuse pickup and disposal services in its locality and to enter into contracts relating to waste disposal facilities which recover energy or materials from garbage, trash and refuse. Such contracts may make provision for, among other things, (i) the purchase by the locality of all or a portion of the disposal capacity of a waste disposal facility located within or outside the locality for its present or future waste disposal requirements, (ii) the operation of such facility by the locality, (iii) the delivery by or on behalf of the contracting locality of specified quantities of garbage, trash and refuse, whether or not such locality collects such garbage, trash and refuse, and the making of payments in respect of such quantities of garbage, trash and refuse, for such garbage, trash and refuse delivered, (iv) adjustments to payments made by the locality in respect of inflation, changes in energy prices or residue disposal costs, taxes imposed upon the facility owner or operator, or other events beyond the control of the facility operator or owners, (v) the fixing and collection of fees, rates or charges for use of the disposal facility and for any product or service resulting from operation of the facility, and (vi) such other provision as is necessary for the safe and effective construction, maintenance or operation of such facility, whether or not such provision displaces competition in any market. Any such contract shall not be deemed to be a debt or gift of the localities within the meaning of any law, charter provision or debt limitation. Nothing in the foregoing powers granted such locality shall include the authority to pledge the full faith and credit of such locality in violation of Article X, Section 10 of the Constitution of Virginia.

(1985, c. 558, § 15.1-28.02; 1997, c. 587.)

§ 15.2-933. Ordinances requiring delivery of garbage, trash and refuse to certain facilities; exceptions.

Any ordinance requiring the delivery of all or any portion of the garbage, trash or refuse generated or disposed of within a locality to waste disposal facilities located within or outside the locality, or otherwise prohibiting the disposal of garbage, trash and refuse in or at any other place other than that provided for the purpose, shall not apply to garbage, trash and refuse generated, purchased or utilized by an entity engaged in the business of manufacturing, mining, processing, refining or conversion except for an entity engaged in the production of energy or refuse-derived fuels for sale to a person other than any entity controlling, controlled by or under the same control as the manufacturer, miner, processor, refiner or converter. Nor shall such ordinance apply to (i) recyclable materials, which are those materials that have been source-separated by any person or materials that have been separated from garbage, trash and refuse by any person for utilization in both cases as a raw material to be manufactured into a new product other than fuel or energy, (ii) construction debris to be disposed of in a landfill or (iii) waste oil.

(1985, c. 558, § 15.1-28.03; 1997, c. 587.)

§ 15.2-934. Displacement of private waste companies.

No locality or combination of localities shall displace a private company providing garbage, trash or refuse collection service without first: (i) holding at least one public hearing seeking comment on the advisability of the locality or combination of localities providing such service; (ii) providing at least 45 days' written notice of the hearing, delivered by first class mail to all private companies that provide the service in the locality or localities and that the locality or localities are able to identify through local government records; (iii) providing public notice of the hearing; and (iv) making a written finding of at least one of the following: (a) adequate or sufficient privately-owned refuse collection and disposal services are not available; (b) the use of privately-owned and operated services has substantially endangered the public health or created a public nuisance; (c) privately-owned services, although available, are not able to provide needed services in a reasonable and cost-efficient manner; or (d) displacement is necessary to provide for the development or operation of a regional system of refuse collection or disposal for two or more localities. After making the findings required by this section, and not longer than one year after the final public hearing, the locality or combination of localities may proceed to take measures necessary to provide such service. A locality or combination of localities shall provide five years' notice to a private company before the locality or combination of localities engages in the actual provision of the service that displaces the company. As an alternative to delaying displacement five years, a locality or combination of localities may pay a displaced company an amount equal to the company's preceding 12 months' gross receipts for the displaced service in the displacement area. Such five-year period shall lapse as to any private company being displaced when such company ceases to provide service within the displacement area.

For purposes of this section, "displace" or "displacement" means a locality's or a combination of localities' provision of a service which prohibits a private company from providing the same service and which the company is providing at the time the decision to displace is made. Displace or displacement does not mean: (i) competition between the public sector and private companies for individual contracts; (ii) situations where a locality or combination of localities, at the end of a contract with a private company, does not renew the contract and either awards the contract to another private company or, following a competitive process conducted in accordance with the Virginia Public Procurement Act, decides for any reason to contract with a public service authority established pursuant to the Virginia Water and Waste Authorities Act, or, following such competitive process, decides for any reason to provide such collection service itself; (iii) situations where action is taken against a private company because the company has acted in a manner threatening to the health and safety of a locality's citizens or resulting in a substantial public nuisance; (iv) situations where action is taken against a private company because the company has materially breached its contract with the locality or combination of localities; (v) situations where a private company refuses to continue operations under the terms and conditions of its existing agreement during the five-year notice period; (vi) entering into a contract with a private company to provide garbage, trash or refuse collection so long as such contract is not entered into pursuant to an ordinance which displaces or authorizes the displacement of another private company providing garbage, trash or refuse collection; or (vii) situations where at least 55% of the property owners in the displacement area petition the governing body to take over such collection service.

(1995, c. 660, § 15.1-28.04; 1997, c. 587; 2006, c. 74.)

The 2006 amendments. - The 2006 amendment by c. 74, in the first paragraph, substituted "that" for "which" twice in clause (ii), added clause (iv); in the second sentence substituted "After making the findings required by this section, and not" for "Following the final public hearing held pursuant to the preceding sentence, but in no event" and inserted "final public"; and made minor stylistic changes.

OPINIONS OF THE ATTORNEY GENERAL

County may require residents to give up private trash collection service and join the service provided by the county provided that the statutory notice, hearing and waiting period requirements are met, or 55 percent of the affected property owners petition the governing body to take over the collection service. See opinion of Attorney General to The Honorable Barbara J. Comstock, Member, House of Delegates, 10-072, 2010 Va. AG LEXIS 47 (8/12/10).

County may, but is not required to, allow residents to opt out of the public trash collection service and maintain a parallel private collection service. See opinion of Attorney General to The Honorable Barbara J. Comstock, Member, House of Delegates, 10-072, 2010 Va. AG LEXIS 47 (8/12/10).

§ 15.2-935. Authority to prohibit placement of leaves or grass clippings in landfills.

1. Any locality may by ordinance prohibit the disposal of leaves or grass clippings in any privately operated landfill within its jurisdiction, provided such locality has implemented a composting program which is capable of handling all leaves and grass clippings generated within the jurisdiction. However, no such ordinance shall contain provisions which penalize anyone other than the initial generator of such leaves or grass clippings.
2. For purposes of this section, the term "composting" means the manipulation of the natural aerobic process of decomposition of organic materials to increase the rate of decomposition.
3. Nothing in this section shall be construed to prohibit any locality from prohibiting the disposal of leaves and grass clippings in any public landfill which it operates if that locality has implemented a composting program which is capable of handling all leaves and grass clippings generated within its jurisdiction.

   (1990, c. 172, § 15.1-11.5:1; 1992, c. 638; 1997, c. 587.)

§ 15.2-936. Garbage and refuse disposal; fee exemption.

Persons may be exempted, deferred, or charged a lesser amount by a locality from paying any charges and fees authorized by any law for the collection and disposal of garbage and refuse. Ordinances providing for such exemptions, deferrals or charges of lesser amounts may be conditioned upon only the income criteria as provided by § 58.1-3211 as in effect on December 31, 2010.

(1992, cc. 197, 458, § 15.1-11.04; 1993, cc. 643, 651; 1997, c. 587; 2011, cc. 438, 496.)

Editor's note. - Acts 1992, c. 458, which enacted the former comparable version of this section, in cl. 2 provides that the 1992 act shall have no effect on ordinances or resolutions of local governments adopted prior to January 1, 1992, which grant exemptions or deferrals from the payment of charges or fees for the collection and disposal of garbage and refuse.

Acts 2011, cc. 438 and 496, cl. 3 provides: "That the provisions of this act shall be effective for tax years beginning on or after January 1, 2011."

The 2011 amendments. - The 2011 amendments by cc. 438 and 496 are identical, effective March 24, 2011, and effective for tax years beginning on or after January 1, 2011, added "as in effect on December 31, 2010" at the end.

§ 15.2-937. Separation of solid waste.

1. Any locality may by ordinance require any person to separate solid waste for collection and recycling. Any such ordinance shall specify the type of materials to be separated. No such ordinance shall affect the right of any person to sell or otherwise dispose of waste material as provided in § 15.2-933 or permitted under any other law of the Commonwealth, nor shall any such ordinance impose any liability upon any apartment or commercial office building owner or manager for failure of tenants to comply with any provisions of the ordinance adopted pursuant to this section or upon any waste hauler for failure of its customers to comply with such ordinance. No such ordinance shall impose criminal penalties for failure to comply with its provisions; however, such ordinance may prescribe civil penalties for violations of the provisions of the ordinance.
2. Any locality may by ordinance provide for the reasonable inspection at any landfill within their jurisdiction of any tractor truck semitrailer combination with five or more axles transporting solid waste to any landfill within their jurisdiction to ensure separation of such solid waste in accordance with all applicable state laws and regulations. In enforcing such ordinance, there shall be a rebuttable presumption that solid waste transported from any jurisdiction which has comparable requirements for waste recycling is in compliance with such ordinance.
3. For purposes of this section, the term "recycling" has the meaning ascribed to it in § 10.1-1414 . (1988, c. 373, § 15.1-11.5; 1990, cc. 608, 961; 1992, c. 638; 1997, c. 587.)

§ 15.2-938. Preference for purchase of recycled paper and paper products.

1. Any locality may by ordinance require that in determining the award of any contract for paper or paper products to be purchased for use by any division, department, or agency of such locality, the purchasing agent for such locality shall procure using competitive sealed bidding and shall award to the lowest responsible bidder offering recycled paper or paper products of a quality suitable for the purpose intended, so long as the bid price is not more than ten percent greater than the bid price of the low responsive and responsible bidder offering a product that does not qualify under subsection B of this section.
2. For purposes of this section, recycled paper and paper products means any paper and paper products meeting the EPA Recommended Content Standards as defined in former 40 C.F.R. Part 247.

   (1990, cc. 449, 857, § 15.1-11.5:01; 1997, c. 587.)

Editor's note. - At the direction of the Virginia Code Commission, "former 40 C.F.R. Part 247" was substituted for "40 C.F.R. Part 250" in subsection B.

§ 15.2-939. Ordinances requiring recycling reports.

Any locality may by ordinance require all nonresidential solid waste generators and companies that manage solid waste or recycle materials generated within its jurisdiction to annually report such nonproprietary information regarding waste generation, waste management, and recycling as is necessary to facilitate compliance with regulations adopted pursuant to § 10.1-1411 . Any report required under this section shall be based on volume or weight, provided that where such measurements cannot be accurately determined, the report may be based on carefully estimated data.

(1990, cc. 540, 563, § 15.1-11.5:2; 1997, c. 587.)

§ 15.2-940. Expenditures for promoting resources and advantages of locality.

Any locality may, in its discretion, expend funds from the locally derived revenues of the locality for the purpose of promoting the resources and advantages of the locality. Such purpose shall include, without limiting the generality thereof, watershed projects and expenditures in connection therewith.

(Code 1950, §§ 15-11 through 15-13; 1952, c. 117; 1956, c. 25; 1960, cc. 168, 176; 1962, c. 623, § 15.1-10; 1994, c. 593; 1997, c. 587.)

OPINIONS OF THE ATTORNEY GENERAL

Locality may provide funds raised through taxation to certain nonprofit organizations. - Locality may provide funds raised through taxation to nonprofit organizations like the Virginia Association of Counties or the Virginia Municipal League. There is nothing in the Virginia Constitution that would prohibit a locality from doing so, and the General Assembly has provided ample statutory authority for a locality to do so. See opinion of Attorney General to The Honorable Mark L. Cole, Member, House of Delegates, 12-041, 2012 Va. AG LEXIS 26 (6/29/2012).

§ 15.2-941. Participation by local government in certain loan programs.

Any locality or other political subdivision may participate in a program known as the "Virginia Shell Building Initiative." It is the intent of the General Assembly that this program, administered by the Virginia Economic Development Partnership, make available moneys to any locality or any other political subdivision for the express purpose of constructing industrial shell buildings, or renovating existing buildings, to be sold or leased at public or private sale to any person that will locate thereon any manufacturing, processing, technology-related or similar establishment.

Prior to filing an application with the Authority to participate in this program, the governing body shall hold a public hearing on the application and disposal of the proposed industrial shell buildings and related real estate. This public hearing process shall fulfill the public hearing requirements for the disposal of property set forth in § 15.2-1800 .

(1989, c. 285, § 15.1-18.4; 1996, cc. 590, 598; 1997, c. 587; 2001, c. 66.)

The 2001 amendments. - The 2001 amendment by c. 66, in the first paragraph, inserted "It is the intent of the General Assembly that," substituted "make" for "makes," inserted "or renovating existing buildings," and inserted "technology-related."

§ 15.2-941.1. Creation of abandoned school revitalization zones.

1. Any locality may establish by ordinance one or more abandoned school revitalization zones for the purpose of providing incentives to private entities to purchase or develop real property or to assemble parcels suitable for economic development that include an abandoned school site. Each locality establishing an abandoned school revitalization zone may grant incentives and provide regulatory flexibility.
2. The incentives provided for in this section may include, but shall not be limited to, (i) reduction of permit fees, (ii) reduction of user fees, (iii) reduction of any type of gross receipts tax or any other type of local tax as permitted by state law, and (iv) waiver of tax liens to facilitate the sale of property, if deemed appropriate.
3. Incentives established pursuant to this section may extend for a period of up to 10 years from the date of initial establishment of the abandoned school revitalization zone; however, the extent and duration of any incentive shall conform to the requirements of applicable federal and state law.
4. The regulatory flexibility provided in an abandoned school revitalization zone may include (i) special zoning for the district; (ii) the use of a special permit process; (iii) exemption from certain specified ordinances, excluding ordinances or provisions of ordinances adopted pursuant to the requirements of the Erosion and Sediment Control Law (§ 62.1-44.15:51 et seq.) and the Virginia Stormwater Management Act (§ 62.1-44.15:24 et seq.); and (iv) any other incentives adopted by ordinance, which shall be binding upon the locality for a period of up to 10 years.
5. The governing body may establish a service district for the provision of additional public services pursuant to Chapter 24 (§ 15.2-2400 et seq.).
6. A school located in an abandoned school revitalization zone shall be eligible for participation in the Virginia Shell Building Initiative pursuant to § 15.2-941 .
7. This section shall not authorize any local government powers that are not expressly granted herein.
8. Prior to adopting or amending any ordinance pursuant to this section, a locality shall provide for notice and public hearing in accordance with subsection A of § 15.2-2204 . (2018, cc. 498, 499.)

§ 15.2-942. Local government participation in certain events.

Any locality may provide for the re-creation and portrayal of important historical or cultural events associated with or which have taken place within the locality. Such locality may:

1. Enter into agreements with public or private nonprofit organizations to stage and promote such events;
2. Charge admission to such events, permit street vending, the sale of food, beverages, and merchandise related to and compatible with the objectives of the public celebration arranged for such events, or to delegate to such organizations the authority to do so;
3. Delegate to such organizations the collection of license fees from vendors;
4. Require a surety bond adequate to protect the public interest;
5. Restrict traffic on designated streets for the duration of the events; and
6. Make gifts by ordinance to such organizations from its treasury in furtherance of the re-creation and portrayal of such important historical or cultural events.

   (1984, c. 588, § 15.1-28.6; 1997, c. 587.)

§ 15.2-943. Operation and maintenance of living historical farm museums.

1. The General Assembly finds that there is a public interest in encouraging the development of living historical farm museums to preserve for posterity living examples of earlier farm operation and farm life in Virginia. Such living historical farm museums lead to respect for the past, the education of the young and also serve as tourist attractions in the Commonwealth.
2. A "living historical farm museum," for the purposes of this section, shall be a nonprofit corporation or association dedicating no less than five acres for the sole purpose of portraying by restoration, preservation or reconstruction of farm operation and farm life, including milling, of a selected period in the agricultural history of Virginia. The requirement that the museum shall be nonprofit shall not prevent the museum from charging admittance fees adequate to cover costs of operation and maintenance.
3. Any locality may provide, by appropriate ordinance, that whenever a person dedicates five or more acres to a nonprofit corporation or association dedicated solely for the purpose of organizing, operating, and maintaining a living historical farm museum, such person may be authorized to build and maintain such structures for the living historical farm museum as will be used in the operation, maintenance and support of such museum, subject, however, to any provisions of any zoning or planning ordinance of such locality.

   (1973, c. 332, § 15.1-18.1:1; 1997, c. 587.)

§ 15.2-943.1. Creation of arts and cultural districts.

1. Any locality, or combination of localities, may by ordinance, or in the case of multiple localities by substantially similar ordinances, establish within the boundaries of such localities one or more arts and cultural districts for the purpose of increasing awareness and support for the arts and culture in the locality. The locality may provide incentives for the support and creation of arts and cultural venues in each district. The locality may also grant tax incentives and provide certain regulatory flexibility in each arts and cultural district.
2. The tax incentives for each district may be provided for up to 10 years and may include, but not be limited to, (i) reduction of permit fees, (ii) reduction of user fees, (iii) reduction of any type of gross receipts tax, and (iv) rebate of real estate property taxes. The extent and duration of such incentive proposals shall conform to the requirements of the Constitutions of Virginia and of the United States.
3. Each locality may also provide for regulatory flexibility in each district that may include, but not be limited to, (i) special zoning for the district, (ii) permit process reform, (iii) exemption from ordinances, and (iv) any other incentive adopted by ordinance, which shall be binding upon the locality for a period of up to 10 years.

   (2018, c. 396.)

Editor's note. - Acts 2018, c. 396, cl. 3 provides: "That the provisions of this act are declaratory of existing law."

Acts 2018, c. 396, cl. 4 provides: "That the provisions of the second enactment of this act shall not affect the powers of any locality that has adopted an ordinance pursuant to § 15.2-1129.1 of the Code of Virginia prior to the effective date of this act [July 1, 2018]."

§ 15.2-944. Authority to acquire and preserve places and things of historical interest.

Any locality may acquire, except by condemnation, sites, landmarks, structures and records of historical interest and value to the Commonwealth and may restore and preserve them, or may convey them to a nonstock corporation chartered under Virginia law for the purposes of acquiring and preserving such places and things. A locality may appropriate money to any such corporation.

(Code 1950, § 15-7.3; 1962, c. 333, § 15.1-18.1; 1997, c. 587.)

Law review. - For note, "Planning for Preservation in Virginia," see 51 Va. L. Rev. 1214 (1965).

CIRCUIT COURT OPINIONS

Subject property not real estate. - Sustaining the farm's demurrer was appropriate pursuant to §§ 15.2-944 and 15.2-1901.1 because the train depot was personal property able to be moved by its owner to another location at any time. Therefore, the subject property was not real estate. Town of Rural Retreat v. Huckleberry Farms, LLC,, 2010 Va. Cir. LEXIS 40 (Wythe County Mar. 15, 2010).

§ 15.2-944.1. Notification prior to sale or transfer of ownership of certain historic properties.

1. Any charitable or civic organization or museum that (i) has been granted tax exempt status under § 501(c)(3) of the Internal Revenue Code; (ii) owns real property that is designated as historic under a local zoning ordinance or meets the criteria for a historic area under § 15.2-2201 ; and (iii) is operating that property as a historic attraction open to the public for interpretation for more than 100 days per year, shall notify in writing the locality's chief administrative officer, the Department of Historic Resources, and the Office of Attorney General of its intent to sell or transfer ownership of such property.
2. Such notification shall be provided at least ninety days prior to the public offering for sale of such property, or if no public offering is made, at least ninety days prior to the acceptance of a purchase offer for such property.
3. The notification required pursuant to subsection A shall be waived where (i) only a portion of the property is sold or transferred and the portion that is not sold or transferred remains open to the public at least 100 days a year; (ii) the property is being transferred to another owner who has been granted tax exempt status under § 501(c)(3) of the Internal Revenue Code and the property remains open to the public at least 100 days a year; or (iii) an easement, right-of-way, or leasehold interest in the property is being sold or transferred and the property remains open to the public at least 100 days a year.
4. Failure to provide the notification required by this section shall not be the basis for invalidation of any sale, but may subject the terms of the sale to special review by the locality or the Attorney General to ensure that such sale has not resulted in a violation of any public law or charitable trust obligation by the transferring organization or entity.

   (2001, c. 780.)

§ 15.2-945. Acquisition and housing of relics, paintings, carvings, sculpture and other works of art.

The governing body of any locality may enter into agreements with appropriate authorities or agencies, acting under legislation enacted by the Congress of the United States, or with any person to provide and secure for such locality such relics and such paintings, carvings, sculpture and other works of art as may be specified in such agreements and may appropriate buildings to house them. For such purposes the governing body, notwithstanding any provision of Chapter 18 (§ 15.2-1800 et seq.) or this chapter to the contrary, may furnish such materials, services and supplies and appropriate and expend from the general funds of such locality such moneys as the governing body deems proper.

(Code 1950, § 15-706; 1962, c. 623, § 15.1-281; 1997, c. 587.)

§ 15.2-946. Regulation of tour guides and tourist guides.

Any locality may, before issuing any license to do business as a tour guide or tourist guide, require that an applicant for such license take and pass an examination to determine the fitness of such person as to his knowledge of the history of the locality and of the historical and tourist attractions located therein.

(1984, c. 675, § 15.1-28.7; 1997, c. 587.)

§§ 15.2-946.1 through 15.2-946.4.

Expired.

Editor's note. - Acts 2000, c. 815, cl. 2 provides: "That the preparation of the guidelines by the Secretary of Commerce and Trade shall be exempt from the requirements of Article 2 ( § 9-6.14:7.1 et seq.) of the Administrative Process Act. In developing the guidelines, the Secretary shall consider the net present value of benefits to the Commonwealth as defined in § 2.1-548.43:2. The Senate Finance and House Appropriations Committees shall review the guidelines before any final or revised guidelines are issued. Initial guidelines shall be submitted by the Secretary by November 1, 2000."

Acts 2000, c. 815, which enacted these sections, cl. 3, provides: "That the provisions of this act shall expire on June 30, 2004. However, any grants made under this act prior to such date that are scheduled to be paid to eligible localities after such date shall be paid in full by the Commonwealth."

§ 15.2-947. Systems of public transportation for certain counties or cities.

Notwithstanding any other provision of law, the governing body of any county or city not a member of a transportation district, upon finding a need for a system of public transportation and the inability of the governing body to reach a reasonable agreement for membership with an existing transportation district, may create, operate, maintain or contract for a system of public transportation to be operated in such county or city for the safety, comfort and convenience of the public. The governing body of any such county or city providing a system of public transportation or desiring to provide such a system may contract with any authority providing public transportation in contiguous localities for transportation services or the interchange of passengers for the purpose of providing continuous service between localities.

(1974, c. 325, § 15.1-526.2; 1975, c. 404; 1997, c. 587.)

§ 15.2-948. Locality may designate continuing source of revenue for mass transit.

The governing body of any locality may, within the limits permitted by the Constitution, designate any of its continuing sources of revenue, or portions thereof, as a stable and reliable source of revenue to pay its mass transit operating and debt service expenses to the extent that such designation is required by the United States as a prerequisite pursuant to Public Law 96-184 to the provision of funds for mass transit construction and debt service which benefits any such locality.

(1980, c. 226, § 15.1-37.3:5; 1997, c. 587.)

§ 15.2-949. Shared ride taxi systems, etc.; nonprofit vanpools.

As used herein, "shared ride taxi system" means a transportation system which employs taxicab-type vehicles or other motor vehicles which can carry no more than six passengers, and which attempts to arrange for use of such vehicles by more than one passenger per trip.

Notwithstanding any other provision of law to the contrary, any locality which is a member of any transportation district may, with the concurrence of the transportation district commission that there is a need for a shared ride taxi system and the unavailability of adequate existing public transportation or public transportation proposed to be available within a reasonable period of time, construct, finance, purchase, operate, maintain or contract for a shared ride taxi system to be operated in such locality for the health, safety, welfare, comfort and convenience of the public. Such system may be financed from general revenues or funds received from the United States government, from the Commonwealth or any other source. Such system or the equipment and property needed for such system may also be constructed or purchased from proceeds of bonds which may be issued pursuant to the Public Finance Act (§ 15.2-2600 et seq.). Rates may be charged for the use of the system in such amount as the governing body of the locality deems reasonable, and different rates may be charged to different reasonable classifications of users.

