La Mesa Municipal Code Ch. 10.13 Seizure and Forfeiture of Nuisance Motor Vehicles Used in The…

Any motor vehicle as that term is defined in California Vehicle Code Section 415 used to solicit an act of prostitution or to acquire or attempt to acquire any controlled substance is declared a nuisance, and the motor vehicle shall be enjoined and abated as provided in this chapter. Any person or his or her servant, agent or employee who owns, leases, conducts or maintains any motor vehicle used for any of the purposes of acts set forth in this section shall have engaged in the act of creating a nuisance.

(Ord. 2001-2712 § 1 (part); April 10, 2001)

Upon appropriate proof that a motor vehicle was used for any of the purposes set forth in Section 10.13.010, upon appropriate motion to and action by a court of competent jurisdiction, the motor vehicle shall be declared a nuisance and ordered to be forfeited and sold with the proceeds therefrom to be distributed as set forth in Section 10.13.090.

(Ord. 2001-2712 § 1 (part); April 10, 2001)

All right, title and interest in any motor vehicle constituting a nuisance pursuant to Section 10.13.010 shall vest in the city upon the commission of the act resulting in the application of nuisance status pursuant to this chapter.

(Ord. 2001-2712 § 1 (part); April 10, 2001)

Motor vehicles subject to forfeiture pursuant to this chapter may be seized by any peace officer upon process issued by any court possessing jurisdiction over the motor vehicle. Seizure without process may be made if any of the following situations exist:

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

(b) There is probable cause to believe that the property was used in violation of this chapter.

(Ord. 2001-2712 § 1 (part); April 10, 2001)

Receipts for motor vehicles seized pursuant to this chapter shall be delivered to any person out of whose possession such vehicle was seized in accordance with Section 1412 of the California Penal Code.

(Ord. 2001-2712 § 1 (part); April 10, 2001)

Motor vehicles seized pursuant to Section 10.13.040, where appropriate, may be held for evidence. The city attorney or the district attorney may institute and maintain the appropriate proceedings.

(Ord. 2001-2712 § 1 (part); April 10, 2001)

(a) Except as provided in subsection (g) of this section, if the city attorney or district attorney determines that the factual circumstances warrant that a motor vehicle constitutes a nuisance and is subject to forfeiture pursuant to this chapter, the city attorney or district may file a petition for forfeiture with the Superior Court of San Diego County.

(b) 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 motor vehicle which is subject to forfeiture.

(c) The city attorney or district attorney shall cause a 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 San Diego County, to be served by personal delivery or by registered mail upon any person who has an interest in the seized vehicle. Whenever a notice is delivered pursuant to this section, it shall be accompanied by a claim form as described in Section 10.13.080 and directions for the filing and service of a claim.

(d) An investigation shall be made by the La Mesa police department as to any claimant to a motor vehicle whose right, title, interest, or lien is of record in the Department of Motor Vehicles or appropriate federal agency. If the La Mesa police department finds that any person, other than the registered owner, is the legal owner thereof, 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.

(e) All notices shall set forth the time within which a claim of interest in the motor vehicle seized or subject to forfeiture is required to be filed pursuant to Section 10.13.080.

(f) With respect to motor vehicles subject to Section 10.13.010 for which forfeiture is sought and as to which forfeiture is contested, the city of La Mesa shall have the burden of proving by a preponderance of the evidence that the vehicle was used as set forth in Section 10.13.010. Trial shall be before a court or jury. The presiding judge of the Superior Court shall assign the action brought pursuant to this chapter for trial.

(g) The city attorney or district attorney may, pursuant to this subsection, order the forfeiture of motor vehicles seized under this chapter. The city attorney or district attorney shall provide notice of the proceedings under this subsection including:

(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 motor vehicle;

(4) The instructions for filing and serving a claim with the city attorney or district attorney pursuant to Section 10.13.080 and time limits for filing a claim.

(h) If no claims are timely filed, the city attorney or district attorney shall prepare a written declaration of forfeiture of the motor vehicle to the city and dispose of the property in accordance with Section 10.13.090. 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 property. The district attorney or 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, then the city attorney or district attorney shall file a petition for forfeiture pursuant to this section within thirty days of receipt of the claim.

(Ord. 2001-2712 § 1 (part); April 10, 2001)

(a) Any person claiming an interest in the motor vehicle seized pursuant to Section 10.13.080 must, at any time within ten days from the date of the notice of seizure, file with the Superior Court of San Diego County a claim, verified in accordance with Section 446 of the California Code of Civil Procedure, stating his or her interest in the property. 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) (1)

If a verified claim is filed, the forfeiture proceeding shall be set for hearing on a day not less than thirty days therefrom.

(2) The hearing shall be before the court.

(3) 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 pursuant to this chapter, there shall be no joinder of actions, coordination of actions, except for forfeiture proceedings, or cross-complaints, and the issues shall be limited strictly to the questions related to this chapter.

(Ord. 2001-2712 § 1 (part); April 10, 2001)

In all cases where motor vehicles seized pursuant to this chapter are forfeited to the city, the vehicles shall be sold and any monies received may be placed in a special fund held by the city for purposes of recompensing the city and its various departments for the costs of enforcing this chapter and other criminal laws.

(Ord. 2001-2712 § 1 (part); April 10, 2001)