CODE OF VIRGINIA

CREATION, ENLARGEMENT, CONTRACTION, ETC., OF SANITARY DISTRICTS (§ 15.2-858)

A. Notwithstanding any other provision of law, no court shall entertain any
petition filed for the creation, enlargement, contraction, merger, consolidation
or dissolution of a district authorized to be created in accordance with the
provisions of Chapters 2 (§ 21-112.22 et seq.), 6 (§ 21-292 et seq.), 7 (§
21-427 et seq.), or 8 (§ 21-428 et seq.) of Title 21, Chapter 161, Acts of the
Assembly of 1926, as amended, or any other law providing for the creation of
those subdivisions referred to generally as sanitary or small districts
hereinafter referred to as “sanitary districts.” No petition for the
creation, enlargement, contraction, merger, consolidation or dissolution of a
sanitary district filed by any person or group of persons shall be of any effect
and any court in which the petition is filed shall forthwith strike the petition
from its dockets and no further proceedings thereon shall be had.

B. Notwithstanding any other provision of law, each district created under the
provisions of § 15.2-855 shall be a sanitary district with all the rights and
powers conferred on sanitary districts by general law. However, no incorporated
town shall be included within any sanitary district without the consent of the
council of such town.Every sanitary district and every small and local sanitary
district existing in the county shall be dissolved on the date that the form of
government herein becomes effective and each shall at that time be recreated as
a small district or small districts within the respective sanitary districts.
The county shall assume the liabilities of the sanitary district and shall own
all its properties and the existing assets less the liabilities assumed of such
sanitary district shall be used by the board as a factor in establishing service
charges within the small district or small districts. The services provided by
the former sanitary districts shall be continued by the county in the new small
districts.Every small and local sanitary district existing in the county on the
date that the form of government herein becomes effective shall at that time be
continued as small and local sanitary districts, and such small and local
districts, and all small and local districts hereafter created pursuant to this
article shall be deemed sanitary districts for the purpose of borrowing of funds
and issuance of bonds for projects within such small districts as provided for
by law for sanitary districts.Nothing in this section shall affect any sanitary
district existing at the time of adoption of this form of government in which
bonds of the district have been issued and for as long as such bonds are
outstanding.

C. Notwithstanding any other provision of law, the board shall have the power
and authority with regard to the creation, enlargement, contraction, merger,
consolidation or dissolution of small districts and local districts within such
county that is granted to the circuit court for the county in connection
therewith by Title 21 and by Chapter 161 of the Acts of the Assembly of 1926 as
amended.

D. The board may create, enlarge, contract, merge, consolidate and dissolve
small and local districts, by resolution, after giving notice of its intention
to do so by publishing notice in a newspaper having general circulation in the
county in the manner specified by § 15.2-1427 for the adoption of county
ordinances and after conducting a public hearing on the proposed resolution. Any
such district may be described in the resolution either by a metes and bounds
description or by a description that uses commonly known landmarks or geographic
maps.

HISTORY: Code 1950, § 15-384.78; 1960, c. 382; 1962, c. 623, § 15.1-791; 1966,
c. 464; 1968, c. 797; 1970, c. 218; 1977, c. 231; 1997, c. 587; 2004, c. 561.