Chap. 113.—An ACT to amend and re-enact sections 19b, 28, 28a, 80 and 105 of an.
act entitled an act to provide a new charter for the city of Richmond, approved
March 24, 1926, as heretofore amended, and to amend said act by adding thereto
seven new sections numbered 63a, 63b, 63c, 63d, 63e, 96a and 96b so as to provide’
for leave of absence for officers and employees of the city of Richmond serving:
in the military and naval forces of the United States of America, the production
of books and records of taxpayers for examination by assessing officers of the
city of Richmond for the purpose of enforcing the tax and revenue laws of the
State and ordinances of the City of Richmond, the refund of taxes and charges
erroneously assessed by the city of Richmond and paid and the exoneration from
the payment of unpaid erroneous assessments and the assessment of omitted
taxes, penalties and interest, the creation of a separate department of the gov-.
ernment of the city of Richmond to secure and promote public health and
sanitation and to prescribe its powers and duties. [H B 200]

Approved March 6, 1942

1. Beit enacted by the General Assembly of Virginia, That sections
nineteen-f, twenty-eight, twenty-eight-a, eighty and one hundred five of
an act entitled an act to provide a new charter for the city of Richmond,
approved March twenty-fourth, nineteen hundred and twenty-six, as here-
tofore amended, be amended and re-enacted so as to read as follows: __

19f. To establish, construct, maintain, keep in order, alter or repair
landings, wharves, docks, canals, and streets and approaches thereto. and
the lands contiguous or appurtenant thereto, which are now owned or con-
trolled by the city.of Richmond or which may hereafter be acquired by
gift, purchase, condemnation or otherwise for such purpose, either within
the corporate limits, or within five (5) miles thereof ; and to that end the
city of Richmond is expressly authorized to acquire by condemnation or
otherwise, docks, wharves, canals, approaches thereto or lands to be used
in connection therewith and to control, operate and maintain the same
for such purpose, and in connection therewith may prescribe and collect
reasonable charges from vessels coming to or using the same, or may
lease the use of such landings, wharves, docks or canals upon such terms
and conditions as to them may seem proper, and the council is authorized
to make application to the proper authorities of the United States of
America to grant to the city the privilege of establishing, operating and
maintaining a foreign trade zone or zones as defined and provided for
by the act of Congress contained in Title Nineteen, Chapter One-A of
the Code of Laws of the United States of America relating to foreign
trade zones as the same now exists or may be hereafter amended, within
the corporate limits of the city or within five miles thereof, and may regu-
late the use of other wharves and landings located within the corporate
limits or within five (5) miles thereof, and shall have power to prevent or
remove obstructions from the harbor of James River and in and upon
landings, wharves, docks or canals and collect the cost of such removal
from the person or persons responsible therefor ; and the said city shall be
authorized to close or discontinue the use of any such wharf, landing, dock
or canal now owned or hereafter acquired by the said city, and upon the
closing or discontinuance of such use the same shall thereupon be forever
discharged from any public use or easement or from any obligation there-
tofore imposed by reason of such public use or easement, by statute or
otherwise. Provided, that before the dock or any part thereof, conveyed
by the Chesapeake and Ohio Railway Company to the William R. Trigg
Company, by deed dated the first day of June, nineteen hundred and one,
in accordance with the provisions of the Act of Assembly approved
February fifteenth, nineteen hundred and one shall be closed or filled in,
the city of Richmond, at its sole cost and expense, shall make provisions
for disposing of the water required by said act to be delivered into said
dock’ and shall, at its cost and expense, maintain the provision so made,
and in the event of such abandonment, closing or discontinuance of the
use of such landing, wharf, dock or canal the said city shall have the right
to use or dispose of the land upon which the said landing, wharf, dock,
or canal may be located together with all lands or other rights appurtenant
thereto, to the same extent as if the said landings, wharves, docks, canals,
or lands, or right thereto belonging had never been charged with any pub-
lic ‘use or easement. The said city shall also have the power to improve
and keep in good, safe and navigable condition James River in the cor-
porate limits and within twenty (20) miles thereof, and to that end, may
acquire by condemnation or otherwise, all lands or interest therein deemed
necessary by the council for the improvement of James River and the im-
provément of navigation, and in that connection, where deemed desirable,
may acquire lands for the construction of canals or the widening of the
river, and may hold such lands for such purpose, or lease, sell or otherwise
dispose of same for the better improvement of James River, the mainten-
ance of navigation, and to improve the harbor facilities, and may provide
and operate such connections by ferries, bridges, or otherwise, as may be
necessary for transportation between the sections of land divided by
such canals. They may also appoint a port authority for the port of said
city, who shall exercise such powers and perform such duties as the
council may prescribe. The City Council of said city shall, in addition,
have and exercise all the powers and be charged with all the duties im-
posed upon it by chapter one hundred and forty-five of the Code of Vir-
ginia, nineteen hundred and nineteen, as the same now exists or as the
same may be hereafter amended, which powers it may delegate to some
proper committee of persons to be designated by the said Council. The
Council of said city shall also have the power to construct, operate and
maintain crossings, switchings, spurs, tracks, terminals, and terminal
facilities of every kind used and necessary in the transportation of proper-
ty, and to perform any and all services in connection with the receipt,
delivery, shipment and transfer in transit, weighing, marking, tagging.
ventilation, refrigeration, icing, storage and handling of property trans-
ported, and to do any or all of those acts through its own officers, agents
and employees, or by contracting with one or more persons, firms, asso-
ciations, or corporations for the doing of any or all of those acts by one
or more of such persons, firms, associations, or corporations.

