[HISTORY: Adopted by the Board of Supervisors of Mathews County as indicated in article histories. Amendments noted where applicable.]
Article I Adoption of Code
In accordance with § 15.2-1433 of the Code of Virginia, the ordinances and certain resolutions of Mathews County of a general and permanent nature adopted by the Board of Supervisors of Mathews County, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 166, are hereby approved, adopted, ordained and enacted as the "Code of Mathews County," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede all other general and permanent ordinances enacted prior to the enactment of this Code, except such ordinances as are hereinafter expressly saved from repeal or continued in force.
The provisions of the Code, insofar as they are substantively the same as those of ordinances and resolutions in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such ordinances and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinance or resolution. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Board of Supervisors of Mathews County, and it is the intention of said Board that each such provision contained within the Code is hereby reaffirmed as it appears in said Code. Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-12 below.
This ordinance shall take effect immediately upon passage and publication according to law.
A copy of the Code in loose-leaf form has been filed in the office of the County Administrator and shall remain there for use and examination by the public until final action is taken on this ordinance; and, if this ordinance shall be adopted, such copy shall be certified to by the County Administrator by impressing thereon the Seal of the county, as provided by law, and such certified copy shall remain on file in the office of the County Administrator, to be made available to persons desiring to examine the same during all times while said Code is in effect. The enactment and publication of this ordinance, coupled with the availability of a copy of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.
Any and all additions, deletions, amendments or supplements to any of the ordinances and resolutions known collectively as the "Mathews County Code" or any new ordinances or resolutions, when enacted or adopted in such form as to indicate the intention of the Board of Supervisors to be part thereof, shall be deemed to be incorporated into such Code so that reference to the Code shall be understood and intended to include such additions, deletions, amendments or supplements. Whenever such additions, deletions, amendments or supplements to the Code shall be enacted or adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing said Code as amendments and supplements thereto. Nothing contained in this ordinance shall affect the status of any ordinance or resolution contained herein, and such ordinances or resolutions may be amended, deleted or changed from time to time as the Board of Supervisors deems desirable.
It shall be the duty of the County Administrator or someone authorized and directed by the Administrator to keep up-to-date the certified copy of the book containing the Code required to be filed in his or her office for the use of the public. All changes in said Code and all ordinances adopted subsequent to the effective date of this codification which shall be adopted specifically as part of the Code shall, when finally adopted, be included therein by reference until such changes or new ordinances are printed as supplements to said Code book, at which time such supplements shall be inserted therein.
Copies of the Code, or any chapter or portion of it, may be purchased from the County Administrator, or an authorized agent of the Administrator, upon the payment of a fee to be set by resolution of the Board of Supervisors. The Administrator may also arrange for procedures for the periodic supplementation of the Code.
Any person who, without authorization from the County Administrator, changes or amends, by additions or deletions, any part or portion of the Mathews County Code or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of Mathews County to be misrepresented thereby or who violates any other provision of this ordinance shall be punished as for a Class 1 misdemeanor.
If any clause, sentence, paragraph, section, article, chapter or part of this ordinance or of any ordinance or resolution included in this Code now or through supplementation shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, article, chapter or part thereof directly involved in the controversy in which such judgment shall have been rendered.
Nothing in this Code or the ordinance adopting this Code shall affect any offense or act committed or done; any penalty or forfeiture incurred; any contract or right established or accruing; any prosecution, suit or proceeding pending; or any judgment rendered on or before the effective date of this Code.
All ordinances of a general and permanent nature of the Mathews County in force on the date of the adoption of this ordinance and not contained in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this ordinance.
When an ordinance or resolution which has repealed another shall itself be repealed, the previous ordinance or resolution shall not be revived without express words to that effect.
The adoption of this Code and the repeal of ordinances provided for in § 1-12 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
Any ordinance adopted subsequent to May 22, 2001.
Any right or liability established, accrued or incurred under any legislative provision prior to the effective date of this ordinance or any action or proceeding brought for the enforcement of such right or liability.
Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provision or any penalty, punishment or forfeiture which may result therefrom.
Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered, prior to the effective date of this ordinance, brought pursuant to any legislative provision.
Any franchise, license, right, easement or privilege heretofore granted or conferred.
Any ordinance providing for the laying out, opening, altering, widening, relocating, straightening, establishing of grade, changing of name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place or any portion thereof.
Any ordinance or resolution appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond or other instruments or evidence of the county's indebtedness.
Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract, agreement or obligation.
The levy or imposition of taxes, assessments or charges or the approval of the municipal budget.
The dedication of property or approval of preliminary or final subdivision plats.
All currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation of officers and employees.
The Zoning Ordinance and all amendments thereto, including any ordinance adopting or amending the Zoning Map.
The Subdivision Ordinance and all amendments thereto.
Any purchasing policies and amendments thereto.
Any ordinance relating to or establishing a pension plan or pension fund for municipal employees.
In compiling and preparing the ordinances and certain resolutions for adoption and revision as part of the Code pursuant to § 15.2-1433 of the Code of Virginia, certain grammatical changes and other minor changes were made in one or more of said ordinances. It is the intention of the Board of Supervisors that all such changes be adopted as part of the Code as if the ordinances and resolutions so changed had been previously formally amended to read as such.
In addition, the following changes, amendments or revisions are made herewith, to become effective upon the effective date of this ordinance, as set forth in Schedule A attached hereto and made a part hereof (chapter and section number references are to the ordinances as they have been renumbered and appear in the Code).
Editor's Note: In accordance with § 1-14B, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 9-25-2001." Schedule A, which contains a complete description of all changes, is on file in the county offices.
The following changes shall be made throughout the Code: