Article 6 - Abandoned Vehicles
ARTICLE 6 – ABANDONED VEHICLES
SECTION 4-601: DEFINITIONS
SECTION 4-602: ABANDONMENT OF VEHICLE PROHIBITED
SECTION 4-603: TITLE; VEST IN CITY; WHEN
SECTION 4-604: CITY; POWERS AND DUTIES
SECTION 4-605: CUSTODY; WHO ENTITLED
SECTION 4-606: PROCEEDS OF SALE; DISPOSITION
SECTION 4-607: LIABILITY FOR REMOVAL
SECTION 4-608: DESTROY, DEFACE, OR REMOVE PARTS
SECTION 4-609: COSTS OF REMOVAL AND STORAGE
SECTION 4-601: DEFINITIONS
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 law enforcement agency after the agency has sent a letter to the last registered owner under Neb. Rev. Stat. §60-1903.01; or
6. If removed from private property by the city pursuant to a municipal ordinance.
B. An all-terrain vehicle, a utility-type vehicle, or a mini-bike 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 law enforcement agency after the agency has sent a letter to the last registered owner under Neb. Rev. Stat. §60-1903.01; or
5. If removed from private property by the city pursuant to a municipal ordinance.
C. A mobile home is an abandoned vehicle if left in place on private property for more than 30 days after the city, 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. Rev. Stat. §60-1903.
D. For purposes of this section:
1. “Mobile home” means 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. Rev. Stat. §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. Rev. Stat. §60-169;
2. “Public property” means any public right of way, street, highway, alley, or park or other state, county, or municipally owned property; and
3. “Private property” means any privately owned property which is not included within the definition of public property.
E. No motor vehicle subject to forfeiture under Neb. Rev. Stat. §28-431 shall be an abandoned vehicle under this section. (Neb. Rev. Stat. §60-1901)
SECTION 4-602: ABANDONMENT OF VEHICLE PROHIBITED
No person shall cause any vehicle to be an abandoned vehicle as described in subdivision (A)(1), (2), (3), or (4) or (B)(1), (2), or (3) of Neb. Rev. Stat. §60-1901. (Neb. Rev. Stat. §60-1907)
SECTION 4-603: TITLE; VEST IN CITY; WHEN
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. Rev. Stat. §60-376 affixed and is of a wholesale value, taking into consideration the condition of the vehicle, of $250.00 or less, title shall immediately vest in the city as provided in Neb. Rev. Stat. §60-1904. Any certificate of title issued under this section to the city shall be issued at no cost. (Neb. Rev. Stat. §60-1902)
SECTION 4-604: CITY; POWERS AND DUTIES
A. Except for vehicles governed by Neb. Rev. Stat. §60-1902, the city shall make an inquiry concerning the last registered owner of such vehicle as follows:
1. Abandoned vehicle with license plates affixed, to the jurisdiction which issued such license plates; or
2. Abandoned vehicle with no license plates affixed, to the Department of Motor Vehicles.
B. The city shall notify the last registered owner, if any, that the vehicle in question has been determined to be an abandoned vehicle and that, if unclaimed, either (1) it will be sold or will be offered at public auction after five days from the date such notice was mailed or (2) title will vest in the city 30 days after the date such notice was mailed. If the agency described in subdivision (A)(1) or (2) of this section also notifies the city 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.
C. Title to an abandoned vehicle, if unclaimed, shall vest in the city (1) five days after the date the notice is mailed if the vehicle will be sold or offered at public auction under subdivision (B)(1) of this section, (2) 30 days after the date the notice is mailed if the city will retain the vehicle, or (3) if the last registered owner cannot be ascertained, when notice of such fact is received.
D. After title to the abandoned vehicle vests pursuant to subsection (C) of this section, the city may retain for use, sell, or auction the abandoned vehicle. If the city has determined that the vehicle should be retained for use, the city 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 city intends to retain the abandoned vehicle for its use and that title will vest in the city 30 days after the publication. (Neb. Rev. Stat. §60-1903)
SECTION 4-605: CUSTODY; WHO ENTITLED
The city shall be entitled to custody of an abandoned vehicle found within the city. (Neb. Rev. Stat. §60-1904)
SECTION 4-606: PROCEEDS OF SALE; DISPOSITION
Any proceeds from the sale of an abandoned vehicle less any expenses incurred by the city shall be held by it 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 city. (Neb. Rev. Stat. §60-1905)
SECTION 4-607: LIABILITY FOR REMOVAL
Neither the city nor the owner, lessee, nor occupant of the premises from which any abandoned vehicle is removed shall be liable for any loss or damage to such vehicle which occurs during its removal or while in the possession of the city or its contractual agent or as a result of any subsequent disposition. (Neb. Rev. Stat. §60-1906)
SECTION 4-608: DESTROY, DEFACE, OR REMOVE PARTS
No person other than one authorized by the city 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 section shall be guilty of a Class V misdemeanor. (Neb. Rev. Stat. §60-1908)
SECTION 4-609: COSTS OF REMOVAL AND STORAGE
The last registered owner of an abandoned vehicle shall be liable to the city for the costs of removal and storage of such vehicle. (Neb. Rev. Stat. §60-1909)