CHAPTER 25.
Public Welfare.
Article I. In General.
§ 25-1. Director of public welfare designated; powers and duties generally.
§ 25-2. Superintendent of public welfare — Appointment; compensation.
§ 25-3. Same — Powers and duties generally.
§ 25-4. Same — Remanding cases to district home.
§ 25-5. Same — Accounting for city funds; incurring indebtedness beyond
appropriation.
§ 25-6. Same — Reports.
§ 25-7. Public welfare employees.
§ 25-8. Representative on district home board.
§ 25-9. Providing assistance to families unable to support themselves.
§ 25-10. Removal of poor to last place of settlement.
§ 25-11. Aid to destitute nonresidents.
§ 25-12. Burial of paupers.
§ 25-13. Audit and inventory in public welfare department.
§ 25-14. Welfare advisory board.
Article II. Rental Relief for the Elderly.
§ 25-15. Definitions.
§ 25-16. Purpose of article; effective date.
§ 25-17. Qualifications for grant.
§ 25-18. Application for grant; investigation of affidavit.
§ 25-19. Calculation of amount of grant.
§ 25-20. Penalty for violation of article.
§ 25-21. Severability.
Article I. In General.
Sec. 25-1. Director of public welfare designated; powers and
duties generally.[365]
The department of public welfare shall be under the control and
supervision of the city manager, who is hereby designated as
director of public welfare. Such director shall exercise all powers
and perform all duties conferred upon and required of local
welfare boards by state law, ordinance or otherwise. (Code 1959, §
25-1.)
Sec. 25-2. Superintendent of public welfare[366]
— Appointment;
compensation.
The director of public welfare, subject to the approval of the
city council, shall appoint a superintendent of public welfare who
shall hold office at the pleasure of the director of public welfare
and shall receive such compensation as may be fixed by the city
council. (Code 1959, § 25-2.)
Sec. 25-3. Same — Powers and duties generally.
The superintendent of public welfare, subject to the approval of
the director of public welfare, shall have control and direction of
the public charities of the city, and shall see that those persons
now receiving or making application to
welfare, when, in the opinion of the superintendent, the estate
of the deceased is not sufficient to pay the expenses of
burial. Such burial shall in all cases be in the pauper section
of the cemetery. The expense incurred in the burial shall be
charged against the appropriation for public welfare. (Code
1959, § 25-12.)
Sec. 25-13. Audit and inventory in public welfare department.
The director of finance shall, annually, or as often as he
may deem necessary, audit the accounts and inventory the
property in the custody of the superintendent of public welfare
and shall require the person receiving and expending the
funds for public welfare to keep account of all receipts and
purchases in such manner as the director of finance may prescribe.
A report of such annual audit and inventory shall be
made to the city council not later than the thirtieth day of
September in each year. (Code 1959, § 25-13.)
Sec. 25-14. Welfare advisory board.
There is hereby created a welfare advisory board for the
city, which shall consist of five members, one of whom shall
be a member of the city council. The members of the board
shall be appointed by the mayor for terms of one year, expiring
on July 1 of each year, and shall serve without compensation.
The board shall act in an advisory capacity only and
shall advise the director of public welfare and the superintendent
of public welfare with respect to the merits of any
cases which may be referred to it by the director or superintendent
and may also on its own motion make recommendations
to the director of public welfare and the superintendent
of public welfare with respect to individual cases or general
policies. (Code 1959, § 25-14.)
Article II. Rental Relief for the Elderly.
Sec. 25-15. Definitions.
For the purposes of this article the following words and
phrases shall have the meanings respectively ascribed to
them by this section, unless another meaning shall clearly
appear from the context:
Affidavit. The rental relief grant affidavit.
Dwelling. The full-time residence of the person or persons
applying for a grant.
Grant. The financial assistance payment allowable to a
qualifying elderly person pursuant to the requirements of
this article.
Grant year. The calendar year for which a grant is sought.
Rent. The monetary consideration paid for the right to
occupy the dwelling unit.
Tenant. One residing in a dwelling by virtue of a leasehold
interest, for which rent is paid. (3-19-73.)
Sec. 25-16. Purpose of article; effective date.
