This chapter shall be known as the "Seizure and Forfeiture of Nuisance Vehicles ordinance."
(SCC 1186 § 1, 2001)
The Board of Supervisors finds and declares as follows:
a. 
The citizens of Sacramento County have complained about the nuisance being created by persons driving vehicles into their neighborhoods in order to acquire or attempt to acquire controlled substances or to solicit acts of prostitution.
b. 
Persons who operate vehicles and use them to acquire controlled substances or to solicit acts of prostitution bring crime and decay to the neighborhoods where they solicit acts of prostitution and/or acquire or attempt to acquire controlled substances.
c. 
Owners of vehicles utilized to acquire or attempt to acquire controlled substances or to solicit acts of prostitution have the responsibility of ensuring that such vehicles are not utilized for nuisance-creating behaviors.
d. 
The seizure and forfeiture of such vehicles will serve to deter such conduct and to abate the nuisance caused by such activity in that the vehicle owner will be deterred from using their vehicle as an instrumentality of their illegal activity. The seizure and forfeiture of such vehicles will also ensure that vehicle owners will not permit their vehicles to be used for illicit purposes.
(SCC 1186 § 1, 2001)
For purposes of this chapter, the following definitions apply:
a. 
"Controlled substances" shall mean a drug, substance, or immediate precursor which is listed in any schedule in California Health and Safety Code Sections 11054, 10055, 10056, 11057 or 11058.
b. 
"Driver" means the person who is driving or is in actual physical control of a vehicle that is seized pursuant to this chapter.
c. 
"Prostitution" means engaging in sexual conduct or other lewd or dissolute act between persons in return for money or other consideration.
d. 
"Vehicle" shall mean a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. "Vehicle" includes any motor vehicle.
(SCC 1186 § 1, 2001)
a. 
Any vehicle used to solicit an act of prostitution or to acquire or attempt to acquire any controlled substance is declared to be a nuisance, and the vehicle shall be enjoined and abated as provided in this chapter.
b. 
Any person or his or her servant, agent or employee who owns, leases, conducts or maintains any vehicle used for any of the purposes or acts set forth in this section is guilty of creating a public nuisance.
(SCC 1186 § 1, 2001)
a. 
A peace officer may seize a vehicle subject to forfeiture under this chapter upon issuance of an order by a court having jurisdiction over the vehicle. Seizure without a court order may be made if there is probable cause to believe that the vehicle was used in violation of this chapter.
b. 
Receipts for vehicles seized pursuant to this chapter shall be delivered to any person out of whose possession such vehicle was seized, in accordance with Section 1412 of the Penal Code.
c. 
An immediate investigation shall be made by the Sacramento County Sheriff's Department as to any claimant to a vehicle whose right, title, interest, or lien is of record in the Department of Motor Vehicles or appropriate federal agency. If the Sheriff's Department determines that any person, other than the person from whom the vehicle was seized, is the legal owner thereof, and such ownership did not arise subsequent to the date and time of arrest or notification of the forfeiture proceedings or seizure of the property, it shall within 48 hours of the vehicle's seizure, send a Notice of Seizure to the legal owner at his or her address appearing on the records of the Department of Motor Vehicles or appropriate federal agency.
d. 
The Notice of Seizure sent pursuant to the requirement of this section shall set forth the time in which a claim of interest in the vehicle seized or subjected or subject to forfeiture shall be filed.
(SCC 1186 § 1, 2001)
a. 
The County Counsel may, pursuant to this section, order the forfeiture of vehicles seized under this chapter.
b. 
If the County Counsel determines that the factual circumstances warrant the forfeiture of a vehicle described in Section 9.100.030, the County Counsel shall serve a Notice of Intended Forfeiture upon any person who has an interest in the seized vehicle. Such notice shall be served as soon as practicable, but in any event within 90 days after seizure of the vehicle subject to forfeiture.
c. 
