Sec. 18-19.2. Removal and disposition of certain unattended
or abandoned vehicles; sale; disposition of
proceeds; contracts for removal of vehicles.[178]
(a) Definitions. For the purposes of this section, the following
words and phrases shall have the meanings respectively
ascribed to them by this subsection:
(1) Abandoned Motor Vehicle. A motor vehicle,
trailer or semitrailer or part thereof that:
a. is inoperable and is left unattended on public property
for more than seventy-two hours, or
b. has remained illegally on public property for a
period of more than seventy-two hours, or
c. has remained on private property without the consent
of the owner or person in control of the property for
more than forty-eight hours.
(2) Demolisher. Any person, firm or corporation whose
business is to convert a motor vehicle, trailer or semitrailer
into processed scrap or scrap metal or otherwise to wreck; or
dismantle such vehicles.
(b) City manager authorized to take abandaned vehicles
into custody. The city manager may take into custody any
abandoned motor vehicle. In such connection, the city manager
may employ city personnel, equipment and facilities or
hire persons, equipment and facilities or firms or corporations
who may be independent contractors for the purpose of
removing, preserving and storing abandoned motor vehicles.
(c) Notice to owner of vehicle taken into custody.
(1) When the city manager takes into custody an abandoned
motor vehicle, he shall notify, within fifteen days thereof,
by registered or certified mail, return receipt requested,
the owner of record of the motor vehicle and all persons
having security interests therein of record, that the vehicle
has been taken into custody. The notice shall describe the
year, make, model and serial number of the abandoned motor
vehicle, set forth the location of the facility where the motor
vehicle is being held, inform the owner and any persons having
security interests of their right to reclaim the motor
vehicle within three weeks after the date of the notice, upon
payment of all towing, preservation and storage charges
resulting from placing the vehicle in custody, and state that
the failure of the owner or persons having security interests
to exercise their right to reclaim the vehicle within the time
provided shall be deemed a waiver by the owner, and all
persons having any security interests, of all right, title and
interest in the vehicle, and consent to the sale of the abandoned
motor vehicle at a public auction.
(2) If records of the division contain no address for the
owner or no address of any person shown by such records
to have a security interest, or if the identity and addresses of
the owner and all persons having security interests cannot
be determined with reasonable certainty, notice by publication
once in a newspaper of general circulation in the area where
the motor vehicle was abandoned shall be sufficient to meet
all requirements of notice pursuant to this section as to any
person who cannot be notified pursuant to the provisions of
paragraph (1) of this section. Such notice by publication
may contain multiple listings of abandoned motor vehicles.
Any such notice shall be within the time requirements prescribed
for notice by mail and shall have the same contents
required for a notice by mail.
(3) The consequences and the fact of failure to reclaim
an abandoned motor vehicle shall be as set forth in a notice
given in accordance with and pursuant to this section.
(d) Sale of vehicle at public auction; disposition of proceeds.
If an abandoned motor vehicle has not been reclaimed
as provided for in subsection (c) of this section, the city
manager, or his authorized agent, shall, notwithstanding the
provisions of section 46.1-88 of the Code of Virginia, sell the
abandoned motor vehicle at public auction. The purchaser of
the motor vehicle shall take title to the motor vehicle free and
clear of all liens and claims of ownership of others, shall
receive a sales receipt at the auction and shall be entitled to,
upon application therefor pursuant to section 46.1-88 of the
Code of Virginia, a certificate of title and registration card
therefor. The sales receipt at such a sale shall be sufficient
title only for purposes of transferring the vehicle to a demolisher
for demolition, wrecking or dismantling, and, in
such case, no further titling of the vehicle shall be necessary.
From the proceeds of the sale of an abandoned motor vehicle,
the city manager, or his authorized agent, shall reimburse
himself for the expenses of the auction, the cost of towing,
preserving and storing the vehicle which resulted from placing
the abandoned motor vehicle in custody, and all notice and
publication costs incurred pursuant to subsection (c). Any
remainder from the proceeds of a sale shall be held for the
owner of the abandoned motor vehicle or any person having
security interests therein, as their interests may appear, for
ninety days, and then shall be deposited into the treasury of
the city.
