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Villafranca Vehicle Removal5' 1 , I N1 635 North Broad Street P.O. Box 375 Fremont, NE 68026 -0375 Phone: (402)721 -7790 Email: atripp @tripplawoffice.com May 6, 2015 David Drew, Attorney at Law 1555 Washington Street Blair, NE 68008 RE: Villafranca Vehicle Removal Dear Mr. Drew, Fax: (402)721 -7791 I have received and reviewed your correspondence dated May 4, 2015 relaying concerns with a towed vehicle on Anderson Drive. The nuisance provisions in the Blair Municipal Code do not apply to unlicensed vehicles on a public street or on city right of way. As illustrated on the GIS picture attached hereto, there is an 8' by 10' strip of right of way around the pavement in the location in which the vehicle was parked. The policy for unlicensed vehicles on a public street or on city right of way is to contact the Blair Police Department for removal. In this instance, the Blair Police Department was unable to contact the owner of the vehicle and then it was removed in accordance with the City of Blair policy. Please let me know if you have any questions. Sincerely, Adam R. Tripp ( #23856) DREW LAW FIRM 1555 WASHINGTON STREET - P.O. BOX 462 BLAIR, NEBRASKA 68008 PHONE: 402- 426 -2636 FAX: 402.426 -2777 GREGORY P. DREW GPDrew @drewlawfirm.net May 4, 2015 Jim Realph 218 South 16' St. Blair, NE 68008 RE: Mr. Jesse and Dr. Ruth Villafranca 3086 Anderson Dr., Blair, NE Dear Mr. Realph: DAVID V. DREW DVDrew @drewlawfirm.net This firm represents Mr. and Dr. Villafranca. This weekend the City Police Department towed and impounded their green pickup which was parked on their property in their yard at 3086 Anderson Drive, Blair, Nebraska. The vehicle was parked on private property with permission and was therefore in compliance with City Ordinances. Vehicles do not meet the Ordinance's definition of a nuisance and no notices have been sent to my clients in this regard. Therefore the City Police Department had absolutely no authority to tow and impound this vehicle. It is therefore demanded that the vehicle be immediately returned to my client without any towing or storage charge. Additionally, the City may explore its remedies against the complainant who wrongfully caused the City to tow this vehicle. Sin erely David V. Drew CC. Adam Tripp Joe Lager SubJect St atute/ t Ordinance Charge Atteirnipted.: Completed .!Statute/ e Attempted complete Code 5-411 Blair Police Department Completed Number Incident Re 20 port 15-00311 8 Incident Report Form Reporting Officer Home Address city State Zip Code N/A Home Phone T. Rozeboorn Primary Incident /Offense Officer #2 Connecting IR N/A Abandoned Vehicle Ethnicity p Eves Height Weight Hair Relationshi p N/A I Location of Occurrence Location Type Sergeant or Senior Officer on Duty 3000 block Anderson Drive 13 1 Date TIm,q Month Day Year Time We & Tlm� .1 Fro Month Day Year Time N/A 04 29 2016 00, 0 1)4� TI 1 'TO N/A N/A N/A N/A N/A Reported - [Me First Name Middle .4 . ... .1. DOB Home Address city State Zip Code SubJect St atute/ t Ordinance Charge Atteirnipted.: Completed .!Statute/ e Attempted complete Code 5-411 Abandoned Vehlole Completed . :. :1 . 