(A)
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 such 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;
5. If left for more than 30 days in the custody of a village law enforcement agency after the agency has sent a letter to the last-registered owner and lienholder under division (D) of this section; or
6. If removed from private property by the village pursuant to a village ordinance or this code.
(b) An all-terrain vehicle or minibike is an ABANDONED VEHICLE:
1. If left unattended for more than 24 hours on any public property, except a portion thereof on which parking is legally permitted;
2. If left unattended for more than 48 hours, after the parking of such vehicle has become illegal, if left on a portion of any public property on which parking is legally permitted;
3. 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;
4. If left for more than 30 days in the custody of a village law enforcement agency after the agency has sent a letter to the last-registered owner and lienholder under division (D) of this section; or
5. If removed from private property by the village pursuant to a village ordinance or this code.
(c) A mobile home is an ABANDONED VEHICLE if left in place on private property for more than 30 days after a local governmental unit, pursuant to an ordinance or resolution, has sent a certified letter to each of the last-registered owners and posted a notice on the mobile home, stating that the mobile home is subject to sale or auction or vesting of title as set forth in Neb. RS 60-1903.
(d) No motor vehicle subject to forfeiture under Neb. RS 28-431 shall be an ABANDONED VEHICLE under this section.
MOBILE HOME. A movable or portable dwelling constructed to be towed on its own chassis, connected to utilities, and designed with or without a permanent foundation for year-round living. It may consist of one or more units that can be telescoped when towed and expanded later for additional capacity, or of two or more units, separately towable but designed to be joined into one integral unit, and shall include a manufactured home as defined in Neb. RS 71-4603. MOBILE HOME does not include a mobile home or manufactured home for which an affidavit of affixture has been recorded pursuant to Neb. RS 60-169.
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 village-owned property.
(B) 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 $500 or less, title shall immediately vest in the village. Any certificate of title issued under this division to the village shall be issued at no cost to the village.
(C) (1) Except for vehicles governed by division (B) of this section, the village shall make an inquiry concerning the last-registered owner of such vehicle as follows:
(a) Abandoned vehicle with license plates affixed, to the jurisdiction which issued such license plates; or
(b) Abandoned vehicle with no license plates affixed, to the Department of Motor Vehicles.
(2) The village shall notify the last-registered owner, if any, and any lienholder, if any, within 15 business days 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 such notice was mailed; or
(b) Title will vest in the village 30 days after the date such notice was mailed.
(3) If the agency described in division (C)(1)(a) or (b) above also notifies the village that a lien or mortgage exists, such notice shall also be sent to the lienholder or mortgagee. Any person claiming such vehicle shall be required to pay the cost of removal and storage of such vehicle.
(4) Title to an abandoned vehicle, if unclaimed, shall vest in the village:
(a) Five days after the date the notice is mailed if the vehicle will be sold or offered at public auction under division (C)(2)(a) of this section;
(b) Thirty (30) days after the date the notice is mailed if the village will retain the vehicle; or
(c) If the last-registered owner cannot be ascertained, when notice of such fact is received.
(5) After title to the abandoned vehicle vests pursuant to division (C)(4) of this section, the village may retain for use, sell, or auction the abandoned vehicle. If the village has determined that the vehicle should be retained for use, the village 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 village intends to retain the abandoned vehicle for its use and that title will vest in the village 30 days after the publication.
(D) (1) If a village 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, if any, and lienholders, if any, within 15 calendar days stating that the vehicle is in the custody of the law enforcement 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 (D) 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.
(E) (1) A law enforcement agency is authorized to remove an abandoned or trespassing vehicle from private property upon the request of the private property owner on whose property the vehicle is located and upon information indicating that the vehicle is an abandoned or trespassing vehicle. After removal, the law enforcement agency with custody of the vehicle shall follow the procedures in Neb. RS 60-1902 and 60-1903.
(2) A law enforcement agency is authorized to contact a private towing service in order to remove an abandoned or trespassing vehicle from private property upon the request of the private property owner on whose property the vehicle is located and upon information indicating that the vehicle is an abandoned or trespassing vehicle. A vehicle towed away under this division is subject to Neb. RS 52-601.01 to 52-605 and 60-2410 by the private towing service which towed the vehicle.
(3) A private property owner is authorized to remove or cause the removal of an abandoned or trespassing vehicle from such property and may contact a private towing service for such removal. A private towing service that tows the vehicle shall notify, within 24 hours, the designated law enforcement agency in the jurisdiction from which the vehicle is removed and provide the registration plate number; the vehicle identification number, if available; the make, model, and color of the vehicle; the name of the private towing service; and the location, if applicable, where the private towing service is storing the vehicle. A vehicle towed away under this division is subject to Neb. RS 52-601.01 to 52-605 and 60-2410 by the private towing service that towed the vehicle.
(4) For purposes of this section, a trespassing vehicle is a vehicle that is parked without permission on private property that is not typically made available for public parking.
(F) If a state agency caused an abandoned vehicle described in division (A)(a)5. or (A)(b)4. under the definition of abandoned vehicle to be removed from public property in this village, the state agency shall be entitled to custody of the vehicle. If a state agency caused an abandoned vehicle described in division (A)(a)1., 2., 3., or 4. or (A)(b)1., 2., or 3. under the definition of abandoned vehicle to be removed from public property in this village, the state agency shall deliver the vehicle to the village which shall have custody.
(G) Any proceeds from the sale of an abandoned vehicle in the village's custody less any expenses incurred by the village shall be held by the village without interest, for the benefit of the owner or lienholders of such vehicle for a period of two years. If not claimed within such two-year period, the proceeds shall be paid into the general fund of the village.
(H) Neither the owner, owner's agent, owner's employee, lessee, nor occupant of the premises from which any abandoned vehicle is removed, nor the village, shall be liable for any loss or damage to such vehicle which occurs during its removal or while in the possession of the village or its contractual agent, while in the possession of a private towing service, or as a result of any subsequent disposition.
(I) No person shall cause any vehicle to be an abandoned vehicle as described in division (A)(a)1., 2., 3., or 4. or (A)(b)1., 2., or 3. under the definition of abandoned vehicle.
(J) No person other than one authorized by the village 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. Anyone violating this division shall be guilty of an offense.
(K) The last-registered owner of an abandoned vehicle shall be liable to the village for the costs of removal and storage of such vehicle.
(L) Any person violating the provisions of this section shall be guilty of an offense.
(1991 Code, § 6-318) (Ord. 535, passed 6-19-1997; Ord. 2019-9, passed 3-29-2019; Ord. 2021-44, passed 12-21-2021) Penalty, see § 133.99
Statutory reference:
For similar state law, see Neb. RS 60-1901, 60-1902, 60-1903, 60-1903.01, 60-1903.02, 60-1904, 60-1905, 60-1906, 60-1907, 60-1908, 60-1909, and 60-1911