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(1) It shall be the duty of the Chief of Police to preserve order and quiet in the City, to see that all subordinate police officers faithfully perform their official duties, and to perform such other duties as may be required of them by the Council. He shall be present in the Police Court whenever the same shall be in session, and see that all its orders and requirements are properly executed; he shall, before entering upon the discharge of his duties, execute a bond conditioned for the faithful performance by him, of the duties of his office, and for the accounting for and paying over, as required by law, all money which may come into his hands by virtue of his office, with sureties satisfactory to the Council, in a penalty as the Council may prescribe.
(2) In case a violation of any ordinance of the said City is committed in the presence, or within view of the Chief of Police or other police officer, the offender may be forthwith apprehended and thereafter taken before the Police Judge, and a written complaint under oath, stating such violation there lodged and filed; thereupon such offender may be tried upon warrant issued on such complaint and dealt with according to law. The Chief of Police and other Police officers shall execute within the County of Kanawha, when directed, any proper process issued by the Police Judge in proceedings for the enforcement of ordinances; and shall collect by levy of execution or otherwise, and duly account for, all fines assessed and costs imposed in such proceedings They shall also have all the rights and powers within the said City in regard to the arrest of persons, the collection of claims and execution and return of process, that are or may be lawfully exercised by a constable, and shall be entitled to the same compensation therefor. They and their sureties shall be liable to all fines, penalties and forfeitures, for which a constable is liable, for any dereliction of duty in office, to be recovered in the same manner and in the same courts, that such fines, penalties and forfeitures are recovered against constables. They shall forthwith pay over to the Clerk all fines or sums collected.
(1) The Chief of the Fire Department, other officers and future members of the Fire Department shall be chosen by the members of the Fire Department as they have been chosen prior to the date of the adoption of this Charter, subject to the approval of the Council. It shall be their duty to answer all alarms and to provide fire protection to the City and its residents, and they shall be compensated in such amounts as may be determined by the Council.
(2) In the event that the duties of the Chief of the Fire Department increase, the Council may provide by ordinance for his appointment by the Mayor, subject to the approval of the Council, in a manner similar to other appointed officers of the City. In the further event that it becomes necessary to employ a fireman or firemen, who will devote more than fifty percent of their working hours to such duty, the said fireman or firemen may be appointed by the Chief of the Fire Department as an employee or employees of his department of the City government.
(3) The Chief of the Fire Department and all members thereof may be removed from office for cause, in the same manner as appointed officers or employees of the City, as hereinbefore provided in this Charter.
(1) The Health Commissioner shall be a licensed physician. He shall have general supervision over the public health of the City and shall see that all orders and ordinances of the Council and laws and lawful regulations of the State are enforced.
(2) The Mayor, Clerk, Police Chief and Health Commissioner shall comprise the Board of Health of the City. The said Board shall have power to abate all nuisances within the City, and it shall do and perform all such other duties and exercise such other powers as may be required of or conferred upon it by ordinances or resolutions of the Council.
The Engineer shall be a competent person, trained and experienced in civil engineering. He shall prepare or approve the plans and specifications for all public improvements, inspect the work as it is done and do all other engineering work for the City as may be required of him by the Council.
The Council may, by ordinance, adopted by the affirmative vote of two-thirds of all of the members, establish a Board of Library Directors for the City, the members of which shall be chosen, and the powers and duties of which shall be as set out in the Code of West Virginia, 1931, Chapter 10, Article 1. At the time of establishing the Board, the Council shall determine whether it desires to create the Board under the provisions of the said statute, as set out at the date of the adoption of this Charter, or whether it desires to accept any or all of the amendments to the Code or other statutes, hereinafter made, concerning such Board. Subsequent amendments to the said statutes concerning such Board shall not affect any board established hereunder until and unless such amendments are adopted and accepted by the Council. The Council shall, by a vote similar to that creating the Board, have the power to abolish the Board. In such event, the terms of its members shall be terminated, the property belonging to the Board shall become the property of the City, and the powers and duties thereof shall pass to such person or board as the Council may designate.
The Council may, by ordinance, adopted by the affirmative vote of two-thirds of all of its members, establish a Board of Park Commissioners for the City, whose powers and duties shall be as set out in the Code of West Virginia 1931, as revised by Chapter 91, Acts of the West Virginia Legislature, 1939, known as Chapter 8, Article 14 of the said Code, except as hereinafter provided. At the time of establishing the Board, the Council shall determine whether it desires to create the Board under the provisions of Chapter 91, above referred to, as set out at the date of the adoption of this Charter, or whether it desires to accept any or all of the amendments to the Code or other statutes, hereafter made, by the legislature of the State of West Virginia, concerning such Board. Subsequent amendments to the said statutes concerning such Board shall not affect any board established hereunder until and unless such amendments are adopted and accepted by the Council. The Board shall consist of three members, who shall be nominated and elected at large, on a nonpartisan ballot without party designation, which ballot shall be placed at the bottom of each primary and general election ballot, or on a separate ballot as the Council may designate. All candidates for the Board shall file with the Clerk as herein provided for officers of the City, within the prescribed time.
The Council shall, in the ordinance establishing the Board, provide in detail for the election of the members thereof within the limits herein prescribed. The Council shall, by a vote similar to that creating the Board, have the power to abolish the said Board; in such event the terms of its members shall be terminated, the property belonging to the Board shall become the property of the City, and the powers and duties thereof shall pass to such person or board as the Council may designate.
The Council may, by ordinance, adopted by the affirmative vote of two-thirds of all of its members, establish a Board of Sewer Commissioners for the City, with general independent powers to acquire, establish, improve, operate, maintain and repair a municipal sewer system or system or systems, or to assess the users thereof with the cost thereof. The specific powers, duties and compensation of such Board shall be set forth in the ordinance establishing it, and such powers, duties and compensation may be amended and supplemented by subsequent ordinances, adopted by the affirmative vote of two-thirds of all of the members of the Council. The Board shall consist of five members, two of whom shall be the Manager and the Engineer ex officio. The other three members shall be appointed by the Mayor, subject to the approval of the Council, for terms of six years each; provided, that the first three members shall serve for terms of two, four and six years, respectively, thereafter, a member of the board shall be appointed each two years for a full six year term. The Council shall, by a vote similar to that creating the Board, have the power to abolish the Board; in such event the terms of its members shall be terminated, the property belonging to the said Board shall become the property of the City, and the powers and duties thereof shall pass to such person or board as the Council may designate.
The City shall not be bound by any map or plat of any addition, subdivision, resubdivision or other lands within the City limits, or within one mile thereof, that shall be recorded in the office of the Clerk of the County Court of Kanawha County until such map or plat has been approved by the Council and such approval is attested on the face thereof, by the Mayor and the Clerk.
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