28. The government of the city of Richmond, for its more conven-
ient and efficient administration, is hereby divided into seven departments,
as follows:

(1) Department of Law.

(2) Department of Finance.

(3) Department of Public Works.

(4) Department of Public Welfare.

(5) Department of Public Utilities.

(6) Department of Public Safety.

(7) Department of Public Health.

Provided, however, that the Council may, by ordinance adopted
by an affirmative vote of at least two-thirds of its members in each
branch, create new subdivisions of any department where absolutely
necessary, or abolish existing departments and distribute the functions
thereof or establish temporary departments for special work.

At the head of each department, except the Departments of Law and
Finance, there shall be a director, whose term of office shall be two years,
to commence on the first day of October of the year in which appointed,
who shall be appointed by the mayor, subject to confirmation by the
Council, at a joint meeting of the two branches called for that purpose on
the first day of September of the year in which their terms commence, or
as soon thereafter as practicable. All of such directors and heads of de-
partments shall be chosen by reason of fitness, training and education for
the duties which pertain to the departments to which they belong.

The person now in office shall continue to serve until the first day of
October, nineteen hundred and forty-two and thereafter until their suc-
cessors are duly appointed and qualify, unless sooner removed by the
mayor or the Council. The mayor shall, as soon as practicable after this
act becomes effective, appoint a director of the Department of Public
Health, for a term of office expiring on the thirtieth day of September
nineteen hundred and forty-two, subject to confirmation by the Council,
at a joint meeting of the two branches called for the purpose within ten
days after such appointment, and thereafter said director shall be ap-
pointed and confirmed as provided in this section. Should the council
fail within ten days after any appointment made by the mayor under this
section to confirm the same, the mayor shall, within ten days after such
failure, appoint another suitable person and report such appointment to
the Council for confirmation, and the same procedure shall continue until
the Council shall have confirmed the appointment made by the mayor. In
case of vacancies occurring in the office of director of any of the depart-
ments hereinbefore enumerated, except the head of the legal department
and the head of the Department of Finance, the mayor shall fill the va-
cancy in the manner herein provided. The director of each of the said
departments shall have power to appoint such number of officers, assist-
ants, clerks and employees as he shall deem necessary for the proper ad-
ministration of his department, and fix their compensation and wages,
subject to the approval of the advisory board as provided in this charter ;
but such officers, assistants, clerks and employees may be removed at any
time by the director of the department with which they are connected.