The need for a shared ride taxi system and the unavailability of adequate existing or proposed public transportation may be based on the lack of such system or on the lack of such system at such user rates as will promote the health, safety, welfare, comfort and convenience of the public. Contracts may be made with existing or proposed shared ride taxi systems, both publicly and privately owned, for the subsidy of all users or groups of users.

In the administration of this section, private carriers are preferred over public ownership or operation; therefore, before any such locality undertakes to establish and operate its own transportation system which uses taxis or other similar vehicles, it shall first make a bona fide attempt to enter into contracts with existing privately owned taxi businesses. If such locality cannot reach a reasonable agreement within an equitable period of time, then it may by ordinance proceed to establish and operate its own system.

In lieu of establishing a shared ride taxi system, such a locality may provide financial subsidies, low-interest or interest-free loans, or tax incentives to assist with the capital costs involved in the establishment of nonprofit vanpools meeting the definition of ridesharing arrangements set forth in § 46.2-1400 .

Any such locality shall have all powers necessary or convenient to carry out any of the foregoing powers.

(1976, c. 303, § 15.1-37.3:3; 1988, c. 109; 1997, c. 587; 2002, c. 337.)

The 2002 amendments. - The 2002 amendment by c. 337 deleted "or a ridesharing arrangement as defined in § 46.2-1188 " preceding "to be operated in such locality" near the end of the first sentence of the second paragraph, and added the present fifth paragraph.

§ 15.2-950. Appropriations.

A locality may make appropriations for the purposes for which it is empowered to levy taxes and make assessments, for the support of the locality, for the performance of its functions, and the accomplishment of all other lawful purposes and objectives, subject to such limitations as may be imposed by law.

(Code 1950, § 15-77.6; 1958, c. 328; 1962, c. 623, § 15.1-842; 1997, c. 587.)

OPINIONS OF THE ATTORNEY GENERAL

Locality may provide funds raised through taxation to certain nonprofit organizations. - Locality may provide funds raised through taxation to nonprofit organizations like the Virginia Association of Counties or the Virginia Municipal League. There is nothing in the Virginia Constitution that would prohibit a locality from doing so, and the General Assembly has provided ample statutory authority for a locality to do so. See opinion of Attorney General to The Honorable Mark L. Cole, Member, House of Delegates, 12-041, 2012 Va. AG LEXIS 26 (6/29/2012).

School resource officers for the county's private schools. - The local board of supervisors may provide school resource officers for the county's private schools as well as the county's public schools. See opinion of Attorney General to the Honorable Michael W. Taylor, Sheriff, Pittsylvania County, 13-042, 2013 Va. AG LEXIS 60 (7/19/13). But see opinion 19-005, 2019 Va. AG LEXIS 26 (8/23/19), which states that to the extent this conclusion is inconsistent with that of a prior opinion of the Attorney General, the conclusion of the prior opinion is overruled.

A sheriff is not authorized to assign on-duty deputies to provide dedicated security for a private school, but a locality may adopt an ordinance that allows deputy sheriff's to engage in off-duty employment that occasionally requires the exercise of police powers. Then under such an ordinance, a private school may employ off-duty deputy sheriff's to provide security at the school, subject to rules as may be adopted by the locality or promulgated by the sheriff pursuant to § 15.2-1712 . See opinion of Attorney General to The Honorable David L. Doughty Jr., Northampton County Sheriff, 19-005, 2019 Va. AG LEXIS 26 (8/23/19).

§ 15.2-951. Acquisition, disposition and use of personal property by localities generally.

Localities, for the purposes of exercising any of their powers and duties and performing any of their functions, may acquire by gift, bequest, purchase, lease, or installment purchase contract; and may own and make use of and may grant security interests in, sell and otherwise dispose of, within and outside the localities, personal property, including any interest, right or estate therein. In addition, localities may sell and otherwise dispose of surplus materials, as defined in § 2.2-1124 , by public sale or auction, including online public auction, provided that such sale or auction conforms with the procedures set forth in subdivisions B 3 through B 5 and subdivision B 8 of § 2.2-1124 . In any instance where personal property in any of the following categories: school or transit bus fleet, vehicle fleet, or road construction equipment is sold with the intent to lease back the property, when the value of the proposed sale amount exceeds $2,000,000 approval by the governing body, after notice and a public hearing, shall be required. The public hearing shall be advertised once in a newspaper having general circulation in the locality at least seven days prior to the date set for the hearing. Any debt incurred by a municipality pursuant to the provisions of this section shall be subject to the limitations imposed by Article VII, Section 10 of the Constitution of Virginia.

(1986, c. 573, § 15.1-526.4; 1988, c. 810; 1989, c. 340, § 15.1-29.17; 1997, c. 587; 2005, c. 531; 2006, cc. 468, 493.)

The 2005 amendments. - The 2005 amendment by c. 531 added the second and next-to-last sentences.

The 2006 amendments. - The 2006 amendments by cc. 468 and 493 are identical, and inserted the second sentence.

Research References. - Virginia Forms (Matthew Bender). No. 8A-1306 Resolution of Public Body Corporation to Enter into Consumer Lease/Option to Purchase.

§ 15.2-952. Political subdivisions may acquire property from United States.

Notwithstanding the provisions of any charter or any ordinance, any locality, sanitary district or other political subdivision may, by ordinance or resolution, authorize the acquisition and purchase from the United States of America, or any agency thereof, whether now existing or hereafter created, of any equipment, supplies, materials or other property, real or personal, in such manner as such governing body may determine.

It is the purpose of this section to enable any political subdivision of this Commonwealth to secure from time to time promptly the benefits of acquisition and purchases as authorized by this section, to aid them in securing advantageous purchases, to prevent unemployment and thereby to assist in promotion of public welfare and to these ends such political subdivisions may do all things necessary or convenient to carry out such purpose, in addition to the expressed power conferred by this section. This section is remedial in nature and the powers hereby granted shall be liberally construed.

(Code 1950, § 15-24; 1962, c. 623, § 15.1-32; 1997, c. 587.)

§ 15.2-953. Donations to charitable institutions and associations, volunteer and nonprofit organizations, chambers of commerce, etc.

1. Any locality may make appropriations of public funds, of personal property or of any real estate and donations to the Virginia Indigent Health Care Trust Fund and to any charitable institution or association, located within their respective limits or outside their limits if such institution or association provides services to residents of the locality; however, such institution or association shall not be controlled in whole or in part by any church or sectarian society. The words "sectarian society" shall not be construed to mean a nondenominational Young Men's Christian Association, a nondenominational Young Women's Christian Association, Habitat for Humanity, or the Salvation Army. Nothing in this section shall be construed to prohibit any county or city from making contracts with any sectarian institution for the care of indigent, sick or injured persons.
2. Any locality may make gifts and donations of property, real or personal, or money to (i) any charitable institution or nonprofit or other organization providing housing for persons 60 years of age or older or operating a hospital or nursing home; (ii) any association or other organization furnishing voluntary firefighting services; (iii) any nonprofit or volunteer emergency medical services agency, within or outside the boundaries of the locality; (iv) any nonprofit recreational association or organization; (v) any nonprofit organization providing recreational or daycare services to persons 65 years of age or older; or (vi) any nonprofit association or organization furnishing services to beautify and maintain communities or to prevent neighborhood deterioration. Gifts or donations of property, real or personal, or money by any locality to any nonprofit association, recreational association, or organization described in provision (iv), (v), or (vi) may be made provided the nonprofit association, recreational association, or organization is not controlled in whole or in part by any church or sectarian society. Donations of property or money to any such charitable, nonprofit or other hospital or nursing home, institution or organization or nonprofit recreational associations or organizations may be made for construction purposes, for operating expenses, or both.

   A locality may make like gifts and donations to chambers of commerce which are nonprofit and nonsectarian.

   A locality may make like gifts, donations and appropriations of money to industrial development authorities for the purposes of promoting economic development.

   A locality may make like gifts and donations to any and all public and private nonprofit organizations and agencies engaged in commemorating historical events.

   A locality may make like gifts and donations to any nonprofit organization that is exempt from taxation under § 501(c)(3) of the Internal Revenue Code that is engaged in providing energy efficiency services or promoting energy efficiency within or without the boundaries of the locality.

   A locality may make like gifts and donations to any nonprofit organization that is exempt from taxation under § 501(c)(3) of the Internal Revenue Code that is engaged in providing emergency relief to residents, including providing the repair or replacement of private property damaged or destroyed by a natural disaster.

   A locality may make like gifts and donations to nonprofit foundations established to support the locality's public parks, libraries, and law enforcement. For the purposes of this paragraph, "donations" to any such foundation shall include the lawful provision of in-kind resources.

   A locality may make monetary gifts, donations, and appropriations of money to a public institution of higher education in the Commonwealth that provides services to such locality's residents.

   Public library materials that are discarded from their collections may be given to nonprofit organizations that support library functions, including, but not limited to, friends of the library, library advisory boards, library foundations, library trusts and library boards of trustees.

3. Any locality may make gifts and donations of personal property and may deliver such gifts and donations to another governmental entity in or outside of the Commonwealth within the United States.
4. Any locality may by ordinance provide for payment to any volunteer emergency medical services agency that meets the required minimum standards for such volunteer emergency medical services agency set forth in the ordinance a sum for each rescue call the volunteer emergency medical services agency makes for an automobile accident in which a person has been injured on any of the highways or streets in the locality. In addition, unless otherwise prohibited by law, any locality may make appropriations of money to volunteer fire companies or any volunteer emergency medical services agency in an amount sufficient to enroll any qualified member of such volunteer fire company or emergency medical services agency in any program available within the locality intended to defray out-of-pocket expenses for transportation by an emergency medical services vehicle.
5. For the purposes of this section, "donations" shall include the lawful provision of in-kind resources for any event sponsored by the donee and, with respect to any association or other organization furnishing voluntary firefighting services or a nonprofit or volunteer emergency medical services agency, the provision of in-kind resources for contract management services for capital projects; assistance in preparing requests for information, bids, or proposals; and budgeting services.
6. Nothing in this section shall be construed to obligate any locality to appropriate funds to any entity. Such charitable contribution shall be voluntary.

   (Code 1950, §§ 15-16, 15-16.1, 15-16.2; 1952, c. 381; 1959, Ex. Sess., c. 36; 1960, cc. 50, 225, 453; 1962, c. 623, §§ 15.1-24, 15.1-25, 15.1-26; 1964, c. 32; 1974, c. 514; 1994, cc. 254, 317; 1995, c. 333; 1997, c. 587; 1998, c. 376; 1999, c. 430; 2003, c. 182; 2004, c. 272; 2005, c. 327; 2006, c. 118; 2007, cc. 292, 592, 641; 2008, cc. 612, 632; 2010, cc. 509, 600; 2014, c. 711; 2015, cc. 502, 503; 2020, cc. 439, 440.)

Cross references. - For constitutional authority, see Va. Const., Art. IV, § 16.

Editor's note. - At the direction of the Virginia Code Commission, "public institution of higher education in the Commonwealth that" was substituted for "state college or university which" in the next to last paragraph of subsection B and made a minor stylistic change to conform to Acts 2016, c. 588.

The 1998 amendments. - The 1998 amendment by c. 376, in subsection A, in the second sentence, deleted "or" following "Young Men's Christian Association," and added "or the Salvation Army."

The 1999 amendment added the last paragraph of subsection B.

The 2003 amendments. - The 2003 amendment by c. 182 substituted "60" for "sixty" in subdivision B; and added the last sentence of subsection C.

The 2004 amendments. - The 2004 amendment by c. 272 inserted clause (v) in the first sentence of subsection B; and made minor stylistic changes.

The 2005 amendments. - The 2005 amendment by c. 327 inserted "Habitat for Humanity" in the next-to-last sentence of subsection A; and made related changes.

The 2006 amendments. - The 2006 amendment by c. 118 added the last paragraph in subsection B.

The 2007 amendments. - The 2007 amendment by c. 292, in subsection A, inserted "and donations" in the first sentence; added subsection D [now E] and redesignated remaining subsections accordingly.

The 2007 amendments by cc. 592 and 641 are identical, and added present subsection C and redesignated remaining subsections accordingly.

The 2008 amendments. - The 2008 amendment by c. 612, in the first paragraph of subsection B, added clause (vi) and made related changes in the first sentence; substituted "Gifts or donations of property, real or personal, or money by any locality to any nonprofit association, recreational association, or organization described in provision (iv), (v), or (vi) may be made" for "in provision (iv), or (v)" in the second sentence.

The 2008 amendment by c. 632 added the fifth paragraph in subsection B.

The 2010 amendments. - The 2010 amendments by cc. 509 and 600 are identical, and added the fifth paragraph in subsection B.

The 2014 amendments. - The 2014 amendment by c. 711, in subsection B, added the sixth paragraph.

The 2015 amendments. - The 2015 amendments by cc. 502 and 503 are identical, and in subsection B, substituted "firefighting" for "fire-fighting" in clause (ii), "or volunteer emergency medical services agency" for "lifesaving crew or lifesaving organization, or rescue squad" in clause (iii), "any nonprofit recreational association or organization" for "nonprofit recreational associations or organizations" in clause (iv); in subsection D, substituted "emergency medical services agency" for "rescue squad" or variants throughout the subsection, added "any volunteer" following "fire companies or," and substituted "transportation by an emergency medical services vehicle" for "emergency ambulance transportation"; and made minor stylistic changes.

The 2020 amendments. - The 2020 amendments by cc. 439 and 440 are identical, and added "and, with respect to any association or other organization furnishing voluntary firefighting services or a nonprofit or volunteer emergency medical services agency, the provision of in-kind resources for contract management services for capital projects; assistance in preparing requests for information, bids, or proposals; and budgeting services" to subsection E.

Law review. - For Survey article, see "Civil Practice and Procedure," 48 U. Rich. L. Rev. 1 (2013).

§ 15.2-954. Loans to volunteer firefighting and rescue organizations.

Any locality may make loans of money appropriated from public funds to any nonprofit organization furnishing firefighting or rescue services for the construction of facilities or the acquisition of equipment that is to be used for the purpose of providing firefighting or rescue services.

(1990, c. 125, § 15.1-24.1; 1997, c. 587.)

§ 15.2-954.1. Volunteer firefighter or volunteer emergency medical services personnel tuition reimbursement.

Notwithstanding any other provision to the contrary, any locality may by ordinance establish and administer a tuition reimbursement program for eligible volunteer firefighters or volunteer emergency medical services personnel, or both, for the purposes of recruitment and retention.

(2003, c. 208; 2015, cc. 502, 503.)

The 2015 amendments. - The 2015 amendments by cc. 502 and 503 are identical, and inserted "volunteer" preceding "emergency medical services."

§ 15.2-955. Approval by local governing body for the establishment of volunteer emergency medical services agencies and firefighting organizations.

1. No volunteer emergency medical services agency or volunteer firefighting organization shall be established in any locality on or after July 1, 1984, without the prior approval by resolution of the governing body.
2. Each locality shall seek to ensure that emergency medical services are maintained throughout the entire locality.

   (1984, c. 599, § 15.1-26.01; 1997, c. 587; 2005, c. 418; 2015, cc. 502, 503.)

Cross references. - As to the disposition of surplus materials by the Department of General Services, see § 2.2-1124 . As to leave for volunteer fire and emergency medical services employees, see § 2.2-2821.2 . As to exemption from certain permits and fees in connection with raffles and bingo, see § 18.2-340.23 . As to registration of bingo callers, see § 18.2-340.34:1 .

The 2005 amendments. - The 2005 amendment by c. 418 inserted the A designation at the beginning of the first paragraph and added subsection B.

The 2015 amendments. - The 2015 amendments by cc. 502 and 503 are identical, and substituted "volunteer emergency medical services agency or volunteer firefighting" for "volunteer rescue squad emergency medical service organization or other organization providing similar type services, or volunteer fire-fighting" in subsection A.

§ 15.2-956. Participation in certain federal development programs.

1. Any locality may participate in a program under Title I (Community Development) of the United States Housing and Community Development Act of 1974, as amended, the National Affordable Housing Act of 1990, the Housing and Community Development Act of 1992 or any other federal legislation or program under which the locality may receive and use or administer the use of federal funds for housing, community development or economic development purposes. Any such locality may undertake the community development activities specified in such legislation or programs unless such activities are prohibited by the Constitution of Virginia. Any locality may appropriate its own moneys for the same purposes for which federal funds may be employed under the provisions of such federal legislation or program unless prohibited by the Constitution of Virginia. Any federal funds, or portion thereof, received by a locality under such legislation or programs may be deposited in a special fund which shall be established separate and apart from any other funds, general or special; such funds shall be deemed to be federal funds and shall not be construed to be part of the revenues of such locality.
2. Any city with a population over 100,000 which appropriates local funds pursuant to subsection A may use the income guidelines established by the Virginia Housing Development Authority for its single-family mortgage subsidy program to determine eligibility for home-ownership assistance from its local funds.

   (1976, c. 251, § 15.1-29.7; 1978, c. 374; 1979, c. 187; 1993, c. 380; 1995, c. 349; 1997, c. 587.)

Editor's note. - The United States Housing and Community Development Act, referred to above, is codified generally as 42 U.S.C.S. § 5301 et seq.

§ 15.2-957. Participation by localities in certain leasing programs.

Any locality may participate in a program under § 8 (Housing Assistance Payments Program) of the United States Housing Act of 1937, as amended, on behalf of eligible families or eligible persons leasing privately owned housing directly from owners or private leaseholders. Any such locality may also appropriate its own money for the same purposes for which federal funds may be employed under the provisions of such federal legislation as well as for the purpose of increasing the payments to eligible families or eligible persons beyond federally approved levels when the fair market rent of the rental unit is greater than that established by the United States Department of Housing and Urban Development.

If any power granted in the foregoing paragraph is held invalid, the other remaining power shall not be affected thereby. If the application of the power granted in the foregoing paragraph to any persons or circumstances is held invalid, the application of the power to other persons shall not be affected thereby. Nothing in the foregoing powers granted localities includes the authority to pledge the full faith and credit of such locality in violation of Article X, Section 10 of the Constitution of Virginia.

(1975, c. 534, § 15.1-29.6; 1976, c. 154; 1978, c. 592; 1997, c. 587.)

Editor's note. - As to § 8 (Housing Assistance Payments Program) of the United States Housing Act of 1937, referred to above, see 42 U.S.C.S. § 1437f .

§ 15.2-958. Local funding for repair or production of low and moderate income rental property or repair of residential property; other housing experiments.

It is hereby declared that the preservation of existing housing in safe and sanitary condition and the production of new housing for persons of low and moderate income are public purposes and uses for which public money may be spent, and that such preservation and production are governmental functions of concern to the Commonwealth. Therefore, the governing body of any locality may provide by ordinance that such locality may make grants or loans to owners of residential rental property occupied, or to be occupied, following rehabilitation or after construction if new, by persons of low and moderate income, for the purpose of rehabilitating or producing such property. Owners assisted in this manner must provide a minimum of 20 percent of the units for low and moderate income persons as defined by the locality for a minimum of 10 years. Participation by an owner under this section is voluntary.

Any locality in the ordinance herein authorized may:

1. Provide for the installation, construction, or reconstruction of streets, utilities, parks, parking facilities, playgrounds, and other site improvements essential to the development, preservation or rehabilitation planned;
2. Provide encouragement or financial assistance to the owners or occupants for developing or preserving and upgrading apartment buildings and for improving health and safety, conserving energy, preventing erosion, enhancing the neighborhood, and reducing the displacement of low and moderate income residents of the property;
3. Require that the owner agree to maintain a portion of the property in residential rental use for a period longer than ten years and that a portion of the dwelling units in the property be offered at rents affordable to persons or families of low and moderate income;
4. Provide that the value of assistance given by the locality under subdivisions 1 and 2 above be proportionate to the value of considerations rendered by the owner in maintaining a portion of the dwelling units at reduced rents for persons or families of low and moderate income; and
5. Make loans or grants of local funds to individuals for the purpose of rehabilitating owner-occupied residences or assisting in the purchase of an owner-occupied residence in designated conservation or rehabilitation districts. The locality shall publish annually a report listing the property purchased or rehabilitated pursuant to this provision and the amounts of any grants or loans made for such purpose. Such ordinance shall require that any such loans or grants be applied using the income guidelines issued by the Virginia Housing Development Authority for use in its single family mortgage loan program financed with bonds on which the interest is exempt from federal income taxation. The locality shall offer financial institutions as defined in § 6.2-604 the opportunity to participate in local loan programs established pursuant to this subsection. (1988, c. 862, § 15.1-37.3:9; 1993, c. 791; 1995, c. 393; 1997, c. 587; 2008, c. 580.)

Editor's note. - In subdivision 5, "6.2-604" was substituted for "6.1-125.1," effective October 1, 2010, to conform to the recodification of Title 6.1 by Acts 2010, c. 794.

The 2008 amendments. - The 2008 amendment by c. 580, in the introductory paragraph, substituted "20 percent" for "twenty percent" and "10 years" for "ten years" in the next-to-last sentence; added subdivision 5; and made related changes.

§ 15.2-958.1. Sale of certain property in certain cities.

1. The City of Richmond may by ordinance provide for the sale of property for the nominal amount of one dollar if such property (i) has been acquired in accordance with § 58.1-3970 or § 58.1-3970.1 or (ii) has been declared a blighted structure and has been acquired by the city in accordance with § 36-49.1:1 .
2. If the city sells a property acquired under subsection A, the city shall require any purchaser by covenants in the deed or other security instrument to (i) begin repair or renovation of the property within six months of purchase and (ii) complete all repairs or renovations necessary to bring the property into compliance with the local building code within a period not to exceed two years of the purchase. The city may include any additional reasonable conditions it deems appropriate in order to carry out the intent of this section and assure that the property is repaired or renovated in accordance with applicable codes.
3. A "blighted structure" means a structure as defined in § 36-49 . Notwithstanding any other provisions of law, such city may exercise within its boundaries any spot blight abatement procedures set forth in § 36-49 .1:1. The owner shall have the opportunity to take corrective action or present a reasonable plan to do so in accordance with such section. (2000, c. 364; 2007, c. 813.)

Editor's note. - Acts 2007, c. 813, cl. 2 provides: "That the provisions of this act shall not affect the powers of any locality with respect to any ordinance, resolution or bylaw validly adopted and not repealed or rescinded prior to July 1, 2007."

The 2007 amendments. - The 2007 amendment by c. 813 substituted "The City of Richmond" for "Any city with a population between 200,000 and 210,000" at the beginning of subsection A.

§ 15.2-958.2. Grants for homeownership; workforce housing.

1. In order to ensure its competitiveness as an employer, a locality may, by ordinance, provide for the use of funds, other than state funds, to provide homeownership grants to employees of the locality, employees of the school board and employees of constitutional officers, to purchase their primary residences in the locality. The ordinance shall require that individual grants not exceed $25,000 per employee, nor lifetime cumulative grants exceed $25,000 per employee. Any such grants issued shall be subject to the Virginia Housing and Development Authority regional sales price and household income limitations. The ordinance may establish such other terms and conditions to ensure the integrity of the homeownership grant program.
2. In addition to the homeownership grants authorized in subsection A, a locality may by ordinance, and in cooperation with the local school division, offer residential housing assistance grants in amounts not to exceed those permitted in subsection A and, with the local school division, enter into public-private partnerships and other arrangements to provide affordable workforce housing alternatives to school division personnel.

   (2004, c. 541; 2007, cc. 578, 674; 2009, c. 198.)

The 2007 amendments. - The 2007 amendment by c. 578 deleted "each grant be approved by the local governing body by ordinance advertised on its regular agenda and that" preceding "individual grants" in the second sentence.

The 2007 amendment by c. 674 twice substituted "$25,000" for "$5,000" in the second sentence and inserted the third sentence.

The 2009 amendments. - The 2009 amendment by c. 198 inserted the A designation and added subsection B.

§ 15.2-958.2:01. Grants for certain corporations and pass-through entities.

1. The counties and cities listed in subsection B may give grants or loans to any eligible company, as defined in § 58.1-405.1 .
2. The counties and cities that may give grants pursuant to subsection A are:
   1. The Counties of Alleghany, Bland, Buchanan, Carroll, Craig, Dickenson, Giles, Grayson, Lee, Page, Russell, Scott, Smyth, Tazewell, Washington, Wise, and Wythe and the Cities of Bristol, Galax, and Norton;
   2. The Counties of Amelia, Appomattox, Buckingham, Charlotte, Cumberland, Halifax, Henry, Lunenburg, Mecklenburg, Nottoway, Patrick, Pittsylvania, and Prince Edward and the Cities of Danville and Martinsville;
   3. The Counties of Accomack, Caroline, Essex, Gloucester, King and Queen, King William, Lancaster, Mathews, Middlesex, Northampton, Northumberland, Richmond, and Westmoreland; and
   4. The Counties of Brunswick and Dinwiddie and the City of Petersburg.

