272
<br />such license, shall be subject to a penalty of five per centum
<br />of the amount of the license tax then due, and such penalty
<br />shall be assessed and paid along with the license tax and
<br />shall become a part of the license tax, and such person, firm
<br />or corporation shall be guilty of a misdemeanor and shall be
<br />fined not less than $2.50 nor more than $100.00 for each day
<br />he is in default.
<br />(f) When any person, firm or corporation, shall, by use
<br />of signs, circulars, cards or use of city newspapers, adver-
<br />tise any business, it shall be considered prima facie evidence
<br />of fheir liability under the ordinance of this city, and they
<br />shall be required to take out a license for such business.
<br />(g) For the purpose of ascertaining the tax to be paid
<br />by a merchant or restaurant owner beginning business, the
<br />license tax shall be based on the estimated amount of sales,
<br />for a retail merchant, and purchases, for a wholesale mer-
<br />chant, that will be so made during the balance of the license
<br />year. Every underestimate under this paragraph shall be
<br />subject to correction by the Commissioner of Revenue whose
<br />duty it shall be to assess retail and wholesale merchants
<br />with such additional taxes as may be found to be due after
<br />the close of the license year on the basis of the true sales
<br />or purchases.
<br />(h) It shall be the duty of the Mayor to appoint one
<br />member of the police force of the City to act as license in-
<br />spector whose duty it shall be to familiarize himself with the
<br />various classifications of businesses and professions for
<br />which a city license is required and to ascertain whether
<br />any and all such businesses and professions conducted with-
<br />in the city are duly licensed, and if not to institute procedure
<br />as hereinafter set forth.
<br />And it shall be the duty of the Commissioner of the Reve-
<br />nue to report in writing to the Mayor and license inspector
<br />every case of default as soon as it comes to his knowledge.
<br />The License Inspector shall cause such delinquent, whether
<br />reported by the Commissioner of Revenue or otherwise
<br />brought to his attention, to be summoned before the Civil
<br />and Police Justice to show cause why they should not be
<br />fined under the provisions of this ordinance. However, the
<br />special detail of a policeman as license inspector shall not
<br />relieve the general force from the duty of enforcing this or
<br />any other ordinance, or from the cooperation with the license
<br />inspector in the enforcement hereof.
<br />(i) It shall be the duty of the Commissioner of the Rev-
<br />enue to keep a book, in which he shall classify all the
<br />branches of business and occupation upon which a license is
<br />imposed by this ordinance, and show the amount of assess-
<br />ment made upon each license, the name of the person assess-
<br />ed, and the period for which such license was issued.
<br />(j) Whenever a specific license is herein imposed such
<br />license shall be in addition to the merchant's license unless
<br />otherwise provided.
<br />(k) Every license granted shall not be proprated for the
<br />unexpired portion of the license year unless otherwise pro-
<br />vided.
<br />(1) No City license shall be transferred from any per-
<br />son, firm or corporation, to another person, firm or corpo-
<br />ration, except for the continuation of the same business at
<br />the same location for which the license was originally issued.
<br />The fee for such transfer shall be fifty cents.
<br />(m) The Commissioner of the Revenue shall assess for
<br />each license issued by him a fee of fifty cents, to be paid by
<br />the party to whom said license is issued, which said fees
<br />shall be paid to the City Treasurer.
<br />(n) The taxes on licenses accruing under the provisions
<br />of this ordinance shall be due and payable, except where
<br />otherwise herein provided, on or before the first day of May,
<br />1941, and shall be paid by the person against whom as-
<br />sessed to the Treasurer of the city in his office on or before
<br />the first day of May.
<br />(o) Should any part of this ordinance be held uncon-
<br />stitutional or invalid, it shall nevertheless remain in full
<br />force and effect as to the remaining portions thereof..
<br />(p) All ordinances or parts of ordinances, relating to
<br />licenses in conflict herewith are hereby repealed.
<br />Enacted March 3, 1941.
<br />A copy: Teste,
<br />JAS. E. BOWEN, JR.,
<br />Clerk of the Council.
<br />Adopted by the Council March 3, 1941
<br />Ayes: Mr. Gleason, Dr. Haden, 11r. Huff,
<br />Mr. Nash, and Mr. Peyton.
<br />Noes: None. /)
<br />esident
<br />AN ORDINANCE AMENDING AND REENACTING SECTION 495(10) OF THE
<br />CITY CODE OF 1932 ENTITLED "SET BACK BUILDING LINES".
<br />BE IT ORDAINED by the Council of the City of Charlottesville that Section 495(10)
<br />of the City Code of 1932 entitled "Set back Building Lines", be amended and reenacted so as
<br />to read as follows:
<br />1
<br />1
<br />SEC. 495 (10) SET BACK BUILDING LINES.
<br />(1) In any A or A-1 Residence District no building shall be erected, reconstructed
<br />or altered nearer to the street line on which it faces than the average setback observed '
<br />by the buildings on the same side of the street and fronting thereon, within the same
<br />block provided that apartment hotels shall not be erected within 50 feet of any street
<br />or property line.
<br />(2) The side line of a building on a corner lot shall not be a factor in establishing
<br />the setback line.
<br />(3) Provided that no building shall be required to set back from the street a distance
<br />greater than the setback line observed by that one of two existing buildings on the immediate '
<br />adjoining lots on either side, which is the further removed from the street line.
<br />(4) Where there are buildings on only one side of a street within the block, the
<br />setback line for the unoccupied side shall be the same as that established on the occupied
<br />side as hereinbefore provided.
<br />(5) Where there is no building on either side of the street within a block, the
<br />setback line shall not be less than 30 feet in an A Residence District, nor less than 20 feet
<br />in an A-1 Residence District.
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