Imperial Beach Municipal Code Ch. 3.32 Law Enforcement Forfeited Property and Assets

A. Notwithstanding other City ordinances relating to similar issues, this chapter establishes a law enforcement forfeited property and assets program, whereby the City may receive forfeited property and assets transferred to it from the San Diego County Sheriff's Department in accordance with Section 8 of the Agreement for General Law and Traffic Enforcement Services and other pertinent authority such as the Comprehensive Crime Control Act of 1984 (21 USC Section 873 et seq.), the United States Attorney General's Guidelines on Seized and Forfeited Property (Paragraph III D.3.e), and California Health and Safety Code Sections 11470 through 11493.

B. Such property and assets are those which have been seized or collected by contracted law enforcement personnel during the investigation of criminal activities, subsequently forfeited by judicial or administrative decision, and transferred to the City as a result of participation by contracted law enforcement personnel. The program's purpose shall be to provide an added incentive to the City to assist contracted law enforcement personnel in the fight against crime, especially illegal drug trafficking.

(Ord. 789 § 1(A), 1989)

The moneys received by the forfeited property and assets program established by this chapter, the moneys received from the sale of any forfeited tangible property or other asset covered by this chapter, and any interest thereon shall be deposited into a law enforcement forfeited property and asset fund. The fund shall be used by the City exclusively for law enforcement purposes.

(Ord. 789 § 1(B), 1989)

Title to all property/assets pursuant to this program shall be taken in the name of the City and shall vest in the City. Upon receipt of any transferred property/asset, the City Manager shall immediately notify the Director of Administrative Services of the acquisitions. The Director of Administrative Services shall make the necessary entries in the City's inventory and accounting records, using the property's/asset's fair market value on the date of acquisition, as determined by the City's purchasing agent. Whenever the City deems it necessary or expedient to sell forfeited non-cash property/assets received, the proceeds shall be deposited in the law enforcement forfeited property and asset fund.

(Ord. 789 § 1(C), 1989)

The City Manager, in cooperation with the Director of Administrative Services, shall establish regular accounting and reporting procedures in connection with the law enforcement forfeited property and assets program with strict accountability. A report shall be provided to the City Manager by the Director of Administrative Services, on at least an annual basis, detailing all moneys and tangible assets received, all deposits and disbursement, and such other information as the City Manager may require.

(Ord. 789 § 1(D), 1989)