[Code 1991, § 12-121]
The following words, terms and phrases, when used in this division,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A motor vehicle, trailer, or semitrailer or part of a motor
vehicle, trailer, or semitrailer that:
Is inoperable and is left unattended on public property, other
than an interstate highway or primary highway, for more than 48 hours;
Has remained illegally on public property for more than 48 hours;
Has remained for more than 48 hours on private property without
the consent of the property's owner, regardless of whether it was
brought onto the private property with the consent of the owner or
person in control of the private property;
Is inoperable, left unattended, or both, on an interstate highway;
or
Is inoperable, left unattended, or both, on the shoulder of
a primary highway.
An abandoned motor vehicle which is inoperable and whose
fair market value, as determined by the City official responsible
for assessing motor vehicles under Code of Virginia, § 58.1-3503,
is less than the cost of its restoration to an operable condition.
[Code 1991, § 12-122]
It shall be presumed that a motor vehicle, trailer, semitrailer,
or part thereof is abandoned if:
[Code 1991, § 12-126]
A.Â
A police officer may take any abandoned motor vehicle, as defined in § 58-281, into custody. The Police Department may employ its own personnel, equipment, and facilities or hire persons, equipment, and facilities, or firms or corporations, who may be independent contractors, for removing, preserving, storing, and selling at public auction abandoned motor vehicles.
B.Â
No police officer shall remove, or cause to be removed, any abandoned
motor vehicle from private property without the written request of
the owner, lessee, or occupant of the premises. Such request shall
include the agreement of such owner, lessee, or occupant to indemnify
the City against any loss or expense incurred by reason of the removal,
storage, or sale of the vehicle.
[Code 1991, § 12-127]
A.Â
Whenever an abandoned motor vehicle has been taken into custody,
it shall be the duty of the police chief to notify, within 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.
B.Â
The notice shall:
(1)Â
Describe the year, make, model and serial number of the abandoned
motor vehicle;
(2)Â
Set forth the location of the facility where the motor vehicle is
being held;
(3)Â
Inform the owner of the vehicle and any persons having any security
interests therein of their right to reclaim the motor vehicle within
15 days after the date of the notice, upon payment of all towing,
preservation and storage charges resulting from placing the vehicle
in custody; and
(4)Â
State that the failure of the owner or persons having security interests
to reclaim the vehicle within the time provided shall constitute both
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.
C.Â
If records of the state department of motor vehicles contain no address for the owner or no address of any person shown by the department's records to have a security interest in the vehicle, 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 City shall be sufficient to meet all requirements of notice pursuant to this division as to any person who cannot be notified pursuant to the provisions of Subsection A of this section. Notice by publication may contain multiple listings of abandoned motor vehicles. Any notice shall be within the time requirements prescribed by this section for notice by mail and shall have the same contents required for notice by mail.
D.Â
The consequences of a failure to reclaim an abandoned motor vehicle
shall be as set forth in a notice given in accordance with and pursuant
to this section.
[Code 1991, § 12-128]
If an abandoned motor vehicle has not been reclaimed as provided for in § 58-284, the police chief or his authorized agent shall 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 apply to and receive from the state department of motor vehicles a certificate of title and registration card therefor. The sales receipt from the 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 the abandoned motor vehicle, the police chief or his authorized agent shall be reimbursed 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 § 58-284. 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 90 days, and then be deposited into the general fund of the treasury of the City.
