Chapter 9.30 — SPEED CONTESTS OR EXHIBITIONS OF SPEED

As used in this chapter, the following words and phrases shall have the meanings defined in this section unless the context clearly requires otherwise:

"Business day" means any weekday other than a Saturday, Sunday, or legal holiday which falls on a day other than a Saturday or Sunday.

"City" means the City of Norwalk.

"Claimant" means any person claiming an interest in a nuisance vehicle subject to seizure of forfeiture under this chapter, either by properly requesting a post-seizure hearing as set forth in Section 9.30.070(E) of this chapter, or by properly filing a claim opposing forfeiture as set forth in Section 9.30.080(C) of this chapter.

"Director" means the Director of Public Safety of the City of Norwalk, or designee thereof.

"Illegal exhibition of speed" or "illegal speed contest" means either any exhibition of speed referred to in California Vehicle Code Section 23109(a) or (c). "Illegal exhibition of speed" or "illegal speed contest" shall also include:

1. Any incident where a motor vehicle is raced on a public street or highway against another motor vehicle, a clock, or other timing device where the presence of two or more spectators is known to the driver or may be reasonably anticipated by the driver; and/or

2. Any willful act of showing off or displaying a dangerous or imprudent speed in a vehicle on a public street or highway, or private property generally open to the public, where the presence of two or more spectators is known to the driver or may be reasonably anticipated by the driver; and/or

3. Any incident where a motor vehicle is driven upon a highway or in an off-street parking facility in a willful or wanton disregard for the safety of persons or property, as prohibited by California Vehicle Code Section 23103(a) and (b).

For purposes of this definition, an event in which the time to cover a prescribed route of more than 20 miles is measured, but in which the vehicle does not exceed the speed limits, is not a "speed contest."

"Immediate family" means father, mother, sister, or brother.

"Legal owner" means a person holding a security interest in a vehicle as referenced in California Vehicle Code Section 370 (as that section may be amended from time to time).

"Preparations" includes, but is not limited to, any situation in which:

1. A group of motor vehicles or individuals have arrived at a location for the purposes of participating in or being spectators at an illegal speed contest or illegal exhibition of speed;

2. Two or more persons have lined one or both sides of a public street or highway for the purposes of participating in or being a spectator at an illegal speed contest or illegal exhibition of speed;

3. Two or more persons have gathered on private property generally open to the general

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City of Norwalk, CA

PUBLIC PEACE, MORALS AND WELFARE

§ 9.30.010

§ 9.30.030

public without the consent of the owner, operator, or agent thereof and for the purpose of participating in or being a spectator at an illegal speed contest or illegal exhibition of speed;

4. One or more persons have impeded the free public use of a public street or highway by actions, words, or physical barriers for the purposes of conducting an illegal speed contest or illegal exhibition of speed;

5. Two or more vehicles have lined up with motors running for an illegal speed contest or illegal exhibition of speed;

6. One or more drivers is revving the engine or spinning the tires of a motor vehicle in preparation for an illegal speed contest or illegal exhibition of speed; and/or

7. A person is stationed at or near one or more motor vehicles to serve as a "race starter" at an illegal speed contest or illegal exhibition of speed.

"Registered owner" means a person registered with the California Department of Motor Vehicles as the owner of a vehicle, and shall otherwise have the same meaning as set forth in California Vehicle Code Section 505 (as that section may be amended from time to time).

"Spectator" means any individual who is within 200 feet of an illegal speed contest or illegal exhibition of speed, or within 200 feet of any location where preparations are being made for such activities, for the purpose of attending, viewing, observing, watching, or witnessing the events as they progress.

(Ord. 22-1736 § 1; Ord. 23-1742 § 1)

• A. It is unlawful and a misdemeanor for any person to be present as a spectator, either on a public street or highway, or on private property generally open to the public without the consent of the owner, operator, or agent thereof, at an illegal speed contest or illegal exhibition of speed.

• B. It is unlawful and a misdemeanor for any person to be present as a spectator, either on a public street or highway, or on private property generally open to the public without the consent of the owner, operator, or agent thereof, where preparations are being made for an illegal speed contest or illegal exhibition of speed.

