Chapter 102 SEIZURE AND FORFEITURE OF NUISANCE VEHICLES

The City Council has determined that persons who operate vehicles and use them to solicit prostitution, or to acquire or attempt to acquire controlled substances, bring decay to local neighborhoods where they engage in such activities. 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.

Any vehicle used to solicit an act of prostitution and/or to acquire or attempt to acquire any controlled substance is declared a nuisance and the vehicle shall be subject to seizure and forfeiture as provided in this chapter. Any person, or his or her servant, agent or employee who owns, leases, conducts, uses or maintains any vehicle for the purpose of soliciting prostitution and/or acquiring or attempting to acquire any controlled substance shall be guilty of committing a nuisance. Such vehicle shall be subject to seizure and forfeiture as provided in this chapter. Declaration of this nuisance is made according to the authority of Cal. Government Code § 38771.

The City Council has determined that persons who operate vehicles and use them to illegally dump garbage, rubbish or swill 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.

§ 102.04 Seizure of vehicles subject to forfeiture; proceedings.

Any vehicle used to illegally dump garbage, rubbish or swill in violation of § 51.02 of the Indio Municipal Code is declared a nuisance, and the vehicle shall be subject to seizure and forfeiture as provided in this chapter. Any person or his or her servant, agent, or employee who owns, leases, possesses, conducts, uses or maintains any vehicle to illegally dump garbage, rubbish or swill is guilty of a nuisance. Declaration of this nuisance is made according to the authority of Cal. Government Code § 38771.

(E)

The City Council has determined that persons who participate in motor vehicle speed contests blatantly disregard motor vehicle laws resulting in dangerous streets for innocent residents of the City, and have been responsible for deaths in the Coachella Valley area. The Council has further determined that seizing and forfeiting the vehicles of persons who come into the city 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.

(F)

Any Vehicle used to participate in a motor vehicle speed contest is declared a nuisance, and the vehicle shall be subject to seizure and forfeiture as provided in this chapter. Any person or his or her servant, agent, or employee who owns, leases, possesses, conducts, uses or maintains any vehicle that is used in a motor vehicle speed contest is guilty of a nuisance. Declaration of that nuisance is made according to the authority of Cal. Government Code § 38771.

§ 102.03 Vesting of title.

[Ord. 1355, 10-15-2003]

Subject to the requirements of §§ 102.04 and 102.08, 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 § 102.02 above shall vest in the city upon commission of the act giving rise to forfeiture.

[Ord. 1355, 10-15-2003]

A vehicle subject to forfeiture under this chapter may be seized by any peace 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:

(1)

The seizure is incident to an arrest or a search under a search warrant;

(2)

There is probable cause to believe that the vehicle was used or is intended to be used in violation of this chapter; or

(3)

There is probable cause to believe that the vehicle is directly or indirectly dangerous to the health or safety of persons or property.

The city may notify the Franchise Tax Board of a vehicle seized where there is reasonable cause to believe that the value of the seized vehicle exceeds $5,000.

§ 102.06 Return of seized vehicles if no authorization to hold.

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 Cal. Penal Code § 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 § 102.10.

§ 102.05 Seized vehicles as evidence.

[Ord. 1355, 10-15-2003]

A vehicle seized pursuant to § 102.04, 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.

[Ord. 1355, 10-15-2003]

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 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 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 and the City Attorney.

§ 102.07 Forfeiture of vehicle; procedures.

[Ord. 1355, 10-15-2003]

Except as provided in division (H) of this section, or § 102.12, if the City Attorney determines that the factual circumstances warrant that a vehicle described in § 102.02 is subject to forfeiture, and are not automatically made forfeitable by another provision of this chapter, the City Attorney shall file a petition for forfeiture with the Superior Court of Riverside County.

A petition for forfeiture under this subdivision shall be filed as soon as practicable, but in any case within one year of the seizure of the vehicle which is subject to forfeiture.

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.

§ 102.08 Innocent parties; return of vehicle.

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 Superior 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 § 102.09, 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 by the Department 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 the Department finds 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, it shall forthwith send a notice 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 § 102.09.

(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:

(1)

A description of the vehicle;

(2)

The date and place of seizure;

(3)

The violation of law alleged with respect to forfeiture of the vehicle;

(4)

The instructions for filing and serving a claim with the City Attorney pursuant to § 102.09 and time limits for filing a claim.

(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. 1355, 10-15-2003]

Notwithstanding the provisions of this chapter, the Department shall return a seized vehicle upon the filing of a timely claim pursuant to § 102.09 and upon a showing by the claimant that:

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 § 102.02, and the vehicle is the sole vehicle available to the person's immediate family; or

The vehicle is owned by the employer of the person who used or maintained the vehicle while committing any nuisance described in § 102.02; or

The vehicle is owed 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 § 102.02; or

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 § 102.02.

§ 102.09 Claim procedures.

[Ord. 1355, 10-15-2003]

Any person claiming an interest in the vehicle seized pursuant to § 102.02 must at any time within 15 days from the date of the notice of seizure, file with the Superior Court of Riverside County a claim, verified in accordance with Cal. Code of Civil Procedure § 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 ten days of the filing of the claim.

§ 102.11 Forfeiture of vehicles determined to be nuisances.

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 Cal. 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.

§ 102.10 Forfeiture hearing.

[Ord. 1355, 10-15-2003]

With the respect to a vehicle described in § 102.02 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 § 102.02. Trial shall be before the court. The presiding judge of the Superior Court shall assign actions brought pursuant to this chapter for trial.

[Ord. 1355, 10-15-2003]

Upon proof by a preponderance of the evidence that the vehicle was used for any of the purposes set forth in § 102.02, the 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.

§ 102.12 Alternative settlement procedures.

[Ord. 1355, 10-15-2003]

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 § 102.02 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 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 attorney's 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 § 102.13, divisions (B) and (C).

§ 102.13 Sale of vehicles.

[Ord. 1355, 10-15-2003]

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:

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.

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.

The remaining funds shall be distributed to the Department 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.