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07-10-1963 MinutesVIRGINIA: At a regular meeting of the ~oard of Supervisors of Chesterfield County, held at the Courthouse on July 10, 1963, at 9:00 a.m. Present: M~. Irvin G.Horner, Chairman Mr. H. T.Goyne Mr. Stanley R.Hague, Jr. Mr. R.J.Britton Mr. Marshall F.Driskill The Board of Supervisors of Chesterfield County this day approved all claims presented for the month of June, 1963, and authorized the Treasurer of the County of Chesterfield to issue warrants as follows: General County Fund: From Check No. 9&9 through Check No.962, Check No. 971 through 1158, and Check No. 5977 through Check No.6287, in the aggregate amount of $125,074.66 County Road Fund: From Check No. 1664, in the aggregate amount of i,099.91 County Garage Fund: ~ Check No.966 and 967, Rrom Check No. 167~ through Check No. 1686, Check No. 169~ through Check 170~, 3 ,~50.74 _Dpg Tax Fund: Check No. 963 and 964, Check No. 1666, Check No. 1672 through 1674, and Check No.1706, in the a~ount of 2,449.63~' Ettrick Operating Fund: Check No. 969, Check No. 1667 through 1671, Check No. 1687 through Check 1690, in the aggregate amount of 1,516.74 Ett rickDebt Fund: Chick No. 1707, in the amount of 5,562.50 Street 'and Road Fur~d: Check No. 1708, in the amount of 115.50 Store Room Fund: Check No. 1691 through Check No. 1697, in the a~gregate amount of 1~9./+8 Payroll Deduction Fund: Check No. 1656 through Check No. 1662, Check No. 1663, Check No. 1665, Check No. 1705, Check No. 1709 through C?eck No. 1715, in the aggregate amount of 22,561.19 Utilities Department - Operating: Personal Services Contractual Services Materials & Supplies Replacements & Additions Refund R~venue: Utilities Department-Construction: Personal Services Contractual Services Materials & Supplies $7,631.23 7,092.57 3,?35.66 327.70 $ 4,497.37 131,,865.87 096.17 $18,787.16 29.46 $19,459.41 ~onstruction Stores: ~41,527.62 Construction Refund R~venue: Refund Cons%ruction Contracts: Meter Installation: Per sohal Services Contractual Services Materials & Supplies Miscellaneous Costs Meter Stores Meter Deposits $g,204,25 -6O3.O7 1,705.73 7,900.00 Refund Meter Connections Water Bond Construction: Contractual Services Improvement, Replacement & Ext.: Special Projects-- Sewer Operating: Personal Services Contractual Services Materials ~ Supplies ~dis c ell aneou-~ Costs $574.37 213.67 36.21 ~,g22. O0 Sewer Cons%ruction: Personal Services Contractual Services Replacements & Additions 625.00 45.27 2,992.50 S.ewer Bond Construction: Personal Services Contr~a ctua 1 Servi~e s Materiels & Supplies Replacements & Additions 'MisCellaneous Costs 4,048.33 282,479.09 452.62 15.06 49,~2~.00 Sewer Service Installation: Materials & Supplies Check No. 5575 to Check Number 5735 in the aggregate amoun5 of 200.00 1,401.78 $14,413.05 19,697.92 485.00 220.00 3,187.~2 13.55 ~,246.25 3,662.77 336,324.10 ~z6o.96 $463,916.95 Miscellaneous Receipts turned over to the Treasurer - June, 196~: ~/3o/63 6/ll/63 6/7/63 6/ll/63 6117/63 6/1~/63 6721/63 6/24/63 6/19/63 6/14/63 6A~/63 5/16/63 5/16/63 615/63 679163 5/31/63 6/5/63 6/3/63 Mrs. Wallace E. Goodman Walter W.Casen Henry Myers, Jr. W. E.Westbrook Albar Realty, Inc. P.L.Travis, Jr. State Deot. of Health Thomas W.Win ston Joseph L.Trembley Virginia Supplemental Retirement System Virgihia Supplemental Retirement Syz t em Board of Public Welfare Boar~ of Public Welfare Cent ral Nat' 1 Harry P. Ambs Chesterfield Western Riders Joseph L.Trembley Office of Civil Defense Commonwealth of Virginia Rezoning fee $20.00 " " 20. O0 e " 20.00 " " 20.00 " " 20. O0 " " 2~. O0 Office rent, June,1963 42~.00 Volumes I & II County Code 20.00 Psych0a-anal ysi s exam. 5. OO State's share of Employer's Share of Life Ins.-Jan. Feb. an~ M~rch, 1963 17.40 State's share of Employer's Retirement -First Quarter, 1963 Janitor Service Telephone - S$1e of County map Volume II -County Code Use of stadium facilities based on i0¢ per paid admission For reimbursement to County for exam. in case of LRnda Trembley 5.00 Reimbursement 3rd Quarter ?~-63-1;v9. 500-1 (63) (Jan 1,19o3 thru Mch.31, 1963 ) 889.55 50.CO 50.00 14.25 10.00 8.30 821.07 Miscellaneous Receipts Turned over to the Treasurer, June,1963: 6/7/63 6/6/63 6/6/63 6/18/63 6/17/63 6/i8/63 6/18/63 5/29/63 5I'28/63 Wilbur N.Shavender Sheriff's Dept.-Comm. of Va. Comm. of Va.-Sheriff's Dept. Cash Sale of Discards Wm.R.Shelton H.B jGilliam 0 .B.. Gates Dept. of Welfare & Instiutions 6/14/63 6/i4/63 6/14/63 6/14/63 6/lO/63 6/17/63 6/lO/63 6/lO/63 6/20/63 6/2o/6j 5/28763 Probation Dept. Probat ion Dept. Probation Dept. Division of Motor Vehicles County of Amelia E.I.DuPont de Nemours Co. James E. Cha se Mar- T-Ceramic s Board of Public Welfare Board of Public Welfare Treasurer of Virginia County Storeroom: 5/16/63 Board of Public Welfare 6/20/63 Board of Public Welfare Lunacy commission State' s share of telephone service-May, 1963 Office supplies, postage, etc. -State's Share-May,1963 Sale of 6ounty maps Used cars Comm. of Va. Va. Heirs of William S.Miller, Dec'd. Comm. of Va. Vs. Heirs of Harry L.Schutte, dec'd. Physical examination of prisoners sent to Road Camp State's share of Social Security Retirement and Group Insurance first quarter, Probation Dept. Mileage -May, 1963 Sa] ary-Probati~on Officers Salary-Clerk-lyPist Gas tax rebate Care of prisoners for Amelia, May, 1963 Volunes I and II, County Code Variance fee Use Permit Tel epho ne Janitor service State's share Employer's Soaial Security & Group Ins. Supplies for Storeroom Suppl i es $30.00 93.33 38.66 26.6~ 6,910. On 34.50 2.50 5.00 23.89 !05.32 6o6.'65' lOS.00 194.70 i27.75 20.00 20.00 20.00:' .50.00 50.00 1~7.86 26.26 11.96 ~¢ Road Fund: 6/14/63 Windsor Corporation ~Special Street and Road Signs: 6/6/63 Rudolph Constructio'n Co. 6/17/63 Cole Real Estate 5/29/63 E.H.Marsteller, Jr. 6/20/63 Foster & Miller 6/24/~3 Gray Realty' Corp. Paving streets in Cherokee Estates 85oo.oo StDeet signs-Falling Creek Cr. 32.00 DuPont Plaza 8.00 Street signs for Campfield 24.00 Street signs-~ranchwo~dSubd. 