(A) (1) No person shall cause any vehicle to be an abandoned vehicle as described in division (B) of this section.
(2) No person other than one authorized by the municipality or appropriate state agency shall destroy, deface or remove any part of a vehicle which is left unattended on a highway or other public place without license plates affixed or which is abandoned.
(B) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED VEHICLE.
(a) A motor vehicle is an ABANDONED VEHICLE:
1. If left unattended, with no license plates or valid “in transit” stickers issued pursuant to the Motor Vehicle Registration Act affixed thereto, for more than six hours on any public property;
2. If left unattended for more than 24 hours on any public property, except a portion thereof on which parking is legally permitted;
3. If left unattended for more than 48 hours after the parking of the vehicle has become illegal, if left on a portion of any public property on which parking is legally permitted;
4. If left unattended for more than seven days on private property if left initially without permission of the owner, or after permission of the owner is terminated; or
5. If left for more than 30 days in the custody of a law enforcement agency after the agency has sent a letter to the last registered owner under division (E) below.
(b) No motor vehicle subject to forfeiture under Neb. RS 28-431 shall be an ABANDONED VEHICLE under this division (B).
PRIVATE PROPERTY. Any privately owned property which is not included within the definition of public property.
PUBLIC PROPERTY. Any public right-of-way, street, highway, alley or park, or other state, county or municipally owned property.
(C) If an abandoned vehicle, at the time of abandonment, has no license plates of the current year or valid “in transit” stickers issued pursuant to Neb. RS 60-376 affixed and is of a wholesale value, taking into consideration the condition of the vehicle, of $250 or less, title shall immediately vest in the municipality.
(D) (1) Except for vehicles governed by division (C) above, the municipality shall make an inquiry concerning the last registered owner of an abandoned vehicle as follows:
(a) Abandoned vehicle with license plates affixed, to the jurisdiction which issued the license plates; or
(b) Abandoned vehicle with no license plates affixed, to the Department of Motor Vehicles.
(2) The municipality shall notify the last registered owner, if any, that the vehicle in question has been determined to be an abandoned vehicle and that, if unclaimed, either:
(a) It will be sold or will be offered at public auction after five days from the date the notice was mailed; or
(b) Title will vest in the municipality 30 days after the date the notice was mailed.
(3) If the municipality is notified that a lien or mortgage exists, the notice described in division (D)(2) of this section shall also be sent to the lien holder or mortgagee. Any person claiming the vehicle shall be required to pay the cost of removal and storage of the vehicle.
(4) Title to an abandoned vehicle, if unclaimed, shall vest in the municipality:
(a) Five days after the date the notice is mailed if the vehicle will be sold or offered at public auction under division (D)(2)(a) of this section;
(b) Thirty days after the date the notice is mailed if the municipality will retain the vehicle; or
(c) If the last registered owner cannot be ascertained, when notice of that fact is received.
(5) After title to the abandoned vehicle vests pursuant to division (D)(4) of this section, the municipality may retain for use, sell, or auction the abandoned vehicle. If the municipality has determined that the vehicle should be retained for use, the municipality shall, at the same time that the notice, if any, is mailed, publish in a newspaper of general circulation in the jurisdiction an announcement that the municipality intends to retain the abandoned vehicle for its use and that title will vest in the municipality 30 days after publication.
(E) (1) If the municipal law enforcement agency has custody of a motor vehicle for investigatory purposes and has no further need to keep it in custody, it shall send a certified letter to each of the last registered owners stating that the vehicle is in the custody of the agency, that the vehicle is no longer needed for law enforcement purposes, and that after 30 days the agency will dispose of the vehicle.
(2) This division shall not apply to motor vehicles subject to forfeiture under Neb. RS 28-431.
(3) No storage fees shall be assessed against the registered owner of a motor vehicle held in custody for investigatory purposes under this division (E) unless the registered owner or the person in possession of the vehicle when it is taken into custody is charged with a felony or misdemeanor related to the offense for which the law enforcement agency took the vehicle into custody. If a registered owner or the person in possession of the vehicle when it is taken into custody is charged with a felony or misdemeanor but is not convicted, the registered owner shall be entitled to a refund of the storage fees.
(F) Any proceeds from the sale of an abandoned vehicle, less any expenses incurred by the municipality, shall be held by the municipality without interest, for the benefit of the owner or lien holders of the vehicle, for a period of two years. If not claimed within that two-year period, the proceeds shall be paid into the General Fund of the municipality.
(G) Neither the owner, lessee, nor occupant of the premises from which any abandoned vehicle is removed, nor the municipality, shall be liable for any loss or damage to the vehicle which occurs during its removal or while in the possession of the municipality or its contractual agent or as a result of any subsequent disposition.
(H) The last registered owner of an abandoned vehicle shall be liable to the municipality for the costs of removal and storage of the vehicle.
(I) Any person who violates the provisions of this section is guilty of an offense.
(Prior Code, § 6-306) (Ord. 247, passed 9-5-2006) Penalty, see § 130.99
Statutory reference:
Related provisions, see Neb. RS 60-1901, 60-1902, 60-1903, 60-1903.01, 60-1905, 60-1906, 60-1907, 60-1908, 60-1909