• C. Exemption. Nothing in this section prohibits law enforcement officers or their agents from being spectators at an illegal speed contest or illegal exhibition of speed in the course of their official duties.

• D. This chapter is not intended to and does not criminalize the innocent use of the public rightof-way by passers-by who may happen upon such illegal activities.

• (Ord. 22-1736 § 1)

Notwithstanding any other provision of law, to prove a violation of Section 9.30.020 of this chapter, admissible evidence may include, but is not limited to, any of the following:

• A. The time of day;

• B. The nature and description of the scene;

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City of Norwalk, CA § 9.30.030

NORWALK CODE

§ 9.30.050

• C. The number of people at the scene;

• D. The location of the person charged in relation to any other person or group of persons at the scene;

• E. The number and description of motor vehicles at the scene;

• F. The time at which the individual arrived at the scene;

• G. The time at which the individual lingered at the scene;

• H. Whether the individual participated in, aided, or abetted the illegal speed contest or illegal exhibition of speed, including, but not limited to, acting as a "race starter" or standing in the road in such a manner as to block access by other vehicles to the area used for such illegal purposes;

• I. The manner in which the person charged arrived at the scene; and/or

• J. Any prior presence as a spectator, attendance at, participation in, or aiding and abetting of any illegal speed contest or illegal exhibition of speed, or the same at any location where preparations for an illegal speed contest or illegal exhibition of speed were in progress, where such prior act is relevant to prove some fact, including, but not limited to, motive, opportunity, intent, preparation, plan, knowledge, identity, and absence of mistake or accident.

• (Ord. 22-1736 § 1)

The list of circumstances set forth in Section 9.30.030 of this chapter is not exclusive. Evidence of prior acts may be admissible to show the propensity of the defendant to be present at or to attend an illegal speed contest or illegal exhibition of speed, if the prior act or acts occurred within three years of the presently charged offense. These prior acts may always be admissible to show knowledge on the part of the defendant that a speed contest or exhibition of speed was taking place at the time of the presently charged offense, and to contest that the defendant was present at the scene due to mistake or accident. Prior acts are not limited to those that occurred within the City of Norwalk.

(Ord. 22-1736 § 1)

A motor vehicle shall be declared a nuisance and shall be seized by a peace officer and subject to forfeiture in accordance with the provisions of this chapter if:

• A. It is used in violation of California Vehicle Code Section 21309(a) or (c), or in violation of Norwalk Municipal Code Section 9.30.020; and

• B. Either:

  1. The vehicle is driven by or occupied by any of the following persons at the time of the violation:

     • a. The registered owner of the vehicle, or

     • b. A member of the registered owner's immediate family, or

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City of Norwalk, CA

§ 9.30.050

§ 9.30.070

PUBLIC PEACE, MORALS AND WELFARE

• c. A person who resides at the same address as the registered owner of the vehicle, or

2. The driver or a passenger in the vehicle at the time of the violation has had prior contact in the same vehicle, as determined by law enforcement records.

(Ord. 23-1742 § 2)

A peace officer may seize a vehicle that is subject to forfeiture under the provisions of this chapter in any of the following circumstances:

• A. Upon issuance of an order by a court having jurisdiction of the vehicle; or

• B. The seizure is incident to an arrest or search pursuant to a warrant; or

• C. There is probable cause to believe the vehicle is a nuisance vehicle as described in Section 9.30.050.

• (Ord. 23-1742 § 3)

• A. Receipt. A peace officer seizing a vehicle under this section shall complete a receipt in accordance with Penal Code Section 1412 (as that section may be amended from time to time) and deliver it to the person from whose possession the vehicle was seized.

  1. For purposes of this section, a completed Vehicle Report (CHP 180 Form) shall satisfy the requirements of a receipt as set forth in California Penal Code Section 1412 and subsection A of this section.

