HB1879: Government, local; alternatives to publication of notices for charter changes, referenda, etc.
Be it enacted by the General Assembly of Virginia:
1. That 15.2-201, 15.2-202, 15.2-619, 15.2-903, 15.2-909, 15.2-951, 15.2-1201, 15.2-1301, 15.2-1416, 15.2-1719, 15.2-1720, 15.2-1813, 15.2-2108.7, 15.2-2114, 15.2-2204, 15.2-2316.2, 15.2-2400, 15.2-2401, 15.2-2506, 15.2-2507, 15.2-2606, 15.2-3107, 15.2-3913, 15.2-3400, 15.2-3537, 15.2-4528, 15.2-5104, 15.2-5403, 15.2-5431.5, 15.2-5602, 15.2-5702, and 15.2-5711 of the Code of Virginia are amended and reenacted as follows:
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 10
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. To ensure that the
maximum number of persons within the locality are likely to be informed, any
locality with a population of at least 100,000
may in lieu of the foregoing notice provide for the
text or an informative summary of the new charter or amendment desired to
be published on the locality's website or advertised
on any public access radio or television channel operated by the locality.
Notice given on any public access radio or television channel shall be aired
during prime time programming and at least two other times during the day. If
the information is provided on the locality's website or on any public access
radio or television channel operated by the locality, the information shall be
aired daily for at least two weeks, and the election shall
be held not less than 10 days after the final day of notice. 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.
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 10 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. To ensure that the maximum number of persons within
the locality are likely to be informed, any locality with a population of
at least 100,000 may in lieu of the foregoing notice provide for the text or an
informative summary of the new charter or amendment desired to be published on
the locality's website or advertised on any public access radio or television
channel operated by the locality. Notice given on any public access radio or
television channel shall be aired during prime time programming and at least
two other times during the day. If the information is provided on the
locality's website or on any public access radio or television channel operated
by the locality, the information shall be aired daily for at least two weeks,
and the hearing shall be held not
less than 10 days after the final day
of notice. 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.
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 10 days
prior to any such hearing at which any person applying for review will be
heard. To ensure that the maximum number of persons within
the locality are likely to be informed, any locality with a population of at
least 100,000 may in lieu of the foregoing notice provide for the notice
of the hearing to be published on the locality's website or
advertised on any public access radio or television channel operated by the
locality. Notice given on any public access radio or television channel shall
be aired during prime time programming and at least two other times during the
day. If the information is provided on the locality's website or on any public
access radio or television channel operated by the locality, the information
shall be aired daily for at least two weeks, and the hearing shall be held not less than 10 days after the final day of notice.
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.
15.2-903. Ordinances taxing and regulating "automobile graveyards," "junkyards," and certain vacant and abandoned property.
A. 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. To ensure that the maximum number of persons within the locality are likely to be informed, any locality with a population of at least 100,000 may in lieu of the foregoing notice provide for notice of the proposed ordinance to be published on the locality's website or advertised on any public access radio or television channel operated by the locality. Notice given on any public access radio or television channel shall be aired during prime time programming and at least two other times during the day. If the information is provided on the locality's website or on any public access radio or television channel operated by the locality, the information shall be aired daily for at least two weeks. 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 33.1-348.
B. 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 33.1-348. 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 33.1-348.
C. 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.
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. To ensure that the maximum number of persons within the locality are likely to be informed, any locality with a population of at least 100,000 may in lieu of the foregoing notice provide for notice to be published on the locality's website or advertised on any public access radio or television channel operated by the locality. Notice given on any public access radio or television channel shall be aired during prime time programming and at least two other times during the day. If the information is provided on the locality's website or on any public access radio or television channel operated by the locality, the information shall be aired daily for at least two weeks;
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.
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. To ensure that the maximum number of persons within the locality are likely to be informed, any locality with a population of at least 100,000 may in lieu of the foregoing notice provide for notice of the public hearing to be advertised on the locality's website or on any public access radio or television channel operated by the locality. Notice given on any public access radio or television channel shall be aired during prime time programming and at least two other times during the day. If the information is provided on the locality's website or on any public access radio or television channel operated by the locality, the information shall be aired daily for at least two weeks, and the public hearing shall be held not less than 7 days after the final day of notice. 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.
