Chapter 95.5 — SEIZURE AND FORFEITURE OF VEHICLES

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CITY. The City of Baldwin Park.

CONTROLLED SUBSTANCE. A drug, substance or immediate precursor as defined in Cal. Health and Safety Code § 11007, or any controlled substance analog as defined in Cal. Health and Safety Code § 11401. DEPARTMENT. The Police Department of the City of Baldwin Park.

ILLEGAL DUMPING. The dumping, depositing, placing or burying of any solid waste in or upon any lot, land or public place, or in any water or waterway, unless such place of disposal is used by the city for a disposal or reclamation site or such solid waste is deposited in a receptacle intended to be used for the disposal of such solid waste.

OWNER. The last registered and legal owner of record of the vehicle that is used to illegally dump solid waste or which is used by any person who acquires, or attempts to acquire, a controlled substance or who solicits or agrees to engage, or engages in, an act of prostitution, or who engages in pimping or pandering, as such owner is shown on records of the Department of Motor Vehicles or similar state entity.

PANDERING. The acts prohibited by Cal. Penal Code § 266i.

PIMPING. The acts prohibited by Cal. Penal Code § 266h.

PROSTITUTION. The acts prohibited by Cal. Penal Code § 647(b).

SOLID WASTE. Garbage, hazardous waste, refuse, and rubbish as those terms are defined in § 50.01 of this Code. VEHICLE. A vehicle as defined in Cal. Vehicle Code § 670.

(Ord. 1218, passed 11-19-03)

Any person, or his or her servant, agent or employee who owns, leases, conducts, uses or maintains any vehicle for the purpose of (1) acquiring or attempting to acquire a controlled substance, (2) illegal dumping, or (3) pandering, pimping, or prostitution, shall be guilty of committing a nuisance. Any vehicle used to (1) acquire or attempt to acquire a controlled substance, (2) illegally dump, or (3) to commit acts of pandering, pimping, or prostitution, is also declared to be a nuisance and shall be subject to seizure and forfeiture as provided in this chapter. This declaration of nuisance is made according to the authority of Government Code § 38771. (Ord. 1218, passed 11-19-03)

Subject to the requirements of §§ 95.5.04 and 95.5.08, 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 (1) acquire or attempt to acquire a controlled substance, (2) illegally dump, or (3) commit acts of pandering, pimping, or prostitution, shall vest in the city upon commission of the act giving rise to forfeiture.

(Ord. 1218, passed 11-19-03)

(A) 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 for the purpose of

acquiring or attempting to acquire a controlled substance, illegal dumping, pandering, pimping, or prostitution.

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

(B) 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.

(C) 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 § 95.5.09.

(Ord. 1218, passed 11-19-03)

A vehicle seized pursuant to § 95.5.04, where appropriate, may be held for evidence. The City Attorney or District Attorney shall institute and maintain the proceedings.

(Ord. 1218, passed 11-19-03)

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 or District 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. (Ord. 1218, passed 11-19-03)

(A) Except as provided in division (G), if the City Attorney or District Attorney determines that factual circumstances warrant that the vehicle is subject to forfeiture, and is not automatically made forfeitable by another provision of this chapter, the City Attorney or District Attorney shall file a petition for forfeiture with the Superior Court of Los Angeles County.

(B) A petition for forfeiture under this division 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.

(C) 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 or District Attorney may seek protective orders for any such vehicle.

(D) The City Attorney or District 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 Los Angeles 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 § 95.5.09, 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 Los Angeles 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 state 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 § 95.5.09.

(G) The City Attorney or District Attorney may, pursuant to this section, order the forfeiture of the vehicle seized pursuant to this chapter. The City Attorney or District Attorney shall provide notice of the proceedings under this section, including:

• (1) A description of the vehicle.

• (2) The date and place of seizure.

• (3) The violation of law alleged with respect to the forfeiture of the vehicle.

• (4) The instructions for filing and serving a claim with the City Attorney or District Attorney pursuant to §

• 95.5.09 and time limits for filing a claim.

(a) If no claims are timely filed, the City Attorney or District 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 or District Attorney under this section shall be deemed to provide good and sufficient title to the forfeited vehicle. The City Attorney or District 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.

(b) If a claim is timely filed within 15 days, then the City Attorney or District Attorney shall file a petition for forfeiture pursuant to this section within 30 days of receipt of the claim.

(Ord. 1218, passed 11-19-03)

Notwithstanding the provisions of this chapter, the Department shall return a seized vehicle upon the filing of a timely claim pursuant to § 95.5.07 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 for the purpose of acquiring or attempting to acquire a controlled substance, illegal dumping, pandering, pimping, or prostitution, and the 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 for the purpose of acquiring or attempting to acquire a controlled substance, illegal dumping, pandering, pimping or prostitution; 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 for the purpose of acquiring or attempting to acquire a controlled substance, illegal dumping, pandering, pimping or prostitution.

(Ord. 1218, passed 11-19-03)

(A) Any person claiming an interest in the vehicle seized must at any time within 15 days from the date of the notice of seizure, file with the Superior Court of Los Angeles County a claim, verified in accordance with Cal. Civil Procedure Code § 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 or District Attorney within ten days of the filing of the claim.

• (B) 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 the Cal. Civil Procedure Code shall apply to the 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.

(Ord. 1218, passed 11-19-03)

With respect to a vehicle 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 for acquiring or attempting to acquire a controlled substance, illegal dumping, pandering, pimping or prostitution, as those crimes are defined in this chapter. Trial shall be before the court or jury. The presiding judge of the Superior Court shall assign actions brought pursuant to this chapter for trial.

(Ord. 1218, passed 11-19-03)

Upon proof that a vehicle was used for any of the purposes set forth in § 95.5.02, the court shall declare that such vehicle is a nuisance and order that the vehicle be seized, forfeited and sold and the proceeds distributed in accordance with this chapter.

(Ord. 1218, passed 11-19-03)

Any person, or his or her servant, agent or employee who owns, leases, conducts, uses or maintains any vehicle for the purpose of acquiring or attempting to acquire a controlled substance, illegal dumping, pandering, pimping, or prostitution, 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. 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 or cashier’s check. (Ord. 1218, passed 11-19-03)

In all cases where a vehicle is seized and forfeited to the city, the vehicle shall be sold, or if cash is paid as settlement in lieu of forfeiture of the vehicle, the proceeds 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 or District Attorney declares the forfeiture and orders a distribution for that purpose.

(B) To the city for all expenditures made or incurred by it in connection with the publication of 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.

(Ord. 1218, passed 11-19-03)

This chapter is not the exclusive regulation or penalty for acquiring or attempting to acquire a controlled substance, illegal dumping, pandering, pimping or prostitution. 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.

(Ord. 1218, passed 11-19-03)