• B. Investigation. An immediate investigation shall be made by the Director to determine if there is any potential claimant whose right, title, interest, or lien to a vehicle that has been seized is of record in the Department of Motor Vehicles of this or any other State or appropriate agency. Claimants shall include, but shall not be limited to:

  1. Person in possession of the nuisance vehicle at the time the vehicle was seized;

  2. Registered owner of the nuisance vehicle at the time of arrest or the seizure of the vehicle;

  3. Legal owner of the nuisance vehicle at the time of arrest or the seizure of the vehicle.

• C. Notice of Seizure.

  1. Issuance. Whenever a peace officer seizes a vehicle pursuant to the provisions of this chapter, a Notice of Seizure shall be issued as follows:

     • a. A Notice of Seizure shall be issued to the person from whose possession the nuisance vehicle was seized, at the time of seizure;

     • b. If the Director's investigation (pursuant to subsection B of this section) reveals any potential claimants other than the person from whom the nuisance vehicle was seized, and whose right, title, interest, or lien existed prior to the date of the commission of the act giving rise to the nuisance, a Notice of Seizure shall be

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City of Norwalk, CA § 9.30.070

NORWALK CODE

§ 9.30.070

issued to each such claimant within two business days following the date the vehicle was seized.

2. Service.

   • a. Person in Possession. A Notice of Seizure shall be personally served upon the person from whose possession the nuisance vehicle was seized.

   • b. Claimant. A Notice of Seizure shall be served by first class mail upon each claimant at the claimant's address appearing on the records of the applicable State's Department of Motor Vehicles or other appropriate Federal agency.

   • c. A copy of each Notice of Seizure shall be forwarded to the City Attorney and/or City Prosecutor.

3. Contents of Notice of Seizure. The Notice of Seizure shall include the following:

   • a. A description of the seized nuisance vehicle, including its make, model, license plate number, and Vehicle Identification Number (VIN);

   • b. The location, authority, and reason for the seizure of the nuisance vehicle;

   • c. A statement describing the opportunity for a post-seizure hearing as specified in subsection E of this section, and the requirements and time limits for requesting such a hearing; and

• d. A statement that a report of the seizure shall be sent to the City Attorney and/or City Prosecutor for review for institution of forfeiture proceedings.

• D. Seized Vehicle as Evidence. A nuisance vehicle seized pursuant to the provisions of this chapter, where appropriate, may be held for evidence in any proceeding brought by the City Attorney, City Prosecutor, or District Attorney.

• E. Post-Seizure Hearing.

  1. Request for Hearing. Any claimant who desires a post-seizure hearing must make a request to the Public Safety Department of the City of Norwalk in person, in writing, or by telephone as specified in the Notice of Seizure. The request must be made within 10 business days of the date of the Notice of Seizure. Failure to make a request within the time allowed and in the proscribed manner shall constitute the claimant's waiver of any right to a post-seizure hearing and satisfies the requirement for such a hearing.

  2. Time for Hearing. A post-seizure hearing shall be provided to any claimant who timely filed a request for hearing in accordance with the provisions of this chapter, within five business days of the date of the first request received by the Public Safety Department from any claimant.

  3. Hearing Officer. The Director may conduct the post-seizure hearing, or may authorize any City Official or Deputy of the Los Angeles County Sheriff's Department to conduct the post-seizure hearing or other independent hearing officer, provided that said person is not the same person who directed or participated in the seizure of the nuisance vehicle.

  4. Notice of Hearing—Multiple Claimants. If there are multiple claimants, then upon

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City of Norwalk, CA

PUBLIC PEACE, MORALS AND WELFARE

§ 9.30.070

§ 9.30.080

receipt of the first request for a post-seizure hearing made in accordance with the requirements of this chapter, the Director, or designee thereof, shall send written notice, via first class mail, of the date, time, and location of the post-seizure hearing to all claimants (irrespective of whether the additional claimants have filed a request for hearing).

5. Conduct of Hearing. The hearing officer shall determine whether there was probable cause to believe that the vehicle that was seized constitutes a nuisance vehicle as set forth in this chapter.

   • a. The hearing officer shall have the authority, but not the obligation, to conduct the post-seizure hearing in the same manner as a vehicle post-storage hearing conducted pursuant to California Vehicle Code Section 22852 (except where those provisions conflict with the provisions of this chapter, in which case, the provisions of this chapter shall control).