40.00 Holliday Hills, Sect.2 20.00 6/i/63 Walter P.Leonard Cash Bond to be held in escrow $8OO.OO General Co.Fund: Retirement ~elfare Dept. Grpup Ins. Welfare Dept. ~yroll ~/15/63 /15/63 5/15/63 Deduction Fund: Welfare Dent. Clerk,Circuit Court We]fare Dept. 5/30/63 Circuit Court County Garage Fund: 5/16/63 Board of Public Welfare 6/25/63 ~eck Iron & Metal Co. 6/20/63 Board of Public Welfare Employer's share of retirement -May, 1963 Employer's share of Group Ins. May, 1953 Employee's share -Group Ins. Employee's share of reti rement-May, 1963 Employee's share retirement- May, 1963 $151.88 1.20 12.00 4.80 135.35 114.86 Gas and~oit 95.05 35 batteries 30.60 Gas and oil 151.50 Rlr. Britton gives the invocation. On motion of Mr. Goyne, seconded by Mr. Driskitl, it is resolved that the Special Water Contract No.591 for the installation of an 8" water line in Parkers Lane, be, and it hereby is anproved. On mooion of Mr. Britton, seconded by Mr. Driskill, it is resolved th~ the Water contract for the installation of water lines to the new Manchester High School be awarded to the F.L.Showalter Company, in the total amount of $25,330.00. On motion ~r.Britton, seconded by Mr. Driskill, it is resolved that the County will pay one-half of the cost of the installation of the water lines on Clearfield Avenue, from Germain to Limestone, and the remaining cost to be paid by the T&T Construction Company. It is here notes tha~ Yir.Goyne votes "No". On motion of Mr. Britton, seconded by Mr. Driskill, it is resolved that the County ~%rat~rDepartment pay one-half the cost of a water line on Susan Drive, between Rusk Avenue and ~¥almsley Boulevard, the remaining half to be paid by the T&T Construction Company. It is here notes that Mr. Goyne votes "No". On motion of ~r. Britton, seconded by Mr. Hague, it is resolved that connection charges for approximately 1-1/4 acres for the ~endricks Tile Company be set at $750.00 per acre, which amount takes into account the easement given to the County for a sewer line by Mr.Hendri~ks. On motion of Mr.Britton~, seconded by Rk~.Driskill, it is resolved that the Utilities Department be authorized %o purchase a punching mschine to~ punch books for the pa'yment of sewer connections on time. On motion of Mr. Goyne, seconded by i'~r.Britton, it is resolved that t.he Treasurer of the County be requested to transfer a sum not to exceed ~200,000.00 from the Improvement, Replacement and Extension Fund to the Central Stores account. This day the Board reviewed the proposed application for Federal Grant for sewage treatment works in the amount of ~196~500.00 ~or the construction of trunk sewers in. the County, prepared by R.Stuart Royer & Associates on behalf of the County, and On motion of Mr. Britton~ seconded by ~r. Driskill~ it is resolved: That the Board of Supervisors hereby requests such Federal Grant and that the Chairman of this Board is authorized to sign such application on behalf of this BOard and to do any and all acts necessary and proper in connection with the application to obtain this Grant; and BE IT FURTHER RESOLVED: That the Board of Supervisors of Chesterfield County a~rees that if a Federal Grant for the project is made pursuant to Federal Water Pollution Act (33 USC g66 et seq) the County of Chesterfield will pay the remaining cost of the a~proved project and than the County will provide proper and efficient operation and mai~ntenance of the approved project after completion of the construction thereof. On motion of Mr.Driskill, seconded by M~.Britton, it is resolved that this Board reque~ s the Highway Department vo lower a culvert on Rt.147, just east of Wayland Subdivision and to deepen the ditch on the discharge side of said culvert at a cost no~ to exceed $100.00, to be paid by the 3¢ Road Fund of the County. There arose a discussion of the drainage situation in the Hollandale Subdivision, and on motionof Mr. Britton, seconded by l~r. Hague, it is resolved that the Engineering Department be requested to get firm prices on the installation of the proper size pipe for this project and to get the necessary easements as needed. On motion of R~r. Britton, seconded by ~lr. Hague, it is resolved that a Deed from Mrs. Elizabeth M.~Neisiger %o the County of Chesterfield for a small piece of land at~ the intersection of Btiley Road and Forest Hill Avenue, acquired for the widening of this intersection, be, ar~ it hereby is accepted. On motion of R~r. Hague, seconded by R~r. Goyne, it is resolved that this Board requests the Highway Department to hard-surface the streets in North Beulah Villa~e and to charge same to the 3¢ ~oad Fund of the County. On motion of ~r. Britton, seconded by Mnr. Hague, it is resolved that this Board requRsts the Highway Department to improve ParkStreet in Cherry Gardens at a cost not to exceed ~250.00. And be it further resolved, that this work be authorized when there is sufficient guarantee from the First Federal Bank that the said cost of improvements will b~ paid by escrows now held. On motion of ~r.Britton, seconded by R~r. Driskill, it is resolved that this Board again requests the Highway Department to make another drainage survey in the Broad Rock Home Sites area an~ submit recommendations on how the existing condition may be improved. On motion of Mr. Goyne, seconde8 by Mr. Driskill, it is resolved that this Board have a representative appear at the next Highway Commission meeting to ask for Industrial Funds on Rt. 616. On motion of Mr. Goyne, seconded by )ir. Driskill~ it is resolved that this Board requests the Highway Department to re-study the intersection of Rts. 618' and 619 in mn attempt to satisfy the p~.ople in the area concerning the hazards created by the conssruction of these roads. On motion of lVlr.Britton, seconded by ~k".Goyne, it is resolved that this Board again requests the Highway Department to take such steps as are necessary to improve the intersection on Turner Road and Walmsley Boulevard. On motion of Mr. Britton, seconded by Mr. Driskill, it is resolved that this Boar~ requests the Highway Department to improve Worthington Road,. from Whitehead, eastwardly a distance of 2 blocks, at a cost not to exceed ~t6OO.OO, and.charge same to the 3¢ Road Fund of the County. On motion of Mr. Britton, seconded by Mr. Driskill, it is resolved that this Board requests the Engineering Department to acquire the necessary rights of way on Worthington Road and to get the utilities moved so that said road can be constructed. On motion of l~r.Goyne, seconded by Mr. Driskill, it is resolved that the Chairman be requested to appoint a Committee %o report and make recommendations for further revneues to the Highway Department to meet the road needs of an ever-expanding population. Mr. Jack O'Leary comes before the Board on behalf of the Appomattox River Basin Industrial Development Corporation, seeking continued support of Chesterfield County for this Corporation. After a lengthy discussion of the aims and work of the Corporation, it was agreed that this n~tter b~ studied further. On motion, the meeting was recessed for lunch. Reconve ning: 63-53. Mt. Simmons, representing Mt. Earl Northern comes before the Board again requesting the re~oning from Residential-(R-2) to General Business (0-2) on a parcel of land, fronting 75 feet 6n the south line of Walmsley Boulevard and 110 feet on the west line of Johnson's street and better known as Lots 15, 16 and 17 im Ampthill Heights in Manchester Magisterial District, for the Diversifie~ Realty Investments, Inc. Mr. Ken Gordon an~ others again cite the opposition. The Executive Secretary ~oints out that the property is apparently not zoned for business nor has a .Use ~ermit been granted on said property. Upon consideration whereof, and on motion of )ir.Britton, seconded by Mr. Goyne, it is resolved that the request for business zoning be and it hereby is denied. 63-50. A request of Dr. Henry a. Bullock, Jr. for the rezoning from Agricultural to General Business of two parcels of land of irregular shape, one fronting 250 feet on the west line of Adkins ~oad and 1~5 feet on the north line of Ronaldton Road and the other fronting 211 feet on Ron~ldton Road and Adkins Road and extending s~uthWardly 250 feet~ being better known as Lots 1 and 2 in Block "B" of Forest Acres, Section A, in Midlothian Magisterial District~is on motion of M~.Driskill, seconded by Mr. Britton, deferred until August 1S, 1963o 63-)6. Mr.Wallace E. Goodman comes before the Board requesting a Use Permit to operate an upholstery shop as an accessory use %o an existing dwelling on a parcel of land of irregular shade, fronting 90 feet on White Oak Drive and extending southwardly approximately 230 feet~ being 265 feet west of Pauls Lane anm better known as 53t9 White Oak Drive, statin~ that he will use his present garage and no enlargement. Mt.Richard 'Ninn comes ~efore tha Board stating his opposition that the neighborhood is covered by deed restrictions asainst business and ask that the request be deni ed. On motion of Mr.Britton, seconded by ~,tr. Goyne, it is resolved that a Use Permit on the aforedescribed parcel of land be and it hereby is denied. 63-57. R~r.Walter Casen comes before the Board requesting the rezoning from Agricultural to Residential-2 on a 7-acre parcel of land of irregular shape, fronting 2~O feet on Warwick Road and extending southward!y 1OO5 feet, being 269 feet east of Barlen Drive~ in Manchester Magisterial District. There appearing no one in opposition to this request, it is on motion of Mr.Britton, seconde~ by Mr. Goyne, resolved that the aforedescribed parcel of land be and it hereby is rezoned for Residential-2 purposes. 63-58. Mt.Henry Myers comes before the Board requesting the rezoning from Agricultural to General Business {C-2), specifically for construction of duplex dwellings on a parcel of land of irregular shape fronting 521 feet on Route 10 and extending southwardly approximately 370 feet, b~ing approximately 1500 feet w~st of Route 655 in Dale ~4agisterial District. There appearing no one in opposition to this request, it is on motion of Mt. Hague, seconded by Mr.Goyne, ~esolved that the aforedescribed parcel of land be and it hereby is rezoned for General Business purposes with a specific limitation for the construction of duplex ~wellings. 