The directors of the said several departments shall have the manage-
ment and control of the administration of the affairs of the respective
departments under their control, and shall each be responsible to the
mayor for the efficient management of their departments, and their ad-
vice in writing may be required by the mayor on all matters affecting their
respective departments. They shall each provide and forward to the mayor
annually, before the commencement of each fiscal year, estimates of funds
necessary for the operation of their respective departments and for the
performance of duties required of them, and they shall at all other times
make other reports and recommendations concerning their respective de-
partments deemed necessary by them or when required by the mayor,
under rules and regulations to be prescribed by him. Upon the receipt of
such estimates the mayor, in consultation with the advisory board, after
having first received from the comptroller the estimated anticipated
revenues of the city for the next ensuing fiscal year, from every source
whatsoever, other than revenues derived from the bond issue or by tempo-
rary loans, shall make up and forward to the Council a tentative budget of
expenditures, which shall be within such anticipated revenues ; provided,
however, that if, in the opinion of the mayor, the needs and exigencies of
the city require a larger revenue for the coming fiscal year than the rate of
tax in force for the previous year will produce, he shall report whether he
deems it advisable or not to increase the revenues of the city by levying a
larger tax, and if so, he shall recommend on what particular subject the
rate should be increased so as to produce the desired revenue.

28a. The mayor of the city of Richmond is hereby directed to desig-
nate the directors of the departments hereinbefore provided for, who
shall together with the city comptroller, constitute an advisory board, of
which the mayor shall be a member and ex-officio chairman, to whom the
head of any department may refer for final adjudication, all questions
arising concerning the administration of his department, of which ques-
tions the said advisory board shall take cognizance and finally determine,
should they be of opinion that the question submitted is one which should
properly be referred to them for determination, rather than for the de-
termination of and action by the head of the department. The determina-
tion of any question thus submitted to the advisory board shall be decided
by a majority vote of the whole board, including the mayor. The determi-
nation of the board, when made on the conditions above stated, shall be
final and conclusive upon the heads of all the departments, and shall gov-
ern their actions in the premises. And said board shall have such other
powers and duties as may be conferred upon them by this charter or from
time to time by ordinance or resolutions of the Council not in conflict with
the provisions of this charter. -

The respective heads of the Department of Finance, Department of

Public Works, Department of Public Welfare, Department of Public
Utilities, Department of Public Safety and Department of Public Health
shall annually, before the beginning of each fiscal year submit to the ad-
visory board a complete schedule showing the number and character of
the officers, assistants, clerks and other employees deemed necessary for
the proper operation of their departments, respectively, and showing the
compensation proposed to be paid to each, which schedules and scales of
wages may be amended in such manner as the advisory board may de-
termine, and as amended shall be returned to the head of the department
submitting the same, and shall be final and conclusive and operate to con-
trol such heads of departments in the conduct of their respective depart-
ments. The said advisory board shall keep a record of all of their pro-
ceedings, and have properly filed and preserved papers and documents
relating thereto, and to that end they are hereby authorized to designate
some person in some one of the departments to act in that capacity. :

80. The director of public welfare shall have the general: manage-
ment and control of public charities, public baths, public markets and the
public employment bureau and such other activities and enterprises as
may be determined by the council, and may appoint such officers, assist-
ants, clerks and employees as he may deem necessary for the proper ad-
ministration of his department, subject, however, to the approval of the
advisory board, as hereinbefore provided, but such officers, assistants,
clerks and employees may be removed at any time by the said director of
public welfare. |
| 105. There shall be appointed by the City Council one police justice,
who shall hold his office for the term of four years, and until his suc-
cessor shall be elected and qualified, unless sooner removed from office.
The said police justice shall hold his court in said-city in such place as the
Council may provide each day except Sunday and except any Tuesday,
Wednesday, Thursday or Friday declared by law to, be a holiday.
The jurisdiction of the police justice shall extend to all cases arising with-
in the jurisdictional limits of the city of which a justice of the peace may
take cognizance under the laws of the State, and to all cases arising under
the charter and ordinance of the city. , -