   • b. Claimants who cannot attend the post-seizure hearing as scheduled and wish to be heard, may send a written statement for the hearing officer's consideration to the hearing officer as specified in the Notice of Seizure.

   • c. The hearing officer is not required to conduct multiple post-seizure hearings for each seized nuisance vehicle.

If the hearing officer determines that no probable cause existed for the seizure, the vehicle will be released as soon as practicable to the appropriate claimant without imposing any towing and/or storage charges.

If the hearing officer determines that probable cause existed for the seizure, then forfeiture proceedings against the vehicle will continue as provided in Section 9.30.080 of this chapter.

6. Notice to City Attorney. The City Attorney and/or City Prosecutor and each claimant shall be notified of the results of the post-seizure hearing (including of any release of vehicle).

7. Towing and Storage Fees. Charges for towing and/or storage, as well as administrative fees, for any vehicle seized pursuant to the provisions of this chapter shall be set forth by resolution of the City Council.

• (Ord. 23-1742 § 4)

The City Attorney or City Prosecutor may, pursuant to this section, order the forfeiture of nuisance vehicles seized pursuant to this chapter.

• A. Upon referral by the Director, or designee thereof, the City Attorney or City Prosecutor shall review the factual circumstances surrounding the seizure and potential forfeiture of a nuisance vehicle, and shall determine whether the circumstances warrant forfeiture of the nuisance vehicle, and, if so, whether any forfeiture exception set forth in subsection F of this section applies.

• B. Notice of Intended Forfeiture. In those instances where forfeiture is warranted, the City

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City of Norwalk, CA § 9.30.080

NORWALK CODE

§ 9.30.080

Attorney or City Prosecutor shall cause a Notice of Intended Forfeiture to be served upon any person who has a legal interest in the nuisance vehicle as determined by the investigation pursuant to Section 9.30.070(B) of this chapter.

1. Contents. The Notice of Intended Forfeiture shall include the following:

   • a. The vehicle and seizure information presented in the Notice of Seizure;

   • b. Notice that administrative forfeiture proceedings have begun and can be opposed only by filing a claim opposing the forfeiture, the time limits for filing the claim, and instructions for filing and serving the claim;

   • c. Notice that failure to properly and timely file and serve the claim will result in a waiver of the right to oppose the forfeiture of the vehicle and in the actual forfeiture of the vehicle.

2. Service. The Notice of Intended Forfeiture shall be served as follows:

   • a. The Notice shall be served as soon as practicable and no later than 30 calendar days of the seizure of the vehicle subject to forfeiture;

   • b. The Notice shall be served via personal delivery or certified mail, return receipt requested, upon each person who has an interest in the vehicle as determined by the investigation pursuant to Section 9.30.070(B) of this chapter.

   • c. In the event that the person entitled to service refuses to accept the Notice via certified mail, return receipt requested, or cannot otherwise be personally served, service may be made by substituted service by any of the following methods:

     • i. By leaving a copy of the Notice during usual business hours at the recipient's business with the person who is apparently in charge, and, thereafter, by mailing a copy of the Notice via first class mail to the recipient where the copy was left; or

     • ii. By leaving a copy of the Notice at the recipient's dwelling or usual place of abode, in the presence of a competent member of the household, and, thereafter, by mailing a copy of the Notice via first class mail to the recipient where the copy was left.

   • d. If the person entitled to service lives out of State and will not accept service of the Notice via certified mail, return receipt requested, then service may be made via first class mail.

• e. If the person entitled to service cannot be located or service cannot be made as set forth in this subsection, service may be made by publication in a local newspaper of general circulation as set forth in California Government Code Section 6063.

• C. Claim Opposing Forfeiture. Any person claiming an interest in a vehicle seized pursuant to the provisions of this chapter seeking to oppose the administrative forfeiture of a seized vehicle must file a Claim Opposing Forfeiture with the Los Angeles Superior Court within 10 business days of the date of the Notice of Intended Forfeiture or within 30 calendar days

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City of Norwalk, CA

PUBLIC PEACE, MORALS AND WELFARE

§ 9.30.080

§ 9.30.080

from the first date of publication of the Notice of Intended Forfeiture.

