Chapter 9.36 — SEIZURE AND FORFEITURE OF VEHICLES

"City" shall mean the City of Bellflower.

"Controlled substance" shall mean a drug, substance or immediate precursor as defined in California Health and Safety Code Section 11007, or any controlled substance analog as defined in California Health and Safety Code Section11401.

"Department" shall mean the Los Angeles County Sheriff's Department.

"Driver" shall mean any person who drives or is in physical control of a vehicle.

"Illegal dumping" shall mean 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" shall mean the last registered and legal owner of record of the vehicle that is used to commit an act of illegal dumping, or which is used by any person who acquires, or attempts to acquire, a controlled substance, or who commits an act of prostitution, pimping or pandering, as such owner is shown on records of the Department of Motor Vehicles or similar State entity.

"Pandering" shall mean the acts prohibited by California Penal Code Section266i.

"Pimping" shall mean the acts prohibited by California Penal Code Section266h.

"Prostitution" shall mean soliciting, agreeing to engage in, engaging or attempting to engage in lewd or sexual conduct for money or other consideration, or loitering for such purposes.

"Solid waste" shall mean all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, and related terms as described in Section 40191 of the California Public Resources Code.

"Vehicle" shall mean a vehicle as defined in California Vehicle Code Section 670. (Prior code § 3-22.1)

• A. Any person, or his/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.

• B. Any vehicle used to illegally acquire or attempt to acquire a controlled substance is declared to be a nuisance and the vehicle shall be enjoined and abated as provided in this chapter. This declaration of nuisance is made according to the authority of Government Code Section 38771.

• C. Any vehicle used for the purpose of illegal dumping is declared to be a nuisance and the vehicle shall be enjoined and abated as provided in this chapter. This declaration of nuisance is made according to the authority of Government Code Section 38771.

• D. Any vehicle used to commit acts of pandering, pimping, or prostitution, is declared to be a nuisance and the vehicle shall be enjoined and abated as provided in this chapter. This declaration of nuisance is made according to the authority of Government Code Section 38771.

(Prior code § 3-22.2)

All right, title and interest in any vehicle described in Section 9.36.020 shall vest in the City upon commission of the act giving rise to the nuisance under this chapter. (Prior code § 3-22.3)

• A. A peace officer may seize a vehicle subject to forfeiture under this chapter upon issuance of an order by a court having jurisdiction of the vehicle seizure without court order may be made in any of the following circumstances:

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

  2. There is probable cause to believe the vehicle was used in violation of this chapter.

• B. A peace officer seizing a vehicle under this chapter shall complete a receipt in accordance with Penal Code Section 1412 and deliver it to the person from whose possession the vehicle was seized. 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 Section 9.36.070.

• C. An immediate investigation shall be made by the public agency making the seizure as to any potential claimant to a vehicle whose right, title, interest, or lien is of record in the Department of Motor Vehicles of this or any other State or appropriate Federal agency. If the public agency finds that any person, other than the registered owner, is the legal owner, and the ownership did not arise subsequent to the date and time of arrest or seizure of the vehicle or notification of the forfeiture proceedings, it shall within two business days of the vehicle's seizure, send a notice of seizure to the legal owner at his/her address appearing on the records of the Department of Motor Vehicles of this or any other State or any appropriate Federal agency.

• D. The public agency seizing the vehicle shall provide any potential claimants discovered as a result of the investigation set out in Subsection (C) of this section with the opportunity for a post-seizure hearing to determine the validity of the seizure. The post-seizure hearing shall be conducted within two business days of the request. The public agency may authorize its own officer or employee to conduct the hearing if the Hearing Officer is not the same person who directed the seizure of the vehicle. Failure of either the registered or legal owner, or agent, to request or attend a scheduled hearing within the appropriate time frame shall satisfy the post-seizure requirement.

  1. The notice of seizure shall include the following:

     • a. The name, address and telephone number of the agency providing the notice;

     • b. The authority and reason for the seizure;

     • c. A statement that in order to receive their post-seizure hearing, the owners, or their agents, shall request the hearing in person, in writing, or by telephone within 10 calendar days of the date of the notice; and

     • d. The time in which a claim of interest in the vehicle seized or subject to forfeiture is required to be filed.

  2. A vehicle seized pursuant to this chapter, where appropriate may be held as evidence in any proceeding brought by the City Attorney or District Attorney.

3. 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.

(Prior code § 3-22.4)

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 lien holder upon the lien holder'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. The vehicle may be claimed upon payment of tow, storage and release charges, provided the vehicle is not subject to any holds for traffic or parking violations and the vehicle registration is current. (Prior code § 3-22.5)

• A. The City Attorney or District Attorney may, pursuant to this chapter, order the forfeiture of vehicles seized under this chapter.

• B. If the City Attorney or District Attorney determines that the factual circumstances warrant forfeiture of the vehicle described in Section 9.36.020, the City Attorney or District Attorney shall serve a notice of intended forfeiture upon any person who has an interest in the seized vehicle. The notice shall be served as soon as practicable, but in any event within 30 calendar days of the seizure of the vehicle subject to forfeiture.

