City of Papillion, NE Chapter 184 Abandoned Vehicles

[HISTORY: Adopted by the City Council of the City of Papillion as Sec. 6-308 of the 1990 Code; amended in its entirety by 5-2-2023 by Ord. No. 1994[1]. Subsequent amendments noted where applicable.]

[1] Editor's Nite: This ordinance also changed the title of Chapter 184 from "Vehicles, Abandoned and Junked" to "Abandoned Vehicles."

§ 184-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ABANDONED VEHICLE

Shall be defined as follows, except as such definition may be hereafter amended by Neb. Rev. Stat. § 60-1901:

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 and lienholder 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 minibike 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 and lienholder under Neb. Rev. Stat. section 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.

PRIVATE PROPERTY

Any privately owned property which is not included within the definition of public property.

PUBLIC PROPERTY

Any public right-of-way, street, highway, alley, park or other state, county or municipally owned property.

§ 184-2 Abandoned vehicles prohibited; removal.

It shall be unlawful, and is hereby deemed a nuisance, for any person or entity to park, store, deposit, or otherwise place an abandoned vehicle on any public or private property within the City. The City or its authorized agent may tow an abandoned vehicle to a location chosen by the City.

§ 184-3 Abandoned vehicle notice and disposition.

A. 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 state law, and is of a wholesale value, taking into consideration the condition of the vehicle, of $500 or less, title shall immediately vest in the City pursuant to Neb. Rev. Stat. § 60-1901 et seq.

B. In the event that the abandoned vehicle is of an estimated value of over $500:

(1) The City shall make inquiry concerning the last-registered owner of such vehicle as follows:

(a) Abandoned vehicle with license plates affixed, to the jurisdiction which issued such license plates; or

(b) Abandoned vehicle with no license plates affixed, to the Department of Motor Vehicles.

(2) The City shall notify the last-registered owner, if any, and any lienholder, if any, within 15 business days that the vehicle in question has been determined to be an abandoned vehicle and that, if unclaimed, either (a) it will be sold or will be offered at public auction after five days from the date such notice was mailed or (b) title will vest in the City 30 days after the date such notice was mailed. If the agency described in Subsection B(1)(a) or (b) of this subsection 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.

(3) The City may claim title to the vehicle and use or dispose of it as provided by state law.

C. Any proceeds from the sale of an abandoned vehicle less any expenses incurred by the City shall be held by the City without interest for the benefit of the owner or lienholders of such vehicle for a period of two years. In the event that the costs of the removal and storage of the vehicle exceeds the proceeds from the sale of said vehicle, the last-registered owner of the vehicle shall be required to pay said costs of removal and storage to the City.

§ 184-4 Violations and penalties.

Any person who abandons a vehicle in violation of this Chapter shall be deemed guilty of a misdemeanor. Unless otherwise specified in the particular section for which the person stands convicted of violating, the penalty for such violation shall be a fine in any sum not exceeding $500 or imprisonment for up to three months, or both said fine and imprisonment at the discretion of the sentencing court.