This chapter establishes a law enforcement forfeited property
and asset seizure program whereby the City may receive forfeited property
and assets transferred from the San Diego County Sheriff's Department
in accordance with the City's agreement for general and special
law and traffic enforcement services and other pertinent authority
such as the Comprehensive Crime Control Act of 1984 (21 U.S. Code
Section 873 et seq.), the United States Attorney General's Guidelines
on Seized and Forfeited Property, and the California Health and Safety
Code Sections 11470—11493.
(Ord. 556 § 3, 2019)
Such property and assets are those which have been seized or
collected by contracted law enforcement personnel during the investigation
of criminal activities, and subsequently forfeited by judicial or
administrative decision, and transferred to the City as a result of
participation by contracted law enforcement personnel. The program's
purpose provides an added incentive to the City to assist contracted
law enforcement personnel in the fight against crime, especially illegal
drug trafficking.
(Ord. 556 § 3, 2019)
The money received by the forfeited property and assets program
established by this chapter, or the money received from the sale of
any forfeited tangible property or other asset covered by this chapter,
and any interests thereon will be deposited into a law enforcement
forfeited property and asset fund set up by the City.
(Ord. 556 § 3, 2019)
A.
Title
to all property and assets received pursuant to this program will
be taken in the name of the City and vest in the City.
B.
The
City Treasurer will make the necessary entries in the City's
inventory and accounting records, using the property's and/or
asset's fair market value on the date of acquisition as determined
by the support services manager or other qualified representative
from the City. Whenever the City deems necessary to sell forfeited
noncash property or assets received, the proceeds will be deposited
in the City's law enforcement forfeited property and asset fund.
(Ord. 556 § 3, 2019)
All funds in the City's law enforcement forfeited property
and asset fund must be used by the City exclusively for law enforcement
purposes and require City Council approval for appropriation.
(Ord. 556 § 3, 2019)
The City Treasurer must establish accounting and reporting procedures
to account for the receipt and disbursement of all forfeited cash
and noncash property in connection with the law enforcement forfeited
property and assets program. The City Treasurer must provide a report
to the City Manager, on an annual basis, detailing all money and tangible
assets received, all deposits and disbursements, and such other information
the City Manager may require.
(Ord. 556 § 3, 2019)