1. The Claim shall be verified in accordance with California Code of Civil Procedure Section 446 (or any successor provision or section), stating the claimant's interest in the vehicle.

2. The claimant must serve a court-conformed copy of the claim upon the City Attorney's Office or City Prosecutor's Office that issued the Notice of Intended Forfeiture within 10 business days of the date the Claim was filed.

3. Upon the proper and timely filing and service of a Claim Opposing Forfeiture, the forfeiture proceeding will continue as provided in subsection D of this section.

4. The failure of a person with an interest in a nuisance vehicle to properly and timely file a Claim Opposing Forfeiture shall be deemed a waiver of the interested person's interest in the nuisance vehicle and of the right to oppose a forfeiture of the nuisance vehicle. In such instance, the forfeiture proceeding shall proceed in accordance with subsection E of this section.

   • a. A Claim Opposing Forfeiture that is properly and timely filed that is subsequently withdrawn by the claimant shall be deemed to not have been filed. In such instance, the forfeiture proceeding shall proceed in accordance with subsection E of this section.

• D. Judicial Forfeiture.

  1. If a verified claim is filed in accordance with the provisions of this section, the City Attorney or City Prosecutor shall file a petition for forfeiture with the Los Angeles Superior Court within 10 calendar days of service upon the City Attorney or City Prosecutor of a Claim Opposing Forfeiture, and shall also serve the claimant with a copy.

  2. A judicial forfeiture proceeding shall be deemed a limited civil case, and the provisions of the Code of Civil Procedure shall apply to proceedings under this section unless otherwise inconsistent with the provisions or procedures set forth in this section. However, in proceedings under this section, there shall be no joinder or coordination of actions (except for forfeiture proceedings) or cross-complaints, and the issues shall be limited strictly to the questions related to this section.

  3. The City shall have the burden of proving by a preponderance of the evidence that the vehicle subject to forfeiture constitutes a nuisance vehicle as defined in this chapter.

4. Upon proof that the vehicle was used for any of the purposes set forth in Section 9.30.050 of this chapter, the court shall declare the vehicle a nuisance and order that the vehicle be forfeited and the proceeds upon sale be distributed as set forth in subsection (H)(2) of this section.

   • a. If the vehicle which has been declared a nuisance and ordered forfeited to the City is not in the City's possession, the court shall issue a seizure order for the vehicle forthwith.

   • b. The court may make a different distribution of the proceeds, if the court finds that the claimant did not know that the vehicle was used for a purpose that

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City of Norwalk, CA

NORWALK CODE

§ 9.30.080

§ 9.30.080

constitutes a violation of this chapter.

5. A judgment of forfeiture does not require as a condition precedent the conviction of a defendant for the current violation which gave rise to the nuisance and caused these forfeiture proceedings to be initiated.

• E. Administrative Forfeiture. If no Claim Opposing Forfeiture is timely filed and served as set forth in this section, the City Attorney or City Prosecutor shall prepare a written Declaration of Forfeiture of the nuisance vehicle to the City. A written Declaration of Forfeiture signed by the City Attorney or City Prosecutor under this section shall be deemed to provide good and sufficient title to the forfeited vehicle. The proceeds from the disposal of the nuisance vehicle declared forfeited shall be distributed in accordance with subsection (H)(2) of this section. The City Attorney or City Prosecutor ordering forfeiture pursuant to this chapter shall serve via personal service or first class mail a copy of the Declaration of Forfeiture to all persons who received a Notice of Intended Forfeiture.

• F. Exceptions to Forfeiture of Nuisance Vehicles. Notwithstanding the provisions of this chapter, the City Attorney or City Prosecutor shall order the return of a seized vehicle, and said vehicle shall not be subject to forfeiture, upon the determination that any of the following circumstances exist.

