§ 13-64. Removal and disposal of unattended or immobile motor vehicles.

(a)

The county, its agents or employees, may remove to a storage area for safekeeping any motor vehicle that:

(1)

Is left unattended on a public highway or other public property and constitutes a traffic hazard;

(2)

Is illegally parked;

(3)

Is left unattended for more than ten days either on public property or on private property without the permission of the property owner, lessee or occupant; or

(4)

Is immobilized on a public roadway by weather conditions or other emergency situations.

(b)

For purposes of this section, the term motor vehicle shall also include trailers, semi-trailers and any part or parts of a motor vehicle, trailer or semi-trailer.

(c)

Removal shall be carried out by or under the direction of the chief of the police department or his designee, who shall be a law enforcement officer.

(d)

No motor vehicle shall be removed from private property without the written request of the owner, lessee or occupant of the premises. However, upon such request such motor vehicle shall be removed upon a showing by the owner, lessee or occupant that it has complied with the posting requirements of Code of Virginia, § 46.2-1215, if applicable. Additionally, the person making such written request shall indemnify the county against any loss or expense incurred by reason of removal, storage or sale of the motor vehicle.

(e)

As promptly as possible after removal of the motor vehicle, the chief of the police department or his designee shall report the removal of the motor vehicle to the office of the commander of the police department's uniformed operations. Additionally, the chief of police or his designee shall report the removal to the owner of the motor vehicle.

(f)

Before reclaiming possession of the motor vehicle, the owner thereof shall pay to the county or other party entitled thereto all costs incurred for its removal and storage. If the owner 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, the vehicle shall be treated as abandoned under the provisions of Code of Virginia, §§ 46.2-1200 et seq.

(g)

Any motor vehicle that (i) lacks either a current license plate or sticker; or a valid state safety inspection certificate or sticker; and (ii) has been in a specific location for four days without being moved shall be deemed abandoned and shall be treated as abandoned under the provisions of Code of Virginia, §§ 46.2-1200 et seq.

(h)

Disposal of any motor vehicle not claimed by the owner or sold pursuant to provision of state law shall be performed in accordance with Code of Virginia, § 46.2-1205.

(Ord. of 4-13-05(4), § 1)

(Ord. of 4-13-05(4), § 1)