[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).
[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.
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.