(a) The Police Department which takes into custody and possession any motor vehicle described in Section 355.03 shall, within fifteen 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 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 or any lienholders of record of their right to reclaim such motor vehicle within ten days after the date the 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 aforesaid 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 aforesaid 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 W.Va. Code 59-3-1 et seq., and the publication area for such publication shall be Wood County. Such notice shall be sufficient to meet all requirements of notice pursuant to this article. Any notice by publication may contain multiple listings of the aforesaid motor vehicle. The notice shall be published within fifteen 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) hereof, except that the ten-day period shall run from the date such notice is published as aforesaid.
(c) If the Police Department hires any person or entity to take into custody and possession any such motor vehicle pursuant to this section then the Department shall notify the person or entity hired of the name and address of the registered owner of such motor vehicle, if known, and all lienholders of record, if any, within fifteen days after the vehicle is taken into custody and possession: Provided, that the requirements of this subsection shall not apply to motor vehicles for which the registered owner cannot be ascertained by due diligence or investigation.
(d) The consequences and effect of failure to reclaim an aforesaid 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.
(Ord. 0-1025. Passed 5-28-02.)