Sec. 26-196. - Definitions.

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Abandoned motor vehicle. Any motor vehicle, trailer, or semitrailer that:

(1)

Is left unattended on public property for more than forty-eight (48) hours in violation of a state law or local ordinance; or

(2)

Has remained for more than forty-eight (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; or

(3)

Is left unattended on the shoulder of a primary highway.

Demolisher. Any person whose business is to convert a motor vehicle into processed scrap or scrap metal or otherwise to wreck or dismantle such vehicle.

Motor vehicle. Any automobile, van, truck, trailer or semi-trailer.

Traffic hazard. Any motor vehicle found on the public streets or grounds of the city, unattended by the owner or operator and constituting a hazard to traffic, or which is parked so as to be in violation of the law.

Unclaimed motor vehicle. Any vehicle which is abandoned and for which no owner can be located after having followed the procedure outlined in this article.

Vehicle removal certificate. A transferable document issued by the department of motor vehicles for any abandoned motor vehicle that authorizes the removal and destruction of the vehicle.

(Ord. No. 2261, § 2; Code 1961, § 23-262; Ord. No. 6406-07, § 1; Ord. No. 6639-09, § 1; Ord. No. 6844-12, § 1)

Sec. 26-197. - Police may take possession; indemnity of city when vehicle removed from private property; presumption of abandonment.

(a)

Whenever any motor vehicle is found to be abandoned or is found to constitute a traffic hazard in the city, the police department or its agent may take possession of the vehicle.

(b)

In the event an abandoned motor vehicle is on private property, the vehicle may not be removed without the written request of the owner of such property. Further, the property owner shall indemnify the city for any loss or expense incurred by the city in the removal, storage and sale of the vehicle.

(c)

It shall be presumed that any motor vehicle, trailer, semi-trailer, or part thereof is abandoned if it:

(1)

Lacks either a current license plate; or a current county, city or town license or sticker; or a valid state safety inspection certificate or sticker; and

(2)

It has been in a specific location for four (4) days without being moved.

(Ord. No. 2261, § 2; Code 1961, § 23-263; Ord. No. 4026-90)

State law reference— Similar provisions, Code of Virginia, §§ 46.2-1213, 46.2-1217, 46.2-1201.

Sec. 26-198. - Search for owner.

(a)

Any person in possession of an abandoned motor vehicle shall initiate with the Department of Motor Vehicles of the Commonwealth of Virginia, in a manner prescribed by the commissioner of the department of motor vehicles, a search for the owner and/or lienholder of record of the vehicle, requesting the name and address of the owner of record of the motor vehicle and all persons having security interests in the motor vehicle on record in the office of the department of motor vehicles, describing, if ascertainable, the motor vehicle by year, make, model and vehicle identification number.

(b)

If the department of motor vehicles confirms owner or lienholder information, the department of motor vehicles will notify the owner, at the last known address of record, and lienholder, at the last known address of record, of the notice of interest in their vehicle, by certified mail, return receipt requested, and advise them to reclaim and remove the vehicle within fifteen (15) days, or if the vehicle is a manufactured home or mobile home, one hundred twenty (120) days, from the date of notice. Such notice shall be sufficient regardless of whether or not it was ever received. Following the notice required, if the motor vehicle remains unclaimed, the owner and all persons having security interests in the motor vehicle shall have waived all right, title, and interest in the motor vehicle.

Whenever a vehicle is shown by the records of the department of motor vehicles to be owned by a person who has indicated that he is on active military duty or service, any person having an interest in such vehicle shall comply with the provisions of the federal Servicemembers Civil Relief act (50 U.S.C. app. 501 et seq.).

(c)

If the records of the department of motor vehicles contain no address for the owner or no address of any person shown 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, the person in possession of the abandoned motor vehicle shall obtain from the department of motor vehicles a vehicle removal certificate.

(Ord. No. 2261, § 2; Code 1961, § 23-264; Ord. No. 6406-07, § 1; Ord. No. 6639-09, § 1)

State law reference— Similar provisions, Code of Virginia, § 46.2-1202.

Sec. 26-199. - Sale.

If an abandoned motor vehicle is unclaimed, as provided for in section 26-198, the city shall sell the abandoned vehicle at public auction in accordance with Title 46.2 of the Code of Virginia, 1950, as amended. From the proceeds of such sale, the city, 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 vehicle in custody and all notice and publication costs incurred. Any remainder from the proceeds of such sale shall be held for the owner of the abandoned vehicle or any persons having security interests therein, as their interest may appear, for ninety (90) days, and then shall be deposited into the treasury of the city.

(Ord. No. 2261, § 2; Code 1961, § 23-265; Ord. No. 5302-99)

State law reference— Similar provisions, Code of Virginia, § 46.2-1203.

Sec. 26-200. - Reserved.

Editor's note—

Ord. No. 6639-09, § 2, adopted Oct. 27, 2009, repealed § 26-200, which pertained to vehicles abandoned in garages, and derived from Ord. No. 2261, § 2; Code 1961, § 23-266; Ord. No. 6406-07, § 1. See also the Code Comparative Table.

Sec. 26-201. - Demolition of inoperable vehicles.

(a)

Notwithstanding the other provisions of this article, the police department may dispose of any abandoned inoperable vehicle to a demolisher, without title and without following the notification procedures required by this article. The demolisher, upon taking custody of the inoperable motor vehicle, shall notify the state division of motor vehicles in the manner prescribed by the commissioner of the division of motor vehicles. Such demolisher shall, in disposing of the inoperable vehicle, follow the provisions of Section 46.2-1206 of the Code of Virginia.

(b)

In the event the police department shall turn over an inoperable vehicle to a demolisher, the department shall ensure that the vehicle is inoperable prior to the demolisher taking possession of the inoperable vehicle. The police department shall further ensure that the inoperable vehicle is subsequently demolished. The police department shall then seek reimbursement from the state division of motor vehicles.

(Ord. No. 2261, § 2; Code 1961, §§ 23-267, 23-268; Ord. No. 3958-89, § 1)

State law reference— Similar provisions, Code of Virginia, §§ 46.2-1205, 46.2-1207.

Secs. 26-202—26-211. - Reserved.