There shall be a police court, known as Police Court, Part Two,
which shall be held by a police justice within the former territory of the
city of Manchester, for the trial of all cases, civil and criminal, arising
within the limits of the city of Richmond, so far as said limits lie on the
south side of the James River, and so far as such cases are properly try-
able by a police justice. The justice of Police Court, Part Two, shall hold
a court each day except Sunday and except any Tuesday, Wednesday,
Thursday or Friday declared by law to be a holiday. Within said terri-
tory the civil jurisdiction of said police justice of Police Court, Part -I'wo,
shall be the same as the civil jurisdiction that the civil justices of the city
of Richmond now exercise or as may be hereafter conferred upon them,
and such police justice of Police Court, Part Two, shall be elected in the
same manner and for the same term as is provided in this charter for the
police justice of the city of Richmond. The police justice and the police
justice of Police Court, Part Two, now in office shall continue to serve
cH: 113]. ACTS. OF ASSEMBLY 147

until the end of their respective terms, unless sooner removed from of-
fice. : _ 2° ,
Such justices shall have such other powers and jurisdictions as may
be conferred upon them by the City Council, not in conflict with the
Constitution and laws of the United States .and of the State of Virginia..
The City Council may provide for the appointment of such clerks and
officers for said courts of the police justices and make such rules concern-:
ing admission to the court rooms and the maintenance of good order there-
in during the sitting of said courts as they may deem proper. The City.
Council may designate one of said police justices to hold a court at such
place or places in the city and at such time as may be prescribed by said
Council, for the trial of all cases involving the violation in the city of laws
of the State or ordinances of the city regulating travel and traffic upon the
streets, roads and highways and may designate the clerk and other officer
or officers provided for said justices to serve such court in the trial of
such cases. OO , *

If any person who has been duly summoned as a witness to attend
and give evidence before the said justice, as the case may be, touching
any matter or thing under the charter or any ordinance of the city shall
fail to attend in obedience to said summons, he or she may be fined at the:
discretion of said. justice, in a sum not exceeding twenty dollars. That.
hereafter, at the expiration of the present term of office, or a vacancy
occurring therein, the City Council shall elect the civil justice as provided
for in section thirty-one hundred and twelve of the Code of Virginia.

~ Aclerk of the civil justice court, as provided for in section thirty-one.
hundred and eighteen of the Code of Virginia, shall be appointed by the
civil justice and the civil justice number two subject to confirmation by
the City Council, and should the City Council fail within ten days after
the appointment made by the civil justice to confirm the same, the civil
justices shall, within ten days thereafter, appoint another suitable person
and report such appointment to the City Council for confirmation, and
the same procedure shall continue until the City Council shall have con-
firmed the appointment made by the civil justices, and such clerk shall
serve during the term of such civil justices unless sooner removed by
such justices or the City Council. ,

A clerk to the juvenile and domestic relations court, as provided for
in section nineteen hundred and fifty-two of the Code of Virginia, shall
be appointed by the judge of the juvenile and domestic relations court,
subject to confirmation by the City Council, and should the City Council
fail within ten days after the appointment made by the judge to confirm
the same, the judge shall within ten days thereafter appoint another suit-
able person and report such appointment to the City Council for confirma-
tion and the same procedure shall continue until the City Council shall
have confirmed the appointment made by the judge, and such clerk shall
serve during the term of such judge unless sooner removed by such judge
or the City Council. :

