Long Beach Municipal Code Ch. 9.40 Seizure, Impoundment and Forfeiture of Vehicles

Footnotes:

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Note— Prior history: Prior code §§ 4170, 4170.1, 4170.2.

A. "Abate" and "abatement" mean an action to seize, impound, forfeit or otherwise remedy a nuisance related activity or condition by such means and in such manner as is necessary to protect the health, safety or general welfare of the public.

B. "City Prosecutor" shall include any authorized deputy City prosecutors.

C. "Community property" means an interest in property as defined in California Family Code section 760.

D. "Vehicle" means any transportation device as defined in California Vehicle Code section 670.

E. "Prostitution" means engaging in lewd or sexual conduct for money or other consideration and includes all definitions contained in the California Penal Code.

F. "Business day" means a day that Long Beach City Hall is open to conduct public business.

G. As used in this Chapter, "drug activity" means the purchase or possession of any illegal controlled substance as defined in the California Health and Safety Code or the California Penal Code.

(Ord. C 7853 § 1, 2003)

A. It shall be unlawful to use any vehicle to solicit an act of prostitution or in an attempt to solicit an act of prostitution, or used to engage in an act of prostitution, or to loiter for the purpose of soliciting an act of prostitution, and such vehicle is declared to be a public nuisance and shall be enjoined and abated as provided in this Section.

B. It shall be unlawful to use any vehicle to acquire or in an attempt to acquire a controlled substance, any such vehicle is declared to be a public nuisance and shall be enjoined and abated as provided in this Section.

(Ord. C 7853 § 1, 2003)

A peace officer may seize a vehicle under the following circumstances:

A. Upon the issuance of a forfeiture order by a court having jurisdiction over the vehicle;

B. Incident to an arrest for any offense related to the illegal activities described in Subsection 9.40.020.A or Subsection 9.40.020.B;

C. Incident to a valid search warrant for any offense related to the illegal activities described in Subsection 9.40.020.A or Subsection 9.40.020.B; or

D. When there is probable cause to believe the vehicle was used in violation of this Chapter.

(Ord. C 7835 § 1, 2003)

Subject to the provisions of this Chapter, all right, title and interest in any vehicle shall vest in the City of Long Beach immediately upon commission of the act giving rise to the public nuisance as described in this Chapter. A vehicle seized shall be impounded for thirty (30) days regardless of ownership and subject to disposition as provided in this Chapter.

(Ord. C 7853 § 1, 2003)

Except as provided in this Chapter, all vehicles seized shall be impounded for not less than thirty (30) days. If the City prosecutor does not order a vehicle forfeited it shall be released to the registered owner(s), legal owner(s) or to an authorized agent subject to the payment of fees and costs arising from impoundment.

A. Within two (2) business days following the day of seizure of the vehicle, the City of Long Beach shall send notice of seizure and impoundment by certified mail, return receipt requested, to each registered and legal owner of the vehicle at the address obtained from the Department of Motor Vehicles of this State or any other State or appropriate federal agency, informing the registered and legal owner(s) that the vehicle has been seized, impounded and may be subject to forfeiture.

B. If a vehicle is impounded for thirty (30) days and thereafter is not claimed by the registered owner(s), the legal owner(s) or an authorized agent, the City will sell the vehicle at lien sale to recover the towing and storage charges related to impoundment, any parking fines, penalties, and administrative fees.

C. Notwithstanding any other provisions of this Chapter, the registered owner(s) and/or the legal owner(s) shall be responsible for all towing and storage charges related to impoundment, any parking fines, penalties, and administrative fees incurred by the registered owner.

D. The City shall not be liable to the registered owner for the release of the vehicle to the legal owner, or the legal owner's agent, provided the legal owner(s) produces documents demonstrating legal ownership of the vehicle at the time of the release.