8 N/A 04/23/1949 Home Address city State Zip Code N/A Home Phone 3086 Anderson Drive, Blair, NE 68008 N/A Place of Employment city State Zip Code Work Phone N/A Sax Race Ethnicity p Eves Height Weight Hair Relationshi p N/A Summons/Citation M I A N/A BRO 507 � 110 BILK N/A N/A N/A SubWt# Code N/A SSN DOB N/A N/A Email Home Phone N/A Relationship; If Assault, Sex Offenses, •outleide, Kidu apping/Ab d uc tic n, or Rob use Relationship to show vie t! into offender Revision 2-2015 MEMO Sybject Code Last Name First Name Middle SSN OB . :. :1 . 8 Villafranca, Jesse, L. 04/23/1949 Home Address city State Zip Code Email Home Phone 3086 Anderson Drive, Blair, NE 68008 Place of Employment city State Zip Code Work Phone Cellular Phone Sax Race Ethnicity p Eves Height Weight Hair Relationshi p OLN/State Summons/Citation M I A N/A BRO 507 � 110 BILK N/A H12981666 NE SubWt# Code Last Name First Name Middle SSN DOB N/A Home Address City State Zip Code Email Home Phone Place of Employment city State ti Zip Code Work Phone Cellular Phone Sex Race Ethnicity Eves Height Weight Hair Relationship OLN/State Summons /Citation N/A N/A N/A N/A N/A [Me First Name Middle SSN DOB Home Address city State Zip Code Email Home Phone Place of Employment City State Zip Code Work Phone Cellular Phone Sex ace Ethnicity Eyes Height -- Weight Hair Relationship OLN/State Summons /Citation N/A N/A NIA N/A N/A Sublect#.' Code Last Name First Name Middle SSN DOB N/A Home Address city State Zip Code Email Home Phone Place of Employment city State Zip Code Work Phone Cellular Phone Sex Race Ethnicity Eyes Height Weight Hair Relationship OLNIState Summons/Cltatlon L— I N/A N/A N/A I I N/A N/A I I Relationship; If Assault, Sex Offenses, •outleide, Kidu apping/Ab d uc tic n, or Rob use Relationship to show vie t! into offender Revision 2-2015 VEHICLE INFORMATION INCIDENT REPORT Code S I License # 29-377 Exp State N/A Year 1971 Make Chevrolet Model/St CIO PIX Vehicle Inventory ❑Yes E]No VIN CE141J622085 Color Whi-Grn Value Hold [aYos [jNo Driver N/A Owner Jesse V111afranca Code RR License # Exp, State N/A 1 Make Model/Style Vehicle []Yes Inventory ❑No VIN Driver Color N/A Owner value Hold [ E]No PROPERTY INFORMATION EVIDENCE TAG qPqe Plw qty, qekcrlp!!op of Property Mt e y : d 7 7- on Nao��qqol 8qrIq . `l,Nu bpr, ..-. -' Color Value Roo/Stolen N/A N/A N/A N/A N/A NIA N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A NIA N/A N/A N/A If drugs are Included In property: Suspected Drug TYPO-' N/A Type of Drug Activity: N/A TYPO Of Drug Measurement; N/A Narrative; Report of abandoned vehicle. Officer Peters marked tires and attempted contacting owners. I towed 24 hours later as abandoned. Hold placed for current registration and insurance, Revision 2.2015 BLAIR POLICE DEPARTMENT Incident ID: 20160000311 Incident Data Sheet Report ORI Number: NBO890100 Page: 1 Printed On: 4/29/201611:36 (Wed) Incident ID; 20160000311 Offense Code: City Offenses (80G) Occurred Address: 3000 ANDERSON DR BLAIR, NE 68008 District: Post; Source: Log #: File #: Case #: Situation Found: Disposition: Date Reported: 4/2912015 00 :10 Disp Date: Date Occurred; 4/29/2015 00:10 TO 4/29/2016 