63-59. Mr. Sam E.Barker and Mt.Norris E. Jones come: before the Board requesting the rezoning from Agricultural to Residential-2 on a parcel of land of irregular shape, fronting 940 feet on Route 609 ( Old Centralia Road) and extending westwardly approximately 1040 feet, being 590 feet north of Wood Dale Road, in Bermuda Magisterial District. There appearing no one in opposition to this request, it is resolved that the aforedescribed parcel of land be and it hereby is rezoned for Residential-2 purposes, 63-60. Mr.D.W.Murphey, Jr., representing Mr.W.S.Westbrook and others come before the Board requesting a Use Permit to construct and operate a private Golf Course and related recreational facilities on an 83-~cre parcel of land of irregular shape, fronting approximately 2500 feet on Ecoff Avenue {Route 1502) and extending north- wardly 1600 feet, being 1620 feet northwest of the Seaboard Airline Railroad,and cites the fact that the adjacent property owners all favor the requested rezoning. On motion of Mr.~ague, seconded by Mr.Goyne, it is resolved that a Use Permit to construct and operate a private golf and related recreational facilities on the above described parcel of land, be, and it hereby is granted. 63-61. Mr.P.L.Travis and Mr.C.C.Butts come before the Board requesting the rezoning from Agricultural to General Business {C-2) specifically for the construction of duplex dwellings on an "L" shaped parcel of land fronting 93 feet on Ruthers Road {Route 733) and extending westwardly 362 feet and having a frontage of 162 feet on Mmrthaven Drive, being 100 feet north'of Marthaven Drive and 200 feet west of Ruthers Road, and better known as Lots 9, 10 and t2 in Butthaven Subdivision, in Dale Magisterial District. Upon consideration whereof, and on motion of Rlr. Britton, seconded by Mr.Goyne~ it is resolved that this ~atter be deferred to August ]3+, 1963. On motion of ~lr. Britton, seconded by )ir. Driskill, it is resolved that the following Ordinance be and it hereby is adopted: AN ORDINANCE, amending the code of the County of Chesterfield,Virginia, providing for the vacation, rem~al, repair or demolition of any building or structure which is or threatens to be a public nuisance, dangerous to the health, morals, safety, or general welfare of the people in the County of Chesterfield, Virginia, or which miEht tend to constitute a fire manace; and for the assessment of the cost of vacation, removal, repair or demolition thereof as a special assessment against such premises, and to provid~ for the recovery of such costs, in an action at law, by adding a new Article to be known as Article ~, Sections~14-50 through 1~-59, inclusive. BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE 0OUNTY OF CHESTERFIELD, as follows: That Chapter 14 of the Code of the County of Chesterfield, Virginia, b~ amended by adding a new Article to be known as Article 4,Sections l&-50 through 1~-59, inclusive, as follows: Section 1~-50. Dangerous Buildings Defined. 'Ail buildings or structures which have any or all of the following defects shall be deemed "dangerous buildings". (a) Those who interior walls or other vertical s~t. ructurel members list, lean or buckle to such an extent that a plumb lin~ passing through the center of gravity falls outside of the middle third of its base. (b) Those which, exclusive of the foundation, show thirty-three (33) per cent or more, of damage or deterioration of the supporting member or members, or fifty (50) percent of damage or deterioration of the non-supporting enclosing or outside walls or covering. (c) Those which have improperly distributed loads upon the floors or roofs in which the same are overloaded, or which hsve insufficient strength to be reasonably safe for the purpose used. (d) Those which have been damaged by fire, w~nd, or other causes, so as to have become dangerous to life, safety, morals or the general health and welfare of the occupants or the people of the County of Chesterfield. (e) Those which have become or are so dilapidated, decayed, unsafe, un- sanitary, or which so utterly fail to provide the amenities essential to decent living that they are unfit for hmman habitation, or are likely to cause sickness or disease, so as to work injury to the health, morals, safety or general welfare of those living therein. (f) Those having light, air and sanitation facilities which are inadequate to protect the health, morals, safety or general welfare or human beinxs who live or may live therein. (g) Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes or other means of con~nunication. (h) Those which have parts thereof which are so attached that they may fall and injure members of the public or property. {i) Those which because of their condition are unsafe, insanitary or dangerous to the health, morals, safety or general welfare of the people of this County. (j) Those buildings existing in violation of any provisions of the building code of this County or any provision of the fire prevention code or other ordinances of this ~County. Section l&-S1. Standards for Repair, Vacation or Demolition. The following standards shall be followed in substance by the Building Inspector and.the Judge of the County Court in ordering repair, vacation or demolition. (a) If the "dangerous building" can reasonably be repaired so that it will no longer exist in violation of the terms of this Ordinance, it shall be ordered repaired. {b) If the "dangerous