(e) Vehicles abandoned in garages. Any motor vehicle,
trailer, semitrailer or part thereof left for more than ten
days in a garage operated for commercial purposes after
notice by registered or certified mail, return receipt requested,
to the owner to pick up the vehicle, or for more than ten
days after the period when, pursuant to contract, the vehicle
was to remain on the premises, shall be deemed an abandoned
motor vehicle, and may be reported by the garagekeeper to
the city manager. All abandoned motor vehicles left in garages
may be taken into custody by the city manager in
accordance with subsection (b) and shall be subject to the
notice and sale provisions contained in subsection (c) and
subsection (d); provided, that if such vehicle is reclaimed in
accordance with subsection (c), the person reclaiming such
vehicle shall, in addition to the other charges required to be
paid, pay the charges of the garagekeeper, if any; provided
further, that if such vehicle is sold pursuant to subsection (d),
the garagekeeper's charges, if any, shall be paid from, and
to the extent of, the excess of the proceeds of sale after paying
the expenses of the auction, the costs of towing, preserving
and storing such vehicle which resulted from placing such
vehicle in custody and all notice and publication costs incurred
pursuant to subsection (d). Except as otherwise provided
in this section, nothing herein shall be construed to limit or
restrict any rights conferred upon any person under sections
43-32 through 43-36 of the Code of Virginia. For the purposes
of this section, "garagekeeper" means any operator of a
parking place, motor vehicle storage facility, or establishment
for the servicing, repair or maintenance of motor vehicles.
(f) Disposition of inoperable abandoned vehicles. Notwithstanding
any other provisions of this section, or the provisions
of section 46.1-88 of the Code of Virginia, any motor
vehicle, trailer, semitrailer or part thereof which is inoperable
and which, by virtue of its condition, cannot be feasibly
restored to operable condition, may be disposed of to a demolisher
by the person, firm, corporation or city manager
on whose property or in whose possession such motor vehicle,
trailer or semitrailer is found. The demolisher, upon taking
custody of such motor vehicle, trailer or semitrailer shall
follow the notification and sale procedures required of the
city manager by subsection (c). Unless reclaimed in accordance
with such subsection, the purchaser at the public auction
held by the demolisher shall be entitled to a sales receipt and
shall obtain the same rights and privileges with respect to the
vehicle so purchased as a purchaser at a public auction held
by the city manager under subsection (d).
(g) Removal of unattended vehicles. Whenever any motor
vehicle, trailer or semitrailer is found on the public streets or
public grounds unattended by the owner or operator and constitutes
a hazard to traffic or is parked in such manner as to
be in violation of law or whenever any motor vehicle, trailer
or semitrailer not within the purview of subsection (f) is left
unattended for more than ten days upon any privately owned
property other than the property of the owner of such motor
vehicle, trailer or semitrailer, within the city or is abandoned
upon such privately owned property, without the permission
of the owner, lessee or occupant thereof, any such motor vehicle,
trailer or semitrailer may be removed for safekeeping
by or under the direction of a police officer to a storage
garage or area; provided, that no such vehicle shall be so
removed from privately owned premises without the written
request of the owner, lessee or occupant thereof. The person
at whose request such motor vehicle, trailer or semitrailer is
removed from privately owned property shall indemnify the
city against any loss or expense incurred by reason of removal,
storage or sale thereof. Each removal shall be reported
immediately to the chief of police, who shall give notice to
the owner of the motor vehicle, trailer or semitrailer as
promptly as possible. The owner, before obtaining possession
of the motor vehicle, trailer or semitrailer shall pay to the
city all reasonable costs incidental to the removal, storage and
locating the owner of the motor vehicle, trailer or semitrailer.
Should the owner fail or refuse to pay the costs or should the
identity or whereabouts of the owner be unknown and unascertainable
after a diligent search has been made, and after
notice to the owner at his last known address and to the holder
of any lien of record in the office of the division of motor
vehicles against the motor vehicle, trailer or semitrailer, the
chief of police may, after holding the motor vehicle, trailer
or semitrailer sixty days and after due notice of sale dispose
of the same at public sale and the proceeds from the sale shall
be forwarded by the chief of police to the city treasurer; provided,
that if the value of such motor vehicle, trailer or semitrailer
be determined by three disinterested dealers or garage-men
to be less than fifty dollars, which would be incurred by
such advertising and public sale, it may be disposed of by
private sale or junked. (6-21-65, § 35; 5-3-71.)