(Ord. C 7853 § 1, 2003)

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

(Ord. C 7853 § 1, 2003)

Subject to the provisions of this Chapter, the City Prosecutor may order the forfeiture of a vehicle seized and impounded as follows:

A. An order of forfeiture shall include:

1. A statement by the City Prosecutor declaring the vehicle forfeited to the City;

2. A description of the vehicle;

3. The date and place of seizure;

4. The unlawful act(s) alleged as the basis for forfeiture of the vehicle;

5. Instructions and a form for filing a claim opposing forfeiture;

6. The time limits for filing a claim opposing forfeiture;

7. An estimate of the value of the vehicle.

B. An order of forfeiture shall be served as follows:

1. The order of forfeiture shall be served by personal delivery or certified mail, return receipt requested, upon all registered and legal owners of the vehicle.

2. In the event that a registered or legal owner(s) 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 (1) of the following methods:

a. By leaving a copy of the order of forfeiture during usual business hours at the registered or legal owner's business address with the person who is apparently in charge, and by thereafter mailing by first class mail a copy to the registered or legal owner(s) where the copy was left;

b. By leaving a copy of the order of forfeiture at the registered or legal owner'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 registered or legal owner(s) at the address where the copy was left.

3. If the registered or legal owner(s) lives or is located out of State and will not accept certified return receipt mail, then service may be made by first class mail.

4. If the registered or legal owner(s) cannot be located, or service cannot be effected as set forth in this Subsection B, service may be made by publication in a Long Beach newspaper of general circulation. Service shall be deemed sufficient when it is accomplished pursuant to Government Code section 6063.

C. An order of forfeiture shall be served as soon as practicable, but no later than thirty (30) days following the date the vehicle was seized. If the City prosecutor fails to order the forfeiture of the vehicle within the thirty (30) days, the vehicle shall be released to the registered owner(s), legal owner(s) or an authorized agent at the end of the thirty (30) day impoundment subject to the payment of fees and costs arising from impoundment.

D. If no claim opposing forfeiture is timely filed pursuant to Section 9.40.080, the City Prosecutor shall prepare a written declaration of forfeiture of the vehicle to the City and dispose of the vehicle as provided by this Chapter. A written declaration of forfeiture signed by the City Prosecutor under this Chapter shall be deemed to provide good and sufficient title to the purchaser of the forfeited vehicle. A copy of the declaration of forfeiture shall be mailed to the person listed in the receipt given at the time of seizure and to all registered and legal owners of the vehicle.

E. If a claim opposing forfeiture is timely filed pursuant to Section 9.40.080, then the City Prosecutor may file a petition of forfeiture with the superior court within thirty (30) days of the receipt of the claim(s). The petition of forfeiture shall seek a court order adjudging that the vehicle was used for one (1) or more of the nuisance purposes set forth in this Chapter, that the vehicle is a public nuisance and ordering the vehicle be forfeited, sold, and the proceeds distributed as set forth in this Chapter. A copy of the petition of forfeiture shall be mailed to each person filing a claim opposing forfeiture.

(Ord. C 7853 § 1, 2003)

A. A person opposing an order of forfeiture for a vehicle seized pursuant to this Chapter must file a claim opposing forfeiture.

B. If the order of forfeiture was served by personal or substitute service, the time for filing a claim opposing forfeiture is ten (10) calendar days.

C. If the order of forfeiture was served by publication, the time for filing a claim opposing forfeiture is thirty (30) calendar days from the date of first publication of the order of forfeiture.

D. If the last day to file a claim opposing forfeiture falls on a day that City Hall is closed, then the claim opposing forfeiture must be filed no later than the close of business on the next business day for the City.

E. The provisions of California Code of Civil Procedure section 1013 shall apply to this service of the order of forfeiture pursuant to this Section.

F. Each person filing a claim opposing forfeiture must state what ownership interest they have in the vehicle.

G. All claims opposing forfeiture must be filed with the office of the City Prosecutor, Long Beach City Hall, second floor.

(Ord. C 7853 § 1, 2003)

A. A vehicle is not subject to impoundment or forfeiture and the City shall release a vehicle to the registered owner or legal owner(s) or to an authorized agent under any of the following circumstances:

1. When the vehicle was a stolen vehicle.

2. When the vehicle is subject to bailment and was driven by an employee of the bailee; such as a parking lot attendant or a garage mechanic.

