[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.]
As used in this chapter, the following terms shall have the
meanings indicated:
Shall be defined as follows, except as such definition may
be hereafter amended by Neb. Rev. Stat. § 60-1901:
A motor vehicle is an abandoned vehicle:
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;
If left unattended for more than 24 hours on any public property,
except a portion thereof on which parking is legally permitted;
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;
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;
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
If removed from private property by the City pursuant to a municipal
ordinance.
An all-terrain vehicle, a utility-type vehicle, or a minibike
is an abandoned vehicle:
If left unattended for more than 24 hours on any public property,
except a portion thereof on which parking is legally permitted;
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;
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;
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
If removed from private property by the City pursuant to a municipal
ordinance.
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.
For purposes of this section:
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.
Any privately owned property which is not included within
the definition of public property.
Any public right-of-way, street, highway, alley, park or
other state, county or municipally owned property.
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.
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:
(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.
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.
