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19820302 1982-10ORDINANCE NO. 1982-10 AN ORDINANCE ENACTING SECTION 13-27.1 OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA AUTHORIZING REMOVAL OR IMMOBILIZATION OF MOTOR VEHICLES AGAINST WHICH THERE ARE OUTSTANDING PARKING VIOLATIONS. BE IT ORDAINED by the City Council for the City of Fairfax, Virginia that a new section 13-27.1 of the Code of the City of Fairfax, Virginia be enacted to read in its entirety as follows: "Sec. 13-27.1. Removal or immobilization of motor vehicles against which there are outstanding parkin~ vi ol ations. a. Wl~eneve r there is found any motor vehicle parked upon a public street or highway or other public ground within the City against which there are three or more outstanding unpaid or otherwise unsettled parking violation notices, such vehicle may, under the direction of a city police officer, be removed or conveyed, by towing or otherwise, to a place in the city designated by the city police chief for the temporary storage of such vehicles, or such vehicle may be immobilized in such manner as to prevent its removal or operation except by authorized officers or members of the city police department. b. It shall be the duty of the police officer removing or immobilizing such motor vehicle or under whose direction such vehicle is removed or immobilized, to inform as soon as practicable the owner of record of the removed or immobilized vehicle of the nature and circumstances of the prior unsettled parking violation notices, for which or on account of which such vehicle was removed or immobilized. In any case involving immobilization of a vehicle under this section, there shall be placed on such vehicle, in a conspicuous manner, a notice warning that such vehicle has been immobilized and that any attempt to move such vehicle might result in damage thereto. 1982-10 -2- c. The owner of an immobilized vehicle, or other duly authorized person, shall be allowed not less than twenty-four (24) hours from the time of immobilization to repossess or secure the release of the vehicle. Failure to repossess or secure the release of an immobilized vehicle within the time period may result in the removal of such vehicle to a storage area for safekeeping under the direction of a police officer or member of the police department. d. The owner of such removed or immobi 1 ized motor vehicle, or other duly authorized person, shall be permitted to repossess or to secure the release of such vehicle by payment of outstanding parking violation notices for which the vehicle was removed or immobilized, all reasonable costs incident to immobilization, removal and storage of the vehicle, and all reasonable costs incident to efforts to locate the owner of the vehicle. Should the owner fail or refuse to pay such fines and costs, or should the identity or whereabouts of the owner be unknown and unascertainable, the motor vehicle may be sold in accordance with the procedures set forth in Section 46.1-3, Code of Virginia, as amended. This ordinance shall become effective: March 2, 1982 Introduced: February 16, 1982 Adopted: March 2, 1982 Mayo r ATTE ST: