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365.03 JUNKED MOTOR VEHICLES PROHIBITED.
   No person shall, within this City, place or deposit any junked motor vehicle upon the right of way of any public highway or upon any other public property; nor shall any person, within this City, place or deposit any junked motor vehicle upon any private property which he does not own, lease, rent or otherwise control unless it be at a licensed salvage yard or at the business establishment of a demolisher. Any person who violates any provisions of this section shall be guilty of an offense against this section, and, upon conviction thereof, shall be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned in the county jail for not more than thirty days, or both fined and imprisoned.
365.04 REMOVAL.
   When the Police Department has knowledge of or discovers or finds any abandoned motor vehicle, and junked motor vehicle, old vehicle tire or inoperative or abandoned household appliance on either public or private property, the department shall take the same into its custody and possession, and for this purpose the department may employ its own personnel, equipment and facilities or, subject to the availability of funds for such purpose, may hire persons, equipment and facilities for the purpose of removing, preserving and storing abandoned motor vehicles, junked motor vehicle into custody and possession from private property, the Police Department shall give the private property owner and the owner of said motor vehicle, if ascertainable, thirty days notice by registered or certified mail that such action will be taken unless the said motor vehicle is restored to a functional use.
365.05 NOTIFICATION TO MOTOR VEHICLE OWNER AND LIENHOLDERS.
   (a)    The Police Department, having taken into its custody and possession an abandoned motor vehicle or junked motor vehicle shall, within seven days after taking custody and possession thereof, notify the last known registered owner of such motor vehicle and all lienholders of record that such motor vehicle has been taken into custody and possession, such notification to be by registered or certified mail, return receipt requested. The notice shall contain a description of such motor vehicle, including the year, make, model, manufacturer's serial or identification number or any other number which may have been assigned to such motor vehicle by the State Commissioner of Motor Vehicles and any distinguishing marks; set forth the location of the facility where such motor vehicle is being held and the location where such motor vehicle was taken into custody and possession; inform the owner and any lienholders of record of their right to reclaim such motor vehicle within ten days after the date notice was received by the owner or lienholders, upon payment of all towing, preservation and storage charges resulting from taking and placing such motor vehicle into custody and possession, and state that the failure of the owner or lienholders of record to exercise their right to reclaim such motor vehicle within such ten-day period shall be deemed a waiver by the owner and all lienholders of record of all right, title and interest in such motor vehicle and of their consent to the sale or disposal of the abandoned motor vehicle or junked motor vehicle at a public auction or to a licensed salvage yard or demolisher.
   (b)    If the identity of the last registered owner of the abandoned motor vehicle or junked motor vehicle cannot be determined, or if the certificate of registration or certificate of title contains no address for the owner, or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, notice shall be published as a Class I legal advertisement in compliance with the provisions of West Va. Code Article 59-3, and the publication area shall be this county and such notice shall be sufficient to meet all requirements of notice pursuant to this article. Any notice by publication may contain multiple listings of abandoned motor vehicles and junked motor vehicles. The notice shall be published within seven days after such motor vehicle is taken into custody and possession and shall have the same contents required for a notice pursuant to subsection (a) of this section, except that the ten-day period shall run from the date such notice is published as aforesaid.
   (c)    The consequences and effect of failure to reclaim an abandoned motor vehicle or junked motor vehicle within the ten-day period after notice is received by registered or certified mail or within ten days after the notice is published in a newspaper as aforesaid shall be set forth in such notice.
365.06 DISPOSAL.
   (a)    If an abandoned motor vehicle or junked motor vehicle is not reclaimed as provided in Section 365.05, the Police Department shall sell it either at a public auction or to a licensed salvage yard or demolisher. The purchaser of such motor vehicle shall take title to such motor vehicle free and clear of all liens and claims of ownership, and shall receive a sales receipt from the Police Department. The sales receipt at such sale shall be sufficient title only for purposes of transferring such motor vehicle to a licensed salvage yard or to a demolisher for demolition, wrecking or dismantling, and no further titling of such motor vehicle shall be necessary by either the purchaser at the auction, the licensed salvage yard or the demolisher, who shall be exempt from the payment of any fees and taxes required under West Va. Code Article 17A-3 (as so provided in West Va. Code 17-24-9); provided, that the purchaser at the auction must place such motor vehicle in the possession of a licensed salvage yard or demolisher within twenty days from the date he purchased such motor vehicle and the licensed salvage yard or demolisher must demolish, wreck or dismantle such motor vehicle within six months after taking possession of such motor vehicle and if such licensed salvage yard or demolisher does not, such licensed salvage yard or demolisher shall be required to pay all fees and taxes required under West Va. Code Article 17A-3 (as so provided in West Va. Code 17-24-9).
   (b)    When the Police Department has in its custody and possession old vehicle tires or inoperative or abandoned household appliances collected in accordance with this article, it shall sell such property from time to time at public auction or to a licensed salvage yard or demolisher.
365.07 PROCEEDS FROM SALE.
   (a)   From the proceeds of any such sale, the City shall reimburse itself for any expenses it may have incurred in removing, towing, preserving and storing said property and the expenses of conducting any auction and any notice and publication expenses incurred pursuant to this article.
   (b)   Any remainder from the proceeds of such sale shall be deposited in the City treasury to be kept and maintained as a special revolving account, designated as the "abandoned and junked property fund;" provided, that any remainder from the proceeds of the sale of an abandoned motor vehicle or junked motor vehicle after payment of such expenses shall be held for the last registered owner of such motor vehicle or any lienholder for ninety days, after which time, if no owner or lienholder claims the remainder, it shall be deposited in said special fund.
   (c)   Any money so collected and deposited in such special fund shall be used solely for the payment of auction, towing, removing, preserving, storing, notice and publication costs which result from taking other abandoned motor vehicles, junked motor vehicles, old vehicle tires and inoperative or abandoned household appliances into custody and possession; provided, that whenever the abandoned and junked vehicle fund exceeds the sum of five hundred dollars the City Council may, by resolution, transfer such excess to the general fund.
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