Be it enacted by the General Assembly of Virginia:
1. That §§ 2.01, 2.02, 3.03, 3.04, 3.09, 16.04, 16.05 and 16.06, as amended, of Chapter 147 of the Acts of Assembly of 1962 are amended and reenacted as follows:
§ 2.01. GENERAL GRANT OF POWERS.
The powers set forth in §§
§ 2.02. ADDITIONAL POWERS.
Without limiting the generality of the foregoing, but in addition thereto, the City of Virginia Beach shall have the following additional powers:
(a) To spend not exceeding five percent of its annual revenue from all sources in advertisement of and giving publicity to its resources and advantages.
(b) To levy a higher tax in such areas of the City of Virginia Beach as desire additional or more complete services of government than are desired in the city as a whole, provided that such higher tax rate shall not be levied for school, police or general government services but only for those services which prior to the effective date of this charter were not offered in all the territory within the boundaries of the city and provided further that the proceeds from such higher tax rate shall be so segregated as to enable the same to be expended in the areas in which raised.
(c) To levy a special tax on real property in any
(d) To exercise all powers possessed by the City of Virginia Beach and Princess Anne County immediately preceding the effective date of this charter, consistent with general law and not inconsistent with this charter; provided, however, that except as otherwise specifically provided in this charter, all laws heretofore applicable to Virginia Beach or Princess Anne County, respectively, shall continue to apply to the areas theretofore comprising such political subdivisions, now incorporated under this charter as a single such subdivision, until otherwise provided by law.
(e) Imposition of special fees. To establish and collect such fees as may be determined by the council to be reasonable for the rendering of special services.
(f) Special service district. A special service district of the oceanfront
resort area of the City of Virginia Beach shall be created by the governing
body of the City of Virginia Beach upon petition of more than
After creating the special service district, the city council shall have the following powers and duties with respect to the service district:
1. To construct, maintain, and operate such facilities and equipment as may be necessary or desirable to provide additional governmental services and facilities, including but not limited to relocation and placement underground of utility lines and poles, landscaping, boardwalk and beach improvements, recreational facilities, parking facilities, promotion of the business district, and sidewalks and pedestrian malls for the use and benefit of the public in such service district.
2. To acquire by gift, condemnation, purchase, lease, or otherwise and to maintain and operate any such facilities and equipment as may be necessary and desirable to provide such additional governmental services in such district, and to acquire by gift, condemnation, purchase, lease, or otherwise, rights, title, interest, or easements therefor in or to real estate in such service district.
3. To contract with any person, firm, corporation, or political subdivision to provide such additional governmental services or facilities in such district and to construct, establish, maintain, and operate any such facilities and equipment, as may be necessary and desirable in connection therewith.
4. To authorize the city manager to employ and fix the compensation of any technical, clerical, or other personnel which may be necessary or desirable from time to time to provide such additional governmental services in such district or for the construction, operation, or maintenance of any such facilities and equipment as may be necessary or desirable in connection therewith.
5. To levy and collect an annual tax, which shall not be more than
(g) To compel the abatement and removal of all nuisances within the city; to require all lands, lots and other premises within the city to be kept clean; to regulate the keeping of animals, poultry, and other fowl therein; to regulate the exercise of any dangerous or unwholesome business, trade or employment therein; to regulate the transportation of all articles through the streets of the city; to compel the abatement of smoke and dust, and prevent unnecessary noise therein; to compel the removal of grass and weeds from private and public property, and snow from sidewalks; to require 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 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 the grounds subject to be covered by stagnant water; the razing or repair of all unsafe, dangerous or unsanitary public or private buildings, walls or structures; to compel the removal of inoperative or unlicensed motor vehicles or parts thereof from private or public property; and to make and enforce all ordinances, rules and regulations necessary or expedient for the purpose of carrying into effect the powers conferred by this charter or by any general law, and to provide and impose suitable penalties for the violation of such ordinances, rules and regulations, or any of them, and the city may maintain a suit to restrain by injunction the violation of any ordinance. The enumeration of particular powers in this charter shall not be deemed or held to be exclusive, but in addition to the powers enumerated herein, implied thereby, or appropriate to the exercise thereof, the said city shall have and may exercise all other powers which are now and may hereafter be possessed or enjoyed by other cities under the Constitution and general laws of this Commonwealth. If after such reasonable notice as the council may prescribe by ordinance, the owner or owners, occupant or occupants of the property or premises affected by the provisions of this subsection shall fail to abate or obviate the condition or nuisance, the city may do so and charge and collect the cost thereof from the owner or owners, occupant or occupants of the property or premises affected in any manner provided by law for the collection of taxes.
§ 3.03. FILLING VACANCIES.
Vacancies in the office of councilmen, from whatever cause arising, except
where such vacancy occurs due to a resignation to run for the office of mayor,
shall be filled within
If a vacancy shall occur in the office of mayor, the council shall choose by majority vote of the remaining members thereof one of its members to be mayor until his successor is elected and qualified in accordance with general law.
§ 3.04. APPOINTMENT OF MEMBER OF COUNCIL TO OFFICE OF PROFIT.
§ 3.09. ADVISORY REFERENDUMS.
Upon the filing with the Clerk of the Circuit Court of the City of Virginia
Beach of a petition signed by a number of qualified voters in Virginia Beach
Following certification of the election results by the Electoral Board to the Chief Judge, the court shall enter an order proclaiming the results of such election and a duly certified copy of such order shall be transmitted to the governing body.
§ 16.04. ELECTION OF THE SCHOOL BOARD.
B. Each of the
§ 16.05. FILLING VACANCIES ON SCHOOL BOARD.
When a vacancy occurs in the office of an elected school board member, the
vacancy shall be filled in the same manner in which general law provides for
the filling of vacancies of city council members pursuant to §§ 24.2-226 and
24.2-228 with the interim appointment to be made by a majority vote of the remaining
members of the board. If the vacancy is that of a school board member elected from
§ 16.06. QUALIFICATIONS OF CANDIDATES FOR ELECTION TO THE BOARD.
In order to qualify as a candidate for election and to have his or her name
placed on the ballot, a candidate for the school board shall meet the
qualifications to hold public office in accordance with general law and shall
be nominated by petition pursuant to §
2. That § 16.02, as amended, of Chapter 147 of the Acts of Assembly of 1962 is repealed.