2. Be it further enacted by the General Assembly of Virginia, That
an act entitled an act to provide a new charter for the city of Richmond
approved March twenty-fourth, nineteen hundred and twenty-six, be
amended by adding thereto eight new sections, numbered twenty-nine-a,
sixty-three-a, sixty-three-b, sixty-three-c, sixty-three-d, sixty-three-e,
ninety-six-a and ninety-six-b, which new sections shall read as follows:

63-a. The commissioner of the revenue, the city comptroller, or the
board of real estate assessors may require the production of the books
and records of any taxpayer containing information concerning the tax
liability of such taxpayer for the purpose of verifying or amending or
correcting the assessment of city taxes for any tax year of the three tax
years last past at the time of such examination, or for the then current tax
year. The Council may provide by ordinance for the issuance of a sum-
mons requiring the production of the taxpayer’s books and records and
for the imposition of fines and penalties for the failure to obey such sum-
mons.

63-b. If the commissioner of the revenue, the city comptroller, or

the board of real estate assessors ascertain that any taxpayer has not been
assessed with taxes of any kind for any tax year of the three tax years
last past at the time of examination of the books and records of such tax-
payer or for the then current tax year, or that said taxpayer has been
assessed with taxes of any kind at less than the law required for any one
or more of such years or that the said taxes for any cause have not been
realized, it shall be the duty of the commissioner of the revenue, upon
his own examination and audit or upon the report of the city comptroller,
or the board of real estate assessors, as the case may be, to assess the tax-
payer with the taxes at the rate or rates prescribed for said year or years
and to include in such assessment penalties and interest as may be pre-
scribed by council not to exceed, however, a penalty of five percentum of
the tax, and interest at the rate of six per cent per annum and the council
may provide for the imposition of additional interest not to exceed interest
at the rate of six per cent per annum if such assessment be not paid with-
in thirty days after its date.
- 63-c. If in the regular course of the audit of such taxpayer’s rec-
ords the commissioner of the revenue or the city comptroller ascertain
that the amount of license taxes assessed against the taxpayer for any one
or more of said years is in excess of the amount of license taxes which
should have been assessed against said taxpayer upon a correct computa-
tion thereof, then, the city comptroller, with the approval of the city at-
torney, may refund out of the city treasury the excess of such taxes er-
roneously assessed, if said excess be paid, or exonerate the taxpayer from
the payment of said excess if the excess be not paid. If the commissioner
of the revenue or the city comptroller ascertain that there be additional
liability for one or more years and also an excessive assessment for one
or more years, then the excess of one assessment may be credited against
the deficiency of the other assessment, and, the taxpayer be assessed with
the net deficiency, or be refunded the net excess, if paid, or exonerated
from the payment of the net excess if unpaid, by order of the city
comptroller, with the approval of the city attorney.

63-d. Any person, firm or corporation assessed with a local tax on
tangible personal property, machinery and tools, or a license tax, or a
local capitation tax, and who is aggrieved by any such assessment, may
cH. 113] © ACTS OF ASSEMBLY 149

at any time within one year from the thirty-first day of December of the
year in which such assessment is made apply to the commissioner of the
revenue for a correction of said assessment. Notice of such application
shall also be given the city comptroller and the city attorney, and if the
commissioner of the revenue, with the approval of both the comptroller
and the city attorney, be satisfied that such person, firm or corporation has
been erroneously assessed with any such tax, then the city comptroller,
with the approval of the city attorney, may order the commissioner of the
revenue, to correct such assessment and it shall be the duty of said officer
to make such correction in accordance with the orders of the city comp-
troller with the approval of the city attorney. The city comptroller, with
the approval of the city attorney, shall have the power to order that the
taxpayer be exonerated from the payment of so much as is erroneously
charged, if unpaid, and if said assessment be paid, then the city comp-
troller, with the approval of the city attorney, shall have the power to
order the refund of the excess of said assessment out of the treasury of
the city of Richmond. But where it is shown to the satisfaction of the
commissioner of the revenue, with the approval of both the comptroller
and the city attorney, that there has been a double assessment in any
case, one of which assessments is proper and the other erroneous, and
that a proper single tax has been paid thereon, the comptroller, with the
approval of the city attorney, may order that such erroneous assessment
be corrected, whether the erroneous tax has been paid or not, and even
though the application be not made within the one year, as hereinbefore
required.

