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during process of removal. If any motor vehicle, trailer or semitrailer is about To be removed or is in process of being removed from the street or public grounds under the pro- visions of this Code and the owner thereof or hie agent appears and claims the motor vehicle, trailer or semitrailer, and agrees forthwith to remove it from such street, such motor vehicle, trailer or semitrailer shall be delivered to such owner or agent upon demand therefor and upon furnishing satisfactory evidence of identity and ownership or agency. If any such owner or agent shall fail, refuse or neglect to forthwith remove such motor vehicle, trailer or semi- trailer from such street or public grounds, such motor vehicle, trailer or semi- trailer shall he nevertheless removed from such street or public grounds. Section 2-71o8. Sale. Should the owner of any motor vehicle, trailer or Bemitrailer fail or refuse to pay the charges and costs set forth in this Cod~ or should the identity or wheresbouts of such owner be unknown or unascertainable after a diligent search has been made and after notice to such owner at his last known address and the holder of any lien of record in the office of the division of motor vehicles in Virginia against such motor vehicle, trailer or semitrailer, the Chief of Police may, after holding such motor vehicle, trailer or semitrailer ninety days, and after due notice of sale, dispose of the same a~ public sale and the proceeds of such sale shall he forwarded by him to the city treasurer. The city treasurer shall pay from such funds cost of removal, storage, investiga- tion as to ownership and liens, notice and sale, and the balance of such funds shall he held by him for the owner of such motor vehicle, trailer or semitrailer, and paid to the owner upon satisfactory proof o£ ownership, If no claim has been made by the owner for the proceeds of such sale, after the payment of the above-mentioned costs, the funds may be deposited to the general fund of the City. Any such owner shall be entitled to apply to the City within three 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 proceeding be instituted for the recovery of such funds after three years from the date of Adopted by the Council of the City of ~.o.,~3 , 1960. Portsmouth at a meeting held on Attest: City Clerk -g-