(A) Generally.
(1) The village, by its agents, is hereby authorized to remove or have removed any vehicle left within the corporate limits which reasonably appears to be in violation of this subchapter or is lost or stolen or unclaimed. Such vehicle shall be impounded until lawfully claimed or disposed of in accordance with the laws of the state; provided, however, that any vehicle left at any place other than on public property shall not be removed and impounded as provided in this section until notice shall have been given that the village shall remove the vehicle from the property after five days from the date of notice.
(2) Such notice shall be given by any of the following methods:
(a) Affixing written notice on such vehicle;
(b) Sending notice by mail to the owner of such vehicle at his or her last known address if the owner is reasonably ascertainable;
(c) By sending notice by mail to the person owning or occupying the property on which such vehicle is located; or
(d) By notifying the owner of the vehicle or owner or occupant of the property in person.
(3) Any Sheriff’s deputy or law enforcement officer may enter upon private property at all reasonable hours for the purpose of inspecting such vehicle, posting notice thereon and removing and impounding such vehicle.
(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 village law enforcement 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 law enforcement. Except for vehicles governed by division (B) above, the law enforcement 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 auction after five days from the date such notice was mailed. If such owner is notified that a lien or mortgage exists on said vehicle, such notice shall also be sent to the lien holder or mortgagee;
(3) Proceed to obtain the 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 by removed nor the village shall be liable for any loss or damage to such vehicle which occurs during its removal or while in 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 subchapter 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 Sheriff of such sum as he or she 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.
(Prior Code, § 6-321) (Ord. 460, passed 4-27-2005) Penalty, see § 132.99