      (2018, cc. 801, 802; 2019, cc. 262, 263.)

The 2019 amendments. - The 2019 amendments by cc. 262 and 263 are identical, and inserted "Page" in subdivision B 1.

§ 15.2-958.3. Financing clean energy, resiliency, and stormwater management programs.

1. Any locality may, by ordinance, authorize contracts to provide loans for the initial acquisition and installation of clean energy, resiliency, or stormwater management improvements with free and willing property owners of both existing properties and new construction, provided, however, that such loans may not be used to improve a residential dwelling with fewer than five dwelling units or a residential condominium as defined in § 55.1-2000 . Such an ordinance shall include the following:
   1. The kinds of renewable energy production and distribution facilities, energy usage efficiency improvements, resiliency improvements, water usage efficiency improvements, or stormwater management improvements for which loans may be offered. Resiliency improvements may include mitigation of flooding or the impacts of flooding or stormwater management improvements with a preference for natural or nature-based features and living shorelines as defined in § 28.2-104.1 ;
   2. The proposed arrangement for such loan program, including (i) a statement concerning the source of funding that will be used to pay for work performed pursuant to the contracts; (ii) the time period during which contracting property owners would repay the loan; and (iii) the method of apportioning all or any portion of the costs incidental to financing, administration, and collection of the arrangement among the consenting property owners and the locality;
   3. 1. A minimum dollar amount that may be financed with respect to a property, (ii) if a locality or other public body is originating the loans, a maximum aggregate dollar amount that may be financed with respect to loans originated by the locality or other public body, and (iii) provisions that the loan program may approve a loan application submitted within two years of the locality's issuance of a certificate of occupancy or other evidence that the clean energy, resiliency, or stormwater management improvements comply substantially with the plans and specifications previously approved by the locality and that such loan may refinance or reimburse the property owner for the total costs of such improvements; 3. (i) A minimum dollar amount that may be financed with respect to a property, (ii) if a locality or other public body is originating the loans, a maximum aggregate dollar amount that may be financed with respect to loans originated by the locality or other public body, and (iii) provisions that the loan program may approve a loan application submitted within two years of the locality's issuance of a certificate of occupancy or other evidence that the clean energy, resiliency, or stormwater management improvements comply substantially with the plans and specifications previously approved by the locality and that such loan may refinance or reimburse the property owner for the total costs of such improvements;
   4. In the case of a loan program described in clause (ii) of subdivision 3, a method for setting requests from property owners for financing in priority order in the event that requests appear likely to exceed the authorization amount of the loan program. Priority shall be given to those requests from property owners who meet established income or assessed property value eligibility requirements;
   5. Identification of a local official authorized to enter into contracts on behalf of the locality. A locality may contract with a third party for professional services to administer such loan program;
   6. Identification of any fee that the locality intends to impose on the property owner requesting to participate in the loan program to offset the cost of administering the loan program. The fee may be assessed as a program fee paid by the property owner requesting to participate in the program; and
   7. A draft contract specifying the terms and conditions proposed by the locality.
2. The locality may combine the loan payments required by the contracts with billings for water or sewer charges, real property tax assessments, or other billings; in such cases, the locality may establish the order in which loan payments will be applied to the different charges. The locality may not combine its billings for loan payments required by a contract authorized pursuant to this section with billings of another locality or political subdivision, including an authority operating pursuant to Chapter 51 (§ 15.2-5100 et seq.), unless such locality or political subdivision has given its consent by duly adopted resolution or ordinance.
3. The locality shall offer private lending institutions the opportunity to participate in local loan programs established pursuant to this section.
4. In order to secure the loan authorized pursuant to this section, the locality shall place a voluntary special assessment lien equal in value to the loan against any property where such clean energy systems, resiliency improvements, or stormwater management improvements are being installed. The locality may bundle or package said loans for transfer to private lenders in such a manner that would allow the voluntary special assessment liens to remain in full force to secure the loans. The placement of a voluntary special assessment lien shall not require a new assessment on the value of the real property that is being improved under the loan program.
5. A voluntary special assessment lien on real property:
   1. Shall have the same priority status as a property tax lien against real property, except that such voluntary special assessment lien shall have priority over any previously recorded mortgage or deed of trust lien only if (i) a written subordination agreement, in a form and substance acceptable to each prior lienholder in its sole and exclusive discretion, is executed by the holder of each mortgage or deed of trust lien on the property and recorded with the special assessment lien in the land records where the property is located, and (ii) evidence that the property owner is current on payments on loans secured by a mortgage or deed of trust lien on the property and on property tax payments, that the property owner is not insolvent or in bankruptcy proceedings, and that the title of the benefited property is not in dispute is submitted to the locality prior to recording of the special assessment lien;
   2. Shall run with the land, and that portion of the assessment under the assessment contract that has not yet become due is not eliminated by foreclosure of a property tax lien;
   3. May be enforceable by the local government in the same manner that a property tax lien against real property may be enforced by the local government. A local government shall be entitled to recover costs and expenses, including attorney fees, in a suit to collect a delinquent installment of an assessment in the same manner as in a suit to collect a delinquent property tax; and
   4. May incur interest and penalties for delinquent installments of the assessment in the same manner as delinquent property taxes.
6. Prior to the enactment of an ordinance pursuant to this section, a public hearing shall be held at which interested persons may object to or inquire about the proposed loan program or any of its particulars. The public hearing shall be advertised once a week for two successive weeks in a newspaper of general circulation in the locality.
7. The Department of Energy shall serve as a statewide sponsor for a clean energy financing program that meets the requirements of this section. The Department of Energy shall engage a private entity through a competitive selection process to develop and administer the program.

   (2009, c. 773; 2010, c. 141; 2015, cc. 389, 427; 2019, cc. 564, 753; 2020, c. 664; 2021, c. 6; 2021, Sp. Sess. I, c. 532.)

Editor's note. - Acts 2015, cc. 389 and 427, cl. 2 provides: "That the Department of Mines, Minerals and Energy (DMME) shall develop uniform statewide financial underwriting guidelines for loans made under § 15.2-958.3 . In developing the guidelines, DMME shall incorporate input from representatives of the Virginia Bankers Association, the Virginia Energy Efficiency Council, the Virginia Association of Realtors, the Virginia Municipal League, the Virginia Association of Counties, and the Virginia Association for Commercial Real Estate. The guidelines shall require an evaluation of each of the following criteria: the loan to value ratio, the voluntary special assessment to assessed value ratio, the savings to investment ratio, the requirement for energy assessments, and any provision addressing the disclosure of voluntary special assessments to a subsequent owner of the property. DMME shall finalize the uniform financial underwriting guidelines no later than December 1, 2015."

To conform to the recodification of Title 55 by Acts 2019, c. 712, effective October 1, 2019, the following substitution was made at the direction of the Virginia Code Commission: substituted "55.1-2000" for "55-79.2."

Acts 2021, Sp. Sess. I, c. 532, cl. 2 provides: "That the provisions of this act shall become effective on October 1, 2021."

The 2010 amendments. - The 2010 amendment by c. 141 added subsection D; and redesignated former subsection D as subsection E.

The 2015 amendments. - The 2015 amendment by cc. 389 and 427 are identical, and substituted "renewable energy production and distribution facilities, energy usage efficiency improvements, or water usage efficiency improvements" for "distributed generation renewable energy sources or energy efficiency improvements" in subdivision A 1; inserted the second sentence of subdivision A 5; added subdivision A 6; redesignated former subdivision A 6 as subdivision A 7; inserted "voluntary special assessment" twice in subsection D; added subsection E and redesignated former subsection E as subsection F.

The 2019 amendments. - The 2019 amendment by c. 564, in subsection A, inserted "or stormwater management"; and in subdivision A 1 and subsection D, inserted "or stormwater management improvements"; and made stylistic changes.

The 2019 amendment by c. 753, in subdivision A 1, inserted "resiliency improvements" preceding "or water," and added the second sentence; in subdivision A 3, inserted the designation for clause (i), and added "with respect to a property and (ii) if a locality or other public body is originating the loan, a maximum aggregate dollar amount that may be financed with respect to loans originated by the locality or other public body"; in subdivision A 4, inserted "In the case of a loan program described in clause (ii) of subdivision 3" at the beginning; in subdivisions A 6, inserted "clauses" following "combination of"; and in subsection D, inserted "or resiliency improvements" following "energy systems"; and made stylistic changes.

The 2020 amendments. - The 2020 amendment by c. 664 added subsection G.

The 2021 amendments. - The 2021 amendment by c. 6, in subsection A, in the introductory paragraph, inserted "provided, however, that such loans may not be used to improve a residential dwelling with fewer than five dwelling units or a residential condominium as defined in § 55.1-2000 " at the end of the first sentence and deleted "but not be limited to" following "shall include" in the second sentence; in subdivision A 2, deleted 'interest rate and' following '(ii) the'; in subdivision A 3, deleted "and maximum aggregate" following "A minimum" in clause (i), and added clause (iii); in subdivision A 6, in the second sentence, substituted "a program" for '(i) a program application' and deleted clauses (ii) and (iii) which read "(ii) a component of the interest rate on the assessment in the written contract between the locality and the property owner, or (iii) a combination of clauses (i) and (ii)"; in subsection D, deleted "be authorized to" following "the locality shall" in the first sentence and added the last sentence; in subsection E, deleted "other than a residential dwelling with fewer than five dwelling units or a condominium project as defined in § 55.1-2000 " at the end of the introductory paragraph; in subsection G, deleted "have the authority to" preceding "serve as a" in the first sentence; and made stylistic changes.

The 2021 Sp. Sess. I amendments. - The 2021 amendment by Sp. Sess. I, c. 532, effective October 1, 2021, substituted "Department of Energy" for "Department of Mines, Minerals and Energy" twice in subsection G.

OPINIONS OF THE ATTORNEY GENERAL

Clean energy improvement loans. - Localities adopting a loan program for the initial acquisition and installation of clean energy improvements under § 15.2-958.3 may contract with third party administrators or private capital providers to service such loans and may, by ordinance, assign to private capital providers the right to record and enforce voluntary special assessment liens securing the loans. See opinion of Attorney General to Leo P. Rogers, Esquire, Loudoun County Attorney, 18-056, 2019 Va. AG LEXIS 3 (2/1/19).

§ 15.2-958.3:1. Local green banks.

1. As used in this section, "clean energy technologies" means energy resources and emerging technologies that have significant potential for commercialization and do not involve (i) the combustion of coal, petroleum or petroleum products, or municipal solid waste or (ii) nuclear fission. "Clean energy technologies" includes renewable energy sources, projects, and infrastructure; energy efficiency projects; alternative fuels used for electricity generation; alternative fuel vehicles and related infrastructure such as electric vehicle charging station infrastructure; and smart grid.
2. Any locality may, by ordinance, establish a green bank to promote the investment in clean energy technologies in its locality and provide financing for clean energy technologies. Such ordinance may include the following functions for a green bank:
   1. Finance investment or financial support of investment in clean energy technologies to foster the growth and development of renewable energy sources;
   2. Stimulate the demand for renewable energy and the deployment of clean energy technologies that serve end-use customers;
   3. Before making any loan, loan guarantee, or other form of financing support for clean energy technologies, develop rules, policies, and procedures to specify borrower eligibility and any other term or condition of financial support;
   4. Provide financing or financial support for clean energy technologies;
   5. Develop consumer protection standards for investments to ensure that the green bank and its partners are lending in a transparent and responsible manner that is in the financial interests of the borrowers; and
   6. Undertake any other activity as needed to support the mission of the green bank.
3. In establishing a green bank, the locality shall determine whether the green bank will be a public entity, quasi-public entity, depository bank, or nonprofit entity.
4. The locality shall offer private lending institutions the opportunity to participate in the green bank established pursuant to this section.
5. Prior to the adoption of any ordinance pursuant to this section, the locality shall conduct a public hearing at which interested persons may object to or inquire about the proposed green bank or any of its particulars. The public hearing shall be advertised once a week for two successive weeks in a newspaper of general circulation in the locality.

   (2021, Sp. Sess. I, c. 405.)

Effective date. - This section is effective July 1, 2021.

§ 15.2-958.4. Waiver of certain fees for affordable housing.

1. A locality may by ordinance provide for the waiver of building permit fees and other local fees associated with the construction, renovation, or rehabilitation of housing by a § 501(c)(3) organization with a primary purpose of assisting with the provision of affordable housing.
2. A locality may by ordinance provide for the waiver of building permit fees and other local fees associated with the construction, renovation, or rehabilitation of housing by a private-sector entity that is pursuing an affordable housing development. For purposes of this subsection, a locality may determine in its ordinance what constitutes affordable housing and may set other conditions on the waiver of fees as it deems appropriate.

   (2009, c. 799; 2019, c. 393.)

The number of this section was assigned by the Virginia Code Commission, the number in the 2009 act having been § 15.2-958.3 .

The 2019 amendments. - The 2019 amendment by c. 393 designated the existing provisions as subsection A and added subsection B.

§ 15.2-958.5. Local funding for community revitalization.

1. The City of Richmond may by ordinance provide for the creation of a community revitalization fund for the purpose of preventing neighborhood deterioration. The community revitalization fund shall be exclusively comprised of appropriated local moneys.
2. Any such community fund established pursuant to this section shall be used for one or more of the following purposes:
   1. Loans or grants to for-profit and nonprofit organizations for the construction, renovation, or demolition of residential structures in the City;
   2. Infrastructure improvements; and
   3. Acquisition of blighted structures in accordance with § 36-49.1:1 .
3. Such ordinance shall establish (i) qualifying income guidelines for participants and the communities in which community revitalization funds may be expended and (ii) criteria for participation by for-profit and nonprofit organizations that may be eligible for loans or grants pursuant to the provisions of this section.

   (2011, cc. 770, 833.)

§ 15.2-958.6. Financing the repair of failed septic systems.

1. Any locality may, by ordinance, authorize contracts with property owners to provide loans for the repair of septic systems. Such an ordinance shall state:
   1. The kinds of septic system repairs for which loans may be offered;
   2. The proposed arrangement for such loan program, including (i) the interest rate and time period during which contracting property owners shall repay the loan; (ii) the method of apportioning all or any portion of the costs incidental to financing, administration, and collection of the arrangement among the consenting property owners and the locality; and (iii) the possibility that the locality may partner with a planning district commission (PDC) to coordinate and provide financing for the repairs, including the locality's obligation to reimburse the PDC as the loan is repaid;
   3. A minimum and maximum aggregate dollar amount that may be financed;
   4. A method for setting requests from property owners for financing in priority order in the event that requests appear likely to exceed the authorization amount of the loan program. Priority shall be given to those requests from property owners who meet established income or assessed property value eligibility requirements;
   5. Identification of a local official authorized to enter into contracts on behalf of the locality; and
   6. A draft contract specifying the terms and conditions proposed by the locality or by a PDC acting on behalf of the locality.
2. The locality may combine the loan payments required by the contracts with billings for water or sewer charges, real property tax assessments, or other billings; in such cases, the locality may establish the order in which loan payments will be applied to the different charges. The locality may not combine its billings for loan payments required by a contract authorized pursuant to this section with billings of another locality or political subdivision, including an authority operating pursuant to Chapter 51 (§ 15.2-5100 et seq.), unless such locality or political subdivision has given its consent by duly adopted resolution or ordinance.
3. In cases in which local property records fail to identify all of the individuals having an ownership interest in a property containing a failing septic system, the locality may set a minimum total ownership interest that it will require a property owner or owners to prove before it will allow the owner or owners to participate in the program.
4. The locality or PDC acting on behalf of the locality shall offer private lending institutions the opportunity to participate in local loan programs established pursuant to this section.
5. In order to secure the loan authorized pursuant to this section, the locality is authorized to place a lien equal in value to the loan against any property where such septic system repair is being undertaken. Such liens shall be subordinate to all liens on the property as of the date loans authorized pursuant to this section are made, except that with the prior written consent of the holders of all liens on the property as of the date loans authorized pursuant to this section are made, the liens securing loans authorized pursuant to this section shall be liens on the property ranking on a parity with liens for unpaid local taxes. The locality may bundle or package such loans for transfer to private lenders in such a manner that would allow the liens to remain in full force to secure the loans.
6. Prior to the enactment of an ordinance pursuant to this section, a public hearing shall be held at which interested persons may object to or inquire about the proposed loan program or any of its particulars. The public hearing shall be advertised once a week for two successive weeks in a newspaper of general circulation in the locality.

   (2013, c. 185.)

§ 15.2-959. Housing research.

Any locality which does not have a redevelopment and housing authority as authorized by Chapter 1 (§ 36-1 et seq.) of Title 36, shall be authorized to engage in research, studies, and experimentation in housing alternatives, including the rehabilitation of existing housing stock and the construction of additional housing.

(1988, c. 862, § 15.1-37.3:9; 1993, c. 791; 1995, c. 393; 1997, c. 587.)

§ 15.2-960. Planting of trees destroyed during construction.

Any locality may establish reasonable rules, regulations, and schedules for planting trees in and along areas dedicated for public use where trees have been destroyed in the construction process. This provision shall not affect the validity of any local ordinance adopted pursuant to any other provision of law.

(1986, c. 183, § 15.1-14.1; 1997, c. 587.)

§ 15.2-961. Replacement of trees during development process in certain localities.

1. Any locality with a population density of at least 75 persons per square mile or any locality within the Chesapeake Bay watershed may adopt an ordinance providing for the planting and replacement of trees during the development process pursuant to the provisions of this section. Population density shall be based upon the latest population estimates of the Cooper Center for Public Service of the University of Virginia.
2. The ordinance shall require that the site plan for any subdivision or development include the planting or replacement of trees on the site to the extent that, at 20 years, minimum tree canopies or covers will be provided in areas to be designated in the ordinance, as follows:
   1. Ten percent tree canopy for a site zoned business, commercial, or industrial;
   2. Ten percent tree canopy for a residential site zoned 20 or more units per acre;
   3. Fifteen percent tree canopy for a residential site zoned more than 10 but less than 20 units per acre; and
   4. Twenty percent tree canopy for a residential site zoned 10 units or less per acre.

      However, the City of Williamsburg may require at 10 years the minimum tree canopies or covers set out above.

3. The ordinance shall require that the site plan for any subdivision or development include, at 20 years, that a minimum 10 percent tree canopy will be provided on the site of any cemetery as defined in § 54.1-2310 , notwithstanding any other provision of this section. In no event shall any local tree replacement or planting ordinance adopted pursuant to this section exceed the requirements of this subsection.
4. The ordinance shall provide for reasonable provisions for reducing the tree canopy requirements or granting tree cover credit in consideration of the preservation of existing tree cover or for preservation of trees of outstanding age, size or physical characteristics.
5. The ordinance shall provide for reasonable exceptions to or deviations from these requirements to allow for the reasonable development of farm land or other areas devoid of healthy or suitable woody materials, for the preservation of wetlands, or otherwise when the strict application of the requirements would result in unnecessary or unreasonable hardship to the developer. In such instances, the ordinance may provide for a tree canopy bank whereby a portion of a development's tree canopy requirement may be met from off-site planting or replacement of trees at the direction of the locality. The following shall be exempt from the requirements of any tree replacement or planting ordinance promulgated under this section: dedicated school sites, playing fields and other nonwooded recreation areas, and other facilities and uses of a similar nature.
6. The ordinance may designate tree species that cannot be planted to meet minimum tree canopy requirements due to tendencies of such species to (i) negatively impact native plant communities, (ii) cause damage to nearby structures and infrastructure, or (iii) possess inherent physiological traits that cause such trees to structurally fail. All trees to be planted shall meet the specifications of the AmericanHort. The planting of trees shall be done in accordance with either the standardized landscape specifications jointly adopted by the Virginia Nursery and Landscape Association, the Virginia Society of Landscape Designers and the Virginia Chapter of the American Society of Landscape Architects, or the road and bridge specifications of the Virginia Department of Transportation.
7. Existing trees which are to be preserved may be included to meet all or part of the canopy requirements, and may include wooded preserves, if the site plan identifies such trees and the trees meet standards of desirability and life-year expectancy which the locality may establish.
8. For purposes of this section:

   "Tree canopy" or "tree cover" includes all areas of coverage by plant material exceeding five feet in height, and the extent of planted tree canopy at 10 or 20 years maturity. Planted canopy at 10 or 20 years maturity shall be based on published reference texts generally accepted by landscape architects, nurserymen, and arborists in the community, and the texts shall be specified in the ordinance.

9. Penalties for violations of ordinances adopted pursuant to this section shall be the same as those applicable to violations of zoning ordinances of the locality.
10. In no event shall any local tree replacement or planting ordinance adopted pursuant to this section exceed the requirements set forth herein.
11. Nothing in this section shall invalidate any local ordinance adopted pursuant to the provisions of this section prior to July 1, 1990, which imposes standards for tree replacement or planting during the development process.
12. Nothing in this section shall invalidate any local ordinance adopted by the City of Williamsburg that imposes standards for 10-year-minimum tree cover replacement or planting during the development process.
13. Nothing in this section shall invalidate any local ordinance adopted pursuant to the provisions of this section after July 1, 1990, which imposes standards for 20-year-minimum tree cover replacement or planting during the development process.

    (1989, c. 715, § 15.1-14.2; 1990, c. 362; 1994, c. 420; 1997, c. 587; 2002, cc. 191, 226; 2003, c. 875; 2007, c. 813; 2013, c. 248; 2018, c. 399.)

Editor's note. - Acts 2007, c. 813, cl. 2 provides: "That the provisions of this act shall not affect the powers of any locality with respect to any ordinance, resolution or bylaw validly adopted and not repealed or rescinded prior to July 1, 2007."

Acts 2021, Sp. Sess. I, cc. 89 and 90, cl. 2 provides: "That the Secretary of Natural Resources and Secretary of Agriculture and Forestry (the Secretaries) shall convene a stakeholder work group (the Work Group) for the purpose of developing and providing recommendations to state and local governments related to policies that encourage the conservation of mature trees and tree cover on sites being developed, increase tree canopy cover in communities, and encourage the planting of trees. The Work Group shall also examine the Commonwealth's existing enabling statutes and their use related to the preservation, planting, and replacement of trees during the land development process, including §§ 15.2-961 and 15.2-961.1 of the Code of Virginia and the amendments to such sections provided in the first enactment of this act, and recommend amendments to those statutes or the adoption of new Code sections that would enhance the preservation, planting, and replacement of trees during the land development process and increase incentives for the preservation, planting, and replacement of trees during the land development process. The Work Group shall be composed of representatives of the residential and commercial development industries, representatives of agricultural and forestry industries, professional environmental technical experts, representatives of environmental and conservation organizations, representatives of local governments, solar developers, and other affected parties so that the various stakeholders are represented in the Work Group. No later than October 1, 2021, the Secretaries shall provide a report containing the Work Group's detailed findings, recommendations, and draft legislation to encourage the conservation of tree cover and mature trees, and the planting of trees, to the Chairmen of the House Committee on Agriculture, Chesapeake and Natural Resources, the House Committee on Counties, Cities and Towns, the Senate Committee on Agriculture, Conservation and Natural Resources, and the Senate Committee on Local Government."

The 2002 amendments. - The 2002 amendments by cc. 191 and 226 are identical and, in subsection B, inserted the present second sentence in the second paragraph following subdivision B 4.

The 2003 amendments. - The 2003 amendment by c. 875, in subsection A, substituted "75" for "seventy-five"; in subsection B and subdivisions B 2 and B 3, substituted "20" for "twenty"; in subdivision B 3 and B 4, substituted "10" for "ten"; inserted present subsection C, added the designators C, D, E, and F; in subsection D, inserted "healthy or suitable", and deleted the definition of "Tree canopy or tree cover"; in subsection E, substituted "tree species that cannot . . . structurally fail" for "or provide a system for rating the desirability for planting of various tree species"; inserted subsection G; redesignated former subsection C through E as H through J; in subsection J, deleted "be construed to" preceding "invalidate"; and added subsections K and L.

The 2007 amendments. - The 2007 amendment by c. 813, in subsection C, substituted "the City of Williamsburg" for "any city that was established prior to 1780" in undesignated paragraph at the end of subsection B; and substituted "the City of Williamsburg that" for "a city that was established prior to 1780, which" in subsection K.

The 2013 amendments. - The 2013 amendment by c. 248 added subdivision B 5 and made a related change.

The 2018 amendments. - The 2018 amendment by c. 399, in subsection A, inserted "or any locality within the Chesapeake Bay watershed"; rewrote former subdivision B 5 as subsection C and redesignated remaining subsections accordingly; in subsection F, substituted "AmericanHort" for "American Association of Nurserymen" and "Virginia Nursery and Landscape Association" for "Virginia Nurserymen's Association."