building'' is in such condition as to make it dangerous to the health, morals, safety, or general welfare of its occupants or shall b~ ordered to be vacated. (c) In any case where s "dangerous building" is fifty (50) percent demagoged or decayed, or deteriorated from its original value or structure, it shall be demolished, and in all cases where a building cannot be repaired so that it will no longer exist in violation of the terms of this ordinance it shall be demolished. In all cases where a "dangerous building" is a fire hazard existing or erected in violation of the terms of this ordinance or any ordinance of the County of Chester- field or statute of the Sta~e of Virginia, it shall be demolished. Section 1&-52. Dangerous Buildings- Nuisances. All 2 dan~=rous buildings" within the terms of Section 14-50 of this ordinance are hereby declared to be public nuisances, and shall be repaired, vacated or demolished as hereinbefore and hereinafter provided. Section 1L-53. Duties of Building Inspector. The Building Inspector shall: la) Inspect any building, wall or structure about which complaints are filed by any person to the effect that a building, wall or structure is or may be existing in violation of this ordinance. (b) Inspect any building, wall or structure reporte~ ( as hereinafter, provided for) by the Fire or Police Department of this County as probably existing in violation of the terms of this ordinance. (c) Notify ~n writing the owner, occupant, lessee, mortgagee, agent and other persons having an interest in said building as shown by the records of the ~lerk's Office of the Circuit Court of Chesterfield County, Virginia, of any buildin~ found by him ~o be a "dangerous building" within the standards set forth in Section 1L-50 of this ordinance, that {1) the owner must vacate, or repair, or demolish said building in accordance with the terms of the notice and this orUinance: {2) the occupant or lessee must vacate said building or have it repaired in accordance with the notice and remain in possession; (3) ~the mortgages, agent or other person having an interest in said building~ as shown by the records of the aforesaid Clerk's Office may at his own risk repair, vacate, or demolish said building or have such work or act done; provided that any person notified under this subsection to repair, vacate, or demolish any building shall be given such reasonable time, not exceeding thirty (30) days, as may be necessary to do or have done, the work or act required by the notice provided for herein. (d) Set forth in the notice provided for in subsection (c) hereof, a description of the b~:ilding, or structure, deemed unsafe, a statement of the particulars which make the building or structure a "dangerous building" and an order requiring the same to be put in such condition as to comply with the terms of this ordinance within such length of time, not exceeding thirty (30 days, as is. reasonable. (e) Repot to the Commonwealth's Attorney any non-compliance with the notice provided for in subsections (c) and (d) hereof. (f) Appear at all proceedings instituted by the Commonwealth's Attorney and testify as to the conditions of the "dangerous buildings". (g) Place a notice on all "dangerous buildings" reading as follows: "This building has been found to be a dangerous building by the Buildin~ Inspector. This notice is to:remain on this building until it is repaired, vacated~ or demolished in accordance with the notice which has been given the owner, occupant, leasee, mortgagee, or agent of this building, and all other persons having an interest in said building as shown by the records of the Clerk's Office of the Circuit Court of Chesterfield County, Virginia. It is unlawful to remove this notice until such defects are remedied." Section 14-5&. Jurisdiction and Procedure. ~(~) Upon receipt of a report from the Building Inspector as provide~ for in Section 1;.-5~, subsection {e) hereof, the Commonwealth's Attorney shall file a written statement of such report of the ~uilding Inspector with the Clerk of the County Court giving the names and addresses of the owners, occupants, ~ortgagees, lessees and all other persons having an interest in said building as shown by the records of the Clerk's Office of the Circuit Court of Chesterfield County. The Clerk shall cauze a summons to be issued against and served upon each of those persons, ordering each to aopear, before the Judge of the County Court at a time specified therein not exceeding fifteen (1~) days thereafter, to show cause why an order should not be ethereal directing the repairs, alterations, or demolition of such building or structure or the abandonment of the use thereof. (b)~ If the person towhom such notice and order is addressed cannot be found within the County a£Der diligent search, then such notice and a~er shall be sent registered or certified mail to the last known address of such person; and a copy of s~ch notice shall be posted in a conspicious place on the premises to which it relates. Such mailing and posting shall be deemed adequate and legal service. (c) The Judge shall hear evidence in the n~tter at the time specified therefor and shall determine whether or not the deci~sion of the Building Inspector shall be affirmed, reversed, or modified, and he shall have the power to direct the property owner to do or cause to be done whatever may b~ necessary to make the building or structure, safe for use and occupancy, or