The Notice of Intended Forfeiture shall be served by personal delivery or by certified mail, return receipt requested, upon any person who has an interest in the seized vehicle as determined pursuant to Section 9.100.040(c).
1. 
In the event that the person entitled to service refuses to accept certified return receipt mail or cannot be personally served, service may be made by substituted service in accordance with Government Code Section Code of Civil Procedure Section 415.20.
2. 
If the person entitled to service resides out of state and will not accept certified return receipt mail, then service may be made by first class mail.
3. 
If the person entitled to notice cannot be located or service cannot be effected as set forth in this section, service shall be made pursuant to Government Code Section 6063.
d. 
A Notice of Intended Forfeiture shall include: 1) a description of the vehicle; 2) the date and place of the vehicle's seizure; 3) the violation of law alleged as the basis for the intended forfeiture of the vehicle; 4) a claim form as described in Section 9.100.060; and 5) instructions for filing and serving a claim and the time limits for filing such a claim.
(SCC 1186 § 1, 2001)
a. 
Any person claiming an interest in a vehicle seized pursuant to this chapter shall, not later than 10 days from the date of service of the Notice of Intended Forfeiture, file a claim with the Superior Court of Sacramento a claim, verified in accordance with Section 446 of the Code of Civil Procedure, stating his or her interest in the vehicle. An endorsed copy of the claim shall be filed by the claimant on the County Counsel within 10 days of the filing of the claim.
b. 
1. 
If a verified claim is filed, the County Counsel shall institute a forfeiture proceeding by filing a petition for forfeiture with the Superior Court of Sacramento County within 30 days of the receipt of the claim, and by setting the matter for a hearing not less than 30 days therefrom.
2. 
The hearing shall be before the Superior Court of Sacramento County.
3. 
The provisions of the Code of Civil Procedure shall be applicable unless otherwise inconsistent with the provisions or procedures set forth in this chapter. However, in proceedings under this chapter, there shall be no joinder of proceedings, or cross-complaints, and the issues shall be limited strictly to the questions related to this chapter.
4. 
In any contested forfeiture proceeding, the County of Sacramento shall have the burden of proving by a preponderance of the evidence that the vehicle was used as set forth in Section 9.100.030. Trial shall be before the Court. The presiding judge of the Superior Court shall assign the action brought pursuant to this chapter for trial.
5. 
Upon proof that the vehicle was used for any of the purposes set forth in Section 9.100.030, the Court shall declare the vehicle a nuisance and order the vehicle sold and the proceeds distributed as set forth in Section 9.100.070.
c. 
If no claims are timely filed in response to the notice issued pursuant to Section 9.100.050, the County Counsel shall prepare a written declaration of forfeiture of the vehicle to the County and shall dispose of the property in accordance with Section 9.100.070. A written declaration of forfeiture signed by the County Counsel shall be deemed to provide good and sufficient title to the forfeited property. The County Counsel ordering forfeiture shall provide a copy of the declaration of forfeiture to any person who received notice of the intended forfeiture proceedings.
(SCC 1186 § 1, 2001)
In all cases in which a vehicle is seized pursuant to this chapter is forfeited to the County, the vehicle shall be sold and the proceeds of the sale shall be distributed in the following order of priority:
a. 
To the Sheriff for the administrative towing fee incurred in connection with any vehicle seized pursuant to this chapter.
b. 
To the bona fide or innocent purchaser, conditional sales vendor, mortgagee or lien holder of the property, if any, up to the amount of his or her interest in the property, when the Court or County Counsel declaring the forfeiture orders a distribution to that effect.
c. 
To the Sheriff for all administrative expenditures made or incurred in connection with the seizure and sale of the vehicle, including expenditures for any necessary repairs, storage or transportation of any vehicle seized pursuant to this chapter.
d. 
To County Counsel for all administrative expenditures made or incurred in connection with the publication of the notices set forth in Section 9.100.050 and the necessary sale of the vehicle.
e. 
The remaining funds shall be distributed to the Sheriff.
(SCC 1186 § 1, 2001)