§ 82-5-41. Removal or immobilization of motor vehicles against which there are outstanding parking violations.

(a)

Any motor vehicle parked on a public highway or public ground against which there are three or more unpaid or otherwise unsettled parking violation notices may be removed, by towing or otherwise, to a place within Fairfax County or in an adjacent locality designated by the chief law-enforcement officer for the temporary storage of the vehicle, or the vehicle may be immobilized in a manner which will prevent its removal or operation except by authorized law-enforcement personnel.

(b)

Any motor vehicle parked upon private property, including privately owned streets and roads, may be removed or immobilized in the manner provided in paragraph (a) above, provided the following conditions are met:

(1)

No motor vehicle may be removed or immobilized from property that is owned or occupied as a single-family residence.

(2)

The owner of the property or an association of apartment or condominium owners formed pursuant to Va. Code §§ 55-79.1, et seq., or Va. Code §§ 55-79.39, et seq., has given written authorization to enforce this section.

(3)

The Fairfax County Board of Supervisors has provided written assurance to the property owner that he will be held harmless from all loss, damage or expense, including costs and attorney's fees, which may be incurred as a result of the removal or immobilization of the vehicle.

(c)

The removal or immobilization of the vehicle shall be by or under the direction of an officer or employee of the police department or sheriff's office.

(d)

The law-enforcement officer or employee removing or immobilizing the motor vehicle, or directing the removal or immobilization, shall inform as soon as practicable the owner of the removed or immobilized vehicle of the nature and circumstances of the unsettled parking violation notices for which the vehicle was removed or immobilized.

(e)

If the motor vehicle is immobilized, there shall be placed on the vehicle, in a conspicuous manner, a notice warning that the vehicle has been immobilized and that any attempt to move the vehicle might damage it.

(f)

The owner of an immobilized vehicle, or other person acting on his behalf, shall be allowed at least twenty-four hours from the time of immobilization to repossess or secure the release of the vehicle. Failure to repossess or secure the release of the vehicle within that time period may result in the removal of the vehicle to a storage area for safekeeping under the direction of law-enforcement personnel.

(g)

The owner of a removed or immobilized motor vehicle, or other person acting on his behalf, shall be permitted to repossess or to secure the release of the vehicle by payment of the outstanding parking violation notices for which the vehicle was removed or immobilized and by payment of all costs incidental to the immobilization, removal, and storage of the vehicle, and the efforts to locate the owner of the vehicle.

(h)

If the owner fails or refuses to pay the fines and costs identified in (g) above, 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 Va. Code § 46.2-1213, after giving notice to the owner at his last known address and to the holder of any lien of record with the office of the Virginia Department of Motor Vehicles. (20-02-82.)