Law review. - For article surveying developments in real estate and land use law in Virginia from June 1, 2001 through June 1, 2002, see 37 U. Rich. L. Rev. 271 (2002).

For survey article on judicial decisions in real estate law from June 1, 2002 through June 1, 2003, see 38 U. Rich. L. Rev. 223 (2003).

Michie's Jurisprudence. - For related discussion, see 18 M.J. Trees and Timber, § 1.

§ 15.2-961.1. Conservation of trees during land development process in localities belonging to a nonattainment area for air quality standards.

1. For purposes of this section, "tree canopy" or "tree cover" includes all areas of canopy coverage by self-supporting and healthy woody plant material exceeding five feet in height, and the extent of planted tree canopy at 20-years maturity.
2. Any locality within Planning District 8 that meets the population density criteria of subsection A of § 15.2-961 and is classified as an eight-hour nonattainment area for ozone under the federal Clean Air Act and Amendments of 1990, in effect as of July 1, 2008, may adopt an ordinance providing for the conservation of trees during the land development process pursuant to the provisions of this section. In no event shall any local tree conservation ordinance adopted pursuant to this section also impose the tree replacement provisions of § 15.2-961 .
3. The ordinance shall require that the site plan for any subdivision or development provide for the preservation or replacement of trees on the development site such that the minimum tree canopy or tree cover percentage 20 years after development is projected to be as follows:
   1. Ten percent tree canopy for a site zoned business, commercial, or industrial;
   2. Ten percent tree canopy for a residential site zoned 20 or more units per acre;
   3. Fifteen percent tree canopy for a residential site zoned more than eight but less than 20 units per acre;
   4. Twenty percent tree canopy for a residential site zoned more than four but not more than eight units per acre;
   5. Twenty-five percent tree canopy for a residential site zoned more than two but not more than four units per acre; and
   6. Thirty percent tree canopy for a residential site zoned two or fewer units per acre.

      In meeting these percentages, (i) the ordinance shall first emphasize the preservation of existing tree canopy where that canopy meets local standards for health and structural condition, and where it is feasible to do so within the framework of design standards and densities allowed by the local zoning and other development ordinances; and (ii) second, where it is not feasible in whole or in part for any of the justifications listed in subsection E to preserve existing canopy in the required percentages listed above, the ordinance shall provide for the planting of new trees to meet the required percentages.

4. Except as provided in subsection E, the percentage of the site covered by tree canopy at the time of plan submission shall equate to the minimum portion of the requirements identified in subsection C that shall be provided through tree preservation. This portion of the canopy requirements shall be identified as the "tree preservation target" and shall be included in site plan calculations or narratives demonstrating how the overall requirements of subsection C have been met.
5. The ordinance shall provide deviations, in whole or in part, from the tree preservation target defined in subsection D under the following conditions:
   1. Meeting the preservation target would prevent the development of uses and densities otherwise allowed by the locality's zoning or development ordinance.
   2. The predevelopment condition of vegetation does not meet the locality's standards for health and structural condition.
   3. Construction activities could be reasonably expected to impact existing trees to the extent that they would not likely survive in a healthy and structurally sound manner. This includes activities that would cause direct physical damage to the trees, including root systems, or cause environmental changes that could result in or predispose the trees to structural and health problems. If, in the opinion of the developer, the project cannot meet the tree preservation target due to the conditions described in subdivision 1, 2, or 3, the developer may request a deviation from the preservation requirement in subsection D. In the request for deviation, the developer shall provide a letter to the locality that provides justification for the deviation, describes how the deviation is the minimum necessary to afford relief, and describes how the requirements of subsection C will be met through tree planting or a tree canopy bank or fund established by the locality. Proposed deviations shall be reviewed by the locality's urban forester, arborist, or equivalent in consultation with the locality's land development or licensed professional civil engineering review staff. The locality may propose an alternative site design based upon adopted land development practices and sound vegetation management practices that take into account the relationship between the cost of conservation and the benefits of the trees to be preserved as described in ANSI A300 (Part 5) - 2005 Management: Tree, Shrub, and Other Woody Plant Maintenance - Standard Practices, Management of Trees and Shrubs During Site Planning, Site Development, and Construction, Annex A, A-1.5, Cost Benefits Analysis (or the latest version of this standard). The developer shall consider the alternative and redesign the plan accordingly, or elect to satisfy the unmet portion of the preservation threshold through on-site tree planting or through the off-site planting mechanisms identified in subsection G, so long as the developer provides the locality with an explanation of why the alternative design recommendations were rejected. Letters of explanation from the developer shall be prepared and certified by a licensed professional engineer as defined in § 54.1-400 . If arboricultural issues are part of explanation then the letter shall be signed by a Certified Arborist who has taken and passed the certification examination sponsored by the International Society of Arboriculture and who maintains a valid certification status or by a Registered Consulting Arborist as designated by the American Society of Consulting Arborists. If arboricultural issues are the sole subject of the letter of explanation then certification by a licensed professional engineer shall not be required.
6. The ordinance shall provide for deviations of the overall canopy requirements set forth in subsection C to allow for the preservation of wetlands, the development of farm land or other areas previously devoid of healthy and/or suitable tree canopy, or where the strict application of the requirements would result in unnecessary or unreasonable hardship to the developer.
7. The ordinance shall provide for the establishment of a tree canopy bank or fund whereby any portion of the tree canopy requirement that cannot be met on-site may be met through off-site tree preservation or tree planting efforts. Such provisions may be offered where it can be demonstrated that application of the requirements of subsection C would cause irresolvable conflicts with other local site development requirements, standards, or comprehensive planning goals, where sites or portions of sites lack sufficient space for future tree growth, where planting spaces will not provide adequate space for healthy root development, where trees will cause unavoidable conflicts with underground or overhead utilities, or where it can be demonstrated that trees are likely to cause damage to public infrastructure. The ordinance may utilize any of the following off-site canopy establishment mechanisms:
   1. A tree canopy bank may be established in order for the locality to facilitate off-site tree preservation, tree planting, stream bank, and riparian restoration projects. Banking efforts shall provide tree canopy that is preserved in perpetuity through conservation easements, deed restrictions, or similar protective mechanisms acceptable to the locality. Projects used in off-site banking will meet the same ordinance standards established for on-site tree canopy; however, the locality may also require the submission of five-year management plans and funds to ensure the execution of maintenance and management obligations identified in those plans. Any such bank shall occur within the same nonattainment area in which the locality approving the tree banking is situated.
   2. A tree canopy fund may be established to act as a fiscal mechanism to collect, manage, and disburse fees collected from developers that cannot provide full canopy requirements on-site. The locality may use this fund directly to plant trees on public property, or the locality may elect to disburse this fund to community-based organizations exempt from taxation under § 501(c)(3) of the Internal Revenue Code with tree planting or community beautification missions for tree planting programs that benefit the community at large. For purposes of establishing consistent and predictable fees, the ordinance shall establish cost units that are based on average costs to establish 20-year canopy areas using two-inch caliper nursery stock trees. Any funds collected by localities for these purposes shall be spent within a five-year period established by the collection date, or the locality shall return such funds to the original contributor, or legal successor.
8. The following uses shall be exempt from the requirements of any ordinance promulgated under this section: bona fide silvicultural activity as defined by § 10.1-1181.1 and the areas of sites included in lakes, ponds, and the normal water elevation area of stormwater retention facilities. The ordinance shall modify the canopy requirements of dedicated school sites, playing fields, and other nonwooded active recreation areas by allowing these and other facilities and uses of a similar nature to provide 10 percent tree canopy 20 years after development.
9. 1. In recognition of the added benefits of tree preservation, the ordinance shall provide for an additional tree canopy credit of up to one and one-quarter times the canopy area at the time of plan submission for individual trees or the coalesced canopy of forested areas preserved from the predevelopment tree canopy. I. 1.  In recognition of the added benefits of tree preservation, the ordinance shall provide for an additional tree canopy credit of up to one and one-quarter times the canopy area at the time of plan submission for individual trees or the coalesced canopy of forested areas preserved from the predevelopment tree canopy.
   2. The following additional credits may be provided in the ordinance in connection with tree preservation:
      1. The ordinance may provide canopy credits of up to one and one-half times the actual canopy area for the preservation of forest communities that achieve environmental, ecological, and wildlife conservation objectives set by the locality. The ordinance may establish minimal area, dimensional and viability standards as prerequisites for the application of credits. Forest communities shall be identified using the nomenclature of either the federal National Vegetation Classification System (FGDC-STD-005, or latest version) or the Natural Communities of Virginia Classification of Ecological Community Groups, Second Approximation (Version 2.2, or latest version).
      2. The ordinance may provide canopy credits of up to three times the actual canopy area of trees that are officially designated for preservation in conjunction with local tree conservation ordinances based on the authority granted by § 10.1-1127.1 .
10. The following additional credits shall be provided in the ordinance in connection with tree planting:
    1. The ordinance shall provide canopy credits of one and one-half the area normally projected for trees planted to absorb or intercept air pollutants, tree species that produce lower levels of reactive volatile organic compounds, or trees that act to reduce air pollution or greenhouse gas emissions by conserving the energy used to cool and heat buildings.
    2. The ordinance shall provide canopy credits of one and one-quarter the area normally projected for trees planted for water quality-related reforestation or afforestation projects, and for trees planted in low-impact development and bioretention water quality facilities. The low-impact development practices and designs shall conform to local standards in order for these supplemental credits to apply.
    3. The ordinance shall provide canopy credits of one and one-half the area normally projected for native tree species planted to provide food, nesting, habitat, and migration opportunities for wildlife. These canopy credits may also apply to cultivars of native species if the locality determines that such a cultivar is capable of providing the same type and extent of wildlife benefit as the species it is derived from.
    4. The ordinance shall provide canopy credits of one and one-half the area normally projected for use of native tree species that are propagated from seed or tissue collected within the mid-Atlantic region.
    5. The ordinance shall provide canopy credits of one and one-quarter the area normally projected for the use of cultivars or varieties that develop desirable growth and structural patterns, resist decay organisms and the development of cavities, show high levels of resistance to disease or insect infestations, or exhibit high survival rates in harsh urban environments.
11. Tree preservation areas and individual trees may not receive more than one application of additional canopy credits provided in subsection I. Individual trees planted to meet these requirements may not receive more than two categories of additional canopy credits provided in subsection J. Canopy credits will only be given to trees with trunks that are fully located on the development site, or in the case of tree banking projects only to trees with trunks located fully within easements or other areas protected by deed restrictions listed in subsection G.
12. All trees planted for tree cover credits shall meet the specifications of the American Association of Nurserymen and shall be planted in accordance with the publication entitled "Tree and Shrub Planting Guidelines," published by the Virginia Cooperative Extension.
13. In order to provide higher levels of biodiversity and to minimize the spread of pests and diseases, or to limit the use of species that cause negative impacts to native plant communities, cause damage to nearby structures, or possess inherent physiological traits that prone trees to structural failure, the ordinance may designate species that cannot be used to meet tree canopy requirements or designate species that will only receive partial 20-year tree canopy credits.
14. The locality may allow the use of tree seedlings for meeting tree canopy requirements in large open spaces, low-density residential settings, or in low-impact development reforestation/afforestation projects. In these cases, the ordinance shall allow the ground surface area of seedling planting areas to equate to a 20-year canopy credit area. Tree seedling plantings will be comprised of native species and will be planted in densities that equate to 400 seedlings per acre, or in densities specified by low-impact development designs approved by the locality. The locality may set standards for seedling mortality rates and replacement procedures if unacceptable rates of mortality occur. The locality may elect to allow native woody shrubs or native woody seed mix to substitute for tree species as long as these treatments do not exceed 33 percent of the overall seedling planting area. The number of a single species may not exceed 10 percent of the overall number of trees or shrubs planted to meet the provisions of this subsection.
15. The following process shall be used to demonstrate achievement of the required percentage of tree canopy listed in subsection C:
    1. The site plan shall graphically delineate the edges of predevelopment tree canopy, the proposed limits of disturbance on grading or erosion and sedimentation control plans, and the location of tree protective fencing or other tree protective devices allowed in the Virginia Erosion and Sediment Control Handbook.
    2. Site plans proposing modification to tree canopy requirements or claiming supplemental tree canopy credits will require a text narrative.
    3. The site plan shall include the 20-year tree canopy calculations on a worksheet provided by the locality.
    4. Site plans requiring tree planting shall provide a planting schedule that provides botanical and common names of trees, the number of trees being planted, the total of tree canopy area given to each species, variety or cultivars planted, total of tree canopy area that will be provided by all trees, planting sizes, and associated planting specifications. The site plan will also provide a landscape plan that delineates where the trees shall be planted.
16. The ordinance shall provide a list of commercially available tree species, varieties, and cultivars that are capable of thriving in the locality's climate and ranges of planting environments. The ordinance will also provide a 20-year tree canopy area credit for each tree. The amount of tree canopy area credited to individual tree species, varieties, and cultivars 20 years after they are planted shall be based on references published or endorsed by Virginia academic institutions such as the Virginia Polytechnic Institute and State University and accepted by urban foresters, arborists, and horticulturalists as being accurate for the growing conditions and climate of the locality.
17. The ordinance shall establish standards of health and structural condition of existing trees and associated plant communities to be preserved. The ordinance may also identify standards for removal of trees or portions of trees that are dead, dying, or hazardous due to construction impacts. Such removal standards may allow for the retention of trunk snags where the locality determines that these may provide habitat or other wildlife benefits and do not represent a hazardous condition. In the event that existing tree canopy proposed to be preserved for tree canopy credits dies or must be removed because it represents a hazard, the locality may require the developer to remove the tree, or a portion of the tree and to replace the missing canopy area by the planting of nursery stock trees, or if a viable alternative, by tree seedlings. Existing trees that have been granted credits will be replaced with canopy area determined using the same supplemental credit multipliers as originally granted for that canopy area.
18. Penalties for violation of ordinances adopted pursuant to this section shall be the same as those applicable to violations of zoning ordinances of the locality.
19. In no event shall any local tree conservation ordinance adopted pursuant to this section exceed the requirements set forth herein; however, any local ordinance adopted pursuant to the provisions of § 15.2-961 prior to July 1, 1990, may adopt the tree conservation provisions of this section based on 10-year minimum tree canopy requirements.
20. Nothing in this section shall invalidate any local ordinance adopted pursuant to § 15.2-961 . (2008, cc. 333, 711.)

Editor's note. - Acts 2021, Sp. Sess. I, cc. 89 and 90, cl. 2 provides: "That the Secretary of Natural Resources and Secretary of Agriculture and Forestry (the Secretaries) shall convene a stakeholder work group (the Work Group) for the purpose of developing and providing recommendations to state and local governments related to policies that encourage the conservation of mature trees and tree cover on sites being developed, increase tree canopy cover in communities, and encourage the planting of trees. The Work Group shall also examine the Commonwealth's existing enabling statutes and their use related to the preservation, planting, and replacement of trees during the land development process, including §§ 15.2-961 and 15.2-961.1 of the Code of Virginia and the amendments to such sections provided in the first enactment of this act, and recommend amendments to those statutes or the adoption of new Code sections that would enhance the preservation, planting, and replacement of trees during the land development process and increase incentives for the preservation, planting, and replacement of trees during the land development process. The Work Group shall be composed of representatives of the residential and commercial development industries, representatives of agricultural and forestry industries, professional environmental technical experts, representatives of environmental and conservation organizations, representatives of local governments, solar developers, and other affected parties so that the various stakeholders are represented in the Work Group. No later than October 1, 2021, the Secretaries shall provide a report containing the Work Group's detailed findings, recommendations, and draft legislation to encourage the conservation of tree cover and mature trees, and the planting of trees, to the Chairmen of the House Committee on Agriculture, Chesapeake and Natural Resources, the House Committee on Counties, Cities and Towns, the Senate Committee on Agriculture, Conservation and Natural Resources, and the Senate Committee on Local Government."

§ 15.2-961.2. Conservation of trees; notice of infill lot grading plan.

An ordinance adopted pursuant to § 15.2-961.1 may allow a locality to post signs on private property that is proposed to be redeveloped with one single-family home that notify the public that an infill lot grading plan is pending for review before the locality. The locality may not require the applicant to be responsible for such posting. The failure to post the property shall not be a ground for denial of such grading plan.

(2016, cc. 317, 412.)

§ 15.2-962. Authority to require a unified geographic information system for a locality.

Any locality may by ordinance require that any or all of its agencies, departments, authorities, committees, instrumentalities, or political subdivisions participate in one or more unified or centralized systems for geographic information, mapping, surveying, or land information. The ordinance may establish such conditions as may be necessary to develop, maintain, and operate any such system for geographic information, mapping, surveying, or land information.

(1992, c. 39, § 15.1-11.7; 1997, c. 587.)

§ 15.2-963. Local offices of consumer affairs; establishment; powers and duties.

Any county or city may, by ordinance, establish a local office of consumer affairs that shall have only such powers as may be necessary to perform the following duties:

1. To serve as a central coordinating agency and clearinghouse for receiving and investigating complaints of illegal, fraudulent, deceptive, or dangerous practices occurring in such county or city, and referring such complaints to the local departments or agencies charged with enforcement of consumer laws. The processing of complaints involving statutes or regulations administered by state agencies shall be coordinated, where applicable, with the Division of Consumer Counsel of the Department of Law;
2. To attempt to resolve complaints received pursuant to subdivision 1 by means of voluntary mediation or arbitration that may involve the creation of written agreements to resolve individual complaints between complainants and respondents to complaints;
3. To develop programs of community consumer education and information; and
4. To maintain records of consumer complaints and their eventual disposition, provided that records disclosing the business interests of any person, trade secrets, or the names of customers shall be held confidential except to the extent that disclosures of such matters may be necessary for the enforcement of laws. A copy of all periodic reports compiled by any local office of consumer affairs shall be filed with the Division of Consumer Counsel of the Department of Law.

   (1974, c. 644, § 15.1-23.2; 1987, c. 463; 1997, c. 587; 1998, c. 194; 2013, c. 24.)

The 1998 amendments. - The 1998 amendment by c. 194, in subdivision 1, in the first sentence, deleted "from citizens of the county or city" following "investigating complaints," and inserted "occurring in such county or city."

The 2013 amendments. - The 2013 amendment by c. 24 substituted "Division of Consumer Counsel of the Department of Law" for "Department of Agriculture and Consumer Services" at the end of subdivisions 1 and 4; and deleted "hereof" preceding "by means" in subdivision 2; substituted "that" for "the" in subdivision 4; and made minor stylistic changes.

Law review. - For survey of developments in Virginia commercial law for the year 1973-1974, see 60 Va. L. Rev. 1475 (1974).

OPINIONS OF THE ATTORNEY GENERAL

Statute controls over general mediation provisions of §§ 8.01-581.21 to 8.01-581.23 . - In light of the specific statutory language regarding mediation of consumer complaints contained in § 15.2-963 , this statute controls over the more general mediation provisions of § 8.01-581.21 through 8.01-581.23 and, therefore, § 8.01-581.21 through 8.01-581.23 are not applicable to the investigation and mediation activities connected with the resolution of consumer complaints pursuant to § 15.2-963 . See opinion of Attorney General to The Honorable Harvey L. Bryant III, Commonwealth's Attorney for the City of Virginia Beach, 01-033, 2001 Va. AG LEXIS 47 (7/30/01).

§ 15.2-964. Organization of local human services activities; authorization of reorganization by Governor.

1. Any city or county may prepare and submit to the Governor a plan to reorganize the governmental structures or administrative procedures and systems of human resources agencies should provisions of law or the rules, regulations and standards of any state agency prohibit or restrict the implementation of such a reorganization. The plan shall set forth the proposed reorganization and the provisions of law or the rules, regulations or standards that prohibit or restrict the implementation of such proposed reorganization.
2. The Governor shall prepare, and provide to those counties and cities which request them, guidelines for the preparation and submission to him of reorganization plans by a city or county. The Governor may consider only those reorganization plans adopted by resolution of the governing body of the city or county applying for approval to reorganize its human services agencies.
3. The several state boards and commissions which are empowered to promulgate rules, regulations and guidelines affecting the organization or administration of local human service agencies are hereby authorized to modify their respective rules, regulations and guidelines at the direction of the Governor in furtherance of any reorganization plan approved by him.
4. If a provision or provisions of law prohibit or restrict the implementation of all or part of such reorganization plan the Governor shall transmit such plan or such parts of such plan affected by such laws to each House of the General Assembly at least 45 days prior to the commencement of a regular or special session of the General Assembly. Such plan or portions of such plan so transmitted by the Governor under this section shall not become effective unless it is introduced by bill and enacted into law.
5. The plan or such portions of the plan transmitted by the Governor to the General Assembly shall set forth: (i) the provision or provisions of law that prohibit or restrict the implementation of such plan or parts of such plan; (ii) the changes in governmental structure or administrative procedure system of the human resources agencies affected; and (iii) the anticipated effects of such changes upon the efficiency and effectiveness of the agencies affected.
6. Any reorganization authorized under the provision of this section shall be implemented within appropriations or other funds which may be made available to the city or county requesting such reorganization approval.
7. Nothing in this section shall be interpreted to permit a city or county to eliminate the provision of any service required by law or to reduce the level of service below any level required by law.
8. The localities shall be required to maintain financial and statistical records in accordance with the guidelines issued by the Governor so as to allow responsible state agencies to review records and determine costs for programs for which the agency is responsible.
9. For the purposes of this section the term "human resource agencies" means agencies that deliver social, employment, health, mental health and developmental, rehabilitation, nursing, or information and referral services and such other related services.

   (1978, c. 832, § 15.1-36.2; 1983, c. 352; 1997, c. 587; 2012, cc. 476, 507.)

The 2012 amendments. - The 2012 amendments by cc. 476 and 507 are identical, and substituted "45 days" for "forty-five days" in the first sentence of subsection D and "agencies that deliver social, employment, health, mental health and developmental, rehabilitation, nursing, or information and referral services and" for "agencies which deliver social, employment, health, mental health and mental retardation, rehabilitation, nursing, information and referral service, and" in subsection I.

§ 15.2-965. Human rights ordinances and commissions.

1. Any locality may enact an ordinance, not inconsistent with nor more stringent than any applicable state law, prohibiting discrimination in housing, employment, public accommodations, credit, and education on the basis of race, color, religion, sex, pregnancy, childbirth or related medical conditions, national origin, military status, age, marital status, sexual orientation, gender identity, or disability.
2. The locality may enact an ordinance establishing a local commission on human rights that shall have the powers and duties granted by the Virginia Human Rights Act (§ 2.2-3900 et seq.).
3. As used in this section:

   "Gender identity" means the gender-related identity, appearance, or other gender-related characteristics of an individual, without regard to the individual's designated sex at birth.

   "Military status" means status as (i) a member of the uniformed forces, as defined in 10 U.S.C. § 101(a)(5), of the United States or a reserve component thereof named under 10 U.S.C. § 10101, (ii) a veteran as defined in 38 U.S.C. § 101(2), or (iii) a dependent as defined in 50 U.S.C. § 3911(4) except that the support provided by the service member to the individual shall have been provided 180 days immediately preceding an alleged action that if proven true would constitute unlawful discrimination under this section instead of 180 days immediately preceding an application for relief under 50 U.S.C. Chapter 50.

   "Sexual orientation" means a person's actual or perceived heterosexuality, bisexuality, or homosexuality.

   (1987, c. 569, § 15.1-37.3:8; 1997, cc. 404, 587; 2020, cc. 131, 1137, 1140; 2021, Sp. Sess. I, cc. 477, 478.)

Cross references. - As to exclusions under Virginia Freedom of Information Act for records relating to administrative investigations, see § 2.2-3705.3 .

As to the the Virginia Human Rights Act in construction with other programs to aid persons with disabilities, minors, and the elderly, see § 2.2-3902 .

As to causes of action under Chapter 39 ( § 2.2-3900 et seq.) of Title 2.2 and under the Office of Human Rights, see § 2.2-3903 .

Editor's note. - Pursuant to Acts 1997, c. 587, cl. 6, effect has been given in this section, as set out above, to Acts 1997, c. 404, which amended § 15.1-37.3:8, the comparable former version of the section. In accordance with c. 404, the amendment inserted "pregnancy, childbirth or related medical conditions" preceding "national origin" in subsection A.

Acts 1997, c. 404, cl. 2 provides: "That the provisions of this act [which amended §§ 2.1-715 (see now § 2.2-3900 ), 2.1-716 (see now § 2.2-3901 ), 2.1-717 (see now § 2.2-3902 ), 2.1-725 (see now § 2.2-2639), 15.1-37.3:8, 15.1-783.1, 15.1-783.2] are declarative of existing law."

The 2020 amendments. - The 2020 amendment by c. 131, in subsection A, deleted "or" preceding "disability" and added "sexual orientation, or gender identity"; and added subsection C.

The 2020 amendment by cc. 1137 and 1140 are almost identical, and in subsection A, inserted "sexual orientation, gender identity" and made a stylistic change in subsection B. In addition c. 1140 inserted "status as a veteran."

The 2021 Sp. Sess. I amendments. - The 2021 amendments by Sp. Sess. I, cc. 477 and 478, effective July 1, 2021, are identical, and substituted "military status" for "status as a veteran" in subsection A; and inserted the definition for "Military status" in subsection C.

§ 15.2-965.1. Participation of small, women-owned, and minority-owned businesses.

1. Any locality may enact an ordinance providing that whenever there exists (i) a rational basis for small business enhancement, or (ii) a persuasive analysis that documents a statistically significant disparity between the availability and utilization of women-owned and minority-owned businesses, the chief executive of the local governing entity shall be authorized and encouraged to require implementation of appropriate enhancement and remedial measures consistent with prevailing law.
2. A small, women-owned, or minority-owned business that is certified by the Department of Small Business and Supplier Diversity pursuant to § 2.2-1606 shall not be required by any locality to obtain any additional certification to participate in any program designed to enhance the participation of such businesses as vendors or to remedy any documented disparity. (2004, cc. 865, 891; 2006, cc. 831, 921; 2009, c. 869; 2013, c. 482.)

Cross references. - As to facilitation of participation of small businesses and businesses owned by women, minorities, and service disabled veterans in procurement transactions, see § 2.2-4310 . As to exemptions under the Virginia Public Procurement Act, see § 2.2-4343 .

Editor's note. - Acts 2004, cc. 865 and 891, cl. 2 provides: "That any analysis that is used by the Governor or a locality as a basis for determining the existence of discrimination based on race or gender in the awarding of contracting opportunities shall use the standards established by the United States Supreme Court in The City of Richmond v. J. A. Croson Company , 488 U.S. 469, (1985) and any subsequent decisions of the United States Supreme Court or other binding authority concerning such standards."

The 2006 amendments. - The 2006 amendments by cc. 831 and 921 are identical, and inserted the A designation at the beginning of the first paragraph and added subsection B.

The 2009 amendments. - The 2009 amendment by c. 869 inserted "owned" following "women-" in subsection B.

The 2013 amendments. - The 2013 amendment by c. 482, effective January 1, 2014, substituted "women-owned" for "women-" in clause (ii) of subsection A; and in subsection B, substituted "Small Business and Supplier Diversity" for "Minority Business Enterprises," and " § 2.2-1606 " for " § 2.2-1403."

§ 15.2-965.2. Enhancement of micro-business participation in local procurement.

1. Any locality may enact an ordinance to enhance micro-business participation in local government procurement practices. Such measures may include special designation of local micro-businesses, providing technical support to micro-businesses, setting target goals for micro-business participation in the local procurement process, and other reasonable measures intended to promote micro-business participation in the locality.
2. For purposes of this section, "micro-business" means a small, women-owned, or minority-owned business with no more than 25 employees.

   (2020, c. 1123.)

§ 15.2-966. Establishment and operation of educational television stations.

Any locality may provide for the establishment, ownership, maintenance and operation of educational television stations within or outside the locality. The operation of any such station shall be under the direction of the school board of the locality establishing the station.

The facilities of any such station may be made available to any educational institution upon terms as may be agreed upon by the operating board of the station and the governing body of the institution.

(Code 1950, § 15-15.3; 1960, c. 533; 1962, c. 623, § 15.1-23; 1997, c. 587.)

Michie's Jurisprudence. - For related discussion, see 16 M.J. Schools, § 1.

§ 15.2-966.1. Establishment of primary health care facility for employees of locality.

Any locality may establish and operate a primary care health care facility for the locality's employees and covered dependents. Such facility may provide vision and dental care in addition to medical services.

(2019, c. 505.)

§ 15.2-967. Parking facilities.

Any locality may provide off-street automobile parking facilities and open them to the public, with or without charge, and when any locality constructs or has constructed any such facility, it may lease space therein for private commercial purposes which are necessary for sound fiscal management of the parking facility or which space is not suitable for parking.

(Code 1950, § 15-6; 1960, c. 528; 1962, c. 623, § 15.1-14; 1970, c. 453; 1973, c. 402; 1990, c. 58; 1997, c. 587.)

Law review. - For discussion of some legal and financial considerations relating to parking facilities, see 46 Va. L. Rev. 595 (1960).

Michie's Jurisprudence. - For related discussion, see 7A M.J. Eminent Domain, § 14.

§ 15.2-967.1. Regulation of certain transportation services.

A local transportation service that operates as a nonprofit organization and that primarily serves senior citizens and disabled citizens shall be exempted from any local license tax imposed upon taxicab services and other for-hire transportation services.

(2010, c. 556.)

§ 15.2-967.2. Electric vehicle charging stations.

Any locality may locate and operate a retail fee-based electric vehicle charging station on property the locality owns or leases. A locality may provide that the use of such station is restricted to employees of the locality and authorized visitors and may install signage that provides notice of such restriction.

(2018, cc. 295, 446.)

Editor's note. - Acts 2018, cc. 295 and 446, cl. 2 provides: "That the provisions of this act shall apply to any electric vehicle charging station existing prior to the effective date of this act [July 1, 2018] that is otherwise in compliance with the requirements of this act."

§ 15.2-968. Regulation of parking of vehicles within boundaries of state-supported institutions.

Any county or city may, upon request of the governing body of any state-supported institution lying wholly or partially within the county or city, regulate the parking of motor vehicles and all other vehicles on the roads, streets, alleys, grounds and other areas within such portions of the boundaries of such institution as lie within the county or city.

Any city adopting an ordinance pursuant to this section may provide in the ordinance that regulations made pursuant to this section shall be enforced by persons appointed under § 19.2-13. No penalty for the violation of any such ordinance shall exceed a fine of twenty dollars. Any request from the governing body of any such institution to the governing body of the county or city shall be in writing and signed by the presiding officers of the institution's governing body and shall be accompanied by a certified copy of a resolution of such governing body authorizing the request to be made.

The circuit court for any county or city which has adopted an ordinance pursuant to this section shall have jurisdiction to try cases arising under such ordinance to the same extent as criminal cases arising in the county or city. The provisions of this section shall not affect the application of §§ 46.2-1231 through 46.2-1234 .

(Code 1950, § 15-6.1; 1952, c. 472; 1962, c. 623, § 15.1-516; 1964, c. 245; 1997, c. 587.)

Cross references. - As to recovery of fines and penalties and tax collection and disposition of fines, see Chapter 21 ( § 19.2-339 et seq.) of Title 19.2.

§ 15.2-968.01. Parking in certain residential areas.

Notwithstanding any other provision of general law, localities may by ordinance permit the parking of vehicles within residential areas in a public right-of-way that constitutes a part of the state highway system so long as the vehicle does not obstruct the right-of-way.

(2015, c. 233.)

§ 15.2-968.1. Use of photo-monitoring systems to enforce traffic light signals.

1. The governing body of any county, city, or town may provide by ordinance for the establishment of a traffic signal enforcement program imposing monetary liability on the operator of a motor vehicle for failure to comply with traffic light signals in such locality in accordance with the provisions of this section. Each such locality may install and operate traffic light signal photo-monitoring systems at no more than one intersection for every 10,000 residents within each county, city, or town at any one time, provided, however, that within planning District 8, each such locality may install and operate traffic light signal photo-monitoring systems at no more than 10 intersections, or at no more than one intersection for every 10,000 residents within each county, city, or town, whichever is greater, at any one time.
2. The operator of a vehicle shall be liable for a monetary penalty imposed pursuant to this section if such vehicle is found, as evidenced by information obtained from a traffic light signal violation monitoring system, to have failed to comply with a traffic light signal within such locality.
3. Proof of a violation of this section shall be evidenced by information obtained from a traffic light signal violation monitoring system authorized pursuant to this section. A certificate, sworn to or affirmed by a law-enforcement officer employed by a locality authorized to impose penalties pursuant to this section, or a facsimile thereof, based upon inspection of photographs, microphotographs, videotape, or other recorded images produced by a traffic light signal violation monitoring system, shall be prima facie evidence of the facts contained therein. Any photographs, microphotographs, videotape, or other recorded images evidencing such a violation shall be available for inspection in any proceeding to adjudicate the liability for such violation pursuant to an ordinance adopted pursuant to this section.
4. In the prosecution for a violation of any local ordinance adopted as provided in this section, prima facie evidence that the vehicle described in the summons issued pursuant to this section was operated in violation of such ordinance, together with proof that the defendant was at the time of such violation the owner, lessee, or renter of the vehicle, shall constitute in evidence a rebuttable presumption that such owner, lessee, or renter of the vehicle was the person who committed the violation. Such presumption shall be rebutted if the owner, lessee, or renter of the vehicle (i) files an affidavit by regular mail with the clerk of the general district court that he was not the operator of the vehicle at the time of the alleged violation or (ii) testifies in open court under oath that he was not the operator of the vehicle at the time of the alleged violation. Such presumption shall also be rebutted if a certified copy of a police report, showing that the vehicle had been reported to the police as stolen prior to the time of the alleged violation of this section, is presented, prior to the return date established on the summons issued pursuant to this section, to the court adjudicating the alleged violation.
5. For purposes of this section, "owner" means the registered owner of such vehicle on record with the Department of Motor Vehicles. For purposes of this section, "traffic light signal violation monitoring system" means a vehicle sensor installed to work in conjunction with a traffic light that automatically produces two or more photographs, two or more microphotographs, video, or other recorded images of each vehicle at the time it is used or operated in violation of § 46.2-833 , 46.2-835 , or 46.2-836 . For each such vehicle, at least one recorded image shall be of the vehicle before it has illegally entered the intersection, and at least one recorded image shall be of the same vehicle after it has illegally entered that intersection.
6. Imposition of a penalty pursuant to this section shall not be deemed a conviction as an operator and shall not be made part of the operating record of the person upon whom such liability is imposed, nor shall it be used for insurance purposes in the provision of motor vehicle insurance coverage. No monetary penalty imposed under this section shall exceed $50, nor shall it include court costs. Any finding in a district court that an operator has violated an ordinance adopted as provided in this section shall be appealable to the circuit court in a civil proceeding.
7. A summons for a violation of this section may be executed pursuant to § 19.2-76.2. Notwithstanding the provisions of § 19.2-76, a summons for a violation of this section may be executed by mailing by first class mail a copy thereof to the owner, lessee, or renter of the vehicle. In the case of a vehicle owner, the copy shall be mailed to the address contained in the records of the Department of Motor Vehicles; in the case of a vehicle lessee or renter, the copy shall be mailed to the address contained in the records of the lessor or renter. Every such mailing shall include, in addition to the summons, a notice of (i) the summoned person's ability to rebut the presumption that he was the operator of the vehicle at the time of the alleged violation through the filing of an affidavit as provided in subsection D and (ii) instructions for filing such affidavit, including the address to which the affidavit is to be sent. If the summoned person fails to appear on the date of return set out in the summons mailed pursuant to this section, the summons shall be executed in the manner set out in § 19.2-76.3. No proceedings for contempt or arrest of a person summoned by mailing shall be instituted for failure to appear on the return date of the summons. Any summons executed for a violation of this section shall provide to the person summoned at least 30 business days from the mailing of the summons to inspect information collected by a traffic light signal violation monitoring system in connection with the violation.
8. Information collected by a traffic light signal violation monitoring system installed and operated pursuant to subsection A shall be limited exclusively to that information that is necessary for the enforcement of traffic light violations. On behalf of a locality, a private entity that operates a traffic light signal violation monitoring system may enter into an agreement with the Department of Motor Vehicles, in accordance with the provisions of subdivision B 21 of § 46.2-208 , to obtain vehicle owner information regarding the registered owners of vehicles that fail to comply with a traffic light signal. Information provided to the operator of a traffic light signal violation monitoring system shall be protected in a database with security comparable to that of the Department of Motor Vehicles' system, and used only for enforcement against individuals who violate the provisions of this section. Notwithstanding any other provision of law, all photographs, microphotographs, electronic images, or other personal information collected by a traffic light signal violation monitoring system shall be used exclusively for enforcing traffic light violations and shall not (i) be open to the public; (ii) be sold or used for sales, solicitation, or marketing purposes; (iii) be disclosed to any other entity except as may be necessary for the enforcement of a traffic light violation or to a vehicle owner or operator as part of a challenge to the violation; or (iv) be used in a court in a pending action or proceeding unless the action or proceeding relates to a violation of § 46.2-833 , 46.2-835 , or 46.2-836 or requested upon order from a court of competent jurisdiction. Information collected under this section pertaining to a specific violation shall be purged and not retained later than 60 days after the collection of any civil penalties. If a locality does not execute a summons for a violation of this section within 10 business days, all information collected pertaining to that suspected violation shall be purged within two business days. Any locality operating a traffic light signal violation monitoring system shall annually certify compliance with this section and make all records pertaining to such system available for inspection and audit by the Commissioner of Highways or the Commissioner of the Department of Motor Vehicles or his designee. Any person who discloses personal information in violation of the provisions of this subsection shall be subject to a civil penalty of $1,000 per disclosure. Any unauthorized use or disclosure of such personal information shall be grounds for termination of the agreement between the Department of Motor Vehicles and the private entity.
9. A private entity may enter into an agreement with a locality to be compensated for providing the traffic light signal violation monitoring system or equipment, and all related support services, to include consulting, operations and administration. However, only a law-enforcement officer employed by a locality may swear to or affirm the certificate required by subsection C. No locality shall enter into an agreement for compensation based on the number of violations or monetary penalties imposed.
10. When selecting potential intersections for a traffic light signal violation monitoring system, a locality shall consider factors such as (i) the accident rate for the intersection, (ii) the rate of red light violations occurring at the intersection (number of violations per number of vehicles), (iii) the difficulty experienced by law-enforcement officers in patrol cars or on foot in apprehending violators, and (iv) the ability of law-enforcement officers to apprehend violators safely within a reasonable distance from the violation. Localities may consider the risk to pedestrians as a factor, if applicable.
11. Before the implementation of a traffic light signal violation monitoring system at an intersection, the locality shall complete an engineering safety analysis that addresses signal timing and other location-specific safety features. The length of the yellow phase shall be established based on the recommended methodology of the Institute of Transportation Engineers. No traffic light signal violation monitoring system shall be implemented or utilized for a traffic signal having a yellow signal phase length of less than three seconds. All traffic light signal violation monitoring systems shall provide a minimum 0.5-second grace period between the time the signal turns red and the time the first violation is recorded. If recommended by the engineering safety analysis, the locality shall make reasonable location-specific safety improvements, including signs and pavement markings.
12. Any locality that uses a traffic light signal violation monitoring system shall evaluate the system on a monthly basis to ensure all cameras and traffic signals are functioning properly. Evaluation results shall be made available to the public.
13. Any locality that uses a traffic light signal violation monitoring system to enforce traffic light signals shall place conspicuous signs within 500 feet of the intersection approach at which a traffic light signal violation monitoring system is used. There shall be a rebuttable presumption that such signs were in place at the time of the commission of the traffic light signal violation.
14. Prior to or coincident with the implementation or expansion of a traffic light signal violation monitoring system, a locality shall conduct a public awareness program, advising the public that the locality is implementing or expanding a traffic light signal violation monitoring system.
15. Notwithstanding any other provision of this section, if a vehicle depicted in images recorded by a traffic light signal photo-monitoring system is owned, leased, or rented by a county, city, or town, then the county, city, or town may access and use the recorded images and associated information for employee disciplinary purposes.

    (2007, cc. 836, 903; 2010, c. 175; 2012, cc. 805, 836; 2014, c. 163; 2015, c. 714.)

Editor's note. - Acts 2011, cc. 36 and 152, cl. 3 provides: "That the Virginia Code Commission shall carry out such editorial changes to the Code of Virginia as may be required to reflect the provisions of this act changing the title 'Commonwealth Transportation Commissioner' to 'Commissioner of Highways."' "Commissioner of Highways" was substituted for "Commonwealth Transportation Commissioner" in this section.

The 2010 amendments. - The 2010 amendment by c. 175, in subsection H, rewrote the second sentence, which read: "On behalf of a locality, a private entity may not obtain records regarding the registered owners of vehicles that fail to comply with traffic light signals," added "per disclosure" at the end of the next-to-last sentence; and added subsection O.

The 2012 amendments. - The 2012 amendments by cc. 805 and 836 are identical, and deleted "A locality shall submit a list of intersections to the Virginia Department of Transportation for final approval." at the end of subsection J.

The 2014 amendments. - The 2014 amendment by c. 163, in subsection K, added the third sentence.

The 2015 amendments. - The 2015 amendment by c. 714 added the last sentence in subsection F.

CIRCUIT COURT OPINIONS

Constitutionality. - Fairfax, Va., City Code, pt. II, ch. 98, art. 1, § 98-21 (2005), which implements the traffic light signal photo-monitoring system authorized under § 15.2-968.1 , is constitutional. City of Fairfax v. Cooper, 99 Va. Cir. 334, 2018 Va. Cir. LEXIS 120 (Fairfax County July 10, 2018).

OPINIONS OF THE ATTORNEY GENERAL

Use of funds. - Since the funds collected by localities in enforcing their traffic light laws do not constitute "fines for offenses against the Commonwealth," the General Assembly constitutionally may permit localities to retain such funds. See opinion of Attorney General to The Honorable Joseph D. Morrissey, Member, House of Delegates, 11-034, 2011 Va. AG LEXIS 24 (4/15/11).

Institution of prosecution. - A prosecution for violating § 46.2-844 (passing a stopped school bus), which is based on a video monitoring system, may not be initiated by mailing a summons, but must be instituted by a law enforcement officer issuing a summons to the alleged violator See opinion of Attorney General to Larry W. Davis, Esquire, County Attorney for Albemarle County, No. 15-047, 2015 Va. AG LEXIS 29 (10/2/15).

§ 15.2-969. Ordinances prohibiting resale of tickets to certain public events; penalty.

Any locality may provide, by ordinance, that it is unlawful for any person, firm or corporation to resell for profit any ticket for admission to any sporting event, theatrical production, lecture, motion picture or any other event open to the public for which tickets are ordinarily sold, except in the case of religious, charitable, or educational organizations where all or a portion of the admission price reverts to the sponsoring group and the resale for profit of such ticket is authorized by the sponsor of the event and the manager or owner of the facility in which the event is being held. Such ordinance may provide that violators thereof are guilty of a Class 3 misdemeanor.

This section shall not apply to any resale of a ticket that occurs on the Internet.

(1970, c. 530, § 15.1-29.3; 1982, c. 279; 1995, c. 339; 1997, c. 587; 2009, cc. 321, 376.)

Cross references. - As to punishment for Class 3 misdemeanors, see § 18.2-11 .

The 2009 amendments. - The 2009 amendments by cc. 321 and 376 are identical, and added the last paragraph.

§ 15.2-970. Construction of dams, levees, seawalls, etc.; certain proceedings prohibited.

1. Any locality may construct a dam, levee, seawall or other structure or device, or perform dredging operations hereinafter referred to as "works," the purpose of which is to prevent the tidal erosion, flooding or inundation of such locality, or part thereof. The design, construction, performance, maintenance and operation of any of such works is hereby declared to be a proper governmental function for a public purpose.
2. No person, association or political subdivision shall bring any action at law or suit in equity against any locality because of, or arising out of, the design, maintenance, performance, operation or existence of such works but nothing herein shall prevent any such action or suit based upon a written contract. This provision shall not be construed to authorize the taking of private property without just compensation therefor and provided further that the tidal erosion, flooding or inundation of any lands of any other person by the construction of a dam or levee to impound or control fresh water shall be a taking of such land within the meaning of the foregoing provision.

   (Code 1950, § 15-20.6; 1960, c. 516; 1962, c. 623, § 15.1-31; 1966, c. 270; 1968, c. 793; 1980, c. 460; 1997, c. 587.)

Law review. - For note, "Public Regulation of Water Quality in Virginia," see 13 Wm. & Mary L. Rev. 424 (1971).

Research References. - Virginia Forms (Matthew Bender). No. 1-503 Complaint Against Municipal Corporation - Property Damage Caused by Flooding. No. 1-509 Answer of Municipal Corporation - Property Damage Caused by Flooding.

§ 15.2-971. Armories and markets; assistance to National Guard.

1. A locality may provide and operate armories and markets, or may contract with others for supplying such facilities.
2. Any locality may appropriate out of the general levy, except the school fund, and expend annually such sums of money as their judgment may warrant to aid and assist in the erection and maintenance of suitable armories for companies of the Virginia National Guard, or otherwise contribute towards the assistance and maintenance of such companies.

   (Code 1950, §§ 15-77.44, 15-694; 1958, c. 328; 1962, c. 623, §§ 15.1-268, 15.1-880; 1970, c. 225; 1997, c. 587.)

§ 15.2-972. Appropriations for the upkeep of certain cemeteries.

Any locality may make appropriations in such sums and at such times as the governing body of the locality deems proper, for the care and upkeep of any cemetery in the locality in which free burial space is provided.

(Code 1950, § 15-17; 1962, c. 623, § 15.1-511; 1997, c. 587.)

Cross references. - See Va. Const., Art. IV, § 16.

OPINIONS OF THE ATTORNEY GENERAL

Use of public funds to repair or maintain roads providing ingress and egress to a private cemetery is not authorized under this section. See opinion of Attorney General to The Honorable Phillip P. Puckett, Member, Senate of Virginia, 04-071, 2004 Va. AG LEXIS 55 (10/19/04).

The phrase "in which free burial space is provided" means free burial space that is provided to the general public of a locality. See opinion of Attorney General to The Honorable Phillip P. Puckett, Member, Senate of Virginia, 04-071, 2004 Va. AG LEXIS 55 (10/19/04).

§ 15.2-973. Ordinances imposing license taxes on owners of certain motor vehicles.

Any locality may adopt an ordinance imposing a license tax, in an amount not exceeding $100 annually, upon the owners of motor vehicles that do not display current license plates and that are not exempted from the requirements of displaying such license plates under the provisions of Article 6 (§ 46.2-662 et seq.) of Chapter 6 of Title 46.2, §§ 46.2-1554 and 46.2-1555 , are not in a public dump, in an "automobile graveyard" as defined in § 33.2-804, or in the possession of a licensed junk dealer or licensed motor vehicle dealer. Nothing in this section shall be applicable to any vehicle being held or stored by or at the direction of any governmental authority, to any vehicle owned by a member of the armed forces on active duty or to any vehicle regularly stored within a structure. Nothing in this section shall be applicable to motor vehicles that are stored on private property for the purpose of restoration or repair or for removing parts for the repair of another vehicle.

(1970, c. 380, § 15.1-27.1; 1977, c. 557; 1982, c. 216; 1988, c. 484; 1997, c. 587; 2013, c. 347.)

Editor's note. - References in this section were updated at the direction of the Virginia Code Commission to conform to the recodification of Title 33.2 by Acts 2014, c. 805, effective October 1, 2014.

The 2013 amendments. - The 2013 amendment by c. 347 substituted "that" for "which" twice in the first sentence, deleted the former second sentence which read; "Such ordinance shall exempt from such tax any vehicles which are stored on private property for a period not in excess of sixty days, for the purpose of removing parts for the repair of another vehicle," and added the last sentence.

§ 15.2-974. Permits for display of fireworks; use and exhibitions.

The governing bodies of the several counties, cities and towns shall have the power to provide for the issuance of permits for the display of fireworks by fair associations, amusement parks, or by any organization or group of individuals, under the minimum terms and conditions set forth in the Virginia Statewide Fire Prevention Code (§ 27-94 et seq.) and any additional terms and conditions as may be prescribed by the locality. Any association, organization, or group that has been issued a permit may purchase and make use of fireworks under the terms and conditions of such permit.

(2002, c. 856.)

§ 15.2-975. Use of cash proffers.

Localities which are authorized to accept voluntary cash proffers may also issue bonds under the provisions of the Public Finance Act and other applicable law including local charters, to finance improvements contained in the construction improvement program, to the extent that the costs of such improvements have been pledged by landowners as voluntary cash proffers. Authorized localities may pledge the proceeds of such proffers as a specific undertaking from which revenue is derived pursuant to Article VII, Section 10 (a) (3) of the Constitution of Virginia. The use of pledged cash proffers to finance improvements shall be limited to the improvements or class of improvements for which the proffer was originally pledged, and all or any part of the total amount pledged through the conditional zoning process may be further pledged by the locality to support repayment of any such debt.

