Chap. 409.—An ACT to amend and re-enact sections 15, 28, 87,
and 94, and subdivisions 5and 6 of section 19 of the charter of
the city of Richmond.

Approved February 25, 1892.

1. Be it enacted by the general assembly of Virginia,
That sections fifteen, twenty-three, eighty-seven, and
ninety-four, and subdivisions five and six of section
nineteen of the charter of the city of Richmond be
amended and re-enacted so as to read as follows:

§ 15. When any vacancy shall occur in either branch by
death, resignation, removal from the ward, failure to qual-
ify, or from any other cause, the branch in which such
vacancy occurs shal! elect a qualified person to supply the
vacancy for the unexpired term.

§ 23. In every case where a street or alley in said city
has been or shall be encroached upon by any fence, build-
ing, or otherwise, the city council may require the owner
or owners, if known, and if unknown, the occupant or oc-
cupants of the premises so encroaching, to remove the same.
If such removal shall not be made within the time ordered
by the council, they may impose a penalty of five dollars
for each and every day that it is allowed to continue there-
after, and may cause the encroachment to be removed and
collect from the owner all reasonable charges therefor,
with costs, by the same processes that they are hereinafter
empowered to collect taxes: provided, however, that in any
case where a street or alley, as originally laid out or estab-
lished, has been encroached upon by any building fora
period of twenty years, the part of the street so encroached
upon and actually occupied by said building shall not be
reclaimed or taken possession of by said city for the
public as a street or alley until said building shall be re-
built, or destroyed, or removed, or until the front of the
building shall be removed or rebuilt. Hereafter the said
city shall have the right to sue in ejectment to recover
possession of land claimed by her as a public highway.

§ 87. In time of exigency said commissioners, or a ma-
jority of them, or any one of them, if the others should
be absent from the city, or unable to act, may appoint
temporarily without authority from the city council, a
suitable number of additional policemen for such time as
shall appear necessary; not, however, to extend beyond
the time of the next meeting of the city council. The
mayor may confer police powers upon the clerks of the
markets and their deputies, keepers of parks and cemete-
ries, watchmen or custodians, of the city reservoirs, and
janitor or superintendent of the city hall, and such other
officers or employees of the city as shall have custody of
any other piece or part of the city’s property, so as to au-
thorize them to prevent any violation of any law or city
ordinance within or upon such pieces or parts of the city
property as may be under their charge or custody, and to
prevent any injury or damage from being done to such
pieces or parts of the city property; and the bailiff of
the police court shall have police powers when acting un-
der.the orders of the police justice of the city.

§ 94. For the purpose of guarding against the calami-
ties of fire, the city council may, from time to time, des-
ignate such portions or parts of the said city as it shall
think proper within which no buildings of wood, or of
wood covered with metal, shall be erected, and may regu-
late the manner of construction of all buildings. They
may prohibit the erection of wooden buildings in any
portion of the city without permission obtained from
them, and shall, on petition of the owner or owners of not
less than one-fourth of the ground included in any square
of the city, prohibit the erection in such square of any
building, or addition to any building, unless the outer
walls thereof be made of brick and mortar, or stone and
mortar, or some other fire-proof material; and may pro-
vide for the removal of any such building or {addition
which shall be erected contrary to such prohibition at the
expense of the builder or owner thereof. And if any
building shall have been commenced before said petitions
can be acted on by the council, or if any building in
progress appears clearly to be unsafe, the council may
have such buildings taken down or satisfactory altera-
tions made. The city shall have power to pass such ordi-
nances as it may deem necessary to ensure the safety and
proper construction and sanitary condition of all build-
ings or houses heretofore or hereafter erected. And also
have power to regulate and enforce the terms upon which
division fences between adjoining lots may be erected.

$19. Fifth—To establish or enlarge water-works and
gas-works and electric plants within or without the limits
of the said city; contract and agree with the owners of
any land for the use or purchase thereof, or may have the
same condemned for the location, extension or enlarge-
ment of their said works, the pipes, polee or wires con-
nected therewith, or any of the fixtures or appurtenances
thereof. They shall have power to protect from injury,
by adequate penalties, the said works, pipes, poles, wires
and fixtures and land, or anything connected therewith,
within or without the limits of said city, and to prevent
the pollution of water in James river, or any branch or
stream flowing into the same, by prohibiting the throwing
of filth, offensive or deleterious matter or liquid therein
above the said works, within fifteen miles above said
works. There shall be no lease nor sale of the city gas or
water-works, unless the proposition shall first be submit-
ted to the voters of the city of Richmond, at some regu-
lar city-election, and receive in favor thereof a majority
of all votes cast at such election.

Sixth. To establish, construct and keep in order, alter
or remove landings, wharves and docks on lands belong-
ing to the city; and to lay and collect a reasonable duty
on vessels coming to and using the same, and to regulate
the manner of using other wharves and landings within
the corporate limits; to prevent or remove all obstructions
in and upon any landings, wharves or docks. They may
also appoint port wardens for the port of said city, who
shall exercise such powers as the council may give them,
up to the port-wardens’ lines, as they may be established
from time to time by the United States government, and
fix their fees and compensation. The said city shall have
power to improve and keep in good, safe and navigable
condition the harbor of James river within the corporate
limits. The city council of said city shall have all the
powers set forth in sections two thousand and eleven, two
thousand and thirteen and two thousand and fourteen of
the code of Virginia, eighteen hundred and eighty-seven,
which powers it may delegate to some proper committee
of persons satisfactory to said council. .

2. This act shall be in force from its passage.