(A) Generally.
(1) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED VEHICLE. A motor vehicle shall be deemed to be an abandoned vehicle if left unattended:
1. With no number plates affixed thereto, for more than six hours on any public property;
2. For more than 24 hours on any public property, except a portion thereof on which parking is legally permitted;
3. For more than 48 hours, after the parking of such vehicle shall have become illegal if left on a portion of public property on which parking is legally permitted; and/or
4. For more than seven days on private property if left initially without the permission of the owner, or after permission of the owner shall be terminated.
PRIVATE PROPERTY. Any private property, whether owner, tenant, occupant, lessee or otherwise.
PUBLIC PROPERTY. Any public right-of-way, street, highway, alley, park or other city-owned property.
(2) No person, firm, partnership, association, corporation or organization of any kind shall abandon any vehicle, as defined by Neb. RS 60-1901, within the city.
(3) No person in charge or control of any private property, whether as owner, tenant, occupant, lessee or otherwise, shall allow any partially dismantled, nonoperating, wrecked, junked or discarded vehicle to remain on such property longer than seven continuous days. Any vehicle described in this division (A)(3) shall be deemed to be an abandoned vehicle for purposes of this section.
(4) Vehicles in an enclosed building, appropriate storage pound or depository licensed by the city, or owned and being restored or repaired, with satisfactory progress being shown by the controller of the real property where said vehicle is located, is specifically hereby excluded from this division (A). This section shall not apply to the premises for which a permit to operate a junkyard has been obtained, nor shall it apply to the premises where a licensed motor vehicle dealer or a farm implement dealer conducts a business. It shall not apply to racing vehicles which are stored on licensed trailers.
(Prior Code, § 3-201)
(B) Enforcement. The city police shall remove or cause to be removed any abandoned vehicle. Such vehicle shall be impounded until lawfully claimed or disposed of, as provided in division (D) below; provided, that any such abandoned vehicle which is located on private property shall not be removed or impounded until the city police have given written notice of intent to remove said abandoned vehicle ten days prior thereto to the property owner upon whose property said abandoned vehicle is located. The city police may enter upon private property at all reasonable hours for the purpose of inspecting such abandoned vehicle, posting notice thereon and/or removing or impounding such abandoned vehicle. It shall be unlawful for any person to prevent the city police from entering on private property for the purpose of carrying out their duties. Neither the owner, lessee, occupant of the premises from which any abandoned vehicle shall be removed, nor the city shall be liable for any loss or damage to such abandoned vehicle which occurs during its removal, while in the possession of the city or as a result of any subsequent disposition.
(Prior Code, § 3-202)
(C) Notice.
(1) Except for vehicles automatically becoming the property of the city as set forth in division (E) below, the Board shall make an inquiry concerning the last registered owner of such abandoned vehicle as follows:
(a) Abandoned vehicles with numbered plates affixed, to the jurisdiction which issued said plates; or
(b) Abandoned vehicles with no numbered plates affixed, to the Department of Motor Vehicles.
(2) The city police shall notify the last registered owner, if any, that the vehicle in question has been recovered as an abandoned vehicle and that, if unclaimed, it will be sold at public auction after five days from the date that such notice was mailed. If the agency described in divisions (C)(1)(a) and (C)(1)(b) above also notifies the city police that a lien or mortgage exists, such notice shall also be sent to the lien holder or mortgagee. Any person claiming such vehicle shall be required to pay the cost of its removal and storage. In the event the owner does not appear within the time prescribed herein, or in the event that the owner cannot be determined, such abandoned vehicle shall be disposed of as hereinafter provided.
(Prior Code, § 3-203)
(D) Disposition. The city police shall sell said abandoned vehicle at public auction to the highest bidder within 60 days from the date that title to an abandoned vehicle is vested in the city as provided for in division (E) below. Such sale and the time and place thereof shall be advertised for one week in a newspaper of general circulation in the city. 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 of such abandoned vehicle for a period of two years. If not claimed within such two-year period, such proceeds shall be paid into the General Fund of the city.
(Prior Code, § 3-204)
(E) Transfer of title. If an abandoned vehicle at the time of abandonment has no numbered plates of the current year affixed and is of a wholesale value of $2,500 or less, taking into consideration the vehicle’s condition as determined by the city police, title shall immediately vest in the city and the city police is not required to follow division (C) above. With respect to those abandoned vehicles governed by division (C) above, title to such vehicles, if unclaimed, shall vest in the city five days from the date the notice referred to therein is mailed or, if the last registered owner cannot be determined, when notice of that fact is received by the city police. Upon the sale of an abandoned vehicle at auction, the city shall furnish the purchaser with the requisite affidavit to provide to the County Clerk where the vehicle was last registered that said vehicle was abandoned and became the property of the city prior to the sale.
(Prior Code, § 3-205)
Penalty, see § 133.99