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AN ORDINANCE TO AMEND THE CODE OF THE CITY OF <br />PORTSMOUTH, VIRGINIA, 1973, BY AMENDING SECTION 23-239, <br />PERTAINING TO THE R~4OVAL OF HAZARDOUS OR ILLEGALLY <br />PARKED VEHICLES- <br /> <br /> BE IT ORDAINED by the Council of the City of <br />Portsmouth, Virginia: <br /> 1. That Section 23-239 of the Code of the City of <br />Portsmouth, Virginia', 1973, be amended to read as <br />follows: <br /> <br />Section 23-239. Sale. <br /> Should the owner of any motor vehicle, trailer, or <br />semitrailer, fail or refuse to pay the charges and costs <br />set forth in this Division, or should the identity of <br />whereabouts of such owner be unknown or unassertainable <br />after a diligent search has been made, and after to such <br />owner at his last known address and the holder of a lien <br />of record in the office of the Department of Motor <br />Vehicles in Virginia against such motor vehicle, trailer <br />or semitrailer, the Chief of Police may, after holding <br />such vehicle, trailer or semitrailer thirty (30) days, <br />and after due notice of sale, dispose of same at public <br />sale and the proceeds of such sale shall be forwarded by <br />him to the City Treasurer; provided, that if the value <br />of such motor vehicle, trailer or semitrailer is <br />determined by three (3) disinterested dealers or <br />garagemen to be less than one hundred fifty dollars <br />($150.00), it may be disposed of by private sale or <br />junked. The City Treasurer shall pay from the proceeds <br />of the sale the cost of removal, storage, investigation <br />as to ownership and liens and notice of sale, and the <br />balance of such funds shall be held by him for the owner <br />and paid to the owner upon satisfactory proof of <br />ownership. <br /> <br /> If no claim~has been made by the owner of the <br /> proceeds of such sale, after the payment of the <br /> above-mentioned cosus, the funds, if any, shall be <br /> deposited to the General Fund Of the City. Any such <br /> owner shall be entitled to apply to the City within <br /> three (3) years from the date of such sale, and if <br /> timely application is made therefor, the City shall pay <br /> the same to the owner without interest or other charges. <br /> No claim shall be made nor shall any suit, action or <br /> proceeding be instituted for the recovery of such funds <br /> after three (3) years from the date of such sale. <br /> <br /> <br />