B. A vehicle is not subject to forfeiture if a community property interest existed in such vehicle prior to the act giving rise to the nuisance under this Chapter and the community property interest owner meets all of the following requirements:

1. The community property interest owner requests release of the vehicle from the City Prosecutor prior to disposal of the vehicle by forfeiture.

2. The community property interest owner submits proof that a community property interest existed prior to the date of the act giving rise to the nuisance to the City Prosecutor.

3. The community property interest owner submits proof to the City Prosecutor that the vehicle is the only vehicle available to them and that the vehicle is one that may be operated with a class C driver's license.

4. The community property interest holder submits proof to the City Prosecutor that he or she, or an authorized driver other than a defendant in any criminal trial arising out of the act giving rise to the nuisance in this Chapter, is properly licensed and that the seized vehicle is properly registered and insured pursuant to the California Vehicle Code.

5. The community property interest holder is not a criminal suspect in a Police investigation of the act giving rise to the nuisance under this Chapter.

6. All towing and storage charges related to the seizure and impoundment and any administrative charges authorized by law are paid.

7. The community property interest owner signs a stipulated vehicle release agreement, in consideration for which the vehicle will not be forfeited. This requirement applies only if the community property interest owner requests release of the vehicle under this Section.

C. A vehicle is not subject to forfeiture if the registered owner(s) or legal owner(s) of the vehicle is a rental car company and at the time of the seizure of the vehicle it was rented for a period of thirty (30) days or less. The rental car company shall pay all towing and storage charges related to the seizure and impoundment and any administrative charges authorized by law.

D. A vehicle is not subject to forfeiture if a domestic partnership existed prior to the act giving rise to the nuisance under this Chapter and the domestic partnership meets all of the following requirements:

1. The domestic partner requests release of the vehicle from the City Prosecutor prior to disposal of the vehicle by forfeiture.

2. The domestic partner submits proof to the City Prosecutor that the domestic partnership was registered with the State of California or the City of Long Beach prior to the date of the act giving rise to the nuisance.

3. The domestic partner submits proof to the City Prosecutor that the vehicle is the only vehicle available to the domestic partnership and that the vehicle is one that may be operated with a class C driver's license.

4. The domestic partner submits proof to the City Prosecutor that he or she is an authorized driver and is not a defendant in any criminal trial arising out of the act giving rise to the nuisance in this Chapter, is properly licensed and that the seized vehicle is properly registered and insured pursuant to the California Vehicle Code.

5. The domestic partner is not a criminal suspect in a Police investigation of the act giving rise to the nuisance under this Chapter.

6. All towing and storage charges related to the seizure and impoundment and any administrative charges authorized by law are paid.

7. The domestic partner signs a stipulated vehicle release agreement, in consideration for which the vehicle will not be forfeited. This requirements applies only if the domestic partner requests release of the vehicle under this Section.

(Ord. C 7862 § 1, 2003; Ord. C 7853 § 1, 2003)

A. In all cases where vehicles seized pursuant to this Chapter are forfeited to the City, the vehicles shall be sold or otherwise disposed of and the proceeds shall be distributed and appropriated as follows:

1. To any lender, finance company or lien holder with an interest in the vehicle, if any, up to the amount of security interest in the vehicle.

2. Each department of the City that incurred costs related to the seizure, impoundment, forfeiture and disposal of the vehicle shall be reimbursed.

3. All remaining proceeds shall be distributed to a special account established and maintained by the City of Long Beach for local crime prevention programs, neighborhood nuisance abatement efforts, and community development activities that improve the quality of life for the citizens of Long Beach in accordance with criteria to be developed by the City Manager.

4. The funds distributed to a City department pursuant to this Section shall not supplant any funds that would, in the absence of this Section, be made available to support those departments.

(Ord. C 7853 § 1, 2003)