• C. The notice of intended forfeiture shall be served as follows:

  1. The notice of intended forfeiture shall be served by personal delivery or certified mail, return receipt requested, upon any person who has an interest in the seized vehicle as determined pursuant to Section 9.36.040(C).

  2. 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. Substituted service may be accomplished by any one of the following methods:

     • a. By leaving a copy during usual business hours at the recipient's business with the person who is apparently in charge, and by thereafter mailing by first class mail a copy to the recipient where the copy was left;
  • b. By leaving a copy at the recipient's dwelling or usual place of abode, in the presence of a competent member of the household and thereafter mailing by first class mail a copy to the recipient at the address where the copy was left.

3. If the person entitled to service lives out of State and will not accept certified return receipt mail, then service may be made by first class mail.

4. If the person entitled to notice cannot be located, or service cannot be effected as set forth in this section, service may be made by publication in a Los Angeles newspaper of general circulation. Service shall be deemed sufficient when it is accomplished pursuant to Government Code Section 6063.

(Prior code § 3-22.6)

• A. A person claiming an interest in the vehicle seized pursuant to Section 9.36.020 must within 10 calendar days from the date of the notice of intended forfeiture or within 30 calendar days from the date of first publication of the notice of intended forfeiture, file with the Superior Court of the county in which the vehicle was seized, a claim opposing forfeiture, verified in accordance with Section 446 of the Code of Civil Procedure, stating his/her interest in the vehicle. An endorsed copy of the claim shall be served upon the City Attorney or the District Attorney who served the notice of intended forfeiture within 10 calendar days of the filing of the claim.

• B. If a verified claim is filed in accordance with this chapter, the forfeiture proceeding shall be set for hearing within 30 calendar days from the date the claim is filed with the court. The City Attorney or District Attorney shall file a petition for forfeiture within 10 calendar days of service of the claim upon the City Attorney or District Attorney.

• C. The hearing shall be before the Superior Court of Los Angeles County. The provisions of the 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, in proceedings under this chapter, there shall be no joinder of actions, coordination of actions, except for forfeiture proceedings, or crosscomplaints, and the issues shall be limited strictly to the questions related to this chapter. Trial shall be by court or jury.

• D. With respect to vehicles described in Section 9.36.020 for which forfeiture is sought and as to which forfeiture is contested, the City Attorney or District Attorney shall have the burden of proving by a preponderance of the evidence that the vehicle was used as set forth in Section 9.36.020.

• E. Upon proof that the vehicle was used for any of the purposes set forth in Section 9.36.020, the court shall declare the vehicle a nuisance and order that the vehicle be forfeited, sold, and the proceeds distributed as set forth in Section 9.36.110.

• F. 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. A written declaration of forfeiture signed by the City Attorney or District Attorney under this chapter shall be deemed to provide good and sufficient title to the forfeited vehicle. The proceeds from the disposal of the vehicle declared forfeited by the City Attorney or District Attorney shall be distributed in accordance with Section 9.36.110. The City Attorney or District Attorney ordering forfeiture pursuant to this chapter shall provide a copy of the declaration of forfeiture to any person who received notice of the forfeiture proceedings. (Prior code § 3-22.7)

Notwithstanding the provisions of this chapter, the Department shall return a seized vehicle upon the filing of a timely claim pursuant to Section 9.36.070 upon payment of tow, storage and release charges, provided the vehicle is not subject to any holds for traffic or parking violations and the vehicle registration is current, 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;

• 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, pandering, pimping or prostitution; or

• C. The vehicle is owned by a rental car agency with a duly executed contract of no more than 30 days 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.

(Prior code § 3-22.8)

Any person, or his/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 or agent. The executed settlement agreement shall be accompanied by the appropriate settlement fee amount in the form of a money order or cashier's check. The person executing the settlement agreement shall also be responsible for the payment of tow, storage, and release charges incurred as a result of the seizure of the vehicle.

(Prior code § 3-22.9)

A vehicle that has been reported stolen prior to a seizure under this chapter, shall not be subject to forfeiture unless the identity of the registered owner cannot be reasonably ascertained or the registered owner fails to redeem the vehicle within 60 days of the seizure. The registered owner of the vehicle may claim the vehicle upon payment of tow, storage and release charges, provided

BELLFLOWER CODE

the vehicle is not subject to any holds for traffic or parking violations and the vehicle registration is current.

(Prior code § 3-22.10)

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/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 title 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 City for deposit into its General Fund. (Prior code § 3-22.11)

Nothing in this chapter shall preclude an owner of a vehicle who suffers a monetary loss from the forfeiture of a vehicle under this chapter from recovering the amount of the actual monetary loss from the person who committed the act giving rise to forfeiture under this chapter. (Prior code § 3-22.12)

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. (Prior code § 3-22.13)