[HISTORY: Adopted by the City Council of the City of Seward
as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 6, Art. 3, § 6-359, of the 1976
Code]
(Neb. RS 60-1901 through 60-1911)
As used in this article, the following terms shall have the
meanings indicated:
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.[1]
Any privately owned property which is not included within
the definition of public property.
Any public right-of-way, street, highway, alley, or park
or other state, county, or municipally owned property.
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 (Neb.
RS 60-301 et seq.) 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 § 377-1.6 of this article; 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 minibike is an abandoned vehicle:[1]
(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 § 377-1.6; or
(5)
If
removed from private property by the municipality 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 municipality 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 § 377-1.5.[2]
D.
No motor vehicle subject to forfeiture under Neb. RS 28-431 shall
be an abandoned vehicle under this article.
(Neb. RS 60-1901)
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 $250 or less,
title shall immediately vest in the local authority or state agency
having jurisdiction thereof as provided in Neb. RS 60-1904. Any certificate
of title issued under this section to the local authority or state
agency shall be issued at no cost to such authority or agency. (Neb.
RS 60-1902)
A.
Except for vehicles governed by § 377-1.3 of this article, the municipality shall make an inquiry concerning the last-registered owner of an abandoned vehicle as follows:
B.
The municipality 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:
C.
If the municipality is notified that a lien or mortgage exists, the notice described in Subsection B of this section shall also be sent to the lien holder or mortgagee. Any person claiming such vehicle shall be required to pay the cost of removal and storage of such vehicle.
D.
Title to an abandoned vehicle, if unclaimed, shall vest in the municipality:
(1)
Five days after the date the notice is mailed if the vehicle will be sold or offered at public auction under Subsection B(1) this section;
(2)
Thirty days after the date the notice is mailed if the municipality
will retain the vehicle; or
(3)
If the last-registered owner cannot be ascertained, when notice
of such fact is received.
E.
After title to the abandoned vehicle vests pursuant to Subsection D of this section, the municipality may retain for use, sell, or auction the abandoned vehicle. If the municipality has determined that the vehicle should be retained for use, the municipality 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 municipality intends to retain the abandoned vehicle for its use and that title will vest in the municipality 30 days after publication.
(Neb. RS 60-1903)
A.
If the municipal 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
stating that the vehicle is in the custody of the agency, that the
vehicle is no longer needed for law enforcement purposes, and that
after 30 days the agency will dispose of the vehicle.
B.
This section shall not apply to motor vehicles subject to forfeiture
under Neb. RS 28-431.
C.
No storage fees shall be assessed against the registered owner of
a motor vehicle held in custody for investigatory purposes under this
section unless the registered owner or the person in possession of
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.
(Neb. RS 60-1903.01)
Any proceeds from the sale of an abandoned vehicle, less any
expenses incurred by the municipality, shall be held by the municipality,
without interest, for the benefit of the owner or lien holders 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 municipality. (Neb. RS 60-1905)
Neither the owner, lessee, nor occupant of the premises from
which any abandoned vehicle is removed, nor the municipality, shall
be liable for any loss or damage to such vehicle which occurs during
its removal or while in the possession of the municipality or its
contractual agent or as a result of any subsequent disposition. (Neb.
RS 60-1906)
The last-registered owner of an abandoned vehicle shall be liable
to the municipality for the costs of removal and storage of such vehicle.
(Neb. RS 60-1909)
[Amended 10-17-2000 by Ord. No. 46-00; 6-15-2010 by Ord. No. 13-10]
Any person who violates the provisions of this article is guilty
of an offense.
[Adopted as Ch. 6, Art. 3, § 6-360, of the 1976
Code; amended 7-2-1992 by Ord.
No. 18-92; 8-15-2006 by Ord. No. 18-06]
Any nonoperating, wrecked, junked or partially dismantled vehicle
or any vehicle or parts thereof which have lost their identity, character,
utility or serviceability which is allowed to remain on any property
within the City limits and its zoning jurisdiction longer than seven
calendar days is hereby declared a nuisance, and is subject to removal
as provided by this article. The lack of vehicle insurance and a current
license or registration shall be presumptive evidence that such vehicle
has lost its utility or serviceability.
It shall be unlawful for any owner or person in charge or control of any property within the City or its zoning jurisdiction to allow any motor vehicle or parts thereof, as described in § 377-2.1, to remain on such property longer than seven calendar days; provided that this section shall not apply to any motor vehicle or part thereof kept in an enclosed building on the premises of any business enterprise operated in a lawful place and manner, when necessary to the lawful operation of such business enterprise, any vehicle which is shielded from the general public view by a cover that is manufactured for vehicle coverage so as to make it completely shielded from sight, or any vehicle which qualifies as an historic or special interest vehicle as defined in Neb. RS 60-333 and 60-351. No vehicle cover with a tear of six inches or greater or hole of six inches in diameter or greater shall be deemed to be in compliance with this section.
It shall be the duty of the Police Department to investigate
all violations or complaints relating to this article, and the Police
Department is authorized to issue a citation to any person deemed
to be in violation of this article.
As an additional remedy, the City Administrator or his/her authorized
representative may investigate any complaints relating to the maintenance
of a nuisance as defined in this article.
Whenever the City Administrator shall determine that any motor
vehicle or part thereof is a nuisance as defined in this article,
he/she may notify by certified mail the owner or person in charge
or control of the property upon which the nuisance is being maintained
of his/her determination and issue an order commanding such person
to remove the nuisance within seven calendar days from the date the
certified letter was received and signed for by the owner or the person
in charge or control. Refusal or nondelivery of the certified mail
shall not abate the seven days.
If the owner or person in charge or control of said property
fails or refuses to comply with the order to remove the nuisance within
seven calendar days of acceptance of the notice thereof, the City
Administrator shall direct the appropriate City officials to remove
the vehicles.
In the event the owner, agent, occupant or person in possession,
charge or control of the real property shall fail to pay the costs
of removal and storage, the City may assess the actual cost thereof
against the real property in the same manner as other special taxes
for improvements are levied and assessed in an amount as determined
by the resolution of the City Council.
If such removed property is unclaimed after five days from the
date of removal, it may be sold at public auction and the proceeds
applied to the costs of removal. Any person claiming such property
shall be required to pay all costs incurred, including storage.
Any person who violates the prohibitions or provisions of this
article shall be deemed guilty of a violation. The penalty for such
violation shall be an amount not to exceed $500 for any one offense,
recoverable with costs, and in default of said payment the offender
shall stand committed to the County Jail until such fine and costs
are paid. Each period of 24 hours during or on which a violation occurs
or continues shall be deemed a separate offense.
