(A) The enforcement agency which takes into custody and possession an abandoned motor vehicle or junked motor vehicle shall, within seven days after taking custody and possession, 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:
(1) 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 mark;
(2) 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;
(3) 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
(4) 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 W. Va. Code Ch. 59, Art. 3 (W. Va. Code 59-3-1 et seq.); and the publication area for such publication shall be the county wherein such motor vehicle was located at the time such enforcement agency took custody and possession; and such notice shall be sufficient to meet all requirements of notice pursuant to this subchapter. 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 division (A) above, except that the ten-day period shall run from the date such notice is published.
(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 shall be set forth in such notice.
(Ord. passed 10-20-2020)