1145.06 NOTIFICATION OF VEHICLE OWNER AND LIEN HOLDERS.
   (a)    The enforcement agency which takes into custody and possession an abandoned motor vehicle or a junk motor vehicle shall, within seven days after taking custody and possession thereof, notify the last known registered owner of such motor vehicle and all lien holders 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 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 lien holders of record of their right to reclaim such motor vehicle within ten days after the date notice was received by the owner or lien holders 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 lien holders of record to exercise their right to reclaim such motor vehicle within such ten day period shall be deemed a waiver of the owner and lien holders 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 junk 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 junk 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 address of all lien holders, notice shall be published as a Class I legal advertisement in compliance with the provisions of West Virginia Code 59-3-1 et seq., and the publication area for such publication shall be the City wherein such motor vehicle was located at the time such enforcement agency took custody and possession thereof, 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 junk motor vehicles. The notice shall be published within ten 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)    The consequences and effect of failure to reclaim an abandoned motor vehicle or junk 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. 0-1-86. Passed 2-27-86.)