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. To ensure that the maximum number of persons within the locality are likely to be informed, in lieu of the foregoing notice the County of Fairfax may provide for notice of the proposed ordinance to be published on the locality's website or advertised on any public access radio or television channel operated by the locality. Notice given on any public access radio or television channel shall be aired during prime time programming and at least two other times during the day. If the information is provided on the locality's website or on any public access radio or television channel operated by the locality, the information shall be aired daily for at least two weeks prior to the adoption of the ordinance. 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.
15.2-1301. Voluntary economic growth-sharing agreements.
A. Any county, city or town, or combination thereof, may enter voluntarily into an agreement with any other county, city or town, or combination thereof, whereby the locality may agree for any purpose otherwise permitted, including the provision on a multi-jurisdictional basis of one or more public services or facilities or any type of economic development project, to enter into binding fiscal arrangements for fixed time periods, to exceed one year, to share in the benefits of the economic growth of their localities. However, if any such agreement contains any provision addressing any issue provided for in Chapters 32, 33, 36, 38, 39 or 41 of this title, the agreement shall be subject to the review and implementation process established by Chapter 34 of this title.
B. The terms and conditions of the revenue, tax base or economic growth-sharing agreement as provided in subsection A shall be determined by the affected localities and shall be approved by the governing body of each locality participating in the agreement, provided the governing body of each such locality first holds a public hearing which shall be advertised once a week for two successive weeks in a newspaper of general circulation in the locality. To ensure that the maximum number of persons within the locality are likely to be informed, any locality with a population of at least 100,000 may in lieu of the foregoing notice provide for the advertisement to be published on the locality's website or advertised on any public access radio or television channel operated by the locality. An advertisement on any public access radio or television channel shall be aired during prime time programming and at least two other times during the day. If the information is provided on the locality's website or on any public access radio or television channel operated by the locality, the information shall be aired daily for at least two weeks, with the last day of publication being at least 10 days prior to the public hearing. However, the public hearing shall not take place until the Commission on Local Government has issued its findings in accordance with subsection D. For purposes of this section, "revenue, tax base, and economic growth-sharing agreements" means any agreement authorized by subsection A which obligates any locality to pay another locality all or any portion of designated taxes or other revenues received by that political subdivision, but shall not include any interlocal service agreement.
C. Any revenue, tax base or economic growth-sharing agreement entered into under the provisions of this section that creates a debt pursuant to Article VII, Section 10 (b) of the Constitution of Virginia, shall require the board of supervisors to hold a special election on the question as provided in 15.2-3401.
D. Revenue, tax base and economic growth-sharing agreements drafted under the provisions of this chapter shall be submitted to the Commission on Local Government for review as provided in subdivision 4 of 15.2-2903.
15.2-1416. Regular meetings.
The governing body shall assemble at a public place as the governing body may prescribe, in regular session in January for counties and in July for cities and towns. Future meetings shall be held on such days as may be prescribed by resolution of the governing body but in no event shall less than six meetings be held in each fiscal year.
The days, times and places of regular meetings to be held during the ensuing months shall be established at the first meeting which meeting may be referred to as the annual or organizational meeting; however, if the governing body subsequently prescribes any public place other than the initial public meeting place, or any day or time other than that initially established, as a meeting day, place or time, the governing body shall pass a resolution as to such future meeting day, place or time. The governing body shall cause a copy of such resolution to be posted on the door of the courthouse or the initial public meeting place and inserted in a newspaper having general circulation in the county or municipality at least seven days prior to the first such meeting at such other day, place or time. To ensure that the maximum number of persons within the locality are likely to be informed, any locality with a population of at least 100,000 may in lieu of the foregoing notice provide for the resolution to be published on the locality's website or advertised by reading on any public access radio or television channel operated by the locality. If the resolution is read in full on any public access radio or published in full on any public access television channel, it shall be aired during prime time programming and at least two other times during the day. If the information is provided on the locality's website or on any public access radio or television channel operated by the locality, the information shall be aired daily for at least two weeks, with the last airing being at least seven days prior to the first such meeting at such other day, place or time. Should the day established by the governing body as the regular meeting day fall on any legal holiday, the meeting shall be held on the next following regular business day, without action of any kind by the governing body.