The remedy granted by this section shall be in addition to the right
of any taxpayer to apply within the time prescribed by law to the proper
court as provided by law for the correction of erroneous assessments of
the classes described in this section and application may be made to the
proper court irrespective of whether such applicant has or has not there-
tofore made application to the commissioner of the revenue for the cor-
rection of any such assessment.

63-e. Any person, firm or corporation assessed with a local tax on
real property or with a special assessment and who is aggrieved thereby
may, at any time within one year from the thirty-first day of December
of the year in which such assessment is made, apply to the board of real
estate assessors for a correction of said assessment. Notice of such appli-
cation shall also be given to the city comptroller and the city attorney and
if the board of real estate assessors, with the approval of both the city
comptroller and the city attorney, be satisfied that such person, firm or
corporation has been erroneously assessed with such tax, then the city
comptroller, with the approval of the city attorney, may order the board of
real estate assessors to correct such assessment and it shall be the duty of
such board to make such correction, in accordance with the orders of the
city comptroller, with the approval of the city attorney. The city comp-
troller, with the approval of the city attorney, shall have the power to
order that the taxpayer be exonerated from the payment of so much as is
erroneously charged, if unpaid, and if said assessment be paid, then the
city comptroller, with the approval of the city attorney, shall have the
power to order the refund of the excess of said assessment out of the
treasury of the city of Richmond. But where it is shown to the.satisfac-
tion of the board of real estate assessors, with the approval of both the
comptroller and the city attorney, that there has been a double assessment
in any case, one of which assessments is proper and the other erroneous,
and that a proper single tax has been paid thereon, the comptroller, with
the approval of the city attorney, may order that such erroneous assess-
ment be corrected, whether the erroneous tax has been paid or not, and
even though the application be not made within the one year, as herein-
before required.

‘The remedy granted by this section shall be in addition to the right of
any taxpayer to apply within the time prescribed by law to the proper
court as provided by law for the correction of erroneous assessments of
the classes described in this section and application may be made to the
proper court irrespective of whether such applicant has or has not there-
tofore made application to the board of real estate assessors for the cor-
rection of any such assessment. |

96-a. There shall be appointed, as hereinabove provided, a suitable
person qualified by training and education to perform the duties required
of him by law and skilled in the science of public health, who shall be
known as “Director of Public Health.” He shall keep his office in such
place as may be designated by the Council. Upon his qualifications, as
hereinbefore provided, he shall give bond with sureties in the amount of
not less than five thousand dollars before entering upon the duties of his
office, or a larger sum may be required by the Council before or after he
shall have entered upon the duties of his office. : |

96-b. The director of public health shall have the power to do any
and all things necessary to secure and promote public health and public
sanitation, which shall include but shall not be limited to the following
powers: to organize the department of public health and to administer the
activities and functions of said department; to enforce all public health
and sanitation laws, ordinances, and rules and regulations adopted as
provided by law ; to execute the policies and enforce the rules and regula-
tions lawfully adopted by the board of health; to supervise and control
the production, preparation and distribution of milk and food supplies,
public and private hospitals, sanatoria, convalescent homes, homes for
aged persons and homes for delinquent, dependent and neglected children ;
to advise the board of health, the Council and the public of measures that
should be adopted to secure and promote public health and public sanita-
tion; and to perform such other activities, duties and functions as may be
prescribed by the Council or board of health. He shall also have the power
to appoint such officers, assistants, clerks and employees as he may deem
necessary for the proper administration of his department, subject, how-
ever, to the approval of the advisory board, as hereinbefore provided, but
such officers, assistants, clerks and employees may be removed at any time
by the said director of public health.

3. Anemergency existing, this act shall be in force from its passage.