[HISTORY: Adopted by the Board of Supervisors of Shenandoah County
7-12-1988. Amendments noted where applicable.]
CODE OF VIRGINIA REFERENCE
Enabling authority — See § 46.2-1201.
[Amended 9-23-1997 by Ord. No. 97-7]
This chapter is hereby adopted to provide for the removal and disposition
of abandoned vehicles pursuant to §§ 46.2-1200 through 46.2-1208
of the Code of Virginia, 1950 (as amended).
As used in this chapter, the following terms shall have the meanings
indicated:
Any motor vehicle, trailer or semitrailer or part thereof that:
Is inoperable and is left unattended on public property for more than
forty-eight (48) hours;
Has remained illegally on public property for a period of more than
forty-eight (48) hours;
Has remained without consent on private property, including but not
limited to any commercial parking place, motor vehicle storage facility or
establishment for the service, repair, maintenance or sale of motor vehicles,
whether or not such vehicle was brought onto or left at such property with
or without the consent of the owner or person in control of the property for
more than forty-eight (48) hours; or
Pursuant to § 15.2-904 of the Code of Virginia, is not in
operating condition; or which is stored on property zoned for residential,
commercial or agricultural purposes not kept within a fully enclosed building;
or which for a period of sixty (60) days or longer has been partially or totally
disassembled by the removal of tires and wheels, the engine or other essential
parts which are necessary for the operation of such vehicle and which is not
contained within a fully enclosed building or on which there is displayed
neither valid license plate nor valid inspection decal.
[Amended 9-23-1997 by Ord. No. 97-7]
A program, based on requirements as set forth in § 46.2-1208
of the Code of Virginia, designed to identify and remove inoperable motor
vehicles from public and private land. The County, through this program and
in cooperation with the Department of Motor Vehicles, can provide up to forty-five
dollars ($45.) for each inoperable motor vehicle that is validly removed and
demolished. It is not the purpose of this program to remove vehicles from
approved automobile graveyards or junkyards.
[Amended 9-23-1997 by Ord. No. 97-7]
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.
Any person, firm or corporation who is licensed to do business of
removing and towing vehicles and who has a holding facility, and who has a
contractual arrangement with the County to remove and store abandoned and
inoperable vehicles in accordance with this chapter.
The County may take into custody any abandoned motor vehicle. In such
connection, the County may employ its own 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. The person at whose request such motor vehicle,
trailer, semitrailer or part thereof is so removed shall idemnify the County
against any loss or expense incurred by reason of removal, storage or sale
thereof.
A.
The County shall notify, within fifteen (15) 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:
(1)
Describe the year, make, model and serial number of the
abandoned motor vehicle.
(2)
Set forth the location of the facility where the motor
vehicle is being held.
(3)
Inform the owner and any persons having security interests
of their right to reclaim the motor vehicle within three (3) weeks after the
date of the notice, upon payment of all towing, preservation and storage charges
resulting from placing the vehicle in custody.
(4)
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.
B.
If records of the Department of Motor Vehicles contain no address for the owner or no address of any persons 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 County shall be sufficient to meet all requirements of notice pursuant to this chapter as to any person who cannot be notified pursuant to the provisions of Subsection A 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 notice by mail.
C.
The consequences and the fact of failure to reclaim an
abandoned vehicle shall be as set forth in a notice given in accordance with
and pursuant to this section.
A.
If an abandoned motor vehicle has not been reclaimed as provided for in § 152-4, the County, or its authorized agent, shall sell the abandoned motor vehicle at public auction.
B.
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 § 46.2-603 of the Code of Virginia,
a certificate of title and registration card therefor. The sales receipt of
such 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.[1]
C.
From the proceeds of the sale of an abandoned motor vehicle, the County, or its authorized agent, shall reimburse itself 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 § 152-4 of this chapter. 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 (90) days and then be deposited into the treasury of the County.
D.
Any personal property found in any abandoned motor vehicle,
trailer or semitrailer may be sold incident to the sale of any such vehicle.
A.
Any motor vehicle, trailer, semitrailer or part thereof
left for more than ten (10) 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 (10) 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 garage
keeper to the County.
B.
All abandoned motor vehicles left in garages may be taken into custody by the County in accordance with § 152-3 of this chapter and shall be subject to the notice and sale provisions contained in §§ 152-4 and 152-5 herein, provided that if the vehicle is reclaimed pursuant to § 152-4, the person reclaiming it shall pay the reasonable charges of the garage keeper, in addition to the other charges required to be paid; and provided, further, that if the vehicle is sold pursuant to § 154-5, any garage keeper's charges shall be paid from, and to the extent of, the excess proceeds of sale after paying the expenses of the auction, the costs of towing, preserving and storing the vehicle which resulted from placing the vehicle in custody and all notice and publication costs incurred pursuant to § 154-4.
C.
For purposes of this section, "garage keeper" means any
operator of a parking place, motor vehicle storage facility or establishment
of the servicing, repair or maintenance of motor vehicles.
When, in the opinion of the official or officials of the County designated
by the Board to have duties which include the disposal of abandoned vehicles,
any motor vehicles, trailer, semitrailer or part thereof which is inoperable
and which, by virtue of its condition, cannot be feasibility restored to operable
condition, may be disposed of to a demolisher, without the title and without
the notification procedures, by the person, firm, corporation or County 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 notify the Department of Motor Vehicles, on forms and
in the manner prescribed by the Commissioner, and, notwithstanding any other
provision of law, no other report or notice shall be required in such instance.
A.
Any demolisher who purchases or otherwise acquires a
motor vehicle for purposes of wrecking, dismantling or demolition shall not
be required to obtain a certificate of title for such motor vehicle in his
own name. After the motor vehicle has been demolished, processed or changed
so that it physically is no longer a motor vehicle, the demolisher shall surrender
to the Department of Motor Vehicles for cancellation the certificate of title
or sales receipt therefor.
B.
A demolisher shall keep an accurate and complete record
of all motor vehicles purchased or received by him in the course of his business.
These records shall contain the name and address of the person from whom each
such motor vehicle was purchased or received and the date when such purchases
or receipts occurred. Such records shall be open for inspection by the County
at any time during normal business hours.[1]
The County may operate an abandoned vehicle removal program pursuant
to this chapter and pursuant to guidelines and specifications as may be approved
by the Board of Supervisors.
