(A) If any vehicle impounded and stored under the provisions of this chapter is not claimed by the owner, operator, or other person entitled to the possession thereof within 30 days from and after the date the same is impounded, such vehicle may be sold at public auction by the Chief of Police of the town or by the persons storing the same under provisions of this chapter, but before any such sale shall be made, ten days’ notice of the date, place, and purpose of such sale with a description of the vehicle to be sold shall be served upon the owner of record of such vehicle by registered mail at his or her last known address, and like notice of such sale shall be sent to the Chief of Police or the person storing the vehicle, as appropriate, and a notice of sale shall be published once each week for two successive weeks prior to the date of such sale in a newspaper of general circulation in the town. If the owner of any such vehicle is unknown, then no notice to such owner shall be necessary, but the newspaper publication shall be made and the facts with regard to ownership of the vehicle set forth in such notice.
(B) In the making of any sale hereunder, the Chief of Police may continue the same by verbal announcement at the time and place of such sale, and in the making of any such sale of any such vehicle, he or she may act by agent or attorney.
(C) The proceeds from any such sale of any such vehicle shall be applied, first, to the cost of such sale; second, to the hauling, towing, and storage charges thereof; third, to the payment of any fine and costs incurred by reason of any violation of the provisions of this Traffic Code or other ordinance of the town; and fourth, to the payment of any bona fide lien owner who intervenes or establishes a bona fide claim to such sum. Any balance remaining shall be paid to the owner of such vehicle, if he or she is known, or if unknown, shall be paid to the general receiver of the County Circuit Court, to be disposed of by him or her as provided by state law. In the event that no person shall claim any such funds in the hands of the general receiver for a period of 20 days, the principal of such fund together with the interest thereon shall be paid into the General Fund of the town by the general receiver in such notice.
(Prior Code, § 307.07) (Ord. 12-001, passed 7-9-2012; Ord. 2020-001, passed 2-28-2020)
Statutory reference:
Generally, see W. Va. Code § 17-24A-5