H. B. 2736
(By Delegates Amores and Rowe)
[Introduced January 14, 1998; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section eight, article twenty-four,
chapter seventeen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to abandoned
automobiles; and providing that an enforcement agency may
apply for and receive title and registration for an
abandoned automobile.
Be it enacted by the Legislature of West Virginia:
That section eight, article twenty-four, chapter seventeen
of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted to read as
follows:
ARTICLE 24. DISPOSAL OF ABANDONED MOTOR VEHICLES, JUNKED
MOTOR VEHICLES, OLD VEHICLE TIRES AND ABANDONED
OR INOPERATIVE HOUSEHOLD APPLIANCES.
§17-24-8. Abandoned or junked motor vehicles; notification to
motor vehicle owner and lienholder; charges and
fees; exceptions.
(a) The enforcement agency which takes into custody and
possession an abandoned motor vehicle or junked motor vehicle
shall, within seven days after taking custody and possession
thereof, notify the last known registered owner of such the motor
vehicle and all lienholders of record that such the motor vehicle
has been taken into custody and possession, such the notification
to be by registered or certified mail, return receipt requested.
The notice shall:
(1) Contain a description of such the motor vehicle, including
the year, make, model, manufacturer's serial or identification
number or any other number which may have been assigned to such
the motor vehicle by the commissioner of motor vehicles and any
distinguishing marks;
(2) Set forth the location of the facility where such the
motor vehicle is being held and the location where such the motor
vehicle was taken into custody and possession;
(3) Inform the owner and any lienholders of record of their
right to reclaim such the motor vehicle within ten days after the
date notice was received by the owner or lienholders, upon
payment of all towing, preservation and storage charges resulting from taking and placing such the motor vehicle into custody and
possession; and
(4) State that the failure of the owner or lienholders of
record to exercise their right to reclaim such the motor vehicle
within such a ten-day period shall be deemed is considered a
waiver by the owner and all lienholders of record of all right,
title and interest in such the motor vehicle and of their consent
to the sale or disposal of the abandoned motor vehicle or junked
motor vehicle at a public auction or to a licensed salvage yard
or demolisher.
(b) If the identity of the last registered owner of the
abandoned motor vehicle or junked motor vehicle cannot be
determined, or if the certificate of registration or certificate
of title contains no address for the owner, or if it is
impossible to determine with reasonable certainty the identity
and addresses of all lienholders, notice shall be published as a
Class I legal advertisement in compliance with the provisions of
article three, chapter fifty-nine of this code, and the
publication area for such the publication shall be the county
wherein such the motor vehicle was located at the time such the
enforcement agency took custody and possession thereof, and such
the notice shall be sufficient to meet all requirements of notice
pursuant to this article. Any notice by publication may contain multiple listings of abandoned motor vehicles and junked motor
vehicles. The notice shall be published within seven days after
such the motor vehicle is taken into custody and possession and
shall have the same contents required for a notice pursuant to
subsection (a) of this section, except that the ten-day period
shall run from the date such the notice is published as
aforesaid.
(c) An enforcement agency which hires any person or entity to
take into custody and possession an abandoned or junked motor
vehicle pursuant to this section shall notify such the person or
entity of the name and address of the registered owner of the
motor vehicle, if known, and all lienholders of record, if any,
within seven days after the vehicle is taken into custody and
possession: Provided, That the requirements of this subsection
shall may not apply to motor vehicles for which the registered
owner thereof cannot be ascertained by due diligence or
investigation.
(d) The person or entity hired by an enforcement agency to
take into custody or possession an abandoned or junked motor
vehicle shall, within fifteen days after such the possession,
notify the registered owner of such the vehicle and all
lienholders of record if any, as identified by the enforcement
agency pursuant to subsection (c) herein, by registered mail, return receipt requested, of the location of the facility where
the motor vehicle is being stored and of such the owner's
liability for all towing, preservation and storage charges for
such motor vehicle. Upon the issuance of such the notice, the
identified owner of the motor vehicle shall be liable and
responsible for all costs for towing, preservation and storage of
the motor vehicle: Provided, That failure to issue the notice
required by this subsection within fifteen days after possession
of the motor vehicle shall relieve the identified owner of the
motor vehicle of any liability for charges for towing,
preservation and storage in excess of the sum of the first five
days of such the charges: Provided, however, That the
requirements of this subsection shall may not apply to motor
vehicles for which the registered owner thereof cannot be
ascertained by due diligence or investigation.
(e) Upon the payment of required fees, the enforcement agency
may file application for and receive from, the department, a
certificate of title and registration to an abandoned or junked
motor vehicle in the event of the existence of any of the
following: (1) The motor vehicle is not claimed by the owner or
a lienholder after notice has been provided within the time
limits set forth in subsection (d) of this section; (2) the
identity of lienholders or the last registered owner of the abandoned or junked motor vehicle cannot reasonably be
ascertained; (3) the certificate of registration or certificate
of title contains no address for the owner and, it is impossible
to determine with reasonable certainty the identity or address of
any lienholder after notice by publication, as set forth in
subsection (b) of this section.
Upon receipt of the title and registration, the enforcement
agency may sell the motor vehicle or any part thereof at private
sale or public auction.
NOTE: The purpose of this bill is to provide that enforcement
agencies may obtain registration and title for abandoned vehicles
if they cannot determine the identity of owners and lienholders.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that
would be added.