[Amended 12-12-1994]
If an abandoned motor vehicle has not been reclaimed as provided for in §
115-4, the county or its 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, upon application therefor pursuant to § 46.2-603 of the Code of Virginia, a certificate of title and registration card therefor. The sales receipt at 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. 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 §
115-4 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 90 days and then shall be deposited into the treasury of the county. Any personal property found in any abandoned motor vehicle, trailer or semitrailer may be sold incident to the sale of any such vehicle.
Any motor vehicle, trailer, semitrailer or part thereof left for more than 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 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 garagekeeper to the county. All abandoned motor vehicles left in garages may be taken into custody by the county in accordance with §
115-3 and shall be subject to the notice and sale provisions contained in §§
115-4 and
115-5, provided that if such vehicle is reclaimed in accordance with §
115-4, 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 §
115-5, 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 §
115-4. For 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.
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 vehicle, trailer, semitrailer
or part thereof is inoperable and, by virtue of its condition, cannot
be feasibly restored to operable condition, said motor vehicle, trailer,
semitrailer or part thereof 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 Division 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.