(A) If a motor vehicle impounded under this chapter is not reclaimed:
(1) The authorized county official shall obtain from the Department a Vehicle Removal Certificate in a manner prescribed by the Commissioner;
(2) The vehicle may then be sold or transferred to a licensee or a scrap metal processor, as defined in VA Code § 46.2-1600, as amended; or
(3) If the county desires to sell the vehicle at public auction, the authorized county official shall post notice for at least 21 days of its intent to auction the motor vehicle with the Department.
(a) Postings of intent shall be in an electronic manner prescribed by the Commissioner who shall also ensure that written notice of intent is provided in public locations throughout the Commonwealth of Virginia.
(b) If the Department confirms a lien, the authorized county official shall notify the lienholder of record, by certified mail, at the address on the certificate of title of the time and place of the proposed sale 10 days prior thereto.
(B) The purchaser of an impounded vehicle at public auction shall take title to the vehicle free of all liens and claims of ownership of others, shall receive a sales receipt, an abandoned vehicle receipt and a completed Vehicle Removal Certificate, and shall be entitled to apply to and receive from the Department a certificate of title and a registration card for the vehicle.
(C) The proceeds from the sale of an impounded motor vehicle shall be used to pay from the towing charge, storage charge and any costs incurred by the county in learning the identity of the vehicle owner and the holders of a security interest in the vehicle and in conducting the sale. The balance of the proceeds shall be held by the Director of Finance for the owner and paid to the owner upon satisfactory proof of ownership; provided, that the owner makes application for such proceeds within 90 days from the date of sale. If the owner fails to make timely application, the balance of the proceeds shall become the property of the county, and shall be deposited in the county general fund.
(D) Any personal property found in an impounded motor vehicle may be sold along with the sale of the vehicle.
(E) In addition to the sale as outlined in this section, the cost of removal and disposal for
inoperable motor vehicles shall be chargeable to the owner of the motor vehicle or the owner of the premises from which it was removed and may be collected by the county as taxes and levies are collected, and every cost authorized by this section assessed against the owner of the premises shall constitute a lien against the property from which the vehicle was removed, the lien to continue until actual payment of costs has been made to the county.
(F) After the sale at auction of any motor vehicle, the authorized county official shall notify the state Department of the disposition of the motor vehicle.
(Ord. passed 11-19-2013)