  1. Stolen Vehicle. A vehicle that was stolen provided that each of the following circumstances are applicable:

     • a. The theft was reported to a law enforcement agency prior to the reporting to the City or Los Angeles County Sheriff's Department of the vehicle's use in violation of this chapter;

     • b. The identity of the registered owner can be reasonably ascertained; and

     • c. The registered owner redeems the vehicle within 30 days of the seizure.

  2. Rental Car. A vehicle is owned by a bona fide rental car agency, and the vehicle's use in violation of this chapter was made without the agency's knowledge or consent.

  3. Employer Vehicle. A vehicle owned by the employer of the person who used it in violation of this chapter, provided that each of the following circumstances is applicable:

     • a. The employer neither consented to nor had knowledge of the use of the vehicle in violation of this chapter;

• b. The employer did not receive a direct benefit from the use of the vehicle in violation of the provisions of this chapter; and

  • c. The use of the vehicle did not further or advance the employer's business interests in any way, and the use was of such a nature that had the employer known, the use would have resulted in termination of employment or substantial discipline.

  4. Community Property Vehicle. A vehicle that is legally owned as community property, provided that each of the following circumstances is applicable:

     • a. The vehicle is the sole vehicle available to the immediate family of the driver or

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City of Norwalk, CA

PUBLIC PEACE, MORALS AND WELFARE

§ 9.30.080

§ 9.30.080

possessor from whom the vehicle was seized that may be operated with a Class C driver's license;

• b. The community property interest owner submits written proof of that interest, presents his or her valid driver's license or a valid driver's license for an authorized driver, presents proof of valid registration and insurance, and pays all towing fees, storage fees, and/or administrative charges or otherwise reimburses the City for any and all towing and/or storage fees incurred;

• c. The vehicle was not used in a street race that directly resulted in the death or serious injury of any person; and

• d. The community property interest owner, other than the driver or possessor from whom the vehicle was seized, enters into a written, Stipulated Vehicle Release Agreement pursuant to subsection G of this section as consideration for the nonforfeiture of the vehicle.

• G. Stipulated Vehicle Release Agreement.

  1. The City Attorney or City Prosecutor shall prepare the Stipulated Vehicle Release Agreement, which shall provide, at a minimum, the following:

     • a. Consent of the community property interest owner signing the Agreement to the automatic future seizure and forfeiture of, and transfer of title to the City, of the nuisance vehicle identified in the Agreement upon any subsequent use of the vehicle in violation of California Vehicle Code Section 23109(a) and (c), or in violation of Norwalk Municipal Code Section 9.30.020;

     • b. Seizure pursuant to this section shall be made with a seizure order issued pursuant to the Los Angeles Superior Court. The supporting affidavit or declaration shall include a copy of the Agreement and a certified copy of this chapter; and

     • c. Any other provision deemed appropriate in the sole discretion of the City Attorney or City Prosecutor.

  2. The Stipulated Vehicle Release Agreement shall be valid and in effect for five years from the date of signing, and shall be maintained by the Director.

  3. No vehicle shall be released or exempt from forfeiture proceedings pursuant to subsection (F)(4) if the Director has on file a Stipulated Vehicle Release Agreement signed by the community property interest owner within the previous five years.

• H. Disposal of Vehicle After Forfeiture and Distribution of Proceeds. Any nuisance vehicle forfeited pursuant to the provision of this chapter shall be sold or destroyed in accordance with this section once an order of forfeiture is issued by the Superior Court (pursuant to subsection D) or a Declaration of Forfeiture is issued by the City Attorney or City Prosecutor (pursuant to subsection E), as the case may be. All proceeds of any sale of a nuisance vehicle forfeited pursuant to this chapter shall be distributed and appropriated as set forth in this section.

  1. Disposition of Forfeited Nuisance Vehicle.

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City of Norwalk, CA

NORWALK CODE

§ 9.30.080

§ 9.30.080

• a. Sale by Legal Owner.

