(A) Any motor vehicle parked upon a street, highway, or public property, against which there are three or more unpaid parking violation citations, or Nebraska Uniform Citations for parking violations, shall be subject to removal, impoundment, detention, or immobilization by the City or by a third party contracted to provide these services to the City.
(B) Prior to removal, impoundment, detention, or immobilization pursuant to division (A), the last registered owner of the motor vehicle, if known, shall be mailed a notice to the address shown on the records of the Nebraska Department of Motor Vehicles. The notice shall inform the owner of the proposed order to remove, detain, impound, or immobilize the vehicle and the reasons therefor, and that if the owner wishes to be heard on the matter the owner shall make a written request for a hearing before the City Administrator no later than seven days from the date of the notice.
(C) When any vehicle is removed, impounded, detained, or immobilized pursuant to division (A) or for any other reason authorized by law, and it is found that outstanding fines or penalties for parking violations are recorded against the vehicle, the release of the vehicle may be obtained by the registered owner of the vehicle, or the owner’s agent, upon:
(1) Payment of all outstanding fines or penalties for parking infractions recorded against the vehicle, plus any towing, storage, immobilization, or administrative fees; or
(2) Deposit of a cash surety bond in the amount of all outstanding fines and penalties for parking infractions recorded against the vehicle, plus any towing, storage, immobilization, or administrative fees, to the City Clerk’s office. If the decision of the Court is that the owner is not responsible for the fines and penalties, the full amount of the cash or surety bond will be refunded.
(D) If the owner obtains the release of the vehicle by posting a bond, the owner shall be entitled to a trial on the matter of the parking violations.
(E) When a motor vehicle is impounded under this section, a charge for towing and storage shall be assessed and collected prior to the release of the vehicle.
(F) The provisions of this section allowing the release of an impounded vehicle shall not apply in circumstances in which the vehicle is being held for evidentiary purposes in a judicial proceeding or as otherwise subject to civil or criminal proceedings or forfeiture as provided by law.