At its annual meeting the governing body may fix the day or days to which a regular meeting shall be continued if the chairman or mayor, or vice-chairman or vice-mayor if the chairman or mayor 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 finding 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 advertisement is required.
Regular meetings, without further public notice, may be adjourned from day to day or from time to time or from place to place, not beyond the time fixed for the next regular meeting, until the business before the governing body is completed.
Notwithstanding the provisions of this section, any city or town that holds an organizational meeting in compliance with its charter or code shall be deemed to be in compliance with this section.
15.2-1719. Disposal of unclaimed property in possession of sheriff or police.
Any locality may provide by ordinance for (i) the public sale in accordance with the provisions of this section or (ii) the retention for use by the law-enforcement agency of any unclaimed personal property which has been in the possession of its law-enforcement agencies and unclaimed for a period of more than sixty days. As used herein, "unclaimed personal property" shall be any personal property belonging to another which has been acquired by a law-enforcement officer pursuant to his duties, which is not needed in any criminal prosecution, which has not been claimed by its rightful owner and which the State Treasurer has indicated will be declined if remitted under the Uniform Disposition of Unclaimed Property Act ( 55-210.1 et seq.). Unclaimed bicycles and mopeds may also be disposed of in accordance with 15.2-1720. Unclaimed firearms may also be disposed of in accordance with 15.2-1721.
Prior to the sale or retention for use by the law-enforcement agency of any unclaimed item, the chief of police, sheriff or their duly authorized agents shall make reasonable attempts to notify the rightful owner of the property, obtain from the attorney for the Commonwealth in writing a statement advising that the item is not needed in any criminal prosecution, and cause to be published in a newspaper of general circulation in the locality once a week for two successive weeks, notice that there will be a public display and sale of unclaimed personal property. To ensure that the maximum number of persons within the locality are likely to be informed, any locality with a population of at least 100,000 may in lieu of the foregoing notice provide for notice that there will be a public display and sale of unclaimed personal property to be published on the locality's website or advertised on any public access radio or television channel operated by the locality. Notice given on any public access radio or television channel shall be aired during prime time programming and at least two other times during the day. If the information is provided on the locality's website or on any public access radio or television channel operated by the locality, the information shall be aired daily for at least two weeks. Such property, including property selected for retention by the law-enforcement agency, shall be described generally in the notice, together with the date, time and place of the sale and shall be made available for public viewing at the sale. The chief of police, sheriff or their duly authorized agents shall pay from the proceeds of sale the costs of advertisement, removal, storage, investigation as to ownership and liens, and notice of sale. The balance of the funds shall be held by such officer for the owner and paid to the owner upon satisfactory proof of ownership. Any unclaimed item retained for use by the law-enforcement agency shall become the property of the locality served by the agency and shall be retained only if, in the opinion of the chief law-enforcement officer, there is a legitimate use for the property by the agency and that retention of the item is a more economical alternative than purchase of a similar or equivalent item.
If no claim has been made by the owner for the property or proceeds of such sale within sixty days of the sale, the remaining funds shall be deposited in the general fund of the locality and the retained property may be placed into use by the law-enforcement agency. Any such owner shall be entitled to apply to the locality within three years from the date of the sale and, if timely application is made therefor and satisfactory proof of ownership of the funds or property is made, the locality shall pay the remaining proceeds of the sale or return the property to the owner without interest or other charges or compensation. No claim shall be made nor any suit, action or proceeding be instituted for the recovery of such funds or property after three years from the date of the sale.
15.2-1720. Localities authorized to license bicycles, electric power-assisted bicycles, mopeds, and electric personal assistive mobility devices; disposition of unclaimed bicycles, electric power-assisted bicycles, mopeds, and electric personal assistive mobility devices.
