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or any part thereof, whenever he deems it proper so to do. Such owner, or his duly authorized representative, upon delivery of the motor vehicle, trailer or semi'trailer to him, shall sign a receipt for the same. The payment of cost herein set forth, or the release of any impounded motor vehicle, trailer or semi-trailer, without the payment of any and all of such costs, shall not operate to relieve the offender from liability of any fine or penalty for the violation of any law or ordinance on account of which the motor vehicle, trailer or semi-trailer was impounded. Section 23-239. Sale. Should the owner of any motor vehicle, trailer or semi- trailer fail or refuse to pay the charges and costs set forth in this Division, or should the identity or whereabouts of such owner be unknow~ or unascertainable after a diligent search has been made, and after to such owner at his last kno~n address and the holder of a lien of record in %he office of the Division of Motor Vehicles in Virginia against such motor vehicle, trailer or semi-t~ailer, the Chief of Police may, after holding such vehicle, trailer or semi- -trailer forty (40) days, and after due notice of sale, dispose of same at public sale and the proceeds of such sale shall be forwarded by him to the City Treasurer; provided, that if the value of such motor vehicle, trailer or semi- trailer is determined by three (3) disinterested dealers or garagemen to be less than One Hundred Fifty ($150.) Dollars, it may be disposed of by private sale or junked. The City Treasurer 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 satis- factory proof of ownership. If no claims has been made by the owner of the proceeds of such sale, after the payment of the above-mentioned costs, the funds, if any, shall be deposited to the General Fund of the City. Any such owner shall be entitled to apply to the City within three (3) years from the date of such sale, and if timely application is made therefor, the City shall pay the same to the owner without interest or other charges. No claim shall be made nor shall any suit, action or pr. oceeding be instituted for the recovery of s~ch funds after three (3) years from the date of such sale. 1981. This Ordinance shall take effect on November 10, Adopted by the Council of the City of Portsmouth, Virginia, at a meeting held November 10, 1981. Teste: City Clerk