00:10 Case Status: ACTIVE Status Date; 4/29/2016 00 :00 Shooting: ❑ I Domestic Violence: ❑ Hate Crime: ❑ I Follow -Up; Ej I Reclassify: ❑ Date Approved By Supervisor: Supervising Officer: Division: Reporting Officer: ROZEBOOM, TRAVIS # 1133 Date Assigned To Investigator; Investigator Assigned: Synopsis: , Report of abandoned vehicle. Officer Peters marked tires and attempted contacting owners. I towed 24 hours later as abandoned. Hold placed for current registration and insurance. Calls For Service CFS #: 201600003480 Call Codes: Disp Recd: 4/28/2016 23:66 PARKING PROBLEM /COMPLAINT Dispatched: Arrived: 4/28/2016 23:66 Cleared: 4/29/2016 00:69 Dispatcher: LORI ANDERSON rxi n= Division: Unit Officer(s) TRAVIS ROZEBOOM Supervisor: Incident ID: 20160000311 Incident Data Sheet Report ORI Number; N130890100 Page; 2 Printed On: 4/29/201611:36 (Wed) Suspect Vlct/Susp Rel: Name: VILLAFRANCA, JESSE DOB 4123/1949 Age/Time: 66 1 Juv; N Sex: M SSN; Race: Asian / Pacific Islander Home Phone: Work Phone: Other Phone: Arrest# FBI: I SBI: Istate Appr Appr By: Charges: Circumstance: , Visitor: ❑ Military: ❑ Police Dept Associate: ❑ Justif, Homicide: Follow -up: Weap: Injured: ❑ Reasons for Treatment: Treated: E] j Voluntary: ❑ Hospital: Physician: Transported By: Confined: ❑ Refused Admission: Ll Sent Home: ❑ Condition: Other Action: Injuries Breath Test: ❑ Blood Test: ❑ Refused Test: ❑ Test Results: Drivers License State: NE Expiration: Number: H12981666 Primary Address: 3086 ANDERSON DR BLAIR, NE 68008 Primary Mailing: Second Address: Second Mailing: Comment: Vehicles Plate: 29377 State: NE Make CHEV Model C10 olor: Year: 1971 Involvement: OWN VIN Owner Notified By: Owner Notified On: Person Notified: Returned By: Returned On: Safety Sticker Expiration: Weight Tax Paid Through: Insurance Co: Policy # Expiration: Comment : Created Date; 4/29/2015 M27 By :RWILKINS Date Updated: 4 /291201511:29 By; RWILKINS Title: 2016.00311 I Locked Q l.aaglf : Gulo - Wali Officer: T. Rozeboom B -17 Narrative: On 04/29/2015 I was working uniformed road patrol driving marked Unit 105. At approximately 0010 hours I went to check on a reported abandoned vehicle that Officer Peters informed me of. The pass on information I received was that Blair City Hall had asked her to deal with an abandoned older truck parked on city right of way in the 3000 block of Anderson Drive. Officer Peters located the truck and identified it as having expired NE plate 29 -377 affixed to it, Officer Peters marked the vehicle tires at 1925 hours on 04/27/2015 and attempted contacting the registered owner at a nearby house. A neighbor came out and said that the owners of the vehicle were out of town and no one had seen them in a while. I attempted contact at the registered owners' residence, Lights were on and vehicles were in the driveway. No one answered. Since the vehicle had expired plates and was parked on city right of way For over 6 hours, I had the vehicle impounded as an abandoned vehicle. I placed a hold on it for current registration and Insurance. Jonesy's Towing arrived and towed the vehicle to our impound lot, Case Status: Cleared by arrest Typed Sy: T. Rozeboom B -17 Date Typed: 04/29/2015 �.AR olicE EPARTMENT�,.._. Blair, NE 68008 W 402426 -4747 Wh mpowNd SKEET CITATION NU MBER: CASE �$'4���� DATE: 10 / '2 TIME: (9 1 CHARGE /REASON: Ahm\AW VEHICLE: MAKE: ^ 6 MODEL: ( f !