(A) Impoundment. Any law enforcement officer is hereby authorized to remove or have removed any vehicle left at any place within the village or on any village property within or without the corporate limits which reasonably appears to be abandoned as defined in § 91.20 or reasonably appears to be unlicensed or inoperable as defined in § 91.21 or which is in violation of Chapter 72 of this code of ordinances. Any such vehicle shall be impounded until lawfully claimed and disposed of in accordance with this section.
(B) Towing and storage fee. There is hereby established a towing fee of $50 for all vehicles impounded by the village pursuant to this section. In addition, there shall be a storage fee of $10 per day, or any portion thereof for outside storage, and $20 per day or any portion thereof for inside storage while the vehicle remains in storage. In the event that a private towing company is hired to tow the illegally parked, abandoned, wrecked, discarded, inoperable, or unlicensed vehicles, the towing and storage fee shall be the amount charged by the private towing company. All towing and storage fees shall be a lien on the vehicle and shall be paid prior to its release to the person entitled to lawful possession of such vehicle.
(C) Disposition of impounded vehicles.
(1) Within three business days of the impoundment of any vehicle pursuant to this section, the village shall cause notice of the impoundment to be given to the last title holder of said vehicle as determined by the Nebraska Department of Motor Vehicle records. The notice shall be sent by ordinary first-class mail and shall advise the owner that unless the vehicle is claimed within five days from the date of the notice it will be sold at public auction. The vehicle shall be released to the lawful owner upon presentation to the village the certificate of title indicating that the person claiming the vehicle is the lawful owner and upon payment of all impoundment, towing, and storage charges.
(2) In the event that the vehicle is not claimed within five days from the date notice is sent and all impoundment, towing and storage fees paid, the vehicle shall be sold by the village at public auction. Any proceeds of the sale shall be first applied to the costs of impoundment, towing, and storage. Any excess shall be applied to any lien holders and the balance, if any, shall be paid to the lawful owner. Title to any vehicle unclaimed shall immediately vest in the village. In the event there are excess sale proceeds after lien holders and the lawful owner are unknown, the village shall hold the excess for two years and if still unclaimed at said time, the proceeds shall be paid into the village’s General Fund.
(1996 Code, § 6-310) (Ord. 96-8, passed 9-3-1996; Ord. 2017-25, passed 7-11-2017)