The city council finds and declares that pursuant to California Vehicle Code Section 23109, motor vehicles speed contests and exhibitions of speed conducted on public streets and highways are illegal. Motor vehicle speed contests and exhibitions of speed are more commonly known as street races or drag races. Streets and highways within the county of San Diego have been the site of continuing and escalating illegal street racing over the past several years. Such street racing threatens the health and safety of the public, interferes with pedestrian and vehicular traffic, creates a public nuisance and interferes with the right of private business owners to enjoy the use of their property within the county of San Diego. Illegal street racers accelerate to high speeds without regard to oncoming traffic, pedestrians or vehicles parked or moving nearby.
The city council finds it is necessary and appropriate to take additional steps to protect public health and safety. This chapter is adopted to declare that vehicles used in violations of California Vehicle Code Sections 23109(a) and (c) are a nuisance and will be forfeited to the city. The civil forfeiture of these nuisance vehicles will prevent the needless loss of life and property damage associated with illegal motor vehicle speed contests and exhibitions of speed.
(Ord. 323, 2003)
"Days"
means workdays not including weekends and holidays.
"Illegal motor vehicle speed contest or illegal exhibition of speed"
means any speed contest or exhibition of speed referred to in California Vehicle Code Sections 23109(a) and 23109(c).
"Immediate family"
means father, mother, sister or brother.
"Legal owner"
means a person holding a security interest in a vehicle referred to in California Vehicle Code Section 370.
"Registered owner"
means a person registered by the Department of Motor Vehicles as the owner of a vehicle referred to in California Vehicle Code Section 505.
(Ord. 323, 2003)
A motor vehicle shall be declared a nuisance and forfeited subject to this division if:
A. 
It is used in violation of California Vehicle Code Sections 23109(a) and (c); and
B. 
1. 
It is driven by the registered owner of the vehicle at the time of the violation or the registered owner is a passenger in the vehicle at the time of the violation; or
2. 
It is driven by a member of the registered owner's immediate family at the time of the violation, or a member of the registered owner's immediate family is a passenger in the vehicle at the time of the violation; or
3. 
The driver or a passenger lives at the same address as the registered owner at the time of the violation; or
4. 
The driver or a passenger in the vehicle at the time of the violation has a prior contact in the vehicle, as determined by law enforcement records; and
C. 
The registered owner who is the driver or passenger at the time of the violation; or the driver or passenger who is a member of the registered owner's immediate family at the time of the violation; or the driver or passenger who lives at the same address as the registered owner at the time of the violation or the driver or passenger at the time of the violation who has a prior contact in the vehicle has:
1. 
A previous misdemeanor or felony conviction for California Vehicle Code Section 2800.2(a) or 23104(a); or
2. 
A previous misdemeanor conviction for a violation of California Vehicle Code Sections 2800.1(a) or (b), or California Vehicle Code Sections 23103(a) or (b), or California Vehicle Code Sections 23109(a) or (c); or
3. 
A previous conviction for a violation of California Vehicle Code Section 22348(b).
(Ord. 323, 2003)
A registered or legal owner at the time of the violation may request a hearing pursuant to Section 9.70.050 of this chapter to determine the validity of the forfeiture action authorized by this chapter.
(Ord. 323, 2003)
A. 
The sheriff's captain of the city substation (designated captain) shall provide the opportunity for a post-storage hearing to determine the validity of the storage to the persons who were the registered and legal owners of the vehicle at the time of impoundment. The hearing request shall be made not later than ten days after the date the vehicle was impounded. However, the hearing request shall be made within three days after the date the vehicle was impounded if personal service was provided to the registered or legal owner pursuant to Section 9.70.070 of this chapter and no mailed notice is required.
B. 
The post-storage hearing shall be conducted not later than two days after the date it was requested. The designated captain may authorize an officer or employee to conduct the hearing if the hearing officer is not the same person who directed the storage of the vehicle. Failure of either a registered or legal owner to request a hearing as provided in subsection A of this section or to attend a scheduled hearing shall satisfy the post-storage hearing requirement.
(Ord. 323, 2003)
A. 
When a violation of California Vehicle Code Section 23109(a) or (c) occurs causing a vehicle to be subject to forfeiture under this chapter, the designated captain shall ascertain from the Department of Motor Vehicles the names and addresses of all legal and registered owners of the vehicle.
B. 