Any locality may, by ordinance, (i) provide for the public
sale or donation to a charitable organization of any bicycle, electric personal
assistive mobility device, electric power-assisted bicycle, or moped that has
been in the possession of the police or sheriff's department, unclaimed, for
more than thirty 30 days;
(ii) require every resident owner of a bicycle, electric power-assisted
bicycle, or moped to obtain a license therefor and a license plate, tag, and,
in the case of an electric personal assistive mobility device, an adhesive
license decal of such design and material as the ordinance may prescribe, to be
substantially attached to the bicycle, electric personal assistive mobility
device, electric power-assisted bicycle, or moped; (iii) prescribe the license
fee, the license application forms and the license form; and (iv) prescribe
penalties for operating a bicycle, electric personal assistive mobility device,
electric power-assisted bicycle, or moped on public roads or streets within the
locality without an attached license plate, tag, or adhesive decal. The
ordinance shall require the license plates, tags, or adhesive decals to be
provided by and at the cost of the locality. Any locality may provide that the
license plates, tags, or adhesive decals shall be valid for the life of the
bicycles, electric personal assistive mobility devices, electric power-assisted
bicycles, and mopeds to which they are attached or for such other period as it
may prescribe and may prescribe such fee therefor as it may deem reasonable.
When any town license is required as provided for herein, the license shall be
in lieu of any license required by any county ordinance. Any bicycle, electric
personal assistive mobility device, electric power-assisted bicycle, or moped
found and delivered to the police or sheriff's department by a private person
that thereafter remains unclaimed for thirty 30 days
after the final date of publication as required herein may be given to the
finder; however, the location and description of the bicycle, electric personal
assistive mobility device, electric power-assisted bicycle, or moped shall be
published at least once a week for two successive weeks in a newspaper of
general circulation within the locality. To ensure that the
maximum number of persons within the locality are likely to be informed, any
locality with a population of at least 100,000 may in lieu of publication in a newspaper of general
circulation provide for notice of the location and description of the bicycle, electric
personal assistive mobility device, electric power-assisted bicycle, or moped to be
published on the locality's website or given on
any public access radio or television channel operated by the locality. Notice on
any public access radio or television channel shall be aired during prime time
programming and at least two other times during the day. If
the information is provided on the
locality's website or on any public access radio or television channel operated by the locality, the information shall be aired daily
for at least two weeks. In addition, if there is a license, tag,
or adhesive license decal affixed to the bicycle, electric personal assistive
mobility device, or electric power-assisted bicycle, or moped, the record owner
shall be notified directly.
15.2-1813. Notice when public hearing required.
Any public hearing required by this chapter 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. However, to ensure that the maximum number of persons within the locality are likely to be informed, any locality with a population of at least 100,000 may in lieu of advertising any public hearing required by this chapter in a newspaper, advertise the public hearing on the locality's website or on any public access radio or television channel operated by the locality. Notice given on any public access radio or television channel shall be aired during prime time programming and at least two other times during the day. If the information is provided on the locality's website or on any public access radio or television channel operated by the locality, the information shall be aired daily for at least two weeks, with the last airing occurring at least seven days prior to the date set for the hearing.
15.2-2108.7. Public hearings on feasibility study; notice.
A. If the results of the feasibility study satisfy the revenue requirements of subsection D of 15.2-2108.6, the governing body shall, at the next regular meeting after the governing body receives the results of the feasibility study, schedule at least two public hearings to be held at least seven days apart, but both shall be held not more than 60 days from the date of the meeting at which the public hearings are scheduled. The purpose of such public hearings shall be to allow the feasibility consultant to present the results of the feasibility study, and to inform the public about the feasibility study results and offer the public the opportunity to ask questions of the feasibility consultant about the results of the feasibility study.
B. Except as provided in subsection C and D, the municipality shall publish notice of the public hearings required under subsection A at least once a week for three consecutive weeks in a newspaper of general circulation in the municipality. The last publication of notice required under this subsection shall be at least three days before the first public hearing required under subsection A.
