[HISTORY: Adopted by the City Council of the City of Papillion as
Sec. 6-308 of the 1990 Code. Amendments noted where applicable.]
NEBRASKA STATUTE REFERENCES
Section 184-4 — Neb. R.R.S. §§ 60-311.15
and 60-311.18.
As used in this chapter, the following terms shall have the meanings
indicated:
- ABANDONED MOTOR VEHICLES
- 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 herein described within the zoning jurisdiction of the city, and, if left abandoned as herein described for the time limits specified, it is hereby declared a nuisance and subject to removal as provided by this chapter.
- 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.
It shall be unlawful to abandon any automobile on the municipal streets,
highways, alleys, parks or other property. An automobile shall be deemed to
be abandoned if left unattended for more than six hours on any public property
without license plates affixed thereto; for more than 24 hours on any public
property, except where parking is legally permitted; for more than 48 hours
after the parking of such vehicle shall have become illegal if left on a portion
of a public property on which parking is legally permitted; and for more than
seven days on private property if left initially without the permission of
the owner, or after permission of the owner shall have terminated.
A.
The lack of a current license or registration shall be
presumptive evidence that such vehicle lost its utility or serviceability.
Any automobile so abandoned shall immediately become the property of the municipality,
if, in the estimation of the municipal police, said vehicle is of a value
of $100 or less. In the event that the vehicle is of an estimated value of
over $100 the municipal police shall make a reasonable effort to contact the
owner of said vehicle by sending a notice of sale to the registered owner,
if known, or by sending an inquiry to the County Clerk it is registered and
the owner is unknown; or by contacting the Director of Motor Vehicles if the
owner is unknown. If the owner is known and does not claim the vehicle within
five days after the date when the notice was mailed or upon receiving word
from the Director of Motor Vehicles that the owner is unknown, title will
immediately vest in the municipality and the automobile may be sold.
B.
The notice shall be sent to the last known owner of the
vehicle to said owner's last known address by certified mail. Refusal or nondelivery
of the certified mail shall not abate the five days. Any proceeds from the
sale of the automobile less any expenses incurred by the municipality in such
sale shall be held without interest for the benefit of the owner of such vehicle
for a period of two years. In the event that the costs of the sale exceeds
the proceeds from the sale of said vehicle, the owner, agent, occupant or
person in possession, charge or control of the real property upon which the
vehicle was removed shall be required to pay said costs of removal and storage;
in the event of nonpayment the city may assess the actual unreimbursed costs
thereof against the real property on which the vehicle was found in the same
manner as other special taxes for improvements are levied and assessed, as
determined by resolution of the City Council.
Any nonoperating, wrecked, junked or partially dismantled vehicle, or
any vehicle or parts thereof which have lost their identity, character, utility
or serviceability or any unsheltered storage of old, stripped, junked and
other motor vehicles not in good and safe operating condition or inoperable
condition and any other vehicle, machinery, implements and/or equipment and
personal property of any kind which is no longer safe or usable for the purpose
for which it was manufactured, which hereinafter are collectively described
"said personalty," "said personal property" for a period of 30 days or more
within the zoning limits of the City of Papillion, is hereby declared to be
a nuisance and dangerous to the public safety. The lack of a current license
or registration shall be presumptive of evidence that such vehicle has lost
its utility or serviceability.
The owner or owners, tenants, lessees and/or occupants of any lots located
within residential zoning districts within the corporate limits of this city
upon which such storage is made, and also the owner, owners and/or lessees
of said personalty involved in such storage (all of whom are hereinafter referred
to collectively as "owners"), shall jointly and severally abate said nuisance
by the prompt removal of said property into completely enclosed buildings
authorized to be used for said storage purposes, if within the zoning limits
of the city, or otherwise to remove it to a location without said zoning limits.
Whenever said owners fail to abate said nuisance, then the city shall
remove said personalty to a location of its selection, with expenses thereof
to be billed to said owners, jointly and severally.
Upon written notification by the city to the owners of the property
as herein described is a public nuisance as provided herein and requires said
owner to comply with the provisions of this chapter, if such person firm or
corporation upon whom such notice is served fails, neglects or refuses to
remove said personalty as provided herein, within 10 days after service of
said notice, the city may proceed to remove said personalty and assess the
cost thereof against the owners, and said cost shall be paid by the owners
to the city. Notice shall be given by certified or registered mail.
When said personalty has been removed and placed in storage by the city,
as provided for herein, said personalty shall be sold by the city after giving
the owner or owners 10 days notice of the time and place of said sale. Said
sale shall take place not later than five days from the receipt of the notice.
Notice shall be given by certified or registered mail. Refusal or nondelivery
of the certified mail shall not abate the 10 days. If the proceeds of such
sale are insufficient to pay the costs of abatement, said owners shall be
liable to the city for the balance of the cost jointly and severally, to be
recoverable as heretofore set forth. If the proceeds are in excess of costs,
the balance shall be paid to said owners; provided, however, the owners make
claim or demand therefore within thirty days after the owner or owners have
been notified of the sale and the excess. Notice of any excess shall be given
to the owner or owners in the same manner of Notice of Sale. Should the owners
fail or neglect to make claim within thirty days, then the excess shall be
deposited in the city treasury for the use of the city.[1]
[1]
Editor's Note: Former Subsection E, Exceptions, which immediately
followed this section was repealed 3-3-1998 by Ord. No. 1261.
[Amended 5-5-1998 by Ord.
No. 1264]
Any person who abandons a vehicle as herein before described 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 fined in any sum not exceeding $500 or imprisoned
six months, or both said fine and imprisonment at the discretion of the sentencing
court.
The provisions of this chapter shall not apply to any motor vehicle
or part thereof kept in an enclosed building, any motor vehicle on the premises
of any business enterprise operated in a lawful place and manner when necessary
for the lawful operation of such business enterprise, any vehicle which is
shielded from the general public view by a manufactured vehicle cover or any
vehicle which qualifies as a historic or special interest vehicle as defined
by Neb. R.R.S. § 60-311.15 or complies with Neb. R.R.S. § 60-311.18.