(2004, c. 927.)

§ 15.2-976. Notification of changes to the Federal Emergency Management Agency Special Flood Hazard Area map.

Any locality receiving notification from the United States Federal Emergency Management Agency (FEMA) that a change in the FEMA Special Flood Hazard Area map concerns or relates to real property within such locality shall provide to each owner of any such property (i) written notification that such change has occurred within that locality and (ii) written notification of the website, address, and telephone number for the National Flood Insurance Program to aid the property owner in determining if there has been a change to the flood risk of the property. Notice sent by bulk or first class mail to the last known address of such owner as shown on the current real estate tax assessment books or current real estate tax assessment records shall be deemed adequate compliance with this requirement.

(2007, c. 211.)

§ 15.2-977. Green Roof Incentive Programs.

1. For purposes of this section, "green roof" means a roof or partially covered roof consisting of plants, soil, or another lightweight growing medium that is installed on top of a waterproof membrane and designed in accordance with the Virginia Stormwater Management Program's standards and specifications for green roofs, as set forth in the Virginia BMP Clearinghouse.
2. Any locality may establish a rate incentive program designed to encourage the use of green roofs in the construction and remodeling of residential and commercial buildings. If established, the incentives shall be based on the percentage of stormwater runoff reduction the green roof provides.

   (2009, c. 402.)

Editor's note. - Acts 2009, c. 402, cl. 2 provides: "Until such time as standards and specifications for vegetative roofing systems are set forth in the Virginia Stormwater BMP Clearinghouse, this legislation shall not preclude the use of containerized vegetative roofing systems designed in accordance with other standards and specifications from qualifying for the local incentives for green roofing pursuant to § 15.2-977 ."

§ 15.2-978. Registration by locality of cemeteries, graveyards, or other places of burial on private property.

Any locality may adopt an ordinance setting forth a register of identified cemeteries, graveyards, or other places of burial located on private property not belonging to any memorial or monumental association. The official local register may include an official map.

(2009, c. 718.)

The number of this section was assigned by the Virginia Code Commission, the number in the 2009 act having been § 15.2-977 .

§ 15.2-979. Notice of sale under deed of trust.

1. Notice shall be given to the chief administrative officer or designee of a locality and, if the property is located in a common interest community as defined in § 54.1-2345 , to the common interest community association, when residential property located within that locality or common interest community becomes subject to a sale under a deed of trust.
2. The notice required by this section shall:
   1. Be made by the trustee or any substitute trustee authorized to conduct the sale under the deed of trust;
   2. Be given no later than 60 days after the sale of the residential property under the deed of trust;
   3. Include (i) the street address of the residential property, (ii) the name of all property owners whose ownership was subject to the deed of trust, (iii) the name and contact information, including telephone number, of the person filing the notice, and (iv) the name and address of all owners holding the property as a result of the sale.
3. For residential properties described in subsection A, if the mortgage loan secured by the deed of trust has been registered with a national mortgage loan electronic registration system to which the locality has access and which registry includes a unique mortgage identification number specific to the loan and which number is tied to the name of the borrower, the street address of the property, and contact information consisting of the name, telephone number, and electronic address, if any, of the current mortgage lender or mortgage loan service provider and of the current property preservation contact, then the person authorized to conduct the sale under the deed of trust shall not have to give the locality the notice described in this section and shall be deemed to have complied with any such ordinance.
4. For purposes of this section, "residential property" means single-family detached dwellings, single-family attached dwellings, individual residential condominium units, and individual residential lots located in a development subject to the Property Owners' Association Act (§ 55.1-1800 et seq.). (2009, c. 803; 2013, c. 749; 2015, cc. 93, 410.)

Editor's note. - To conform to the recodification of Title 55 by Acts 2019, c. 712, effective October 1, 2019, the following substitutions were made at the direction of the Virginia Code Commission: substituted "54.1-2345" for "55-528" and "55.1-1800" for "55-508."

The number of this section was assigned by the Virginia Code Commission, the number in the 2009 act having been § 15.2-977 .

The 2013 amendments. - The 2013 amendment by c. 749 rewrote subsection A, and in subsection B, substituted "required" for "authorized" in the introductory paragraph, substituted "the trustee or any substitute trustee" for "the person" in subdivision B 1; substituted "60 days after the sale of the residential property under the deed of trust" for "when the notices required under § 55-59.1 are given" in subdivision B 2; inserted "whose ownership was subject to the deed of trust" in clause (ii), added clause (iv), and made related changes in subdivision B 3.

The 2015 amendments. - The 2015 amendments by cc. 93 and 410 are identical, and inserted "and individual residential lots located in a development subject to the Property Owners' Association Act ( § 55-508 et seq.)" in subsection D and made related changes.

Research References. - Virginia Forms (Matthew Bender). No. 6-902.1 Foreclosure Checklist; No. 6-906 Notice of Sale to Borrowers; No. 6-923 Accounting by Trustee; No. 16-516 Trustees' Deed.

§ 15.2-980. Civil penalties for violations of noise ordinances.

Any locality may, by ordinance, adopt a uniform schedule of civil penalties for violations of that locality's noise ordinance. This provision shall not apply to noise generated in connection with the business being performed on industrial property. Civil fines will not exceed $250 for the first offense and $500 for each subsequent offense. The locality may authorize the chief law-enforcement officer to enforce any civil penalties adopted pursuant to the provisions of this section. The provisions of this section shall not apply to railroads. No ordinance of any locality shall apply to sound emanating from any area permitted by the Virginia Department of Energy or any division thereof.

(2010, cc. 501 788; 2017, c. 649; 2021, Sp. Sess. I, c. 532.)

Editor's note. - Acts 2021, Sp. Sess. I, c. 532, cl. 2 provides: "That the provisions of this act shall become effective on October 1, 2021."

The 2017 amendments. - The 2017 amendment by c. 649 inserted the third sentence.

The 2021 Sp. Sess. I amendments. - The 2021 amendment by Sp. Sess. I, c. 532, effective October 1, 2021, substituted "Department of Energy" for "Department of Mines, Minerals and Energy."

§ 15.2-981. Authority to sell dogs trained for police work.

A locality may sell any dog specially trained for police work to the handler who was last in control of such dog, at a price deemed by the locality to be appropriate. Such sale shall not be deemed a violation of the State and Local Government Conflict of Interests Act (§ 2.2-3100 et seq.).

(2010, c. 714.)

The number of this section was assigned by the Virginia Code Commission, the number in the 2010 act having been § 15.2-980 .

§ 15.2-982. Designation of tourism activity zones.

Any locality may designate one or more tourism activity zones as areas that may be used for special events, including parades, events requiring temporary street closures, and indoor and outdoor entertainment activities. The locality shall include any designated tourism activity zone as an amendment to the locality's zoning map.

(2013, c. 246.)

Research References. - Virginia Forms (Matthew Bender). No. 16-277 Option to Purchase; No. 16-401 Land Sales Contract; No. 16-404 Virginia Bar Association Residential Contract of Purchase.

§ 15.2-983. Creation of registry for short-term rental of property.

1. As used in this section:

   "Operator" means the proprietor of any dwelling, lodging, or sleeping accommodations offered as a short-term rental, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee, or any other possessory capacity.

   "Short-term rental" means the provision of a room or space that is suitable or intended for occupancy for dwelling, sleeping, or lodging purposes, for a period of fewer than 30 consecutive days, in exchange for a charge for the occupancy.

2. 1. Notwithstanding any other provision of law, general or special, any locality may, by ordinance, establish a short-term rental registry and require operators within the locality to register annually. The registration shall be ministerial in nature and shall require the operator to provide the complete name of the operator and the address of each property in the locality offered for short-term rental by the operator. A locality may charge a reasonable fee for such registration related to the actual costs of establishing and maintaining the registry. B. 1.  Notwithstanding any other provision of law, general or special, any locality may, by ordinance, establish a short-term rental registry and require operators within the locality to register annually. The registration shall be ministerial in nature and shall require the operator to provide the complete name of the operator and the address of each property in the locality offered for short-term rental by the operator. A locality may charge a reasonable fee for such registration related to the actual costs of establishing and maintaining the registry.
   2. No ordinance shall require a person to register pursuant to this section if such person is (i) licensed by the Real Estate Board or is a property owner who is represented by a real estate licensee; (ii) registered pursuant to the Virginia Real Estate Time-Share Act (§ 55.1-2200 et seq.); (iii) licensed or registered with the Department of Health, related to the provision of room or space for lodging; or (iv) licensed or registered with the locality, related to the rental or management of real property, including licensed real estate professionals, hotels, motels, campgrounds, and bed and breakfast establishments.
3. 1. If a locality adopts a registry ordinance pursuant to this section, such ordinance may include a penalty not to exceed $500 per violation for an operator required to register who offers for short-term rental a property that is not registered with the locality. Such ordinance may provide that unless and until an operator pays the penalty and registers such property, the operator may not continue to offer such property for short-term rental. Upon repeated violations of a registry ordinance as it relates to a specific property, an operator may be prohibited from registering and offering that property for short-term rental. C. 1.  If a locality adopts a registry ordinance pursuant to this section, such ordinance may include a penalty not to exceed $500 per violation for an operator required to register who offers for short-term rental a property that is not registered with the locality. Such ordinance may provide that unless and until an operator pays the penalty and registers such property, the operator may not continue to offer such property for short-term rental. Upon repeated violations of a registry ordinance as it relates to a specific property, an operator may be prohibited from registering and offering that property for short-term rental.
   2. Such ordinance may further provide that an operator required to register may be prohibited from offering a specific property for short-term rental in the locality upon multiple violations on more than three occasions of applicable state and local laws, ordinances, and regulations, as they relate to the short-term rental.
4. Except as provided in this section, nothing herein shall be construed to prohibit, limit, or otherwise supersede existing local authority to regulate the short-term rental of property through general land use and zoning authority. Nothing in this section shall be construed to supersede or limit contracts or agreements between or among individuals or private entities related to the use of real property, including recorded declarations and covenants, the provisions of condominium instruments of a condominium created pursuant to the Virginia Condominium Act (§ 55.1-1900 et seq.), the declaration of a common interest community as defined in § 54.1-2345 , the cooperative instruments of a cooperative created pursuant to the Virginia Real Estate Cooperative Act (§ 55.1-2100 et seq.), or any declaration of a property owners' association created pursuant to the Property Owners' Association Act (§ 55.1-1800 et seq.). (2017, c. 741.)

Editor's note. - Acts 2018, c. 758, cl. 1 provides: " § 1. Notwithstanding any provision of law to the contrary, general or special, any ordinance in effect and any ordinance adopted by the governing body of the City of Lexington ('the City') shall comply with each of the following provisions:

"1. The provisions of this act shall apply to all short-term rentals, whether the City ordinance refers to such rentals as '45 Nights or Less Rentals' or by any other terms.

"2. The provisions of this act and subsections A, B, and C of § 15.2-983 of the Code of Virginia shall be construed to prohibit, limit, or otherwise supersede any existing local authority of the City to regulate the short-term rental of property through its general land use and zoning authority or any other local authority through its charter or through any provision of Title 15.2 of the Code of Virginia. The City shall not have any provision in its ordinance that is inconsistent with, or not expressly authorized by, subsections A, B, and C of § 15.2-983 of the Code of Virginia. However, subject to this act and subsections A, B, and C of § 15.2-983 of the Code of Virginia, the City may regulate short-term rentals through its general land use and zoning authority as authorized in subsection D of 15.2-983 of the Code of Virginia.

"3. The City shall not regulate the short-term rental of real property except for such rentals that are for a period of fewer than 30 consecutive days, in compliance with § 15.2-983 of the Code of Virginia.

"4. The City shall not require a business license for, nor require payment of license taxes by, any person engaged in the rental of real property, in compliance with subdivision C 7 of § 58.1-3703 of the Code of Virginia.

"5. The City may include in its ordinance a provision for a short-term rental registry only in compliance with § 15.2-983 of the Code of Virginia, including exemptions as provided in subdivision B 2 of § 15.2-983 .

"6. The City shall comply with the provisions of § 15.2-2311 of the Code of Virginia with respect to any determinations made by the zoning administrator or other administrative officials concerning any alleged violations of the City's short-term rental ordinance, including complying with the requirement to provide the recipient with a statement informing him that he may have a right to appeal the notice of a zoning violation or written order within 30 days."

Acts 2018, c. 758, cl. 2 provides: "That the City of Lexington shall amend and reenact its existing ordinance to come into compliance with this act on or before September 30, 2018."

Acts 2018, c. 758, cl. 3 provides: "That any short-term rental located in the Sandbridge Special Service District in the City of Virginia Beach shall be a principal use subject to the City's regulations applicable to short-term rentals. Whether a short-term rental located in any other area of the City of Virginia Beach is a permitted use shall be determined by the provisions of the City's zoning ordinance."

To conform to the recodification of Title 55 by Acts 2019, c. 712, effective October 1, 2019, the following substitutions were made at the direction of the Virginia Code Commission: substituted "55.1-2200" for "55-360," "Virginia Condominium Act ( § 55.1-1900 et seq.)," for "Condominium Act ( § 55-79.39 et seq.)," "54.1-2345" for "55-528," "55.1-2100" for "55-424" and "55.1-1800" for "55-508."

Research References. - Virginia Forms (Matthew Bender). No. 16-101 Residential Lease Agreement; No. 16-102 Simple Lease of Residential Property Exempt from Virginia Residential Landlord and Tenant Act; No. 16-103 Manufactured (Mobile) Home Lot Lease; No. 16-126 Simple Month-to-Month Lease.

§ 15.2-984. Adoption of flood plain ordinances.

Any locality may by ordinance regulate the activity on, use of, or development of a flood plain in a manner consistent with any state or federal flood plain management programs and requirements. Nothing in this section shall be construed to limit a locality's authority to regulate a flood plain pursuant to § 15.2-2283 or any other provision of law.

(2020, c. 166.)

§ 15.2-985. Disposition of abandoned shopping carts; unauthorized possession; penalties.

1. The governing body of any locality with a County Manager Plan or Urban County Executive Form may, by ordinance, provide that it shall be unlawful for any person to place, leave, or abandon on any real property in the locality, or within specified districts within the locality, any shopping cart as defined in § 18.2-102.1 . The ordinance shall provide that any such shopping cart that remains on real property outside of the premises defined in § 18.2-102.1 at least 15 days after a notice of violation is given to the owner of such shopping cart shall be presumed to be abandoned and subject to removal from the real property by the locality or its agents without further notice.
2. A notice of violation sent by registered or certified mail to the last known address of the shopping cart's owner or its registered agent reflected in state or locality public records shall satisfy the notice requirement of this section. In the event that any such shopping cart is so removed, the cost of removal, including the cost of disposal, but not to exceed $300 per cart, shall be charged to the owner of the shopping cart. Any such charge that is not paid within 30 days of the date on which it is billed to the owner shall constitute a lien upon the shopping cart and may be collected in any manner provided by law for the collection of taxes.
3. In addition to any other remedy provided herein, the locality or its designee may institute legal action to enjoin the continuing violating of this section.
4. An ordinance adopted pursuant to subsection A may provide that it shall be unlawful for any person, except the owner or his agent, to possess outside of the premises any shopping cart, when the owner has posted notice on the property that removal is unlawful. The locality may provide that a person who violates the ordinance is subject to a civil penalty of not more than $500. However, such penalty shall not apply when such person has been found guilty of a violation of § 18.2-102.1 for the removal of such shopping cart from a store premises. (2020, c. 1174, § 15.2-984 .)

The number of this section was assigned by the Virginia Code Commission, the number in the 2020 act having been § 15.2-984 .

§ 15.2-986. Broadband services; education.

Any locality or other public body of the Commonwealth may appropriate public funds, personal property, real estate, or donations to any local school board, school division, public school, charitable institution or association, or private provider of broadband services for the purposes of promoting, facilitating, and encouraging the development, expansion, provision, and operation of broadband services for educational purposes, as described in § 22.1-79.9, and may promote, encourage, support, and take any action that a local school board is authorized to take under that section.

(2021, Sp. Sess. I, c. 496.)

Effective date. - This section is effective July 1, 2021.

§ 15.2-1100. Powers conferred; exercised by council.

A municipal corporation shall have and may exercise any or all powers set forth in this article, regardless of whether such powers are set out or incorporated by reference in a municipal charter. All powers vested in a municipal corporation by this chapter shall be exercised by its governing body.

(Code 1950, § 15-77.2; 1958, c. 328; 1962, c. 623, § 15.1-838; 1979, c. 297; 1997, c. 587.)

Editor's note. - Acts 2016, c. 217, cl. 1 provides: " § 1. Notwithstanding any provision of law, general or special, any ordinance in effect and any ordinance adopted by the governing body of the City of Harrisonburg shall not include in any local fire prevention regulations a requirement that an owner of real property who has an occupancy permit issued by the City use specific landscape cover materials or retrofit existing landscape cover materials at such property."

Research References. - Antieau on Local Government Law, 2nd Ed. (Matthew Bender). Antieau.

CIRCUIT COURT OPINIONS

Non-delegated powers reserved to city council. - Because a city charter did not specifically delegate the power to hire or fire certain legislative positions, including a city assessor, the city's Chief Administrative Officer, who had authority to hire or fire strictly administrative or executive branch employees, did not have authority over legislatively created employees or officials. The Virginia Uniform Charter Powers Act, § 15.2-1100 et seq., vests in the city council, as the governing body of the city, all powers granted to the city by the General Assembly unless a power was specifically delegated elsewhere in the charter. City of Richmond City Council v. Wilder, 74 Va. Cir. 382, 2007 Va. Cir. LEXIS 296 (Richmond 2007).

§ 15.2-1101. Exercise of powers outside boundaries.

If a municipal corporation seeks to exercise the powers set forth in this article outside its boundaries, such powers shall, except as to existing nonconforming use, be subject to the zoning regulations of the locality in which the power is sought to be exercised, provided that, except as to existing nonconforming uses, such locality also observes the zoning regulations of the municipality as to any of such locality's property located within the corporate limits.

(Code 1950, § 15-77.2; 1958, c. 328; 1962, c. 623, § 15.1-838; 1979, c. 297; 1997, c. 587.)

§ 15.2-1102. General grant of power; enumeration of powers not exclusive; limitations on exercise of power.

A municipal corporation shall have and may exercise all powers which it now has or which may hereafter be conferred upon or delegated to it under the Constitution and laws of the Commonwealth and all other powers pertinent to the conduct of the affairs and functions of the municipal government, the exercise of which is not expressly prohibited by the Constitution and the general laws of the Commonwealth, and which are necessary or desirable to secure and promote the general welfare of the inhabitants of the municipality and the safety, health, peace, good order, comfort, convenience, morals, trade, commerce and industry of the municipality and the inhabitants thereof, and the enumeration of specific powers shall not be construed or held to be exclusive or as a limitation upon any general grant of power, but shall be construed and held to be in addition to any general grant of power. The exercise of the powers conferred under this section is specifically limited to the area within the corporate limits of the municipality, unless otherwise conferred in the applicable sections of the Constitution and general laws, as amended, of the Commonwealth.

(Code 1950, § 15-77.3; 1958, c. 328; 1962, c. 623, § 15.1-839; 1979, c. 297; 1997, c. 587.)

Editor's note. - Acts 2003, c. 524, cl. 1, provides: " § 1. That any town meeting the requirements of this act may operate a community center that includes a movie theater for the exhibition of motion pictures produced expressly for commercial exhibition. The provisions of this act shall apply only to towns in which no privately owned movie theater for the exhibition of such motion pictures has been in operation within the town boundaries for three years."

§ 15.2-1103. Charter provisions not affected; conflict between chapter and charter.

A municipal corporation, in addition to the powers granted by § 15.2-1102 , shall have all the powers granted to it in its charter; and nothing contained in this article shall be construed to in anywise repeal, amend, impair or affect any provision of any existing charter or of any charter hereafter granted to a municipal corporation or any provision of any other applicable law, unless such amendment or repeal so provides. Whenever there appears to be a conflict between any provision of this article, or any amendment hereof, and that of any charter of a municipal corporation, the provisions of the charter shall be construed and held to take precedence over such conflicting or apparently conflicting provisions of this article or of any amendment hereof.

(Code 1950, § 15-77.4; 1958, c. 328; 1962, c. 623, § 15.1-840; 1997, c. 587.)

OPINIONS OF THE ATTORNEY GENERAL

Protection of public water supply. - Locality possesses the police power authority to protect the public water supply by prohibiting the use of watercraft powered by internal combustion engines upon privately owned lakes that serve as public reservoirs, and that an ordinance enacted for this purpose may be enforced through the imposition of penalties and by injunction when appropriate. See opinion of Attorney General to The Honorable Les R. Adams, Member, Virginia House of Delegates, 17-020, 2018 Va. AG LEXIS 1 (2/15/18).

Town council may initiate contract negotiations. - A town council may initiate negotiations for the appointment of a town manager without a resolution of the council, so long as the contract and the appointment ultimately are approved by a vote of the council. See opinion of Attorney General to The Honorable David A. Nutter, Member, House of Delegates, 10-077, 2010 Va. AG LEXIS 56 (9/20/10).

§ 15.2-1104. Taxes and assessments.

A municipal corporation may raise annually by taxes and assessments on property, persons, and other subjects of taxation, which are not prohibited by law, such sums of money as in the judgment of the municipal corporation are necessary to pay the debts, defray the expenses, accomplish the purposes, and perform the functions of the municipal corporation, in such manner as the municipal corporation deems necessary or expedient. A municipal corporation may also establish by ordinance a discount for the early payment of any such taxes or assessments. For purposes of this section, "early payment" may include payment of real property taxes in full on or before the due date of such tax.

(Code 1950, § 15-77.5; 1958, c. 328; 1962, c. 623, § 15.1-841; 1997, c. 587; 2003, c. 216; 2012, c. 585.)

Cross references. - As to powers of boards of supervisors of counties, see § 15.2-1201 .

The 2003 amendments. - The 2003 amendment by c. 216 added the last sentence.

The 2012 amendments. - The 2012 amendment by c. 585 added the third sentence.

Law review. - For survey article on developments in the law affecting Virginia taxation, see 38 U. Rich. L. Rev. 267 (2003).

Michie's Jurisprudence. - For related discussion, see 5A M.J. Counties, § 38.

§ 15.2-1104.1. Tax on admissions to charitable events.

A municipal corporation that generally levies an admissions tax may, by ordinance, elect not to levy an admissions tax on admission to an event, provided that the purpose of the event is solely to raise money for charitable purposes and that the net proceeds derived from the event will be transferred to an entity or entities that are exempt from sales and use tax pursuant to § 58.1-609.11 .

(1999, c. 986; 2003, cc. 757, 758.)

Editor's note. - Acts 2003, cc. 757 and 758, cl. 3 provides: "That the Department of Taxation in consultation with the Virginia Coalition for Nonprofits and other interested parties shall promulgate by July 1, 2004, all reasonable rules and regulations necessary to carry out the provisions of this act."

Acts 2003, cc. 757 and 758, cl. 4 provides: "That all the provisions of this act, except for the third enactment, shall become effective on July 1, 2004."

The 2003 amendments. - The 2003 amendments by cc. 757 and 758, effective July 1, 2004, are identical and substituted " § 58.1-609.11 " for " §§ 58.1-609.4 , 58.1-609.7 , 58.1-609.8, 58.1-609.9, and 58.1-609.10 ."

§ 15.2-1105. Borrowing money and issuing evidence of indebtedness.

A municipal corporation may, in the name of and for the use of the municipal corporation, borrow money and issue evidence of indebtedness therefor, subject to such limitations as may be imposed by law.

(Code 1950, § 15-77.7; 1958, c. 328; 1962, c. 623, § 15.1-843; 1997, c. 587.)

§ 15.2-1106. Control and management of affairs; books, records, accounts, etc., of agencies.

A municipal corporation shall provide for the control and management of the affairs of the municipality, and may prescribe and require the adoption and keeping of such books, records, accounts and systems of accounting by the departments, boards, commissions, courts or other agencies of the local government as may be necessary to give full and true accounts of the affairs, resources and revenues of the municipal corporation and the handling, use and disposal thereof.

(Code 1950, § 15-77.8; 1958, c. 328; 1962, c. 623, § 15.1-844; 1997, c. 587.)

§ 15.2-1107. Departments, offices, boards, etc.

A municipal corporation may provide for the organization, conduct and operation of all departments, offices, boards, commissions and agencies of the municipal corporation, subject to such limitations as may be imposed by its charter or otherwise by law. A municipal corporation may establish, consolidate, abolish or change departments, offices, boards, commissions and agencies of the municipal corporation and prescribe the powers, duties and functions thereof, except where such departments, offices, boards, commissions and agencies or the powers, duties and functions thereof are specifically established or prescribed by its charter or otherwise by law.