C. If there is no newspaper of general circulation in the municipality, for each 1,000 residents the municipality shall post at least one notice of the hearings in a conspicuous place within the municipality that is likely to give notice of the hearings to the greatest number of residents of the municipality. The municipality shall post the notices at least seven days before the first public hearing required under subsection A is held.
D. To ensure that the maximum number of persons within the locality are likely to be informed, any locality with a population of at least 100,000 may, in lieu of providing the notice as required in subsection B, provide for notice of the hearings on the locality's website or advertised on any public access radio or television channel operated by the locality. Notice given on any public access radio or television channel shall be aired during prime time programming and at least two other times during the day. If the information is provided on the locality's website or on any public access radio or television channel operated by the locality, the information shall be aired daily for at least two weeks. The last posting or airing of notice required under this subsection shall be at least three days before the first public hearing required under subsection A.
DE. After
holding the public hearings required by this section, if the governing body of
the municipality elects to proceed, the municipality shall adopt by resolution
the feasibility study.
15.2-2114. Regulation of stormwater.
A. Any locality, by ordinance, may adopt a stormwater control program consistent with Article 1.1 ( 10.1-603.1 et seq.) of Chapter 6 of Title 10.1, or any other state or federal regulation, by establishing a utility or enacting a system of service charges. Income derived from these charges shall be dedicated special revenue and may be used only to pay or recover costs for the following:
1. The acquisition, as permitted by 15.2-1800, of real and personal property, and interest therein, necessary to construct, operate and maintain stormwater control facilities;
2. The cost of administration of such programs;
3. Engineering and design, debt retirement, construction costs for new facilities and enlargement or improvement of existing facilities, including the enlargement or improvement of dams, whether publicly or privately owned, that serve to control stormwater; however, prior to adoption of any ordinance pursuant to this section related to the enlargement or improvement of privately owned dams, a locality shall comply with the notice provisions of 15.2-1427 and hold a public hearing;
4. Facility maintenance, including the maintenance of dams, whether publicly or privately owned, that serve to control the stormwater; however, prior to adoption of any ordinance pursuant to this section related to the maintenance of privately owned dams, a locality shall comply with the notice provisions of 15.2-1427 and hold a public hearing;
5. Monitoring of stormwater control devices;
6. Pollution control and abatement, consistent with state and federal regulations for water pollution control and abatement; and
7. Planning, design, land acquisition, construction, operation and maintenance activities.
B. The charges may be assessed to property owners or occupants, including condominium unit owners or tenants (when the tenant is the party to whom the water and sewer service is billed), and shall be based upon their contributions to stormwater runoff; however, prior to adopting such a system, a public hearing shall be held after giving notice as required by charter or by publishing a descriptive notice once a week for two successive weeks prior to adoption in a newspaper with a general circulation in the locality. The second publication shall not be sooner than one calendar week after the first publication.To ensure that the maximum number of persons within the locality are likely to be informed, any locality with a population of at least 100,000 may in lieu of providing the notice by publication in a newpaper provide for a descriptive notice to be posted on the locality's website or read on any public access radio or advertised on any television channel operated by the locality. Notice given on any public access radio or television channel shall be aired during prime time programming and at least two other times during the day. If the information is provided on the locality's website or on any public access radio or television channel operated by the locality, the information shall be aired daily for at least two successive weeks. A locality adopting such a system shall provide for full waivers of charges to federal, state, or local government agencies when the agency owns and provides for maintenance of storm drainage and stormwater control facilities or is a unit of the locality administering the program. A locality shall also provide full waivers of charges for roads and public street rights-of-way that are owned and maintained by state or local agencies. A locality adopting such a system may also provide for full or partial waivers of charges to any person who develops, redevelops or retrofits outfalls, discharges or property so that there is a permanent reduction in post-development stormwater flow and pollutant loading. The locality shall base the amount of the waiver in part on the percentage reduction in both stormwater flow and pollutant loading, from predevelopment to postdevelopment. No locality shall provide a waiver to any person who does not obtain a stormwater permit from the Department of Environmental Quality when such permit is required by statute or regulation. A locality adopting such a system may also provide for full waiver of charges to cemeteries. Income derived from service charges may not exceed the actual costs incurred by a locality operating under the provisions of this title.
C. Any locality may issue general obligation bonds or revenue bonds in order to finance the cost of infrastructure and equipment for a stormwater control program. Infrastructure and equipment shall include structural and natural stormwater control systems of all types, including, without limitation, retention basins, sewers, conduits, pipelines, pumping and ventilating stations, and other plants, structures, and real and personal property used for support of the system. The procedure for the issuance of any such general obligation bonds or revenue bonds pursuant to this section shall be in conformity with the procedure for issuance of such bonds as set forth in the Public Finance Act ( 15.2-2600 et seq.).
D. In the event charges are not paid when due, interest thereon shall at that time accrue at the rate, not to exceed the maximum amount allowed by law, determined by the locality until such time as the overdue payment and interest are paid. Charges and interest may be recovered by the locality by action at law or suit in equity and shall constitute a lien against the property, ranking on a parity with liens for unpaid taxes. The locality may combine the billings for stormwater charges 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 payments will be applied to the different charges. No locality shall combine its billings with those of another locality or political subdivision, including an authority operating pursuant to Chapter 51 ( 15.2-5100 et seq.) of Title 15.2, unless such locality or political subdivision has given its consent by duly adopted resolution or ordinance.
E. Any two or more localities may enter into cooperative agreements concerning the management of stormwater.
15.2-2204. Advertisement of plans, ordinances, etc.; joint public hearings; written notice of certain amendments.
A. Plans or ordinances, or amendments thereof, recommended or adopted under the powers conferred by this chapter need not be advertised in full, but may be advertised by reference. Every such advertisement shall contain a descriptive summary of the proposed action and a reference to the place or places within the locality where copies of the proposed plans, ordinances or amendments may be examined.
The local planning commission shall not recommend nor the governing body adopt any plan, ordinance or amendment thereof until notice of intention to do so has been published once a week for two successive weeks in some newspaper published or having general circulation in the locality; however, the notice for both the local planning commission and the governing body may be published concurrently. To ensure that the maximum number of persons within the locality are likely to be informed, any locality with a population of at least 100,000 may in lieu of publication in a newspaper of general circulation provide for notice to be published on the locality's website or given on any public access radio or television channel operated by the locality. Notice on any public access radio or television channel shall be aired during prime time programming and at least two other times during the day. If the information is provided on the locality's website or on any public access radio or television channel operated by the locality, the information shall be aired daily for at least two weeks. The notice shall specify the time and place of hearing at which persons affected may appear and present their views, not less than five days nor more than 21 days after the second advertisement appears in such newspaper. The local planning commission and governing body may hold a joint public hearing after public notice as set forth hereinabove. If a joint hearing is held, then public notice as set forth above need be given only by the governing body. The term "two successive weeks" as used in this paragraph shall mean that such notice shall be published at least twice in such newspaper with not less than six days elapsing between the first and second publication. After enactment of any plan, ordinance or amendment, further publication thereof shall not be required.
B. When a proposed amendment of the zoning ordinance involves a change in the zoning map classification of 25 or fewer parcels of land, then, in addition to the advertising as above required, written notice shall be given by the local planning commission, or its representative, at least five days before the hearing to the owner or owners, their agent or the occupant, of each parcel involved; to the owners, their agent or the occupant, of all abutting property and property immediately across the street or road from the property affected, including those parcels which lie in other localities of the Commonwealth; and, if any portion of the affected property is within a planned unit development, then to such incorporated property owner's associations within the planned unit development that have members owning property located within 2,000 feet of the affected property as may be required by the commission or its agent. Notice sent by registered or certified 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. If the hearing is continued, notice shall be remailed. Costs of any notice required under this chapter shall be taxed to the applicant.
