(A) (1) No person shall cause any vehicle to be an abandoned vehicle as described in divisions (B)(1), (2), (3) or (4) of this section.
(2) No person other than one authorized by the city 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) A motor vehicle is an abandoned vehicle:
(1) If left unattended, with no license plates or valid “In Transit” decals issued pursuant to Neb. RS 60-320 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 43 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) of this section. No motor vehicle subject to forfeiture under Neb. RS 28-431 shall be an abandoned vehicle under this division.
(C) If an abandoned vehicle, at the time of abandonment, has no license plates of the current year or valid “In Transit” decals issued pursuant to Neb. RS 60-320 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 city.
(D) (1) Except for vehicles governed by division (C) of this section, the city shall make an inquiry concerning the last-registered owner of an abandoned vehicle as follows:
(a) Abandoned vehicles 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 city 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 city 30 days after the date the notice was mailed.
(3) If the city is notified that a lien or mortgage exists, the notice described in division (D)(2) of this section shall also be sent to the lienholder 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 city:
(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 city will retain the vehicle; or
(c) If the last-registered owner cannot be ascertained, when notice of the fact is received.
(5) After title to the abandoned vehicle vests pursuant to division (D)(4) of this section, the city may retain for use, sell or auction the abandoned vehicle. If the city has determined that the vehicle should be retained for use, the city 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 city intends to retain the abandoned vehicle for its use and that title will vest in the city 30 days after publication.
(E) (1) If the city 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 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 by 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 city, shall be held by the city without interest, for the benefit of the owner or lienholders of the vehicle for a period of two years. If not claimed within the two-year period, the proceeds shall be paid into the General Fund of the city.
(G) Neither the owner, lessee, nor occupant of the premises from which any abandoned vehicle is removed, nor the city, shall be liable for any loss or damage to the vehicle which occurs; during its removal or while in the possession of the city 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 city for the costs of removal and storage of the vehicle.
(I) For purposes of this section, PUBLIC PROPERTY means any public right-of-way, street, highway, alley or park or other state-, county- or city-owned property; PRIVATE PROPERTY means any privately owned property which is not included within the definition of public property.
(J) Any person who violates the provisions of this section is guilty of an offense.
(Prior Code, § 6-340) Penalty, see § 10.99
Statutory reference:
Additional regulations, see Neb. RS 60-1901 through 60-1911