(Code 1950, § 15-77.9; 1958, c. 328; 1962, c. 623, § 15.1-845; 1997, c. 587.)

OPINIONS OF THE ATTORNEY GENERAL

Town council may initiate contract negotiations. - A town council may initiate negotiations for the appointment of a town manager without a resolution of the council, so long as the contract and the appointment ultimately are approved by a vote of the council. See opinion of Attorney General to The Honorable David A. Nutter, Member, House of Delegates, 10-077, 2010 Va. AG LEXIS 56 (9/20/10).

§ 15.2-1108. Gifts, donations, bequests or grants.

A municipal corporation may accept or refuse gifts, donations, bequests or grants from any source, which are related to the powers, duties and functions of the municipal corporation.

(Code 1950, § 15-77.12; 1958, c. 328; 1962, c. 623, § 15.1-848; 1997, c. 587.)

§ 15.2-1109. Milk, food and food products.

A municipal corporation may regulate and inspect the production, preparation, storage, distribution and sale of milk and milk products, and other beverages, and food and food products, and the sanitation of establishments in which the same are produced, prepared, processed, handled, distributed, sold or offered for sale, and facilities, equipment and vehicles used for such purposes; provided such regulations are not inconsistent with the provisions of Chapters 52 (§ 3.2-5200 et seq.) and 54 (§ 3.2-5400 et seq.) of Title 3.2; and may condemn, seize and dispose of any adulterated, impure or dangerous milk, milk product, beverage, food or food product, without liability to the owner thereof.

(Code 1950, § 15-77.17; 1958, c. 328; 1962, c. 623, § 15.1-853; 1997, c. 587.)

Editor's note. - At the direction of the Virginia Code Commission, Title 3.2 references were substituted for Title 3.1 references to conform to the title revision by Acts 2008, c. 860, effective October 1, 2008.

§ 15.2-1110. Swimming pools, lakes and other waters.

A municipal corporation may regulate and inspect the operation, maintenance, and use of public swimming pools, lakes and other natural or artificial waters and private pools and lakes operated by clubs and associations; and without liability to the owner thereof, may prevent the use thereof when such waters are found to be polluted, adulterated, impure or dangerous or contribute or are likely to contribute to the contraction or spread of infectious, contagious or dangerous diseases.

(Code 1950, § 15-77.22; 1958, c. 328; 1962, c. 623, § 15.1-858; 1997, c. 587.)

§ 15.2-1111. Regulation of cemeteries and burials.

A municipal corporation may regulate and inspect cemeteries and burials therein, prescribe records to be kept by the owners thereof, and prohibit burials except in public cemeteries.

(Code 1950, § 15-77.24; 1958, c. 328; 1962, c. 623, § 15.1-860; 1997, c. 587.)

§ 15.2-1112. Aid to military units.

A municipal corporation may grant financial aid to military units organized in the municipal corporation pursuant to the laws of the Commonwealth.

(Code 1950, § 15-77.26; 1958, c. 328; 1962, c. 623, § 15.1-862; 1970, c. 225; 1997, c. 587.)

§ 15.2-1113. Dangerous, etc., business or employment; transportation of offensive substances; explosive or inflammable substances; fireworks.

A municipal corporation may regulate or prohibit the conduct of any dangerous, offensive or unhealthful business, trade or employment; the transportation of any offensive substance; the manufacture, storage, transportation, possession and use of any explosive or inflammable substance; and the use and exhibition of fireworks and the discharge of firearms. A municipal corporation may also require the maintenance of safety devices on storage equipment for such substances or items.

Any municipal corporation that regulates or prohibits the discharge of firearms shall provide an exemption for the killing of deer pursuant to § 29.1-529 . Such exemption shall apply on land of at least five acres that is zoned for agricultural use.

(Code 1950, § 15-77.29; 1958, c. 328; 1962, c. 623, § 15.1-865; 1982, c. 17; 1992, c. 600; 1997, c. 587; 2000, c. 229.)

The 2000 amendments. - The 2000 amendment by c. 229 added the second paragraph.

Michie's Jurisprudence. - For related discussion, see 8A M.J. Explosions and Explosives, § 2.

§ 15.2-1113.1. Prohibiting hunting in certain areas.

Any municipal corporation may by ordinance prohibit all hunting with firearms or other weapons in, or within one-half mile of, any subdivision or other area of such municipal corporation which, in the opinion of the governing body, is so heavily populated as to make such hunting dangerous to the inhabitants thereof. Any such ordinance shall clearly describe each area in which hunting is prohibited and shall further provide that appropriate signs shall be erected designating the boundaries of such area.

(2000, c. 289.)

Cross references. - As to the authority of counties to prohibit all hunting within one-half mile of heavily populated areas, see § 15.2-1210 .

As to cities and counties prohibiting hunting and trapping near primary and secondary highways, see § 29.1-526 .

As to counties, cities and towns prohibiting shooting or hunting with a firearm, or traversing an area while in possession of a loaded firearm, within 100 yards of a public school or a county, city, town or regional park, see § 29.1-527 .

As to counties or cities prohibiting hunting with certain weapons or types of ammunition, see § 29.1-528 .

§ 15.2-1114. Auctions; pawnshops; secondhand dealers; peddling; fraud and deceit in sales; weights and measures.

A municipal corporation may regulate the sale of property at auction; may regulate the conduct of and prescribe the number of pawnshops and dealers in secondhand goods, wares and merchandise; may regulate or prohibit peddling; may prevent fraud or deceit in the sale of property; may require weighing, measuring, gauging and inspection of goods, wares and merchandise offered for sale; and may provide for the sealing of weights and measures and the inspection and testing thereof.

(Code 1950, § 15-77.30; 1958, c. 328; 1962, c. 623, § 15.1-866; 1997, c. 587.)

§ 15.2-1115. Abatement or removal of nuisances.

1. A municipal corporation may compel the abatement or removal of all nuisances, including but not limited to the removal of weeds from private and public property and snow from sidewalks; the covering or removal of offensive, unwholesome, unsanitary or unhealthy substances allowed to accumulate in or on any place or premises; the filling in to the street level, fencing or protection by other means, of the portion of any lot adjacent to a street where the difference in level between the lot and the street constitutes a danger to life and limb; the raising or draining of grounds subject to be covered by stagnant water; and the razing or repair of all unsafe, dangerous or unsanitary public or private buildings, walls or structures which constitute a menace to the health and safety of the occupants thereof or the public. If after such reasonable notice as the municipal corporation may prescribe the owner or owners, occupant or occupants of the property or premises affected by the provisions of this section shall fail to abate or obviate the condition or nuisance, the municipal corporation may do so and charge and collect the cost thereof from the owner or owners, occupant or occupants of the property affected in any manner provided by law for the collection of state or local taxes.
2. Every charge authorized by this section in excess of $200 which has been assessed against the owner of any such property and which remains unpaid shall constitute a lien against such property. Such liens shall have the same priority as liens for other unpaid local real estate taxes and shall be enforceable in the same manner as provided in Articles 3 (§ 58.1-3940 et seq.) and 4 (§ 58.1-3965 et seq.) of Chapter 39 of Title 58.1. A locality may waive such liens in order to facilitate the sale of the property. Such liens may be waived only as to a purchaser who is unrelated by blood or marriage to the owner and who has no business association with the owner. All such liens shall remain a personal obligation of the owner of the property at the time the liens were imposed. (Code 1950, § 15-77.31; 1958, c. 328; 1962, c. 623, § 15.1-867; 1997, c. 587; 2004, cc. 533, 968; 2017, cc. 118, 610.)

Cross references. - As to the authority of local governments to control noxious weeds, see § 15.2-902 .

As to regulations of motorcycle noise by ordinance, see § 15.2-919 . As to spot blight abatement, see § 36-49.1:1 .

The 2004 amendments. - The 2004 amendment by c. 968 added the second paragraph.

The 2004 amendment by c. 533 was similar to amendments by c. 968, but added subsection designations and added subsection B, which read: "Every charge authorized by this section with which the owner of any such property shall have been assessed and which remains unpaid shall constitute a lien against such property ranking on a parity with liens for unpaid local taxes and enforceable in the same manner as provided in Articles 3 ( § 58.1-3940 et seq.) and 4 ( § 58.1-3965 et seq.) of Chapter 39 of Title 58.1. A locality may waive such liens in order to facilitate the sale of the property. Such liens may be waived only as to a purchaser who is unrelated by blood or marriage to the owner and who has no business association with the owner. All such liens shall remain a personal obligation of the owner of the property at the time the liens were imposed." Subsection B is set out in the form above at the direction of the Virginia Code Commission.

The 2017 amendments. - The 2017 amendments by cc. 118 and 610 are identical, and substituted "liens for other unpaid local real estate taxes" for "other unpaid local taxes" in the second sentence in subsection B.

OPINIONS OF THE ATTORNEY GENERAL

The utility or service charge authorized by § 15.2-2114 is a fee, not a tax, that is enforceable by localities pursuant to subsection D of § 15.2-2114 and further, that Acts 2010, cc. 137 and 370 (Senate Bill 395) do not affect localities' ability to enforce existing stormwater control programs. See opinion of Attorney General to The Honorable Richard P. Bell, Member, House of Delegates, 10-045, 2010 Va. AG LEXIS 35 (7/28/10).

§ 15.2-1116. Smoke; fuel-burning equipment.

A municipal corporation may regulate the emission of smoke, the construction, installation and maintenance of fuel-burning equipment, and the methods of firing and stoking furnaces and boilers.

(Code 1950, § 15-77.32; 1958, c. 328; 1962, c. 623, § 15.1-868; 1997, c. 587.)

§ 15.2-1117. Light, ventilation, sanitation and use and occupancy of buildings.

A municipal corporation may regulate the light, ventilation, sanitation and use and occupancy of buildings heretofore or hereafter constructed, altered, remodeled or improved, and the sanitation of premises surrounding the building.

(Code 1950, § 15-77.33; 1958, c. 328; 1962, c. 623, § 15.1-869; 1997, c. 587.)

§ 15.2-1118.

Repealed by Acts 2007, c. 256, cl. 2.

Cross references. - For current provisions as to regulating or prohibiting the making of fires, see § 15.2-922.1 .

Editor's note. - Former § 15.2-1118 , pertaining to regulating or prohibiting the making of fires in streets, alleys and other public places, derived from Code 1950, § 15-77.36; 1958, c. 328; 1962, c. 623, § 15.1-872; 1997, c. 587.

§ 15.2-1119. Hospitals, sanatoria, homes, clinics, etc.

A municipal corporation may provide and operate, within or outside the municipal corporation, hospitals, sanatoria, homes, clinics, institutions and facilities for the care, treatment and maintenance of the sick, of children, the aged, destitute and indigent; may contract with others for supplying such services; and may charge and collect compensation for such care, treatment and maintenance.

(Code 1950, § 15-77.45; 1958, c. 328; 1962, c. 623, § 15.1-881; 1997, c. 587.)

§ 15.2-1120. Detentive, correctional and penal institutions.

A municipal corporation may provide and operate, within or outside the municipal corporation, detentive, correctional and penal institutions; or may contract with others for supplying the services and facilities provided at such institutions.

(Code 1950, § 15-77.46; 1958, c. 328; 1962, c. 623, § 15.1-882; 1997, c. 587.)

§ 15.2-1121. Cemeteries.

A municipal corporation may provide and operate, within or outside the municipal corporation, cemeteries; may contract for the perpetual care of lots and burial spaces therein; and may charge compensation for lots and burial spaces and services in connection with interments and the maintenance and operation of such cemeteries.

(Code 1950, § 15-77.47; 1958, c. 328; 1962, c. 623, § 15.1-883; 1997, c. 587.)

§ 15.2-1122. Parking or storage of vehicles.

A municipal corporation may provide and operate places for, and limited to, the parking or storage of vehicles by the public, which shall include but shall not be limited to parking lots, garages, buildings and other land, structures, equipment and facilities; provide for their management and operation by an agency of the municipality; contract with others for the operation and management thereof upon such terms and conditions as shall be prescribed by the municipal corporation; and charge or authorize the charging of compensation for the parking or storage of vehicles.

(Code 1950, § 15-77.48; 1958, c. 328; 1962, c. 623, § 15.1-884; 1997, c. 587.)

Law review. - For discussion of some legal and financial considerations relating to parking facilities, see 46 Va. L. Rev. 595 (1960).

CIRCUIT COURT OPINIONS

Municipality may charge for parking vehicles. - City was statutorily-authorized to charge a fee for parking and the fact that it did so did not mean it waived its defense of governmental immunity to the injured party's claim for damages after she slipped and fell on snow and ice in the city paring lot, as providing off-street parking was a governmental function specifically authorized under Virginia law. Gambrell v. City of Norfolk, 60 Va. Cir. 328, 2002 Va. Cir. LEXIS 399 (Norfolk 2002).

§ 15.2-1123. Airports and facilities.

1. A municipal corporation may provide and operate within or outside the municipal corporation airports and lands, structures, equipment and facilities appurtenant thereto; provide for their management and operation by an agency of the municipality; contract with others for the operation and management thereof upon such terms and conditions as shall be prescribed by the municipal corporation; and charge or authorize the charging of compensation for the use of the airport or any of its appurtenances or facilities.
2. A municipal corporation located in Planning District 11 or a political subdivision located in Planning District 6 or 7 may apply any deicing agent containing urea for the purpose of deicing an airport that is classified by the Virginia Air Transportation System Plan as a Commercial Service airport or General Aviation Regional airport, provided the application does not exceed Virginia Pollutant Discharge Elimination System stormwater permit requirements.

   (Code 1950, § 15-77.49; 1958, c. 328; 1962, c. 623, § 15.1-885; 1997, c. 587; 2013, c. 758.)

The 2013 amendments. - The 2013 amendment by c. 758 added the subsection A designator and subsection B.

Michie's Jurisprudence. - For related discussion, see 2C M.J. Aviation, § 1.

§ 15.2-1123.1. Lynchburg Regional Airport police department.

The City of Lynchburg may by ordinance establish an airport police department at the Lynchburg Regional Airport. The authority of the airport police department shall be limited to real property owned, leased, or controlled by the Airport. Such authority shall not supersede the authority, duties, or jurisdiction vested by law with the local police department or sheriff's office, including as provided in §§ 15.2-1609 and 15.2-1704 . The airport police department and airport police officers shall be subject to and comply with the Constitution of the United States; the Constitution of Virginia; the laws governing municipal police departments, including the provisions of §§ 9.1-600 , 15.2-1705 through 15.2-1708 , 15.2-1719 , 15.2-1721 , 15.2-1721 .1, and 15.2-1722 ; and any regulations adopted by the Criminal Justice Services Board that the Department of Criminal Justice Services designates as applicable to private police departments. Any person employed as an airport police officer pursuant to this section shall meet all requirements, including the minimum compulsory training requirements, for law-enforcement officers pursuant to Chapter 1 (§ 9.1-100 et seq.) of Title 9.1. An airport police officer is not entitled to benefits under the Line of Duty Act (§ 9.1-400 et seq.) or under the Virginia Retirement System, is not a "qualified law-enforcement officer" or "qualified retired law-enforcement officer" within the meaning of the federal Law Enforcement Officers Safety Act, 18 U.S.C. § 926B et seq., and shall not be deemed an employee of the Commonwealth. The airport police department may use the word "police" to describe its sworn officers and may join a regional criminal justice academy created pursuant to Article 5 (§ 15.2-1747 et seq.) of Chapter 17 of Title 15.2.

(2015, c. 213; 2020, Sp. Sess. I, cc. 37, 55.)

Editor's note. - Acts 2015, c. 213 was codified as this section at the direction of the Virginia Code Commission

Acts 2020 Sp. Sess. I, c. 37, cl. 2 provides: "That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 1289 of the Acts of Assembly of 2020 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation is $0 for periods of commitment to the custody of the Department of Juvenile Justice."

Acts 2020 Sp. Sess. I, c. 55, cl. 2, effective March 1, 2021, provides: "That the Department of Criminal Justice Services shall promulgate regulations to implement the provisions of this act to be effective within 280 days of its enactment."

The 2020 Sp. Sess. I amendments. - The 2020 amendments by Sp. Sess. I, cc. 37 and 55, effective March 1, 2021, are identical, and inserted "15.2-1721.1" in fourth sentence.

§ 15.2-1124. Police jurisdiction over lands, buildings and structures; jurisdiction of offenses; appeals; jurisdiction in certain public buildings with magistrate's offices.

1. Lands, buildings or structures provided and operated by a municipality for any purpose defined in this article shall be under the police jurisdiction of the municipal corporation for the enforcement of its regulations respecting the use or occupancy thereof. All police officers of the municipal corporation shall have jurisdiction to make arrests on such land and in such buildings or structures for violations of such regulations. Such criminal case shall be prosecuted in the locality in which the offense was committed.
2. In any public building that is located in Henry County adjoining a municipal corporation and that contains a magistrate's office which serves the municipal corporation, the sheriff, any deputy sheriff, and any police officer of the municipal corporation shall have the same powers which such sheriff, deputy sheriff or police officer would have in the municipal corporation itself. The courts of the municipal corporation and the locality in which such public building is located shall have concurrent jurisdiction of any offense committed against or any escape from any such sheriff, deputy sheriff, or police officer in such public building, provided that the sheriff, deputy sheriff, or police officer was present in the public building while in the performance of his official duties. Such police powers and concurrent jurisdiction shall also apply during travel between the municipal corporation and the public building by such sheriff, deputy sheriffs, and police officers while in the performance of their official duties. For purposes of this subsection, a "public building" shall include the surrounding grounds of such building.

   (Code 1950, § 15-77.51; 1958, c. 328; 1962, c. 623, § 15.1-887; 1997, cc. 587, 739; 2007, c. 813; 2014, c. 543.)

Editor's note. - Pursuant to Acts 1997, c. 587, cl. 6, effect has been given in this section, as set out above, to Acts 1997, c. 739, which amended § 15.1-887, the comparable former version of the section. In accordance with c. 739, the amendment inserted the A designation at the beginning of the first paragraph and added subsection B.

Acts 2007, c. 813, cl. 2 provides: "That the provisions of this act shall not affect the powers of any locality with respect to any ordinance, resolution or bylaw validly adopted and not repealed or rescinded prior to July 1, 2007."

The 2007 amendments. - The 2007 amendment by c. 813 substituted "Henry County" for "a county with a population between 56,000 and 57,000" in subsection B.

The 2014 amendments. - The 2014 amendment by c. 543 deleted "regular and special" following "All" in the second sentence of subsection A.

§ 15.2-1125. Licenses and permits; fees; bonds or insurance.

Whenever in the judgment of the municipal corporation it is advisable in the exercise of any of its powers or in the enforcement of any ordinance or regulation, it may provide for the issuance of licenses or permits in connection therewith; fix a fee to be charged the licensee or permittee and require from the licensee or permittee a bond or insurance contract of such character and in such amount and upon such terms and conditions as the municipal corporation may determine.

(Code 1950, § 15-77.69; 1958, c. 328; 1962, c. 623, § 15.1-906; 1997, c. 587.)

§ 15.2-1126. Posting of bond not prerequisite to exercise of right by municipality.

Whenever the law requires the posting of a bond, with or without surety, as a condition precedent to the exercise of any right, a municipal corporation, without giving such bond, may exercise such right, provided all other conditions precedent are complied with, and no action shall be delayed or refused because the municipal corporation has not filed or executed the bond that might otherwise be required, and the municipal corporation shall be bound to the same extent that it would have been bound had the bond been given.

(Code 1950, § 15-77.70; 1958, c. 328; 1962, c. 623, § 15.1-907; 1997, c. 587.)

Michie's Jurisprudence. - For related discussion, see 5A M.J. Counties, § 38.

§ 15.2-1127. Vacant building registration; civil penalty.

The Town of Clifton Forge, the Town of Pulaski, in a conservation and rehabilitation district of the town, the Town of Timberville, and any city, by ordinance, may require the owner or owners of buildings that have been vacant for a continuous period of 12 months or more, and which meet the definition of "derelict building" under § 15.2-907.1 , to register such buildings on an annual basis and may impose an annual registration fee not to exceed $100 to defray the cost of processing such registration. The registration of buildings shall be on forms designated by the locality and filed with the agency designated by the locality. Failure to register shall be a $200 civil penalty; however, failure to register in conservation and rehabilitation districts designated by the governing body, or in other areas designated as blighted pursuant to § 36-49.1:1 , shall be punishable by a civil penalty not exceeding $400. Notice shall be mailed to the owner or owners, at the address to which property tax notices are sent, at least 30 days prior to the assessment of the civil penalty.

(1993, c. 829, § 15.1-29.24; 1997, c. 587; 1999, c. 250; 2006, c. 299; 2013, cc. 253, 355, 405; 2020, c. 145.)

The 1999 amendment inserted the concluding language of the third sentence which begins "however, failure," and added the fourth sentence.

The 2006 amendments. - The 2006 amendment by c. 299 added "The Town of Pulaski, in a conservation and rehabilitation district of the town, and" at the beginning of the first sentence, substituted "locality" for "city" in two places in the second sentence, and made minor stylistic changes.

The 2013 amendments. - The 2013 amendment by c. 253 inserted "and which meet the definition of 'derelict building' under § 15.2-907.1 ," and substituted "$100" for $25," $200" for "$50," and "$400" for "$250."

The 2013 amendments by cc. 355 and 405 are identical, and inserted "Town of Clifton Forge, the" near the beginning of the first sentence.

The 2020 amendments. - The 2020 amendment by c. 145 inserted "the Town of Timberville," following "of the town" in the first sentence.

§ 15.2-1128. City of Norfolk authorized to exchange information regarding criminal history.

Applicants for employment as paramedics or emergency medical technicians making application to the personnel office of the City of Norfolk shall be required to submit to fingerprinting and to provide personal descriptive information to be forwarded along with the applicant's fingerprints through the Central Criminal Records Exchange and the Federal Bureau of Investigation for the purpose of obtaining criminal history record information regarding such applicant; however, such applicants may be required, if required by local ordinance, to pay the cost of the fingerprinting or criminal records check or both.

The Central Criminal Records Exchange, upon receipt of an applicant's record or notification that no record exists, shall make a report to the City of Norfolk. If an applicant is denied employment because of information appearing in his criminal history record, the City of Norfolk shall provide a copy of the information obtained from the Central Criminal Records Exchange to the applicant. The information shall not be disseminated except as provided in this section.

(1995, c. 328, § 15.1-29.25; 1997, c. 587; 2019, c. 632.)

Editor's note. - This section was formerly "Not set out" in furtherance of the general policy of the Virginia Code Commission to include in the Code only provisions having general and permanent application.

The 2019 amendments. - The 2019 amendment by c. 632, in the first paragraph, substituted "the City of Norfolk" for "any city having a population of not less than 260,000 nor more than 264,000 according to the 1990 United States Census"; and in the second paragraph, substituted "City of Norfolk" for "city" in the first sentence and "locality" in the second sentence.

§ 15.2-1129. Encouragement of use of city facilities in certain cities.

Any city having a population of more than 75,000 and owning a city auditorium, civic center, coliseum, convention hall, stadium, theater, exhibition hall or combination thereof or other place of public assembly, may, in order to further the best interest of the public and lead to greater use of any such facilities, do all things necessary and proper to encourage the use thereof by arranging or engaging shows, plays, exhibitions, performances and all other entertainments of whatsoever nature, except motion pictures produced expressly for commercial exhibition, exclusively of a motion picture shown as a part of and related to a live program or a show, or a motion picture which has been generally removed from commercial exhibition in motion picture theaters, or a motion picture which is not shown or exhibited in such place more than twice and then only on one day, and exclusive of travelogues, educational or trade show films which are exhibited by educational, civic, trade, or religious organizations, to view which no admission fee is charged or the net proceeds of any admission fee charged are fully utilized for educational, religious or charitable purposes. Such encouragement may, without limitations as to other permissible activities, include the expenditure of city funds to promote such activities and to bring notice to the public of entertainments at such public facilities, engaging persons to bring entertainments thereto from which the city may derive income, and the payment of funds to such persons in advance or out of proceeds derived therefrom for payment therewith; and may include entering into agreements with such other persons guaranteeing minimum sums to be payable to such persons for future performances provided that at no time shall the aggregate amount of all outstanding guarantees be more than such sums as may be fixed by the governing body of such city. Notwithstanding any provision of any city charter, the council of any such city may appropriate funds to a special or revolving account in order to engage, advertise and promote any such entertainment and to operate any of the foregoing facilities, and when such fund is created such person or persons as may be designated by ordinance of such governing body, after providing fidelity bond with corporate surety payable to the city in a penalty not less than the authorized amount of such special or revolving fund, may sign checks against said fund and expend cash therefrom for any of the foregoing purposes.