When a proposed amendment of the zoning ordinance involves a change in the zoning map classification of more than 25 parcels of land, or a change to the applicable zoning ordinance text regulations that decreases the allowed dwelling unit density of any parcel of land, then, in addition to the advertising as above required, written notice shall be given by the local planning commission, or its representative, at least five days before the hearing to the owner, owners, or their agent of each parcel of land involved, provided, however, that written notice of such changes to zoning ordinance text regulations shall not have to be mailed to the owner, owners, or their agent of lots shown on a subdivision plat approved and recorded pursuant to the provisions of Article 6 ( 15.2-2240 et seq.) of this chapter where such lots are less than 11,500 square feet. One notice sent by 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, provided that a representative of the local commission shall make affidavit that such mailings have been made and file such affidavit with the papers in the case. Nothing in this subsection shall be construed as to invalidate any subsequently adopted amendment or ordinance because of the inadvertent failure by the representative of the local commission to give written notice to the owner, owners or their agent of any parcel involved.
The governing body may provide that, in the case of a condominium or a cooperative, the written notice may be mailed to the unit owners' association or proprietary lessees' association, respectively, in lieu of each individual unit owner.
Whenever the notices required hereby are sent by an agency, department or division of the local governing body, or their representative, such notices may be sent by first class mail; however, a representative of such agency, department or division shall make affidavit that such mailings have been made and file such affidavit with the papers in the case.
A party's actual notice of, or active participation in, the proceedings for which the written notice provided by this section is required shall waive the right of that party to challenge the validity of the proceeding due to failure of the party to receive the written notice required by this section.
C. When a proposed comprehensive plan or amendment thereto; a proposed change in zoning map classification; or an application for special exception for a change in use or to increase by greater than 50 percent of the bulk or height of an existing or proposed building, but not including renewals of previously approved special exceptions, involves any parcel of land located within one-half mile of a boundary of an adjoining locality of the Commonwealth, then, in addition to the advertising and written notification as above required, written notice shall also be given by the local commission, or its representative, at least 10 days before the hearing to the chief administrative officer, or his designee, of such adjoining locality.
D. When (i) a proposed comprehensive plan or amendment thereto, (ii) a proposed change in zoning map classification, or (iii) an application for special exception for a change in use involves any parcel of land located within 3,000 feet of a boundary of a military base, military installation, military airport, excluding armories operated by the Virginia National Guard, or licensed public-use airport then, in addition to the advertising and written notification as above required, written notice shall also be given by the local commission, or its representative, at least 10 days before the hearing to the commander of the military base, military installation, military airport, or owner of such public-use airport, and the notice shall advise the military commander or owner of such public-use airport of the opportunity to submit comments or recommendations.
E. The adoption or amendment prior to July 1, 1996, of any plan or ordinance under the authority of prior acts shall not be declared invalid by reason of a failure to advertise or give notice as may be required by such act or by this chapter, provided a public hearing was conducted by the governing body prior to such adoption or amendment. Every action contesting a decision of a locality based on a failure to advertise or give notice as may be required by this chapter shall be filed within 30 days of such decision with the circuit court having jurisdiction of the land affected by the decision. However, any litigation pending prior to July 1, 1996, shall not be affected by the 1996 amendment to this section.
F. Notwithstanding any contrary provision of law, general or special, the City of Richmond may cause such notice to be published in any newspaper of general circulation in the city.
G. When a proposed comprehensive plan or amendment of an existing plan designates or alters previously designated corridors or routes for electric transmission lines of 150 kilovolts or more, written notice shall also be given by the local planning commission, or its representative, at least 10 days before the hearing to each electric utility with a certificated service territory that includes all or any part of such designated electric transmission corridors or routes.
15.2-2316.2. Localities may provide for transfer of development rights.
A. Pursuant to the provisions of this article, the governing body of any locality by ordinance may, in order to conserve and promote the public health, safety, and general welfare, establish procedures, methods, and standards for the transfer of development rights within its jurisdiction. Any locality adopting or amending any such transfer of development rights ordinance shall give notice and hold a public hearing in accordance with 15.2-2204 prior to approval by the governing body.
B. Any proposed transf
