(A) Notice to remove for private property. Notice of removal may be given to the owner or occupant of the private property upon which such vehicle is located and such notice shall request that said vehicle be removed from said property within 30 days of the date of said notice, and the notice shall advise that upon failure to comply with the notice to remove, the village or its designee may issue a citation or shall undertake such removal with the cost of removal to be levied against the owner of the vehicle or the owner or occupant of the property.
(B) Removal after notice.
(1) Upon the notice to remove, the owner of the vehicle and the owner or occupant of the private property on which the same is located, either or all of them, shall be responsible for its removal. In the event of removal and disposition by the village, the owner or occupant of the private property where the same is located shall be liable for the expenses incurred.
(2) If the violation described in the notice has not been remedied within the 30-day period of compliance, the nuisance officer or his or her designee shall have the right to take possession of said vehicle and remove it from the premises. It shall be unlawful for any person to interfere with, hinder or refuse to allow such person or persons to enter upon private property for the purpose of removing a vehicle under the provisions of this section.
(C) Valuation and title. If an abandoned vehicle, at the time of abandonment, has no number plates of the current year affixed and is of a wholesale value, taking into consideration the condition of the vehicle, of $250 or less, title shall immediately be vested in the village.
(D) Duties of nuisance officer. Except for vehicles governed by division (C) above, the nuisance officer or designated official shall:
(1) Make an inquiry concerning the last registered owner of such vehicle;
(2) 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 action after five days from the date such notice was mailed. (If the village is notified that a lien or mortgage exists on said vehicle, such notice shall also be sent the lien holder or mortgagee); and
(3) Proceed to obtain title of the abandoned vehicle in the village’s name, pursuant to Neb. RS 60-1903.
(E) Proceeds of sale; disposition. Any proceeds from the sale of an abandoned vehicle less any expenses incurred by the village shall be held by the village without interest, for the benefit of the owner of such 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 village.
(F) Liability for removal. Neither the owner, lessee, nor occupant of the premises from which any abandoned vehicle shall be 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, or as a result of any subsequent disposition.
(G) Cost of removal and storage. The last registered owner of an abandoned vehicle shall be liable to the village for the costs of removal and storage of such vehicle.
(H) Redemption of impounded vehicles. The owner of any vehicle seized under the provisions of this section may redeem such vehicle at any time after its removal but prior to the sale or destruction thereof upon proof of ownership, presentment of a valid registration certificate, current license plates and payment to the nuisance officer or designated official of such sum as said officer/official may determine and fix for the actual and reasonable expense of removal and any preliminary sale advertising expenses, including a reasonable amount for storage for each vehicle redeemed.
(Ord. 575, passed 7-24-2013) Penalty, see § 91.99