As used in this chapter:
means the city of Moreno Valley.
are defined as set forth in Section 6.02.020 of the Moreno Valley Municipal Code.
means the last registered and legal owner of record of the
vehicle that is used to dump garbage, etc.
means a vehicle as defined in California Vehicle Code Section
670.
(Ord. 683 § 1, 2005)
A.
The
city council has determined that persons who operate vehicles and
use them to illegally place, deposit, or dump garbage, rubbish, solid
waste, or special waste bring decay to local neighborhoods where they
dump such matter. The council has further determined that seizing
and forfeiting the vehicles of persons who come into the local neighborhoods
to engage in such activities will deter them from creating said nuisances.
The city council finds there is a need to provide for the abatement
of such nuisance vehicles. The California Courts have held that cities
may enact vehicle seizure ordinances where they do not conflict with
or preempt state law in the same area [see Horton v. City of Oakland,
82 Cal. App. 4th 580, (2000)].
B.
Any vehicle used to illegally place, deposit, or dump garbage, rubbish, solid waste, or special waste in violation of Section 6.02.075 of the Moreno Valley Municipal Code is declared a nuisance, and the vehicle shall be subject to seizure and forfeiture as provided in this chapter. Declaration of this nuisance is made according to the authority of California Government Code Section 38771. Any person or his or her servant, agent, or employee who owns, leases, possesses, conducts, uses or maintains any vehicle with knowledge of its use to illegally dump garbage, rubbish, solid waste, or special waste is guilty of a misdemeanor.
(Ord. 683 § 1, 2005)
Subject to the requirements of Sections 12.13.040 and 12.13.080 of this chapter, and except as further limited by this chapter to protect innocent parties who claim an interest in any vehicle, all right, title, and interest in any vehicle used to commit any nuisance defined in Section 12.13.020 of this chapter shall vest in the city upon commission of the act giving rise to the forfeiture.
(Ord. 683 § 1, 2005)
A.
A vehicle
subject to forfeiture under this chapter may be seized by any peace
officer or code enforcement officer of the city upon process issued
by any court having jurisdiction over the vehicle. Seizure without
process may be made if any of the following situations exist:
B.
All
potential claimants shall have the right to a post-seizure hearing
to determine the validity of the seizure. The post-seizure hearing
shall be conducted within two business days of the request for the
hearing. The city may authorize an employee to conduct the hearing,
provided that the hearing officer is not the same person who directed
the seizure of the vehicle. Failure of the potential claimant(s) to
request a post-seizure hearing within 10 days of the seizure, or failure
to attend a scheduled hearing, shall constitute a waiver of the post-seizure
hearing right.
C.
A vehicle
that has been reported stolen prior to a seizure under this chapter
shall not be subject to forfeiture unless the identity of the registered
owner cannot be reasonably ascertained or the registered owner fails
to redeem the vehicle within 60 days of the seizure. The registered
owner of the vehicle may claim the vehicle upon payment of tow, storage
and release charges, provided the vehicle is not subject to any holds
for traffic or parking violations and the vehicle registration is
current.
D.
Receipts for vehicles seized pursuant to this chapter shall be delivered to any person from whose possession such vehicle was seized in accordance with California Penal Code Section 1412. There shall be a presumption affecting the burden of proof that a person to whom a receipt was issued is the owner thereof. This presumption may, however, be rebutted at the forfeiture hearing specified in Section 12.13.100 of this chapter.
(Ord. 683 § 1, 2005)
A vehicle seized pursuant to Section 12.13.040 of this chapter, where appropriate, may be held for evidence in proceedings against the owner of the vehicle or the individual who used the vehicle to commit any nuisance described in this chapter. The city attorney, or his or her designee, shall institute and maintain the proceedings.
(Ord. 683 § 1, 2005)
Within 15 days after seizure, if the vehicle is not required
to be held for evidence or if the matter is decided to not warrant
forfeiture proceedings by the city attorney, the vehicle will be returned
to the registered owner. Alternatively, the city may return the vehicle
to the registered lienholder upon the lienholder's filing of a hold
harmless agreement on behalf of the city. The hold harmless agreement
shall be in a form that is acceptable to the city attorney.
(Ord. 683 § 1, 2005)
A.
Except as provided in subsection H of this section, or Section 12.13.120 of this chapter, if the city attorney determines that the factual circumstances warrant that a vehicle described in Section 12.13.020 of this chapter is subject to forfeiture, the city attorney shall file a petition for forfeiture with the Consolidated Court of Riverside County.
B.
A petition
for forfeiture under this subsection shall be filed as soon as practicable,
but in any case no later than one year from the seizure of the vehicle
which is subject to forfeiture.
C.
Physical
seizure of the vehicle shall not be necessary in order to have the
vehicle alleged to be forfeitable in a petition pursuant to this section.
The city attorney may seek protective orders for any such vehicle.
D.
The city attorney shall cause notice of the seizure and of the intended forfeiture proceedings, as well as a notice stating that any interested party may file a verified claim with the Consolidated Court of Riverside County, to be served by personal delivery or by registered mail upon any person who has an interest in the vehicle. Whenever a notice is delivered pursuant to this section, it shall be accompanied by a claim form as described in Section 12.13.090 of this chapter, as well as directions for the filing and service of a claim. Notice shall also be published once in a newspaper of general circulation in Riverside County.
E.
An
investigation shall be made as to any claimant to the vehicle whose
right, title, interest, or lien is of record in the Department of
Motor Vehicles or appropriate federal agency. If it is found that
a person, other than the registered owner, is the legal owner of the
vehicle, and such ownership did not arise subsequent to the date and
time of arrest or notification of the forfeiture proceedings or seizure
of the vehicle, a notice shall be sent to the legal owner at his or
her address appearing on the records of the Department of Motor Vehicles
or appropriate federal agency.
