HomeMy Public PortalAbout1976_09_08_O018 Amending the TC re Removal and Disposition of Unattended Vehicles TOWN OF LEESBURG
IN
LOUDOUN COUNTY, VIRGINIA
PRESENTED September 8t 1976
ORDINANCE NO. 76-0-18 ADOPTED September 8, 1976
AN ORDINANCE: REGARDING THE REMOVAL AND DISPOSITION OF UNATTENDED
VEHICLES GENERALLY
BE IT ORDAINED by the Council of the Town of Leesburg, Vir-
ginia, as follows:
SECTION I. That the Town Code is hereby amended by adding
a new section to be numbered Section 10-164, which shall read as
follows:
Section 10-164.
Removal and disposition of unattended ve-
hicles generally.
Whenever any motor vehicle, trailer or semitrailer is
found on the public streets or public grounds unattended
by the owner or operator and constitutes a hazard to
traffic or is parked in such manner as to be in viola-
tion of law or whenever any motor vehicle, trailer or
semitrailer is left unattended for more than ten days
upon any privately owned property other than the prop-
erty of the owner of such motor vehicle, trailer or
semitrailer, within the municipality, or is abandoned
upon such privately owned property, without the per-
mission of the owner, lessee or occupant thereof, any
such motor vehicle, trailer or semitrailer may be re-
moved for safekeeping by or under the direction of a
police officer to a storage garage or area; provided,
however, that no such vehicle shall be so removed from
privately owned premises without the written request
of the owner, lessee or occupant thereof. The person
at whose request such motor vehicle, trailer or semi-
trailer is removed from privately owned property shall
indemnify the municipality against any loss or expense
incurred by reason of removal, storage or sale thereof.
Each removal shall be reported immediately to the police
department, and notice thereof shall be given to the
owner of the motor vehicle, trailer or semitrailer as
promptly as possible.
(b)
The owner of such vehicle or trailer or semitrailer, be-
fore obtaining possession thereof, shall pay to the mu-
nicipality all reasonable costs incidental to the removal,
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storage and locating the owner of such motor vehicle,
trailer or semitrailer. Should such owner fail or re-
fuse to pay the cost or should the identity or where-
abouts of such owner be unknown or unascertainable
after a diligent search has been made, and after notice
to him at his last known address and to the holder of
any lien of record in the office of the division of
motor vehicles of this state against the motor vehicle,
trailer or semitrailer, the chief of police may, after
holding the motor vehicle, trailer or semitrailer sixty
days and after due notice of sale dispose of the same
at public sale and the proceeds from the sale shall be
forwarded by the chief of police to the municipal di-
rector of finance; provided, that if the value of such
motor vehicle, trailer or semitrailer be determined by
three disinterested dealers or garagemen to be less
than fifty dollars which would be incurred by such ad-
vertising and public sale it may be disposed of by pri-
vate sale or junked. The municipal director of finance
shall pay from the proceeds of sale the cost of removal,
storage, investigation as to ownership and liens and
notice of sale, and the balance of such funds shall be
held by him for the owner and paid to the owner upon
satisfactory proof of ownership.
SECTION II.
If no claim has been made by the owner for the proceeds
of such sale, after the payment of the abovementioned
cost of fifty dollars, the funds may be deposited to the
general fund or any special fund of the municipality.
Any such owner shall be entitled to apply to the munici-
pality within three years from the date of such sale
and if timely application is made therefor, the munici-
pality shall pay the same to the owner without interest
or other charges. No claim shall be made nor shall any
suit, action or proceeding be instituted for the re-
covery of such funds after three years from the date
of such sale.
That an emergency exists and this ordinance
shall be in full force and effect from and after its passage.
PASSED this 8th day of _ September , 1976.
ATTEST:
Clerk of C~ncil
e Newman, Mayor
Town of Leesburg