(1964, c. 508, § 15.1-37.2; 1970, c. 505; 1997, c. 587.)

Cross references. - As to the 1980, 1990, 2000 and 2010 United States Census population figures for counties and cities of the Commonwealth of Virginia, see the Appendix of Volume 3A Part 2.

§ 15.2-1129.1.

Repealed by Acts 2018, c. 396, cl. 2.

Cross references. - For current provisions as to creation of arts and cultural districts, see § 15.2-943.1 .

Editor's note. - Acts 2018, c. 396, cl. 3 provides: "That the provisions of this act are declaratory of existing law."

Acts 2018, c. 396, cl. 4 provides: "That the provisions of the second enactment of this act shall not affect the powers of any locality that has adopted an ordinance pursuant to § 15.2-1129.1 of the Code of Virginia prior to the effective date of this act [July 1, 2018]."

Former § 15.2-1129.1 , which authorized the creation of arts and cultural districts, derived from Acts 2001, c. 550; 2005, c. 330; 2006, c. 482; 2007, cc. 236, 251, 280; 2008, c. 290; 2009, cc. 300, 637, 738; 2012, c. 516; 2013, cc. 254, 386; 2017, cc. 217, 373.

§ 15.2-1129.2. Creation of local economic revitalization zones.

1. Any city or town may establish by ordinance one or more economic revitalization zones for the purpose of providing incentives to private entities to purchase real property and interests in real property to assemble parcels suitable for economic development. Each city or town establishing an economic revitalization zone may grant incentives and provide regulatory flexibility. Such zones shall be reasonably compact, shall not encompass the entire city or town, and shall constitute one or more tax parcels not commonly owned. Properties that are acquired through the use of eminent domain shall not be eligible for the incentives and regulatory flexibility provided by the ordinance.
2. The incentives may include, but not be limited to: (i) reduction of permit fees, (ii) reduction of user fees, (iii) reduction of any type of gross receipts tax, and (iv) waiver of tax liens to facilitate the sale of property.
3. Incentives established pursuant to this section may extend for a period of up to 10 years from the date of initial establishment of the economic revitalization zone; however, the extent and duration of any incentive shall conform to the requirements of applicable federal and state law.
4. The regulatory flexibility provided in an economic revitalization zone may include (i) special zoning for the district, (ii) the use of a special permit process, (iii) exemption from certain specified ordinances, excluding ordinances or provisions of ordinances adopted pursuant to the requirements of the Chesapeake Bay Preservation Act (§ 62.1-44.15:67 et seq.), the Erosion and Sediment Control Law (§ 62.1-44.15:51 et seq.), and the Virginia Stormwater Management Act (§ 62.1-44.15:24 et seq.), and (iv) any other incentives adopted by ordinance, which shall be binding upon the locality for a period of up to 10 years.
5. The governing body may establish a service district for the provision of additional public services pursuant to Chapter 24 (§ 15.2-2400 et seq.) of Title 15.2.
6. This section shall not authorize any local government powers that are not expressly granted herein.
7. Prior to adopting or amending any ordinance pursuant to this section, a locality shall provide for notice and public hearing in accordance with subsection A of § 15.2-2204 . (2007, c. 262; 2013, cc. 756, 793; 2019, c. 721.)

The 2013 amendments. - The 2013 amendments by cc. 756 and 793 are identical, and in subsection D, substituted "Chesapeake Bay Preservation Act ( § 62.1-44.15:67 et seq.), the Erosion and Sediment Control Law ( § 62.1-44.15:51 et seq.), and the Virginia Stormwater Management Act ( § 62.1-44.15:24 et seq.)" for "Chesapeake Bay Preservation Act ( § 10.1-2100 et seq.), the Erosion and Sediment Control Law ( § 10.1-560 et seq.), and the Virginia Stormwater Management Act ( § 10.1-603.1 et seq.)."

The 2019 amendments. - The 2019 amendment by c. 721, in subsection A, inserted "or town" following "city" three times.

§ 15.2-1130. Liability for failure to provide adequate security or crowd control.

The Cities of Chesapeake and Portsmouth may provide by ordinance that any person who has negligently failed to provide adequate security or crowd control at a sporting event, restaurant, night club, or other business or commercial activity that draws large crowds of people may be liable in a separate civil action for the cost associated with any emergency response by the law-enforcement agency or emergency medical services personnel of such city caused by the sponsor, owner, or tenant of any sporting event, restaurant, night club, or other business or commercial establishment who negligently failed to provide adequate security or crowd control. Such person shall be liable to the city in an amount not to exceed $1,000.

(1995, cc. 291, 408, § 15.1-132.2; 1997, c. 587; 2000, cc. 829, 840; 2019, c. 632.)

Editor's note. - This section, pertaining to liability for failure to provide adequate security or crowd control, was derived from Acts 1995, cc. 291, 408, § 15.1-132.2; It was amended by Acts 1997, c. 587; Acts 2000, cc. 829, 840. In furtherance of the general policy of the Virginia Code Commission to include in the Code only provisions having general and permanent application, this section, which is limited in its purpose and scope, is not set out here, but attention is called to it by this reference.

This section was formerly "Not set out" in furtherance of the general policy of the Virginia Code Commission to include in the Code only provisions having general and permanent application.

The 2019 amendments. - The 2019 amendment by c. 632 substituted "The Cities of Chesapeake and Portsmouth" for "Any city having a population between 100,000 and 110,000 or between 150,000 and 160,000."

§ 15.2-1131. Establishment of personnel system for city administrative officials and employees.

Notwithstanding any contrary provisions of law, general or special, in the Cities of Norfolk, Richmond, or Virginia Beach, the city council, upon receiving any recommendations submitted to it by the city manager, may establish a personnel system for the city administrative officials and employees. Such system shall be based on merit and professional ability and shall not discriminate on the basis of race, national origin, religion, sex, age, disabilities, political affiliation, marital status, sexual orientation, or gender identity. The personnel system shall consist of rules and regulations that provide for the general administration of personnel matters, a classification plan for employees, a uniform pay plan, and a procedure for resolving grievances of employees as provided by general law for either local government or state government employees.

(1997, c. 211, § 15.1-37.10; 2007, c. 813; 2020, c. 1137.)

Editor's note. - This section was enacted by Acts 1997, c. 211. Pursuant to Acts 1997, c. 587, cl. 6, this section has been incorporated into Title 15.2 as § 15.2-1131 .

Acts 2007, c. 813, cl. 2 provides: "That the provisions of this act shall not affect the powers of any locality with respect to any ordinance, resolution or bylaw validly adopted and not repealed or rescinded prior to July 1, 2007."

The 2007 amendments. - The 2007 amendment by c. 813 substituted "the Cities of Norfolk, Richmond, or Virginia Beach" for "any city with a population over 200,000 according to the 1990 census" in the first sentence.

The 2020 amendments. - The 2020 amendment by c. 1137 inserted "sexual orientation, or gender identity" in the second sentence, and made stylistic changes.

OPINIONS OF THE ATTORNEY GENERAL

Elected officers not subject to city's personnel policies. - Since elected public officers are not administrative officials or employees, a city was without authority under this section to subject elected officers to the city's personnel policies. See opinion of Attorney General to Mr. John A. Rupp, City Attorney for the City of Richmond, 04-068, 2004 Va. AG LEXIS 54 (10/8/04).

§ 15.2-1132. Volunteer property maintenance and zoning inspectors in certain cities.

The Cities of Chesapeake, Hampton, Newport News, Portsmouth, Richmond, and Virginia Beach may provide that the agency charged with the enforcement of local ordinances adopted pursuant to §§ 15.2-901 , 15.2-903 , 15.2-904 , 15.2-905 , and 15.2-908 or city charter relating to the external maintenance of property or local zoning ordinances relating to motor vehicles or trailers as defined in § 46.2-100 may utilize supervised, trained, and qualified volunteers to issue notices of noncompliance with such ordinances. Such volunteers shall have any and all immunity provided to an employee of the locality doing an identical job.

(Acts 2000, c. 673; 2002, cc. 31, 451; 2005, cc. 265, 318; 2010, c. 202; 2018, c. 542.)

Editor's note. - Acts 2000, c. 673, has been codified as § 15.2-1132 at the direction of the Code Commission.

The 2002 amendments. - The 2002 amendment by c. 31 substituted "The Cities of Chesapeake and Virginia Beach" for "Any city with a population greater than 390,000" at the beginning of the section.

The 2002 amendment by c. 451 substituted "The Cities of Chesapeake, Richmond and Virginia Beach" for "Any city with a population greater than 390,000" at the beginning of the section.

The 2005 amendments. - The 2005 amendments by cc. 265 and 318 are identical, and inserted "Portsmouth" following "Chesapeake."

The 2010 amendments. - The 2010 amendment by c. 202 inserted "Newport News."

The 2018 amendments. - The 2018 amendment by c. 542 inserted "Hampton" in the first sentence.

Law review. - For article surveying developments in real estate and land use law in Virginia from June 1, 2001 through June 1, 2002, see 37 U. Rich. L. Rev. 271 (2002).

§ 15.2-1133. Purchase of electric power and energy; duration of contracts; source of payments.

1. For purposes of this section:

   "Other party" means any other entity, including but not limited to (i) another municipality or public institution of higher education or any political subdivision, public authority, agency, or instrumentality of the Commonwealth, another state, or the United States of America or (ii) a partnership, limited liability company, not-for-profit corporation, electric cooperative, or investor-owned utility, whether created, incorporated, or otherwise organized and existing under the laws of the Commonwealth or another state or the United States of America.

   "Project" means any system or facilities for the generation, transmission, transformation, or supply of electrical power and energy by any means whatsoever, including but not limited to fuel, fuel transportation, and fuel supply resources and other related facilities, any one or more electric generating units situated at a particular site, in the continental United States of America, or any interest in the foregoing, whether an undivided interest as a tenant in common or otherwise, or any right to output, capacity or services thereof.

2. Any municipal corporation in the Commonwealth that on January 1, 2006, owned and operated an electric utility system may contract with any other party to buy power and energy required for its present or future requirements. Such contracts may provide that the source of such power and energy is limited to a specified project or may include provision for replacement power and energy. Any such contract may provide that the municipal corporation so contracting shall be obligated to make payments required by the contract whether or not a project is completed, operable, or operating and notwithstanding the suspension, interruption, interference, reduction, or curtailment of the output of a project or the power and energy contracted for, and that such payments under the contract shall not be subject to any reduction, whether by offset or otherwise, and shall not be conditioned upon the performance or nonperformance by any other party. Such contracts, with respect to any project, may also provide, in the event of default by any municipal corporation or other party that is a party to any such contract for such project in the performance of its obligations thereunder, for any municipal corporation or other party to any such contract for such project to succeed to the rights and interests and assume the obligations of the defaulting party, pro rata or otherwise, as may be agreed upon in such contracts. Such contracts may provide that the other party is not obligated to provide power and energy in the event that the project specified to be the source of power and energy to be purchased and sold under such contracts is inoperable or in the case of the suspension, interference, reduction or curtailment of the output of such project or in events of force majeure.

   Notwithstanding the provisions of any other law or charter provision to the contrary, any such contract, with respect to the sale or purchase of capacity, output, power, or energy from a project, may extend for a period not exceeding 50 years from the date a project is estimated to be placed in normal continuous operation; and the execution and effectiveness thereof shall not be subject to any authorizations or approvals by the Commonwealth or any agency, commission, instrumentality, or political subdivision thereof except as specifically required by law.

   Any such contract shall provide that payments by a municipal corporation under any such contract be made solely from and may be secured by a pledge of and lien upon the revenues derived by such municipal corporation from the ownership and operation of the electric system of such municipal corporation, and such payments shall constitute an operating expense of such electric system. No obligation under such contract shall constitute a legal or equitable pledge, charge, lien, or encumbrance upon any property of the municipal corporation or upon any of its income, receipts, or revenues, except the revenues of its electric system, and neither the faith and credit nor the taxing power of the municipal corporation are, or may be, pledged for the payment of any obligation under any such contract. A municipal corporation shall be obligated to fix, charge, and collect rents, rates, fees, and charges for electric power and energy and other services, facilities, and commodities sold, furnished, or supplied through its electric system sufficient to provide revenues adequate to meet its obligations under any such contract and to pay any and all other amounts payable from or constituting a charge and lien upon such revenues, including amounts sufficient to pay the principal of and interest on bonds of such municipal corporation heretofore or hereafter issued for purposes related to its electric system. Any pledge made by a municipal corporation pursuant to this paragraph shall be governed by the laws of the Commonwealth.

   (2007, cc. 612, 670.)

Editor's note. - Acts 2007, cc. 612 and 670, cl. 2 provides: "That if the provisions of this act should conflict with any provision of general law, local law, or charter, then the provisions of this act shall prevail."

Acts 2007, cc. 612 and 670, cl. 3 contains a severability clause.

§ 15.2-1200. General powers of counties.

Any county may adopt such measures as it deems expedient to secure and promote the health, safety and general welfare of its inhabitants which are not inconsistent with the general laws of the Commonwealth. Such power shall include, but shall not be limited to, the adoption of quarantine regulations affecting both persons and animals, the adoption of necessary regulations to prevent the spread of contagious diseases among persons or animals and the adoption of regulations for the prevention of the pollution of water which is dangerous to the health or lives of persons residing in the county.

(Code 1950, § 15-8; 1954, c. 529; 1956, cc. 218, 664; 1956, Ex. Sess., c. 40; 1958, c. 279; 1960, c. 606; 1962, c. 623, § 15.1-510; 1997, c. 587.)

Cross references. - As to duty of State Veterinarian when animals are suspected of having a contagious or infectious disease, see § 3.2-6003.

As to power of counties to adopt ordinances prohibiting illegal gambling, see § 18.2-340 .

Law review. - For note, "The Role of Localities in the Transportation and Disposal of Nuclear Wastes," see 18 U. Rich. L. Rev. 655 (1984). For article on constitutionality of local ordinances banning nude sunbathing, see 20 U. Rich. L. Rev. 589 (1986).

For article, "Legal Issues Affecting Local Governments in Implementing the Chesapeake Bay Preservation Act," see 24 U. Rich. L. Rev. 1 (1989).

Research References. - Antieau on Local Government Law, 2nd Ed. (Matthew Bender). Antieau.

§ 15.2-1201. County boards of supervisors vested with powers and authority of councils of cities and towns; exceptions.

The boards of supervisors of counties are hereby vested with the same powers and authority as the councils of cities and towns by virtue of the Constitution of the Commonwealth of Virginia or the acts of the General Assembly passed in pursuance thereof. However, with the exception of ordinances expressly authorized under Chapter 13 of Title 46.2, no ordinance shall be enacted under authority of this section regulating the equipment, operation, lighting or speed of motor-propelled vehicles operated on the public highways of a county unless it is uniform with the general laws of the Commonwealth regulating such equipment, operation, lighting or speed and with the regulations of the Commonwealth Transportation Board adopted pursuant to such laws. Nothing in this section shall be construed to give the boards of supervisors any power to control or exercise supervision over signs, signals, marking or traffic lights on any roads constructed and maintained by the Commonwealth Transportation Board. No powers or authority conferred upon the boards of supervisors of counties solely by this section shall be exercised within the corporate limits of any incorporated town except by agreement with the town council.

In the County of Fairfax an ordinance may be adopted by the board of supervisors under this section after a descriptive notice of intention to propose the same for passage has been published once a week for two successive weeks in a newspaper having a general circulation in the county. After the enactment of such ordinance by the board of supervisors, no publication of the ordinance shall be required and such ordinance shall become effective upon adoption or upon a date fixed by the board of supervisors.

(Code 1950, § 15-10; 1950, p. 113; 1958, c. 190; 1962, c. 623, § 15.1-522; 1966, cc. 405, 495; 1975, c. 575; 1997, c. 587.)

Law review. - For discussion of the special district problem in Virginia, see 55 Va. L. Rev. 1182 (1969). For article, "Local Government Law in Virginia, 1870-1970," see 4 U. Rich. L. Rev. 174 (1970).

§ 15.2-1201.1. Discharging employee for service on board prohibited; civil penalty.

A board member in Buchanan County shall not be discharged from employment as a result of his absence from employment due to attendance at regular board meetings upon giving reasonable notice to his employer of such absence. Any employer violating the provisions of this section shall be subject to a civil penalty of up to $2,500.

(1997, c. 613, § 15.1-539.1; 2019, c. 632.)

Editor's note. - This section, pertaining to prohibition of discharge for service on board and penalty for such in counties with a population between 31,000 and 31,500, was derived from Acts 1997, c. 613, § 15.1-539.1. In furtherance of the general policy of the Virginia Code Commission to include in the Code only provisions having general and permanent application, this section, which is limited in its purpose and scope, is not set out here, but attention is called to it by this reference.

This section was formerly "Not set out" in furtherance of the general policy of the Virginia Code Commission to include in the Code only provisions having general and permanent application.

The 2019 amendments. - The 2019 amendment by c. 632 substituted "in Buchanan County" for "of a county with a population between 31,000 and 31,500."

§ 15.2-1201.2. Discount for early payment of taxes.

Counties may by ordinance establish a discount for the early payment of any tax or assessment imposed by the county. For purposes of this section, "early payment" may include payment of real property taxes in full on or before the due date of such tax.

(2003, c. 216; 2012, c. 585.)

The 2012 amendments. - The 2012 amendment by c. 585 added the second sentence.

Law review. - For survey article on developments in the law affecting Virginia taxation, see 38 U. Rich. L. Rev. 267 (2003).

§ 15.2-1202. Appropriation of money to incorporated towns.

The governing body of any county may appropriate such sums as it desires to any incorporated town or towns within the boundaries of the county.

(Code 1950, § 15-249; 1962, c. 623, § 15.1-544; 1966, c. 495; 1997, c. 587.)

§ 15.2-1203. Governing body may require treasurer to pay claims.

The governing body of any county may require the treasurer of the county to pay all claims or other obligations for which the governing body has appropriated funds. The treasurer of the county shall, before paying any funds as authorized by this section, first comply with § 58.1-3132 .

(Code 1950, § 15-551.7; 1950, p. 415; 1962, c. 623, § 15.1-121; 1964, c. 413; 1997, c. 587.)

Cross references. - For present provisions as to standards governing conduct of state and local officers and employees with respect to conflict of interest and related matters, see § 2.2-3100 et seq.

§ 15.2-1204. Appropriations for advertising resources, etc., by counties.

The governing body of any county may appropriate funds for advertising and giving publicity to the resources and advantages of their county, and in securing and promoting economic development of the county. For the purposes set out in this section the county governing body may make such appropriation to chambers of commerce or similar organizations within such county, or to employ suitable persons to secure and promote economic development of the county.

(Code 1950, § 15-12; 1962, c. 580, § 15.1-10.1; 1981, c. 77; 1994, c. 594; 1997, c. 587.)

Michie's Jurisprudence. - For related discussion, see 5A M.J. Counties, §§ 37, 38, 62.

§ 15.2-1205. Allocation of county funds or property to authorities created by county.

The governing body of any county may give, lend or advance in any manner that it deems proper funds or other county property, not otherwise specifically allocated or obligated, to any authority created by such governing body pursuant to law.

(1966, c. 132, § 15.1-511.1; 1997, c. 587.)

Michie's Jurisprudence. - For related discussion, see 2C M.J. Aviation, § 8.

§ 15.2-1206.

Repealed by Acts 2010, c. 495, cl. 2.

Editor's note. - Former § 15.2-1206 , Pistols and revolvers; license tax on dealers, was derived from Code 1950, § 59-141; 1968, c. 439, § 15.1-523; 1997, c. 587.

§ 15.2-1207. Pistols and revolvers; reports of sales.

The power of any governing body of any county to require sellers of pistols and revolvers to furnish the clerk of the circuit court of the county, after sale of any such weapon, with the name and address of the purchaser, the date of purchase, and the number, make and caliber of the weapon sold is hereby repealed. The clerk shall destroy every record of the reports previously received.

(Code 1950, § 59-142; 1968, c. 439, § 15.1-524; 1997, c. 587; 2010, c. 495.)

The 2010 amendments. - The 2010 amendment by c. 495 rewrote the section, which read: "The governing body of any county may require sellers of pistols and revolvers to furnish the clerk of the circuit court of the county, within ten days after sale of any such weapon, with the name and address of the purchaser, the date of purchase, and the number, make and caliber of the weapon sold. The clerk shall keep a record of the reports."

§ 15.2-1208. Same; in certain counties.

Chapter 297 of the Acts of Assembly of 1944, approved March 29, 1944, requiring permits to sell or purchase pistols or revolvers in any county having a density of population of more than 1,000 a square mile, is repealed. Any records or copies thereof that were created pursuant to this section that are in the custody of any county shall be destroyed no later than July 31, 2004. Upon destroying the records, the county shall certify to the circuit court that such destruction has been completed.

(Code 1950, § 59-144; 1968, c. 439, § 15.1-525; 1997, c. 587; 2004, cc. 62, 393.)

Editor's note. - Acts 1944, c. 297, was repealed by Acts 2004, cc. 62 and 393, cls. 2.

The 2004 amendments. - The 2004 amendments by cc. 62 and 393 are nearly identical, and substituted "repealed" for "continued in effect" at the end of the first sentence and added the second and third sentences. Chapter 393 inserts "of Assembly" after "Acts" in the first sentence, which is set out in the form above at the direction of the Virginia Code Commission.

§ 15.2-1209. Prohibiting outdoor shooting of firearms or arrows from bows or arrowguns in certain areas.

Any county may prohibit the outdoor shooting of firearms or arrows from bows or arrowguns in any areas of the county which are in the opinion of the governing body so heavily populated as to make such conduct dangerous to the inhabitants thereof.

For purposes of this section, "bow" includes all compound bows, crossbows, slingbows, longbows, and recurve bows having a peak draw weight of 10 pounds or more. The term "bow" does not include bows that have a peak draw weight of less than 10 pounds or that are designed or intended to be used principally as toys. The term "arrow" means a shaft-like projectile intended to be shot from a bow.

Any county that prohibits the outdoor shooting of firearms or arrows from bows or arrowguns shall provide an exemption for the killing of deer pursuant to § 29.1-529 . Such exemption for the shooting of firearms or arrowguns shall apply on land of at least five acres that is zoned for agricultural use. Such exemption for the shooting of arrows from bows shall apply on land of at least two acres that is zoned for agricultural use.

(Code 1950, § 15-20.3; 1954, c. 223; 1962, c. 623, § 15.1-518; 1968, c. 294; 1992, c. 600; 1993, c. 367; 1995, c. 284; 1997, c. 587; 2000, c. 229; 2004, c. 930; 2005, c. 564; 2017, c. 530; 2018, cc. 557, 558.)

The 2000 amendments. - The 2000 amendment by c. 229 added the second paragraph.

The 2004 amendments. - The 2004 amendment by c. 930 deleted "or air operated or gas operated weapons" following "shooting of firearms" in the first paragraph.

The 2005 amendments. - The 2005 amendment by c. 564, in the first paragraph, inserted "outdoor" and "or arrows from bows"; added the second paragraph; in the last paragraph, substituted "outdoor shooting of firearms or arrows from bows" for "firing of firearms" in the first sentence, inserted "for the shooting of firearms" in the next-to-last sentence, and added the last sentence.

The 2017 amendments. - The 2017 amendment by c. 530, in the second paragraph, inserted "slingbows" and "weight" in the first sentence.

The 2018 amendments. - The 2018 amendments by cc. 557 and 558 are identical, and inserted "or arrowguns" throughout the section.

Michie's Jurisprudence. - For related discussion, see 20 M.J. Weapons, § 9.

§ 15.2-1209.1. Counties may regulate carrying of loaded firearms on public highways.

The governing body of any county is hereby empowered to adopt ordinances making it unlawful for any person to carry or have in his possession, for the purpose of hunting, while on any part of a public highway within such county a loaded firearm when such person is not authorized to hunt on the private property on both sides of the highway along which he is standing or walking; and to provide a penalty for violation of such ordinance not to exceed a fine of $100. The provisions of this section shall not apply to persons carrying loaded firearms in moving vehicles or for purposes other than hunting, or to persons acting at the time in defense of persons or property.

(Code 1950, § 18.1-272; 1975, cc. 14, 15, § 18.2-287 ; 2004, c. 462; 2007, c. 203.)

Cross references. - As to revocation of license and privileges related to hunting, trapping, or inland fishing, see § 29.1-338 .