It is hereby declared to be the purpose of this article to
provide for the payment of grants to qualified tenants residing
the city who are not less than sixty-five years of age and
who are otherwise eligible according to the provisions of this
article. The city council finds and declares that persons qualifying
for such grants are deemed to bear an extraordinary
burden in rent costs, and thereby indirectly an extraordinary
real estate tax burden, in relation to their income and financial
worth. Such persons are deemed thus to qualify for
general relief as provided in section 63.1-106 of the Code of
Virginia, which general relief shall be in the form of the
grants provided pursuant to this article. This article shall be
effective, as of the date of adoption of this article,[367]
to provide
for such grants for the grant year 1972 and subsequent
grant years. The amount of the grant to be paid in 1973 shall
be determined on the basis of rents paid and income earned
during the grant year 1972. (3-19-73.)
Sec. 25-17. Qualifications for grant.
Grants pursuant to this article shall be made to persons
complying with the following provisions:
(a) The applicant has paid rent for his dwelling within the city
during the grant year and was a resident of the city on December
31 of the grant year.
(b) The applicant, or his or her spouse if they reside together, is
sixty-five years of age or older as of December 31 of the grant
year.
(c) The dwelling for which the rental relief grant is sought was
occupied as of December 31 of the grant year as the sole dwelling
place of the applicant.
(d) The gross combined income during the grant year from all
sources of such applicant and of all relatives of the applicant
living in such dwelling does not exceed the sum of seven thousand
five hundred dollars; provided, that the first two thousand
five hundred dollars of income of each relative other than spouse
of such applicant who is living in such dwelling shall be excluded
from such total. If the applicant has been a resident of the city for
less than the full grant year, the gross combined income for such
year and the maximum allowable income shall be prorated for the
period of actual residency.
(e) The net combined financial worth of such applicant and
relatives of such applicant living in such dwelling as of December
31 of the grant year does not exceed twenty thousand dollars. Net
combined financial worth shall include all assets, including
equitable interests. (3-19-73; 8-20-73, § 1.)
This article shall be in effect for the grant year 1974
and subsequent grant years.
Sec. 25-18. Application for grant; investigation of affidavit.
(a) Annually, and not later than May 1 of the year following
the grant year, the person claiming a grant shall file with the
commissioner of the revenue of the city, a rental relief grant
affidavit.
(b) The affidavit shall set forth the names of the related
persons occupying the dwelling for which rental relief is claimed,
and the total combined net worth and gross combined income as
defined in this article, together with the amount of rent paid for
such dwelling during the grant year. The form of such affidavit
shall be determined by the commissioner of the revenue and
approved by the city manager and shall contain such other
information as may be necessary adequately to determine
compliance with section 25-17. In addition the commissioner may
make such further inquiry of applicants, requiring answers under
oath and the production of certified tax returns, as may be
reasonably necessary to determine eligibility for a grant.
(c) The commissioner, after audit and investigation of such
affidavits, shall certify a list of the persons qualifying for grants
and the amounts thereof to the director of finance and the city
treasurer who shall pay forthwith to each applicant the amount of
the grant for which he is eligible as determined pursuant to
section 25-19. (3-19-73.)
Sec. 25-19. Calculation of amount of grant.
For qualifying applicants, the amount of the grant shall be
twenty-five percent of the amount determined by subtracting
twenty-four percent of gross combined income as defined by
section 25-17 (d), from the actual amount of rent paid, or eighteen
hundred dollars, whichever is less. If the applicant was a resident
of the city for less than the full grant year, the actual rent paid or
maximum rent allowable shall be prorated for the period of actual
residency. (3-19-73.)
Sec. 25-20. Penalty for violation of article.
Any person or persons falsely claiming a grant under this
article shall be guilty of a misdemeanor, and upon conviction
thereof, shall be fined not less than fifty nor more than five
hundred dollars for each offense. (3-19-73.)
Sec. 25-21. Severability.
The provisions of this article are hereby declared to be
severable. If any section, subsection, clause or phrase thereof
shall be held to be unconstitutional or void, such holding shall
not be deemed to affect the validity of the remaining portions
of the article. (3-19-73.)