to demolish the building or structure, and the Judge shall have the power to order that the cost thereof b~ paid by the owner of the property. The Judge may order the inmates and occupants to vacate the premises. {d) If the Judge be of the opinion that there is sn actual and immediate danger of the falling of the building or structure so as to endanger life and property, he may direct the Building Inspect.or to have the necessary work done to render the building or structure temporarily safe, and upon the entering of 'this order, continue the case for a period of thirty days, or until such time as such temporary repairs have been made, and at that time enter judgment for the costs of said repairs against the b~^mers of said premises. (e) Immediately upon the entry of a court order, the Building Inspector shall post in a conspicious place upon the premises, a placard notice to the public of the substance of the order and ordering everyone not to enter or use the premises. After the posting of the notice, no person shall enter the premises, except in connection with the wnrk of rendering the building, structure, or premises safe, until the-Building Inspector shall pos~ written notice on the premises that the building, structure, or premises are no longer dangerous or unsafe. {f) Any person aggrieved by an order entered under authority of this section shall have the right of appeal to the Circuit Court of this County within ten (t0) days after the entry of such order. Section 14-55. Violations - Penalty for Disregarding Notices or Orders. The owner of any "dangero~s building" who shall fail to comply with any notice or order to repair, vacate, or demolish said building given by any person authorized by this ordinance to give such notida or order, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not exceeding two hundred dollars {~200.O0) for each offense and a further sum of ten Dollars {$10.00) for each and every day such failure to comply continues beyond the date fixed for compliance. The occupant or l~ssee in possession who f~ils to comply with any notice 5o vacate and who fails to repair said building in accordance with any notice given as provided for in this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined not exceeding two hundred dollars (~200.00) for each offense and ~ further sum of ten dollars (~10.00) for each and every day such failure Lo comply con%inues beyond the date fixed for compliance. Any person removing the notice provided in this Article shall be guilty of a misdemeanor and upon conviction shall be fined not exceeding two hundred dollars {~200.00} for each offense. Section 1~-56. Duties of the Con~monwealth's Attorney. The Commonwealth's Attorney shall: (a) Prosecute all persons failing to comply with the terms of this Article% {b) Bring suit to collect all costs incurred by the County of Chester- field in repairing or causing to be vacated or demolished "dangerous buildings". (c) Take such other legal action as is necessary to carry out the terms and provisions of this crdinanceo Section lg-~?. Administrative Liability. No officer, agent or employee of the County of Chesterfield shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this ordinance. Any suit brought a~ainst any officer, a~ent, or employee of the County of Chesterfield as a result of any act required or permitted in the discharge of his duties under this ordinance shall be defended by the ~ommonwealth's Attorney mntil the final ~etermination of the proceedings therein. SECTIO~ 1&-58. Duties of Police Department All emplovees of the Police Department shall make a report in writing to the Building Inspector of any buildin~sor structures which are, may be, or are suspected to'be "dangerous buildings" within the terms of this ordinance. Such reports must 'be delivered ~o the Building Inspector within twenty-four {24) hours of the discovery of such buildings by any employee of the Police Department. SECTION 1~-59. Separability. It. is the intention of the Board of Supervisors that each separate provision of this ordinance shall be deemed independent of all other pro vi si _Sns herein, and it is further the intention of the Board of Supervisors that if any provision of' this ordinance be declared invalid, all other provisions t~reof shall remain valid and enforceable. This ordinance shall be in full force and effect after its enactment as prescribed by law. On motion of Mr. Britton, seconded by ~Vlr.Driskill, it is resolved that Mrs. A.G. Shelton be given a Variance from the Subdivision Ordinance for the construction of a home on an acre of land fronting on a private road on the south side of Rt.360, on the property of Mary S. Winfree. It is here noted that the tentative subdivision of this property has been aoproved by the Planning Commission and should the ~second parcel be sold or the second house built that the subdivision of said property will be made a matter of record. On motion o~f Mr.Driskill, seconded by kr. Britton, it is resolved that the road formerly known as Cedar Grove Road and changed to Westgate Drive is now chan§ed to Westgate Drive is now changed back to Cedar Grove Road. Whereas, the Virginia Electric & Power Company owns the 200 fi.right of way running from the Belt Boulevard eastwardly to the Atlantic Coast Line RR; and Whereas, it has been decided by the Planning Commission that this would be the proper place for a road connecting Belt Boulevard with Route #1; and Whereas, this Board has previously tentatively agreed that said right of way.of 200 feet should be acquired, for a divided highway; Now, Therefore, Be it Resolved on motion of Mr. Britton, seconded by Mr. Driskill, that this Board expresses to the Virginia Electric & Power Company its intent to purchas~ two 5-ft. strips ~f land on either side of a 60-ft. strip on which the high tension line will be constructed at a price of ~000.O0. On motion 'of R~r. Driskill, seconded by Mr.Britton, it is resolved by the Board of Supervisors of Chesterfield County, Virgiia, th~ the following appropriations be and the s~me are made for the month of August, 1963; from the funds and for the functions or purposes indicated in the ~mount of ~1,~90,512. OO: General RevenueFund: For the operation of the Department of Welfare to b~ transferred to the Virginia Public Assistance Fund and expended by theWelfare Board ~26,000.00 For the operation of General County Agencies and services to be transferred to the Operating Fund and expended on order of the Board of Supervisors as follows: la. 2C. 3a. 3b. 3c~ 3d. 4a. Sa. 5b. 5c. 5~. 6a. 6b. 6C. 7. 8-e-h. 9. lOa. 10b. 10c. lOd. ]~Os. ll. 13. 14. 15. 18. 19. Board of Supervisors Commissioner of the Revenu~ Assessment of Real Estate Licen se Inspector Office of the Treasurer Delinquent Tax Collections Auto Licensx Tags Purchasing Agent Recording Documents-County Clerk Admin. of Justice-Circuit Court County Court Commonwealth' s Attorney Probation Offi se Polio e Department Office of Sheriff Confinement of Prisoner's Fire Prevention R'iis c ell aneous Welfare Health Department County Engi neet Building Inspector Trash ~eo artment County Planner Civil Defense Support of Agriculture E1 ections Maintenance, Buildings & Grounds Highway, Street Lighting Mi s c el laneous Capital Outlay $ 4,000.00 4;000.00 ~000.00 1,000.00 4,000.00 350.00 0.00 1,500.00 1,500.OO 3,000.00 1OO.OO 1,000.00 2,O0O.O0 28,158.00 1,O00.O0 3~O00.00 6,000-00 3,000.00 O.OO 4,000.O0 5;OO0.OO 3~000.00 2,000.00 500.O0 1,500.00 0.00 5~000.00 1;OOO.OO 10,OOO.OO 5,000.00 For th~ operation of public schools to be transferred to School Funds and expended only on order of the School Board as follows: l?a. Administration $8~O70.OO 17bl. Instruction (Regular) 23.900.00 1762. Instruction (Special) 6,000.00 l?b3. Other instructional costs 7;500.00 17dl. Transportation 11,000.00 17d2. Replacement of Buses 0.00 17d3. Other Auxiliary Agencies 200.00 '17el. Operation of Plant 36,200.00 17e2. Maintenance of Plant 30,000.00 17f. Fixed Charges 1 ~O00,00 19. Capital Outlay 5,000.00 20~ Debt Fund 0.00 19c. Construction Fund 500,000.00 Scholarship Fund 0.00 And be it further resolved, by the Board of Supervisors of Chesterfield County, Virginia, that the following appropriations be and the same are hereby made for the month of August, 1963, from the corresponding funds and for the functions or purposes indicated: Ettrick Operating Fund Ettrick Debt Fund Ettrick Construction Fund County Garage Fund Dog Tax Fund Road Fund $3,000.00 O.00 O.O0 5,000.00 2,000.00 0.00 Water Department: lOc. Operating Fund $27,440.00 19e. County Construction 26,324.00 19fl. Meter Installation Fund 21;000.O0 19d. Bond Const ruction 50;000.00 lOg. Debt Fund 17~583.O0 lOj. Improvements, Repairs & Replacements 50,000.00 Sewer: lOf. Sewer Operating Fund $4;661.O0 19g. Sewer Construction Fund 5;234.O0 IOL. Sewer Debt Fund 8;792.O0 19~. Sewer Bond Construction 500;000.00 19j. Service & Installations 10,000.O0 Total Appropriations: $1,490,512.00 On motion of Mr. Britton, seconded by Rir. Goyne, it is resolved that this Board receives and accepts the report of the Steering Committee established to investigate the proposed organization of a Citizens' Advisory Committee. Mt.Bolling Traylor from the Riverpark Subdivision comes before the Board citin~ the fact that he has raised approximately $t500.00 for the area~s cost of improving the drainage condition in R~verview Park. Upon consideration whereof, and on motion of Mr. Driskill, seconded by Mr. Britton, it is resolved that the matter be deferred for sidty {60)days. There was read a letter from the Federal Housing Administration citing the fact that the restrictions had been decreased ~o the extent that said Administration would now guarantee loans for homes in Chesterfield County if the homes were in an area that would receive sewerage within twelve (12) months' time. On motion of 5'Ir. Britton, seconded by Mr. Goyne, it is resolved that the game claim of ~rs. Edith Pierce in the amount of $70.20 be and it hereby is aoproved. On motion of 5']r. Britton, seconded by Mr. Hague, it is resolved that the Jail report be and it hereby is ordered received and filed with the Board's papers. On motion of ~. Driskill, seconded by ~.Britton, it is resolved that a Variance from the Subdivision Ordinance be granted to Mr.George Crocker and Nancy'C. Crocker for the cons%ruction of a dwelling on the rear end of Lots 1, 2, and 3, Block #L" of the Augustus Wright Estate. It is here noted that the change in lot lines of these three lots have been approved by the Planning Commission. ~hereas, this Board by resolution of July 26, 1962, resolved that any police officer not now a member of the Police Benevolent Association could pay up his back dues and become a fully accredited member of the new Policemen's Pension and Retirement Board; an5 ~ghereas, the Chesterfield Policement's Pension and Retirement