CHAPTER 13

Az Act to amend and reenact §§ 3.02 and 8.09, as amended, 12.01, 18.08
as amended and 14.04 of Chapter 9, Acts of Assembly, 1952, Extra
Session, approved December 16, 1952, which provided a new charter
for the city of Hampton; and to amend the charter by adding sec-
tions numbered 2.06, 2.07 and 14.04:2, the amended and new sec-
tions relating to vacancies in office of councilmen; vacancies in
constitutional offices; clerk of the circuit court and court of law
and chancery; justices of the peace; circuit court, jurisdiction;
authorizing the city council to adopt ordinances relative to land
development and site plans; authorizing the city council to adopt
ordinances permitting the issuance of summons by certain inspec-
tors or officials and to provide penalties for violations; and court
of law and chancery; and to repeal §§ 14.05, 14.06 and 14.07 of the
ae pak relating to circuit court; judge, circuit court; transition

and effects upon county officers. tH 4]

Approved February 17, 1966

Be it enacted by the General Assembly of Virginia:

That §§ 3.02 and 3.09, as amended, 12.01, 13.08 as amended, and
os of Chapter 9, Acts of Assembly, 1952, Extra Session, approved
December 16, 1952, be amended and reenacted, and that the chapter
me amended by adding sections numbered 2.06, 2.07 and 14.04:2, the
mended and new sections being as follows:

§ 2.06. Land Development and Site Plan. In order to provide for
the orderly and proper development of land within the city of Hampton
and to protect the public safety, health and welfare, the city council
shall have the power to adopt by ordinance regulations and restrictions
relative to the development of land, except detached dwellings located
on a single lot and designed for or intended to be occupied by one
family. Such regulations and restrictions may prescribe standards and
requirements which provide for, but shall not be limited to, the follow-
ing: access for fire, police, emergency and service vehicles; width, grade,
elevation, location, alignment and arrangement of streets and sidewalks
with relation to existing streets and sidewalks, planned streets and side-
walks and the master plan; easements for public utilities; facilities for
off-street parking; laying out, constructing and improving streets, alleys
and sidewalks; access to adjacent land and to existing or proposed streets;
water mains ‘for servicing fire hydrants; disposition of storm water;
disposition of sewage and waste; control of flooding, through site ele-
vation or otherwise; control of slippage, shifting, erosion, accretion and
subsidence of soil; dedication of public streets, alleys, sidewalks, curbs,
gutters, sewers, drains and other public improvements; protection to
other land, structures, person and property; guarantee of payment

the development of all costs or a proportionate share of costs for public
streets, alleys, sidewalks, curbs, gutters, sewers and drains; the sub-
mission and approval of site plans and plats prior to development of
land; and procedures, enforcement and penalties for violation of any
such ordinance or ordinances. The procedures may include but shall not
be limited to authorizing the Director of Public Works or other desig-
nated officer to consider the site plans and plats in light of the reg-
ulations and restrictions applicable hereto and approve or disapprove site
plans and plats in accordance therewith and may include the require-
ment of dedication of necessary public streets and easements in accord-
ance with the master plan for said city. The provisions of this section
shall in nowise repeal, amend, impair or affect any other power, right
‘a privilege conferred by this charter or any other provisions of general

w.

§ 2.07. Issuance of Summons by Certain Inspectors or Officials.
The council may provide by ordinance that whenever any person be
accused of violating any section or sections of the code of the city .of
Hampton, Virginia, relating to: animals; boating; buildings and certain
other structures; fire prevention; housing, plumbing, sewers, sewage dis-
posal and water; and restaurants and other food establishments, or any
section or sections of the zoning ordinance of the city of Hampton,
Virginia, the inspector or official under whose jurisdiction the alleged
violation shall be, may issue a summons or otherwise notify him in writ-
ing, stating the alleged violation, to appear before a court having juris-
diction of the alleged violation at a time and place to be specified in
such summons or notice, such time to be at least five days after the
issuance of such summons unless the person accused shall demand an
earlier hearing, and such person shall, if he so desires have a right to
an immediate hearing or a hearing within twenty-four hours at a con-
venient hour and before a court having jurisdiction of the alleged
violation within the city of Hampton. Such person accused shall be
requested to give his written promise to appear at such time and place
stated in the summons; and, upon the person accused giving his promise
to appear in writing, the inspector or official shall cause the matter to
be placed upon the docket of the court named in the summons.

The council may further provide by ordinance that any person who
wilfully violates his written promise to appear, given in accordance with
the provisions herein and the ordinance adopted pursuant hereto, shall
be guilty of a misdemeanor, regardless of the disposition of, and in
addition to, the alleged violation; provided, however, that any person
convicted of violating any ordinance adopted pursuant to this section
shall be fined not less than five dollars nor more than one hundred dollars
or by tmprisonment in jail for a time not more than ten days or by both
such fine and tmprisonment; and provided further, that no person shall
be convicted of violating any ordinance adopted pursuant to this section
waless the inspector or official of the city identified himself to the alleged
violator as an tnspector or official of the city by appropriate wentifica-
tion, the form and contents of which shall be prescribed in any ordimance
adopted pursuant to this section.

§ 3.02. Vacancies in Office of Councilmen. Vacancies in the office
of councilmen from whatever cause arising shall be filled for the unex-
pired portion of the term by a majority vote of the remaining members
of the council, or if the council shall fail to act within sixty days of
the occurrence of the vacancy, by appointment of the * judges of the
courts of record of the city of Hampton, Virginia, acting jointly.

§ 3.09. Vacancies in Constitutional Offices. Vacancies in the
offices of treasurer, commissioner of the revenue, city sergeant, clerk
of the circuit court and of the Court of Law and Chancery of the City of
Hampton, and the attorney for the Commonwealth shall be filled by the

* eppotntment of the judges of the courts of record of the city of
Hampton, acting jointly, in accordance with the provisions of general law.

§ 12.01. Clerk of the circuit court and the Court of Law and
Chancery. The department of records shall be under the supervision and
control of the clerk of the circuit court and the Court of Law and Chancery
for the city of Hampton. *

The said clerk * shall, subject to the provisions of this charter,
exercise all the powers conferred and perform all the duties imposed
upon such officers by general law and be subject to the obligations and
penalties imposed by general law

§ 13.08. Justices of the Peace. The * judges of the courts of
record of the city of Hampton, acting jointly, shall determine the
number of justices of the peace required, and appoint each * fo serve
at the pleasure of the appointing authority. Any appointment to the
office of justice of the peace, whether made heretofore or hereafter
shall terminate at the pleasure of the said judges, acting jointly.

§ 14.04. Circuit Court; Jurisdiction. There shall be for the city
of Hampton a circuit court of the city of Hampton, and the satd court
end the said city shall continue to be in and a part of the Eleventh
Judicial Circuit of Virginia. The jurisdiction and authority of * the
cwewit court shall be as established by general law for circuit courts
of cities of the first class in Virginia, and as provided m Title 17,
Chapter 8.2, of the Code of Virginia.

§ 14.04:2. Court of Law and Chancery. There shall be for the
city of Hampton a Court of Law and Chancery of the City of Hampton,
which court shall have jurisdiction concurrent with the Circuit Court
of the City of Hampton, except as set forth in Title 17, Chapter 8.2, of
the Code of Virgt
2. That §§ 14. 05, 1. 14.06 and 14.07 of Chapter 9. of the Acts of Assembly,
1952, Extra Session, approved December 16, 1952, are repealed.

3 An emergency exists and this act is in force from its passage.