Within two days of impoundment, the designated captain shall send a notice of forfeiture by certified mail, return receipt requested, to all legal and registered owners of the vehicle proposed for forfeiture. The notice shall be sent to the addresses obtained from the Department of Motor Vehicles.
(Ord. 323, 2003)
If a legal or registered owner was personally served a notice of forfeiture at the time of the violation which caused a vehicle to be subject to forfeiture under this division, and the notice contains all the information required to be provided by Sections 9.70.080 and 9.70.090 of this chapter, no further notice is required to be sent to that owner. However, a notice shall still be sent to any other current legal or registered owners of record of the vehicle, if any.
(Ord. 323, 2003)
The notice shall inform legal or registered owners of the vehicle that the vehicle will be declared a nuisance and forfeited to the city subject to this chapter, and will be sold or otherwise disposed of pursuant to Sections 9.70.170, 9.70.180 and 9.70.190 of this chapter. The notice shall also include instructions for filing a claim with the city attorney, and the time limits for filing a claim.
(Ord. 323, 2003)
The notice of forfeiture shall also inform any legal owner of its right to conduct the sale pursuant to Section 9.70.170 of this chapter. If notice was not sent to the legal owner within two days, the city shall not charge the legal owner for more than fifteen days' impoundment when the legal owner redeems the impounded vehicle. No processing charges shall be imposed on a legal owner who redeems an impounded vehicle within fifteen days of the impoundment of that vehicle.
(Ord. 323, 2003)
If no claims are filed and served within fifteen days of the mailing of the notice pursuant to Section 9.70.060 of this chapter or within five days of personal service of the notice pursuant to Section 9.70.070 of this chapter, the city attorney shall prepare a written declaration of forfeiture of the vehicle to the city. 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. A copy of the declaration shall be provided on request to any person informed of the pending forfeiture pursuant to Sections 9.70.060 and 9.70.070 of this chapter. A claim that is filed and later withdrawn by the claimant shall be deemed to not have been filed.
(Ord. 323, 2003)
If a claim is timely filed and served with the city attorney, then the city attorney shall file a petition for forfeiture with the appropriate Superior Court within ten days of the receipt of the claim. The city attorney shall establish an expedited hearing date in accordance with instructions from the court. The court filing fee established by the court, not to exceed fifty dollars, shall be paid by the claimant made payable to the San Diego Superior Court, but shall be reimbursed by the city if the claimant prevails.
(Ord. 323, 2003)
The filing of a claim within the time limit specified in Section 9.70.100 of this chapter is considered a jurisdictional prerequisite for initiating a forfeiture proceeding. A proceeding in the civil case is a limited civil case. The burden of proof in the civil case shall be on the city attorney by a preponderance of the evidence. All questions that may arise shall be decided and all other proceedings shall be conducted as in an ordinary civil action. A judgment of forfeiture does not require as a condition precedent the conviction of a defendant for the current violations which gave rise to the nuisance and caused these forfeiture proceedings to be initiated.
(Ord. 323, 2003)
If at the time of the violation there is a community property interest in the vehicle to be forfeited, and at the time of the violation the vehicle is the only vehicle available to the registered owner's immediate family that may be operated with a class C driver's license, the vehicle shall be released to a registered owner or to the community property interest owner upon compliance with all of the following requirements:
A. 
The registered owner or the community property interest owner requests release of the vehicle and the owner of the community property interest submits proof of that interest; and
B. 
The registered owner or the community property interest owner submits proof that the vehicle is properly registered pursuant to the California Vehicle Code; and
C. 
All towing and storage charges and any administrative charges authorized pursuant to California Vehicle Code Section 22850.5 are paid; and
D. 
The registered owner and the community property interest owner signs a stipulated vehicle release agreement, as described in Section 9.70.140 of this chapter, in consideration for the nonforfeiture of the vehicle.
(Ord. 323, 2003)
A. 
A stipulated vehicle release agreement shall provide for the consent of the signers to the automatic future forfeiture and transfer of title to the city of any vehicle registered to that person, if the vehicle is used in violation of California Vehicle Code Section 23109(a) or (c). The agreement shall be in effect for five years from the date of signing and shall be maintained by the designated captain.
B. 
No vehicle shall be released pursuant to Section 9.70.130 of this chapter if the designated captain has on file a prior stipulated vehicle release agreement signed by that person within the previous five years.
(Ord. 323, 2003)
A. 
