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(A) If an abandoned motor vehicle or junked motor vehicle is not reclaimed as provided for in § 91.078, the enforcement agency in possession of the abandoned motor vehicle or junked motor vehicle 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 enforcement agency which disposed of such motor vehicle. 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 W. Va. Code Ch. 17A, Art. 3 (W. Va. Code 17A-3-1 et seq.). The purchaser at the auction must place such motor vehicle in the possession of a licensed salvage yard or demolisher within 20 days from the date he or she purchased such motor vehicle, and the licensed salvage yard or demolisher must demolish, wreck, or dismantle such motor vehicle; and if such licensed salvage yard or demolisher does not demolish such vehicle, such licensed salvage yard or demolisher shall be required to pay all fees and taxes required under W. Va. Code Ch. 17A, Art. 3 (W. Va. Code 17A-3-1 et seq.).
(B) When an enforcement agency has in its custody and possession old vehicle tires or inoperative or abandoned household appliances collected in accordance with § 91.075, it shall sell such property from time to time at public auction or to a licensed salvage yard or demolisher.
(Ord. passed 10-20-2020)
(A) From the proceeds of the sale pursuant to § 91.077, the Police Department shall reimburse itself for any expenses it may have incurred in conducting the auction, any costs of towing, preserving, and storing the vehicle which resulted from placing the abandoned vehicle in custody and all notice and publication costs incurred pursuant to this subchapter.
(B) Any remainder from the proceeds of sale after payment of these costs shall be held for the last registered owner of the vehicle or entitled lienholder for 90 days, after which time, if no owner or lienholder claims the remainder, it shall be deposited in the city treasury to be kept and maintained as a special revolving account designated as the abandoned vehicle disposal account; and any money so collected and deposited shall be used solely by the Police Department for the payment of auction, towing, preserving, storage, and all notice and publication costs which result from placing other abandoned vehicles in custody, whenever the proceeds from a sale of those abandoned vehicles are insufficient to meet these expenses and costs.
(C) The abandoned vehicle disposal account shall be under the direction and control of the Finance Director, who shall assure that all money is properly deposited in the account by the Police Department and that any money necessary to pay costs and expenses of those sales, as specified in division (B), are disbursed in accordance with required accounting procedures applicable to law enforcement agencies selling an abandoned vehicle.
(D) The abandoned vehicle disposal account shall never be maintained in excess of the amount necessary to efficiently and properly carry out the intentions of this subchapter, and in no event shall the abandoned vehicle disposal account be maintained in excess of the sum of $5,000, or other amount deemed appropriate by the Municipal Court; and whenever the abandoned vehicle disposal account exceeds that amount, the City Treasurer shall transfer the excess to the General Revenue Fund.
(Ord. passed 10-20-2020)
In addition to all other remedies provided for in this subchapter, the City Attorney may apply to the circuit court for an injunction to restrain, prevent, or abate the maintenance and storage of abandoned motor vehicles, junked motor vehicles, old vehicle tires, or inoperative or abandoned household appliances which are in violation of any provision of this subchapter, or for the violation of any other provision of this subchapter.
(Ord. passed 10-20-2020)
(A) Any person violating any provisions of this chapter for which no other penalty is provided shall be subject to the provisions of § 10.99.
(B) Any person violating any of the provisions of §§ 91.070 through 91.079 shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding $500, or other amount deemed appropriate by the Municipal Court, or by imprisonment not exceeding 30 days, or by both such fine and imprisonment. Each day such violation of any provision of §§ 91.070 through 91.079 shall continue shall constitute a separate offense. In addition to these penalties, any person convicted of a misdemeanor under this division (B) shall have his or her license revoked pursuant to the provisions of §§ 91.070 through 91.079.
(Ord. passed - -)