  • i. Any legal owner who is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this State, or the agent of that legal owner, may take possession and conduct the sale of a forfeited nuisance vehicle if the legal owner or agent notifies the Director of its intent to conduct the sale within 15 calendar days of service of the Notice of Intended Forfeiture (pursuant to subsection B of this section) and executes a written Agreement (as approved by the City Attorney or City Prosecutor) to adhere to the provisions of this section. Sale of a forfeited nuisance vehicle may be conducted at the time and in the manner, and pursuant to the notice usually given for the sale of repossessed or surrendered vehicles. The proceeds of any sale of a forfeited nuisance vehicle conducted by or on behalf of the legal owner shall be disposed of as provided in subsection (H)(2) of this section. A forfeited nuisance vehicle may not be sold or transferred to the person who was the driver of the nuisance vehicle at the time it was seized or re-sold or transferred to the registered owner of the vehicle at the time it was seized.

    • (A) The agent of a legal owner acting pursuant to this section shall be licensed, or exempt from licensure, pursuant to California Business and Professions Code 7500 et seq.

• b. Sale by City. If the legal owner does not notify the Director of its intent to conduct a sale as provided in subsection (H)(1)(a), the City shall offer the forfeited nuisance vehicle for sale at public auction within 60 business days of receiving title to the vehicle. A forfeited nuisance vehicle may not be sold or transferred to the person who was the driver of the nuisance vehicle at the time it was seized or re-sold or transferred to the registered owner of the vehicle at the time it was seized.

• c. Disposition of Low-Value Vehicles. If the Director determines that the condition of a forfeited nuisance vehicle is such that it is not suitable for sale at a public auction or the cost of sale exceeds its fair market value, the nuisance vehicle may be conveyed to a licensed dismantler or donated to a charitable organization. License plates shall be removed from any nuisance vehicle prior to being conveyed to a dismantler pursuant to this section.

• d. Destruction of Vehicle. A nuisance vehicle forfeited pursuant to the provisions of this section may only be destroyed if it has been modified in ways that make its sale impracticable or the condition of the vehicle warrants destruction (at the sole discretion of the Director), and if there are no lienholders or claimants who did not know that the vehicle was used in violation of California Vehicle Code Section 23109(a) and (c), or in violation of Norwalk Municipal Code Section 9.30.020.

• e. Settlement Agreement. In lieu of forfeiture, a settlement agreement may be negotiated and approved by the City Attorney and/or City Prosecutor, in which case the proceeds of the settlement shall be distributed in the same manner as a sale pursuant to this section.

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City of Norwalk, CA

PUBLIC PEACE, MORALS AND WELFARE

§ 9.30.080

§ 9.30.080

2. Distribution of Sale Proceeds.

   • a. The proceeds of any sale of a nuisance vehicle forfeited pursuant to the provisions of this chapter shall be appropriated and distributed as follows and in this order:

     • i. To pay costs associated with the towing, storage, release, and sale of the nuisance vehicle (including any repairs, transportation, and/or storage necessary to facilitate the sale).

     • ii. To the City to reimburse costs paid or incurred by the City, City Attorney, or City Prosecutor, or otherwise associated with any proceedings instituted under this chapter (other than personnel costs), including, but not limited to, the costs associated with the investigation and litigation authorized by the provisions of this chapter, as well as costs associated with the service, mailing, and/or publication of any notices required by this chapter.

     • iii. To a bona fide or innocent purchaser, mortgagee or lien holder of the nuisance vehicle, if any, up to the amount of his/her/its interest in the nuisance vehicle, when the City Attorney, City Prosecutor, or the Superior Court that declared the forfeiture, orders a distribution to that person.

     • iv. To the City for all expenditures incurred by the Public Works Department for the necessary repairs to any public streets or intersections damaged as a result of the illegal street racing contest(s) or exhibitions of speed.

     • v. All remaining proceeds to be transferred to the City.

• b. Accounting. Within 15 calendar days of the sale of a forfeited nuisance vehicle, the person conducting the sale shall disburse the proceeds of the sale as provided in this section, and shall provide a written accounting of the distribution of proceeds to the Director and, upon request, to any person entitled to a share of the proceeds, as determined by the Director.

• (Ord. 23-1742 § 5)

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City of Norwalk, CA

PUBLIC PEACE, MORALS AND WELFARE

§ 9.31.010

§ 9.31.020