F.
All notices shall set forth the time within which a claim of interest in the vehicle seized or that is subject to forfeiture is required to be filed pursuant to Section 12.13.090 of this chapter.
G.
The
city attorney may, pursuant to this section, order the forfeiture
of the vehicle seized pursuant to this chapter. The city attorney
shall provide notice of the proceedings under this subsection, including
the following information:
H.
If
no claims are timely filed, the city attorney shall prepare a written
declaration of forfeiture of the vehicle to the city and dispose of
the vehicle in accordance with this chapter. A written declaration
of forfeiture signed by the city attorney under this section shall
be deemed to provide good and sufficient title to the forfeited vehicle.
The city attorney ordering forfeiture pursuant to this section shall
provide a copy of the declaration of forfeiture to any person who
received notice of the forfeiture proceedings.
I.
If
a claim is timely filed within 15 days, then the city attorney shall
file a petition for forfeiture pursuant to this section within 30
days of receipt of the claim.
(Ord. 683 § 1, 2005)
Notwithstanding the provisions of this chapter, a seized vehicle shall be returned upon the timely filing of a claim pursuant to Section 12.13.090 of this chapter and upon a showing by the claimant that:
A.
The vehicle is owned by two or more persons and there is a joint property interest in the vehicle by a person other than the person who used or maintained the vehicle while committing any nuisance described in Section 12.13.020 of this chapter, the person claiming the interest is neither an accomplice to nor had any knowledge of any nuisance described in Section 12.13.020 of this chapter, and the vehicle is the sole vehicle available to the person's immediate family;
B.
The vehicle is owned by the employer of the person who used or maintained the vehicle while committing any nuisance described in Section 12.13.020 of this chapter, and the employer is neither an accomplice nor had any knowledge that any nuisance described in Section 12.13.020 of this chapter was being committed by the employee;
(Ord. 683 § 1, 2005)
A.
Any person claiming an interest in the vehicle seized pursuant to Section 12.13.020 or 12.13.080 of this chapter must, at any time within 15 days from the date of the notice of seizure, file with the Consolidated Court of Riverside County a claim, verified in accordance with California Code of Civil Procedure Section 446, stating his or her interest in the vehicle. An endorsed copy of the claim shall be served by the claimant on the city attorney within 10 days of the filing of the claim.
B.
Court
proceedings shall be in accordance with the following:
1.
If
a verified claim is filed, the forfeiture proceeding shall be set
for a hearing on a day not less than 30 days therefrom.
2.
The
hearing shall be before the court.
3.
The
provisions of California Code of Civil Procedure shall apply to proceedings
under this chapter unless otherwise inconsistent with the provisions
or procedures set forth in this chapter. However, there shall be no
joinder of actions or coordination of actions, except for forfeiture
proceedings, or cross-complaints and the issues shall be limited strictly
to questions related to this chapter.
(Ord. 683 § 1, 2005)
With respect to a vehicle described in Section 12.13.020 of this chapter for which forfeiture is sought and as to which forfeiture is contested, the city shall have the burden of proving by a preponderance of the evidence that the vehicle was used as set forth in Section 12.13.020 of this chapter. Trial shall be before the court or jury. The presiding judge of the Consolidated Court shall assign actions brought pursuant to this chapter for trial.
(Ord. 683 § 1, 2005)
Upon proof by a preponderance of the evidence that the vehicle was used for any of the purposes set forth in Section 12.13.020 of this chapter, the court shall declare the vehicle a nuisance and order that the vehicle be seized, if not previously seized and held in the custody of the city, forfeited and sold and the proceeds distributed in accordance with this chapter.
(Ord. 683 § 1, 2005)
Any person or his servant, agent, or employee who owns, leases, possesses, conducts, uses or maintains any vehicle while committing any nuisance described in Section 12.13.020 of this chapter and whose vehicle has been seized in accordance with this chapter may request to execute a voluntary settlement agreement with the city for the return of the vehicle. Such request shall be made in writing to the city attorney. The minimum amount of the settlement agreement shall be sufficient to cover all the city's reasonable administrative costs, including attorneys' fees and personnel time for the seizure and forfeiture action. The actual amount shall be at the sole and absolute discretion of the city attorney. The executed settlement agreement shall be accompanied by the appropriate settlement fee amount in the form of a money order, cash, or cashier's check. All settlement funds shall be distributed as set forth in Section 12.13.130 of this chapter.
(Ord. 683 § 1, 2005)
In all cases where a vehicle is seized and forfeited to the
city pursuant to this chapter, the vehicle shall be sold, or if cash
is paid as settlement in lieu of forfeiture of the vehicle, and the
proceeds of the sale or said cash shall be distributed and appropriated
as follows:
A.
To
the bona fide or innocent purchaser, conditional sales vendor, mortgage
or lien holder of the vehicle, if any, up to the amount of his or
her interest in the vehicle, when the court or city attorney declares
the forfeiture and sale of the vehicle and orders a distribution to
that person;
B.
To
the city for all attorneys' fees and other expenditures made or incurred
by it in connection with the publication of the notices set forth
in this chapter, and sale of the vehicle, including expenditures for
any necessary repairs, storage or transportation of any vehicle seized
under this chapter;
C.
The
remaining funds shall be deposited in the city's general fund.
(Ord. 683 § 1, 2005)
This chapter is not the exclusive regulation against or penalty
for committing the nuisances described in this chapter. It supplements
and is in addition to the other regulatory codes, statutes, and ordinances
heretofore or hereafter enacted by the city, the state, or any other
legal entity or agency having jurisdiction.
(Ord. 683 § 1, 2005)