/l YEAR; COLOR: �✓_ k Gl �l1 LICENSE: STATE: A/)_.. PLATE : . / r / 7 ( ,- xe V.I.N __ CL P//17 a 6 �5� 'll iv n �� 1 6Sae5 OWNER; _ �� V 1 Gl�j{!� GUS ADDRESS: 3060 A , DRIVER: __ ADDRESS; ARRESTED PARTY: ( ` ADDRESS, LOCATION VEHICLE PICKED UP: : 700 U f/ ,/] � IVIILEA.GE; HOL YLS NO REASON: LIC. D RIVE NSURANC GIST / STOLEN / EVIDENCE / OTHER: (CONDITION SYMBOLS) (1) GOOD (2) FAIR (3) POOR (4) TOTAL DAMAGE DOORS LOCKED: Y / N TRUNK LOCKED: Y / N D AMAQS TO STEERING COLUMN: Y / N DISPOSITION OF KEYS: ( ) KEYS IN VEHICLE ( ) KEYS WITH DRIVER ( ) KEYS SECURED WITH POLICE KEYS WITH 3RD PARTY (� NO KEYS IN VEHICLE PROPERTY IN VEHICLE: / � E REPORTING OFFICER: �'i TOWED TO' C I U�6t ARRIVAL TOW TRUCK DRIVER & COMPANY: vj 4 2 — DATE: TIME: _ .,__ _ CITY IMPOUND LOT PHONE NUMBER 402 - 4269661 ADDITIONAL IMPOUND CHARGES CONDITION CONDITION FRONT END REAR LF SIDE RADIO /STEREO RF SIDE INTERIOR HooD GLASS Tor (CONDITION SYMBOLS) (1) GOOD (2) FAIR (3) POOR (4) TOTAL DAMAGE DOORS LOCKED: Y / N TRUNK LOCKED: Y / N D AMAQS TO STEERING COLUMN: Y / N DISPOSITION OF KEYS: ( ) KEYS IN VEHICLE ( ) KEYS WITH DRIVER ( ) KEYS SECURED WITH POLICE KEYS WITH 3RD PARTY (� NO KEYS IN VEHICLE PROPERTY IN VEHICLE: / � E REPORTING OFFICER: �'i TOWED TO' C I U�6t ARRIVAL TOW TRUCK DRIVER & COMPANY: vj 4 2 — DATE: TIME: _ .,__ _ CITY IMPOUND LOT PHONE NUMBER 402 - 4269661 ADDITIONAL IMPOUND CHARGES Bre nda Wheeler From: Joe Lager Sent: Monday, May 04, 2015 2:06 PM To: PCGreen @ci.blair.ne.us; rodneys @ci.blair.ne.us Cc: Brenda Wheeler; Adam Tripp Subject: TOWED CAR Attachments: 20150504131614421.pdf; 20150504133209710.pdf See Brenda, this is what happens when we do our jobs. See attached. Brenda received a complaint, vehicle was on city right of way according to GIS. We marked the tires, tried to contact owner then towed. Joseph Lager Chief of Police Blair Nebraska tAiR PoticE DE P ARTMENT Blair, NE 68008 o 402 -426 -4747 VEhiCtE MPoUNd SHEET CITATION NUMBER: CASE #: _ 1 d0 3/ ( DATE: � TIME: L90 V CHARGE /REASON A64VA@j VEIIICLE: MAKE: _� MODEL: _ (, m IjI/t YEAR: I COLOR: G�JsI ° GI y1 LICENSE: STATE: _ A/ PLATE • I / �.J f ��x� `I. j jv : OWNER 6 ��I (�u jV1Gl/r ADDRESS: ) �/�, , l/l7 DRIVER: ADDRESS: ARRESTED PARTY: ` �jADDRESS: LOCATION VEHICLE PICKED UP: '3000 0 ��- 4yk(2pt �/' MILEAGE: - --� HOL . YLS NO REASON: L IC. DRIVE STOLEN / EV IDENCE /OTHER; CONDITION CONDITION FRONT END REAR LF SIDE RADIO /STEREO RF SIDE INTERIOR HOOD GLASS Top / (CONDITION SYMBOLS) (1) GOOD (2) FAIR (3) POOR (4) TOTAL DAMAGE DOORS LOCKED: Y / N TRUNK LOCKED: Y / N DAMAGE TO STEERING COLUMN: Y / N DISPOSITION OF KEYS: ( ) KEYS IN VEHICLE ( ) KEYS WITH DRIVER ( ) KEYS SECURED WITH POLICE ( ) KEYS WITH 3RD PARTY 9 N IN VEHICLE PROPERTY IN VEHICLE : SYNOPSIS: _ _ C/ I / iQ a��A,'4.��� 7 jalldanr REPORTING OFFICER: _ VQ aW) TOW TRUCK DRIVER & COMPANY: J tv) Sy CITY IMPOUND L OT PHONE NUMB 402- 426 -9661 TOWED To C� ARRIVAL DATE: / TIME : - ADDITIONAL IMPOUND C HARGES $