§ 25-595. Notice of removal.  


Latest version.
  • (1)

    Within fifteen (15) days after a motor vehicle is removed under this article, the person in charge of the vehicle compound shall notify, by registered or certified mail, return receipt requested, the owner of record of the motor vehicle and all persons having security interests therein of record that the vehicle has been taken into custody. The notice shall describe the year, make, model and the serial number of the motor vehicle, set forth the location of the facility where the motor vehicle is being held, inform the owner and any persons having security interests of their right to reclaim the motor vehicle within fifteen (15) days after the date of notice, upon payment of all towing, preservation and storage charges resulting from placing the vehicle in custody, and state that the failure of the owner or person having a security interest to exercise his right to reclaim the vehicle within the time provided shall be deemed a waiver by the owner and all persons having any security interests of all right, title and interest in the vehicle and consent to the sale of the abandoned motor vehicle at a public auction. Notwithstanding the above, those motor vehicles, trailers or semitrailers which have been towed pursuant to this article shall be held at least twenty (20) days prior to sale where the towing was from private property.

    (2)

    If records of the state division of motor vehicles contain no address for the owner or no address of any person shown by such records to have a security interest, or if the identity and addresses of the owner and all persons having security interests cannot be determined with reasonable certainty, notice by publication once in a newspaper of general circulation in the area from which the motor vehicle was removed shall be sufficient to meet all requirements of notice pursuant to this section as to any person who cannot be notified pursuant to the provisions of subsection (1) of this section. Such notice by publication may contain multiple listings of motor vehicles. Any such notice shall be within the time requirements prescribed for notice by mail and shall have the same contents required for a notice by mail.

    (3)

    The consequences and the fact of failure to reclaim a motor vehicle shall be as set forth in a notice given in accordance with and pursuant to this section.

    (Code 1958, §§ 29-739, 29-743.2; Ord. No. 34,601, § 1, 7-14-87; Ord. No. 42,068, § 2, 10-25-05)

    State Law reference— Similar provisions, Code of Virginia, § 46.1-555.4.

(Code 1958, §§ 29-739, 29-743.2; Ord. No. 34,601, § 1, 7-14-87; Ord. No. 42,068, § 2, 10-25-05)

State law reference

Similar provisions, Code of Virginia, § 46.1-555.4.