CHAPTER 204

An Act to amend and reenact § 46.1-3 of the Code of Virginia, relating
to removal and disposition of unattended or abandoned vehaetes. fun

Approved March 8, 1960

Be it enacted by the General Assembly of Virginia:
an That § 46.1-3 of the Code of Virginia be amended and reenacted as
ollows:

46.1-8. The governing body of any county, city or town is auth-
orized to provide by ordinance that 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 violation of law or whenever any motor vehicle, trailer
or semitrailer is left unattended for more than ten days upon any pri-
vately owned property other than the property of the owner of such
motor vehicle, trailer or semitrailer, within any such county, city or town,
or is abandoned upon such privately owned property, without the permis-
sion of the owner, lessee or occupant thereof, any such motor vehicle, trailer
or semitrailer may be removed 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. Any such ordi-
nance may also provide that the person at whose request such motor ve-
hicle, trailer or semitrailer is removed from privately owned property
shall indemnify such county, city or town against any loss or expense in-
curred by reason of removal, storage or sale thereof. Each removal shall
be reported immediately to a central office to be designated in the ordi-
nance, and notice thereof given to the owner of the motor vehicle, trailer
or semitrailer as promptly as possible. The owner of such vehicle or trailer
or semitrailer, before obtaining possession * thereof, shall pay to the
county, city or town all reasonable costs incidental to the removal, storage
and locating the owner of the motor vehicle, trailer or semitrailer. Should
* such owner fail or refuse to pay the cost or should the identity or where-
abouts of * such owner be unknown and 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 in Virginia against the motor vehicle, trailer or semi-
trailer, the officer designated by the governing body of the county, city or
town may, after holding the motor vehicle, trailer or semitrailer ninety
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 selling officer to the
treasurer or similar officer of the county, city or town. The treasurer or
similar officer 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.

If no claim has been made by the owner for the proceeds of such sale,
after the payment of the abovementioned cost, the funds may be deposited
to the general fund or any special fund of such county, city or town. Any
such owner shall be entitled to apply to the county, city or town within
three years from the date of such sale and if timely application is made
therefor, the said county, city or town 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 recovery of such funds
after three years from the date of such sale.