Any legal owner who is a motor vehicle dealer, bank, credit union, acceptance corporation or other licensed financial institution legally operating in this state, or the agent of that legal owner, may take possession and conduct the sale of the forfeited vehicle if the legal owner or agent notified the designated captain of its intent to conduct the sale within fifteen days of either the mailing of the notice pursuant to Section 9.70.060 of this chapter or personal service of the notice pursuant to Section 9.70.070 of this chapter. Sale of the vehicle after forfeiture pursuant to this chapter may be conducted at the time, in the manner and on the notice usually given for the sale of repossessed or surrendered vehicles. The proceeds of any sale conducted by or on behalf of the legal owner shall be disposed of as provided in Section 9.70.200 of this chapter. A legal owner's notice to conduct the sale pursuant to this section may be presented in person, by certified mail, by facsimile transmission or by electronic mail.
B. 
The agent of a legal owner acting pursuant to this section shall be licensed, or exempt from licensure, pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code.
(Ord. 323, 2003)
If the legal owner or agent of the owner does not notify the designed captain of its intent to conduct the sale as provided in Section 9.70.170 of this chapter, the city shall offer the forfeited vehicle for sale at public auction within sixty days of receiving title to the vehicle. Low value vehicles shall be disposed of pursuant to Section 9.70.190 of this chapter.
(Ord. 323, 2003)
If the designated captain determines that the vehicle to be forfeited and sold pursuant to this chapter is of so little value that it cannot readily be sold to the public generally, the vehicle shall be conveyed to a licensed dismantler or donated to a charitable organization. License plates shall be removed from any vehicle conveyed to a dismantler pursuant to this section.
(Ord. 323, 2003)
The proceeds of a sale of a forfeited vehicle shall be disposed of in the following priority:
A. 
To satisfy the towing and storage costs following impoundment, the costs of providing notice pursuant to Sections 9.70.060 and 9.70.070 of this chapter, the costs of sale and the unfunded costs of judicial proceedings, if any; then,
B. 
Upon satisfactory proof to the designated captain, to the legal owner in an amount to satisfy the indebtedness owed to the legal owner remaining as of the date of sale, including accrued interest or finance charges and delinquency charges, providing that the principal indebtedness was incurred prior to the date of impoundment; then,
C. 
To the holder of any subordinate lien or encumbrance on the vehicle, other than a registered or legal owner, to satisfy any indebtedness so secured if written notification of demand is received before distribution of the proceeds is completed. The holder of a subordinate lien or encumbrance, if requested, shall furnish reasonable proof of its interest and, unless it does so upon request, is not entitled to distribution pursuant to of this subsection.
D. 
To any other person, other than a registered or legal owner, who can reasonably establish an interest in the vehicle, including a community property interest, to the extent of his or her provable interest, if written notification is received before distribution of the proceeds is completed; then,
E. 
The remaining proceeds shall be transferred to the city via the city treasurer.
(Ord. 323, 2003)
The person conducting the sale shall disburse the proceeds of the sale as provided in Section 9.70.200 of this chapter and shall provide a written accounting regarding the disposition to the designated captain and, on request, to any person entitled to a share of the proceeds or to any person validly claiming a share of the proceeds, as determined by the designated captain within fifteen days after the sale is conducted.
(Ord. 323, 2003)
No vehicle shall be sold pursuant to this division if the designated captain determines the vehicle to have been stolen. In this event, the vehicle may be claimed by the registered owner at any time after impoundment, providing the vehicle registration is current and registered owner has no outstanding traffic violations or parking penalties on his or her driving record or on the registration record of any vehicle registered to the person. If the identity of the legal and registered owners of the vehicle cannot be reasonably ascertained, the vehicle may be sold.
(Ord. 323, 2003)
Any owner of a vehicle who suffers any loss due to the forfeiture of any vehicle pursuant to this division may recover the amount of the loss from the person who violated California Vehicle Code Section 23109(a) or (c), which gave rise to the nuisance under this division.
(Ord. 323, 2003)
A. 
The designated captain is responsible for the costs incurred for towing and storage if it is determined that the driver at the time of impoundment did not violate California Vehicle Code Section 23109(a) or (c), and did not give rise to the nuisance.
B. 
Charges for towing and storage for any vehicle impounded pursuant to this division shall not exceed the normal towing and storage rates for other vehicle towing and storage conducted by the designated captain in the normal course of business.
(Ord. 323, 2003)