As used in this chapter:
“City”
means the City of Desert Hot Springs;
“Department”
means the Police Department and Code Enforcement Division
of the City of Desert Hot Springs;
“Discarded materials”
means materials such as, but not limited to, junk, trash,
debris, garbage, vegetation, household appliances, auto parts, construction
debris or any similar materials;
“Owner”
means the last registered and legal owner of record of the
vehicle that is used to solicit prostitution and/or acquire or attempt
to acquire a controlled substance, as shown on records of the Department
of Motor Vehicles or similar state entity;
(Prior code § 95.81)
Subject to the requirements of Sections
9.20.040 and
9.20.080, 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
9.20.020 shall vest in the City upon commission of the act giving rise to forfeiture.
(Prior code § 95.83)
A vehicle seized pursuant to Section
9.20.040, 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 shall institute and maintain the proceedings.
(Prior code § 95.85)
Within 15 days after seizure, if the peace officer does not
hold the vehicle for evidence or if the Department does not refer
the matter in writing for institution of forfeiture proceedings by
the City Attorney, the peace officer or Department, officer or Division
shall comply with any notice to withhold issued to the City with respect
to the vehicle by the Franchise Tax Board. If no notice to withhold
has been issued with respect to the vehicle by the Franchise Tax Board,
the peace officer or the Department, officer or Division shall return
the vehicle 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 acceptable to the Department, Division,
and the City Attorney.
(Prior code § 95.86)
Notwithstanding the provisions of this chapter, the Department shall return a seized vehicle upon the filing of a timely claim pursuant to Section
9.20.090 and upon a showing by the claimant that:
A. The vehicle is owned by two or more persons and there is a community 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
9.20.020, and th
e vehicle is the sole vehicle available to the person’s immediate family; or
B. The vehicle is owned by the employer of the person who used or maintained the vehicle while committing any nuisance described in Section
9.20.020; or
C. The vehicle is owned by a rental car agency with a duly executed contract with the person who used or maintained the vehicle while committing any nuisance described in Section
9.20.020; or
D. The vehicle was reported stolen to a law enforcement agency by the registered owner prior to the date and time of the commission of any nuisance described in Section
9.20.020.
(Prior code § 95.88)
With the respect to a vehicle described in Section
9.20.020 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
9.20.020. Trial shall be before the court. The presiding judge of the superior court shall assign actions brought pursuant to this chapter for trial.
(Prior code § 95.90)
Upon proof by a preponderance of the evidence that the vehicle was used for any of the purposes set forth in Section
9.20.020, th
e court shall declare the vehicle a nuisance and order that the vehicle be seized, if not previously seized and held by the Department, forfeited and sold and the proceeds distributed in accordance with this chapter.
(Prior code § 95.91)
Any person, or his or her servant, agent or employee who owns, leases, conducts, uses or maintains any vehicle while committing any nuisance described in Section
9.20.020 and whos
e 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 Department or the City Attorney. The minimum amount of the settlement agreement shall be sufficient to cover all of 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 Sections
9.20.130(B) and
(C).
(Prior code § 95.92)
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 the 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 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 distributed to the Department or Division
to cover the costs of implementing the program. Such funds shall be
placed in a separate account titled “The vehicle forfeiture
account.” The vehicle forfeiture account shall be subject to
appropriate accounting controls and financial audits for all deposits
and expenditures.
D. All the funds distributed to the Department pursuant to subsection
C of this section shall not supplant any funds that would, in the absence of this chapter, be made available to support the law enforcement and prosecutorial efforts of the Department.
(Prior code § 95.93)
This article 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.
(Prior code § 95.94)