[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:
ABANDONED MOTOR VEHICLE
A motor vehicle, trailer, or semitrailer or part of a motor
vehicle, trailer, or semitrailer that:
A.
Is inoperable and is left unattended on public property, other
than an interstate highway or primary highway, for more than 48 hours;
B.
Has remained illegally on public property for more than 48 hours;
C.
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;
D.
Is inoperable, left unattended, or both, on an interstate highway;
or
E.
Is inoperable, left unattended, or both, on the shoulder of
a primary highway.
INOPERABLE ABANDONED MOTOR VEHICLE
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:
A. It lacks either a current license plate; a current City, county,
or town license plate or sticker; or a valid state safety inspection
certificate or sticker; and
B. It has been in a specific location for four days without being moved.
[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.