Vehicle Impoundment Upon 2nd or Subsequent Violation of Driving During Suspension
Nebraska Revised Statute 60-4,110 provides the authority to law enforcement officers to tow and impound a vehicle for no more than 30 days when the vehicle, regardless of the registered owner, is being operated by a person whose operator’s license has been suspended, revoked, or impounded pursuant to a conviction or convictions for violation of section 60-6,196, 60-6,197, 60-6,211.01, or 60-6,211.02 or by an order of any court or an administrative order of the director of the Department of Motor Vehicles.
Upon a 2nd or subsequent violation of driving during suspension (on the current suspension, revocation, or impoundment only), Grand Island Police Department officers may tow and impound a vehicle for 30 days that meet the criteria above. The discretion to tow and impound lies with the officer(s) involved and certain conditions, such as an immediate hardship on a family, may impact their decision to tow a vehicle.
These guidelines will be followed when towing and impounding a vehicle for 30 days:
The operator of the vehicle, at the time it is towed and impounded, will be told that the vehicle will be held for 30 days.
If the operator isn’t the owner of the vehicle then the officer(s) needs to develop some history that the owner knew or should have known that the operator was suspended while operating their vehicle. This history can be developed by asking the operator or owner about the owner’s knowledge of the suspension, or showing a pattern where the operator has been arrested more than once while driving the owner’s vehicle under suspension.
If the operator isn’t the owner of the vehicle and contact information is readily available for the owner, then the officer(s) involved in the stop will notify the vehicle owner of the 30 day impound.
After the vehicle has been impounded, a request by the owner of the vehicle to remove property from the vehicle will be honored at the time of the request. The owner won’t be told that they have to wait to remove property during impound business hours only. This means property only, not vehicle parts.
After the 30 day impound and the vehicle is scheduled to be released, the owner will pay all tow, storage and impound fees. If the vehicle is released after the 30 day hold, but no later than the 35th day, then the owner will only pay storage fees for the 30 days along with the tow and impound fees. If the vehicle is claimed after 35 days then the owner will pay storage fees for the exact number of days the vehicle is impounded along with tow and impound fees.
Any motor vehicle impounded shall be released:
- To the holder of a bona fide lien on the motor vehicle executed prior to such impoundment when possession of the motor vehicle is requested as provided by law by such lienholder for purposes of foreclosing and satisfying his or her lien on the motor vehicle.
- To the titled owner of the motor vehicle when the titled owner is a lessor. Upon learning the address or telephone number of the rental or leasing company which owns the motor vehicle, the officer(s) involved shall immediately contact the company and inform it that the motor vehicle is available for the company to take possession during impound business hours.
- To the registered owner, a registered co-owner, or a spouse of the owner upon good cause shown by an affidavit or otherwise to the court before which the complaint is pending against the operator that the impounded motor vehicle is essential to the livelihood of the owner, co-owner, or spouse or the dependents of such owner, co-owner, or spouse.
- Upon a court order for release of the motor vehicle prior to the expiration of the 30 day impound, the court order will be honored and the vehicle will be released immediately, no matter what time of day or night.
- Upon payment by the owner after the 30 day impound, the owner will be told that the vehicle will be released during normal impound business hours.
City Code 22-106: Scoff Law
This ordinance was recently amended by the City to allow for the tow and impound of any vehicle that has accumulated two or more unpaid overdue parking tickets. The Police Department currently has a list of 66 vehicle/owners that are in violation of this ordinance and their vehicles will be subject to tow and impound. To claim their vehicle after tow, the owner(s) will need to pay all unpaid parking tickets, along with the associated tow, impound, and storage fees. Police Officers or Police Department employees working in the field will not be able to collect any associated parking ticket fees at the scene in lieu of any vehicle being towed. All fees to re-claim a towed and impounded vehicle must be paid at the Police Department during regular business hours.
The Police Department would like to gain compliance from all owners on the tow list prior to any vehicles being towed, so any owner(s) that have outstanding unpaid overdue parking tickets can pay the tickets at the Police Department at this time and they will be removed from the tow list.
City Code Changes:
SECTION 1. Section 17-6 and Section 17-52of the Grand Island City Code is hereby amended to read as follows:
§17-6. Notice to Remove; Noncompliance with Notice
Whenever it shall come to the knowledge of the Health Director, his or her designee or employees of the City of Grand Island, that there exists upon such lot or parcel of ground such nuisance, the Health Director, his or her designee or employees of the City of Grand Island shall cause a notice to abate and remove said nuisance within five (5) days to be served upon the owner or the owner's authorized agent, and upon the tenant or occupant of said premises. Said notice shall be served either in person or by mailing such notice by first-class mail, postage prepaid
and by certified or registered mail and posting notice of the violation on the property. Within five days after receipt of such notice, the owner or occupant of the lot or piece of ground may request a hearing with the City to appeal the decision to abate or remove a nuisance by filing a written appeal with the office of the City Clerk. A hearing on the appeal shall be held within fourteen days after the filing of the appeal and shall be conducted by the Health Director or his/her designee or the Police Chief or his/her designee. The hearing officer shall render a decision on the appeal within five business days after the conclusion of the hearing. If the appeal fails, the City may have such work done. Within five days after receipt of such notice, if the owner or occupant of the lot or piece of ground does not request a hearing with the City or fails to comply with the order to abate and remove the nuisance, the City may have such work done. The costs and expenses of any such work shall be paid by the owner. If unpaid for two months after such work is done, the City may either (a) levy and assess the costs and expenses of the work upon the lot or piece of ground so benefited in the same manner as other special taxes for improvements are levied and assessed or (b) recover in a civil action the costs and expenses of the work upon the lot or piece of ground and the adjoining streets or alleys. If such owner, lessee, tenant, or occupant shall have failed or refused to abate and remove such nuisance at the expiration of the date fixed upon such notice, the Director of Health, his or her designee or employees of the City of Grand Island may cause such nuisance to be removed from such parcel or lot, and from any roads, streets, or alleys abutting thereon as set forth in §17-7 of this Chapter.
§17-52. Notice to Abate; Remove Nuisance
Notice to abate and remove such nuisance shall be given to each owner or owner's duly authorized agent and to the occupant, if any, by personal service
or certified mail. If notice by personal service or certified mail is unsuccessful, notice shall be given by publication in a newspaper of general circulation in the city or by conspicuously posting the notice on the lot or ground upon which the nuisance is to be abated and removed. or by mailing such notice by first-class mail, postage prepaid and posting notice of the violation on the property. Within five days after receipt of such notice or publication or posting, whichever is applicable, if the owner or occupant of the lot or piece of ground does not request a hearing with the city or fails to comply with the order to abate and remove the nuisance, the city may have such work done. If unpaid for two months after such work is done, the city may either (a) levy and assess the costs and expenses of the work upon the lot or piece of ground so benefited in the same manner as other special taxes for improvements are levied and assessed or (b) recover in a civil action the costs and expenses of the work upon the lot or piece of ground and the adjoining streets and alleys.
SECTION 2. Any ordinance or parts of ordinances in conflict herewith be, and hereby are, repealed.SECTION 3. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law.
Did you know that you can report a code enforcement problem or concern through the City of Grand Island's website?
*Is there a vehicle that has been parked on your street for over 72 hours and you would like to report it?
*Is there a property in your neighborhood that has weeds and/or grass 12" or higher and you would like to report it?
Click on the link below and make your complaint on-line!