Sec. 25-275. Removal authorized.
Whenever any motor vehicle, trailer, semitrailer, or part thereof (i) is left unattended on a public highway or other public property and constitutes a traffic hazard, (ii) is illegally parked, (iii) is left unattended for more than ten (10) days either on public property or on private property without the permission of the property owner, lessee, or occupant, or (iv) is immobilized on a public roadway by weather conditions or other emergency situation, such motor vehicle, trailer, semitrailer, or part thereof may be removed for safekeeping by or under the direction of a police officer.
A motor vehicle, trailer, semitrailer, and part thereof may not be removed from private property without the written request of the owner, lessee, or occupant of the premises. The person at whose request the motor vehicle, trailer, semitrailer, or part of a motor vehicle, trailer, or semitrailer is removed from private property shall indemnify the city, against any loss or expense incurred by reason of removal, storage, or sale thereof. It shall be presumed that such motor vehicle, trailer, semitrailer, or part thereof is abandoned if it (i) lacks either a current license plate, or a valid state safety inspection certificate or sticker, and (ii) it has been in a specific location for four (4) days without being moved. As promptly as possible, each removal shall be reported to the police department and to the owner of the motor vehicle, trailer, or semitrailer. Before obtaining possession of the motor vehicle, trailer, semitrailer, or part thereof, the owner of the vehicle shall pay to the parties entitled thereto all costs incidental to its removal and storage and locating said owner. If the owner of the vehicle fails or refuses to pay the cost or if his identity or whereabouts is unknown and unascertainable after a diligent search has been made, and after notice to him at his last known address and to the holder of any lien of record with the office of the department of motor vehicles against the motor vehicle, trailer, semitrailer, or part of a motor vehicle, trailer, or semitrailer, the vehicle shall be treated as an abandoned vehicle under the provisions of Article 1 of Title 46.2 of the Code of Virginia and may be sold in accordance with the procedures set forth in sections 46.2-12.13 and 46.2-12.17 of the Code of Virginia. Any personal property found in any unattended or abandoned motor vehicle, trailer, or semitrailer may be sold incident to the sale of the vehicle as authorized in this section. (Code 1959, § 20-147; Ord. No. O-88-013, § 1, 1-26-88; Ord. No. O-09-123, 10-13-09, eff. 1-1-10)
Last updated date: 1/4/2010 7:54:18 AM