Board has notified all officers of this provision giving a statement of the back dues owed in order to become a fully accredited member of the retirement system; and ~'~q~ereas, the aforesaid Retirement Board has requested the Board of Supervisors to sst a time limit when the amount due could be paid; Now, Therefore, Be it Resolved: That the Board of Supervisors doth determine that every member eligible to pay back dues to become a fully accredited member of the new police retirement system may do so if such amount is paid by December 31, 196~. On motion of M~r. Driskill, seconded by Mr.Britton, it is resolved that the following erroneous tax claims be authorized for payment: Archie L.Drudge 5901 Hull Street Road Richmond, Virginia Truck License plate ............. $3.50 James $ Johnson, Sr. 3025 Lamb Avenue Richmond, Virginia County auto license plate .... $6.50 Wheeling Corrugating Co. W.T. Henderson 1600 Jefferson-Davis Highway Richmond, Virginia ................ $6.50 County auto license plate There was read a report from the Richmond Regional Planning Commission recommendin~ that an Industrial Development Promotional Agency be incorporated into the frame work of the Regional Planning Commission to be financed by the member jurisdiction on a per capita basis. On motion of Mr.D~iskill, seconded by Mr. Goyne, it is resolved that this Board agrees tentatively-to support the establishment of an industrial agency, provided the City of Richmond and the County of Henrico concur in such a move, On motion of Mr.Hague, seconded by Mr. Goyne, it is resolved that the Chairman and Clerk of this Board be and they hereby are authorized to sign a deed for .61 ac~es of land at the Courthouse,selling said property to the Trustees of the Trinity Methodist Church. On motion of Mr. Driskill, seconded by Mr. Hague, it is resolved that Mr. Goyne, the Supervisor from Mmtoaca District go be appointed, and the ExecutiweSecretary be and they hereby are a~pointed as the County's Directors to the AppOmattox Basin Industrial Development Corporation. On motion of Mr.Britton, seconded by Mr. Goyne, it is resolveaBaat the County of Chesterfield pay to the U.S. Department of the Interior $~50.O0 for the operation of a gauging station for the year ending June 30, 1964o On motion of ~'~r. Goyne, seconded by Mr. Hague, it is resolved that this Board accepts a Deed for a widening strip on Germont Avenue. On motion of Mr.Goyne, seconded by Mr. Driskil], it is resolved that the Executive Secretary seek an acceptable date to have Chesterfield County Day at Parker Field at a Virginia Base~a!l Game. On motion of Mr. Driskill, seconded by Mr. Britton, it is resolved .that the minutes of June 12, anO 27,1963, be, and they hereby are approved. Re: Vacation of 40-foot strip adjoining Lots No.s7 through 17, both inclusive, Block 12, ~npthil! Heights. On motion of Mr.Britton~, seconded by )ir. Driskill, Be it Resolved: That tha Board of Supervisor~ ~oth approve the petition of ~illiam A. Long and Betty A, Long, husband and wife, Old Dominion Real Estate Company, Diversified Realty Investments, Incorporated, and Parker C.Bowery, Jr., and Bernice D. Bowery, his wife, for the vacation of a 40-ft. strip adjacent to Lots No~? through 17, both inclusive, Block 12, Plan of Ampthill Heights, as shown on plat recorded in Plat Book ?, pages 68 and 6q, and further authorizes and directs the Chairman and Clerk of this Board to execute deeds conveying to the respective owners property adjoining such lots as ~ned by them. ' On motion of Mr. Driskill, seconded by Mr. Britton, it is resolved that this Board requests a transcript of the trial of Edwin O.Gregory Vs. the ~tectrical Examining Board. On motion of ~Ir. Driskill, seconded by ~r.Britton, it is resolved that this Board requests Mr. R.C.Seay to pay for a 6" water main and the County will stand the difference between a 6" and 8" water main on a l&2~ extension on Cherokee Road. 346 There vas read a request from Mt. William M.B§nton concerning certain wat er meters for apartment houses on U.S.Route #1. Upon consideration whereof, and on motion of ~r. Britton, seconded oM Mr. Goyne~ it is resolved that the County Engineer be directed torequest Mr. Benton to follow the policies as set out by the Board of Supervisors ~oncerning water connection charges. On motion of Mr. Britton, seconded by Mr. Goyne, it is resolved that Contract 6102-3 in the amount of $180,935.20 and Contract No. 6102-3A in the amount of $323,511.80 be given to the Connell Construction Company in Warrenton, N.C., for the installation of sewer mains in the County. It is understood that the sum of 45,000 will be deducted from these contracts sin3e they were awarded to the same Company. On motion of ~r.Ha. gue, seconded by Mr. Goyne, it is resolved that Contract 610?-5 in the amoun% of $182,~39.50 be awarded to the Central Builders' Inc., from North Carolina, for the installation of sewers in the County. On motion of Rlr.Horner, seconded by Mr. Driskill, it is resolved that rights of wa'F for the extension of Rt.?29 be and they hereby are accepted. On motion of ~r.Driskill, seconded by Mr.Britton, it is resolved that Section of the County Code be amended so that the Electrical contractors shall pay fees for electrical permits based 'on the contract price, rather than the actual price. On motion of Mr. Driskill, seconded hy Mr. Goyne, the meeting is adjourned to July 2~, 1963, at 2:00 p.m. ' ~~x~ecutive Secretary