Upon a first offense, the use of any motorcycle or motor driven cycle used in violation of any provision of this chapter shall be subject to forfeiture for a period of 30 days as provided in this subsection. Upon a second or subsequent offense within a period of one year, any motorcycle or motor driven cycle used in violation of any provision of this chapter shall be subject to forfeiture as provided in this subsection. Such forfeiture shall be effected only upon order of the court and proceedings for such forfeiture may be commenced by the city in any court of general jurisdiction in the same manner as the commencement of a civil action. A criminal conviction of violation of a provision of this chapter shall not be a prerequisite to commencement of forfeiture proceedings. Notice of commencement of such action shall be served upon. each owner whose right, title or interest is of record in the Department of Motor Vehicles of the state of California or appropriate federal agency; and to each owner whose name and address is known. Notice may be given to any unknown owners, or owners whose address is unknown, by publication once in a newspaper of general circulation in the city. If the court or jury finds, upon a preponderance of evidence, that the motorcycle or motor driven cycle was used in violation of this chapter, the court shall order such vehicle, or the use thereof, forfeited and shall issue such orders for seizure of the vehicle as may be appropriate. In the case of a first offense, the order shall direct the city to impound the vehicle for a period of 30 days, upon the expiration of which the vehicle shall be returned to the owner. If the court or jury finds that the vehicle was used in violation of any provision of this chapter, but does not find that the vehicle was being used with the knowledge and consent of its owner, then the court shall order the vehicle released to the registered owner. In the case of a second or subsequent offense, if the court or jury finds that the vehicle was used in violation of any provision of this chapter, but does not find that a person holding a valid lien, mortgage, security interest or interest with actual knowledge that the vehicle was to be used for a purpose for which forfeiture is permitted, and if the amount due him or her is equal to, or in excess of, the appraised value of the vehicle, the court shall order the vehicle released to him or her. If the amount due him or her is less than the appraised value of the vehicle, that person may pay to the city the difference between the appraised value and the amount of the lien, mortgage, security interest, or interest under a conditional sales contract. Upon such payment, the city shall relinquish all claims to the vehicle and release the vehicle to him or her. If the holder of the interest elects not to make such payment to the city, the vehicle shall be deemed forfeited to the city and the ownership certificate shall be forwarded. Appraised value is to be determined as of the date judgment is entered on a wholesale basis, either by agreement between the legal owner and the city, or if such persons cannot agree, then by the inheritance tax appraiser for the county in which the action is brought. In the event the vehicle is not released to a registered owner or a person holding a valid lien, mortgage, security interest, or interest under a conditional sales contract, then the vehicle shall be sold in the same manner as surplus city property. Upon such sale, proceeds of such sale shall be distributed first to any person holding a valid lien, mortgage, security interest, or interest under a conditional sales contract which is less than the value of the vehicle and who elected not to redeem the vehicle, to the extent of such interest, when the court declaring the forfeiture orders a distribution to such person. The balance, if any, shall be deposited in a general fund of the city.