Sec. 15-51. Abandoned motor vehicles.

(a) For the purposes of this section, the following words and phrases shall have the following meanings:

Abandoned motor vehicle. A motor vehicle, trailer or semitrailer or part of a motor vehicle, trailer or semitrailer that:

(1) Is inoperable and is left unattended on public property for more than forty-eight (48) hours;

(2) Has remained illegally on public property for more than forty-eight (48) hours: or

(3) Has remained for more than forty-eight (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.

Demolisher. Any person, firm or cooperation whose business is to convert a motor vehicle, trailer or semitrailer into processed scrap metal or otherwise to wreck or dismantle such vehicles.

Inoperable abandoned motor vehicle. An abandoned motor vehicle which is inoperable and whose fair market value, as determined by the commissioner of the revenue, is less than the cost of its restoration to an operable condition.

(b) The county administrator may take or cause to be taken into custody and dispose of any abandoned motor vehicle. In such connection, the county administrator may employ county personnel, equipment and facilities or hire persons, equipment and facilities or firms or corporations who may be independent contractors for removing, preserving and storing abandoned motor vehicles.

(c) When the county takes an abandoned motor vehicle into custody, the county administrator shall, within fifteen (15) days, by registered or certified mail, return receipt requested, notify the owner of record of the motor vehicle and all persons having security interests in the vehicle of record that it has been taken into custody. The notice shall state the year, make, model and serial number of the abandoned motor vehicle; set forth the location of the facility where it is being held; and inform the owner and any persons having security interest of their right to reclaim it within fifteen (15) days after the date of the notice, after payment of all towing, preservation and storage charges resulting from placing the vehicle in custody. The notice shall state that the failure of the owner or persons having security interest to reclaim the vehicle within the time provided shall constitute 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.

(d) If records of the department of motor vehicles contain no address for the owner or no address of any person shown by the department's 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 area where the motor vehicle was abandoned shall be sufficient to meet all requirements of notice pursuant to this section as to any person who cannot be notified pursuant to the foregoing provision of this section. Notice by publication may contain multiple listings of abandoned motor vehicles. Any notice of this kind shall be within the time requirements prescribed by this section for notice by mail and shall have the same contents required for a notice by mail.

(e) The consequence of failure to reclaim an abandoned motor vehicle shall be set forth in a notice given in accordance with and pursuant to this section.

(f) If an abandoned motor vehicle is not reclaimed as provided above, the county administrator shall, notwithstanding the provisions of section 46.2-617, Code of Virginia, sell it or cause it to be sold at public auction. The purchaser of the motor vehicle shall take title to the motor vehicle free 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 department a certificate of title and registration card for the vehicle. 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 that 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 this section. Any remainder from the proceeds of a sale shall be held for the owner of the abandoned motor vehicle or any person having security interest therein, as their interests may appear, for ninety (90) days, and then be deposited with the treasurer of the county.

(g) Notwithstanding paragraph (a) above, any motor vehicle, trailer, semitrailer of part thereof shall be considered abandoned and may be reported by the garagekeeper to the county if it has been left in a garage for more than ten (10) days or for more than ten (10) days beyond the period when the vehicle was to remain on the premises pursuant to a contract, after notice by registered or certified mail, return receipt requested, to the owner of record and all persons having security interest of record therein to reclaim the vehicle within fifteen (15) days of the notice. Any abandoned motor vehicle left in a garage may be taken into custody by the county in accordance with the provisions of this section and shall be subject to the notice and sale provisions set forth in this section. If, however, the vehicle is reclaimed, the person reclaiming it, in addition to the other charges required to be paid, shall pay the reasonable charges of the garagekeeper unless otherwise provided by contract. If the vehicle is sold pursuant to the provisions of this section, any garagekeeper's charges 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 the vehicle which resulted from placing the vehicle in custody and all notice and publication costs. For the purposes of this section, "garage" means any commercial parking place; motor vehicle storage facility; or establishment for the servicing, repair, maintenance or sale of motor vehicles whether or not the vehicle had been brought to that location with the consent of the owner or person in control of the premises, and "garagekeeper" means the operator of a garage.