CHAPTER 75

An Act to amend and reenact § 46.1-8 of the Code of Virginia, relating
to the removal and disposition of unattended and abandoned vehicles
in counties, cities or towns. CH 46)

Approved February 24, 1960

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

§ 46.1-3. 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 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. Each removal shall be re-
ported immediately to a central office to be designated in the ordinance,
and notice thereof given to the owner of the motor vehicle, trailer or semi-
trailer as promptly as possible. The owner, before obtaining possession of
the motor vehicle, trailer or semitrailer, 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 the owner
fail or refuse to pay the costs or should the identity or whereabouts of
the owner be unknown and unascertainable after a diligent search has
been made, and after notice to the owner at his last known address and to
the holder of any lien of record in the office of the Division of Motor Ve-
hicles in Virginia against the motor vehicle, trailer or semitrailer, the of-
ficer 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 satisfac-
tory 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.