Richmond Municipal Code Ch. 11.94 Vehicle Seizure and Forfeiture

(a) Persons who operate vehicles and use them to acquire controlled substances or solicit acts of prostitution bring crime and decay to the neighborhoods where they solicit acts of prostitution and/or acquire or attempt to acquire controlled substances;

(b) A nuisance is created in the City of Richmond neighborhoods by persons driving vehicles into their neighborhoods in order to acquire or attempt to acquire controlled substances or solicit acts of prostitution; and

(c) Seizing the vehicles of persons who come into the local neighborhoods to attempt to or to solicit acts of prostitution and/or acquire or attempt to acquire controlled substances will be deterred from creating said nuisance if their vehicles are subject to seizure and forfeiture.

Accordingly, it has been determined that the health, safety and general welfare of the citizens of the City of Richmond would be benefitted by seizure and forfeiture of any vehicle used to solicit an act of prostitution or to acquire or attempt to acquire a controlled substance.

Any vehicle used to solicit an act of prostitution, or to acquire or attempt to acquire any controlled substance, is declared a nuisance, and the 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 vehicle used for any of the purposes or acts set forth in this section is guilty of a nuisance.

Upon proof that the vehicle was used for any of the purposes set forth in Section 11.94.020 of this chapter, 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 11.94.100(c) of this chapter.

All rights, title, and interest in any vehicle described in Section 11.94.020 of this chapter shall vest in the City upon commission of the act give rise to the nuisance under this chapter.

Vehicles subject to forfeiture under this chapter may be seized by any peace officer upon process issued by any court having jurisdiction over the vehicle. Seizure without process may be made if any of the following situations exist:

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

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

Receipts for 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 Penal Code.

Vehicles seized pursuant to Section 11.94.020 of this chapter, where appropriate, may be held for evidence. The District or City Attorney shall institute and maintain the proceedings.

(a) Except as provided in subsection (g) of this section, if the District or City Attorney determines that the factual circumstances do warrant that the vehicle described in Section 11.94.020 of this chapter is subject to forfeiture, the District or City Attorney shall file a petition with the Superior Court of Contra Costa County.

(b) A petition for forfeiture under this subsection shall be filed as soon as practicable, but in any case within one year of the seizure of the vehicle which is subject to forfeiture.

(c) The District or City 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 Contra Costa 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 11.94.090 of this chapter and directions for the filing and service of a claim.

(d) An investigation shall be made by the Richmond Police Department as to any claimant to a vehicle whose right, title, interest, or lien is of record in the Department of Motor Vehicles or appropriate federal agency. If the Richmond 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 vehicle seized or subject to forfeiture is required to be filed pursuant to Section 11.94.090 of this chapter.

(f) With respect to vehicles described in Section 11.94.020 of this chapter for which forfeiture is sought and as to which forfeiture is contested, the City of Richmond shall have the burden of proving by a preponderance of the evidence that the vehicle was used as set forth in Section 11.94.020. Trial shall be before the court or jury. The presiding judge of the Superior Court shall assign the action brought pursuant to this chapter for trial.

(g) The District or City Attorney may, pursuant to this subsection, order the forfeiture of vehicles seized under this chapter. The District or City 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 vehicle;

(4) The instructions for filing and serving a claim with the District or City Attorney pursuant to Section 11.94.090 of this chapter and time limits for filing a claim.

If no claims are timely filed, the District or City Attorney shall prepare a written declaration of forfeiture of the vehicle to the City and dispose of the vehicle in accordance with Section 11.94.100 of this chapter. A written declaration of forfeiture signed by the District or City Attorney under this section shall be deemed to provide good and sufficient title to the forfeited vehicle. The District or City Attorney ordering forfeiture pursuant to this subdivision shall provide a copy of the declaration of forfeiture to any person who received notice of the forfeiture proceedings. If a claim is timely filed, then the District or City Attorney shall file a petition for forfeiture pursuant to this section within 30 days of the receipt of the claim.

(a) Any person claiming an interest in the vehicle seized pursuant to Section 11.94.020 of this chapter must, at any time within 10 days from the date of the notice of seizure, file with the Superior Court of Contra Costa County a claim, verified in accordance with Section 446 of the Code of Civil Procedure, stating his or her interest in the vehicle. An endorsed copy of the claim shall be served by the claimant on the District or City Attorney within 10 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 30 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 under 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.

In all cases where vehicles seized pursuant to this chapter are forfeited to the City and the vehicles shall be sold or if cash is paid as settlement in lieu of forfeiture of the vehicle, the proceeds of sale shall be distributed and appropriated as follows:

(1) To the bona fide or innocent purchaser, conditional sales vendor, mortgagee or lien holder of the vehicle, if any, up to the amount of his or her interest in the vehicle, when the Court or District or City Attorney declaring the forfeiture orders a distribution to that person.

(2) To the District or City Attorney for all expenditures made or incurred by it in connection with the publication of the notices set forth in Section 11.94.080 of this chapter, and the sale of the vehicle, including expenditures for any necessary repairs, storage, or transportation of any vehicle seized under this chapter.

(3) The remaining funds shall be distributed as follows:

(A) Fifty percent to the local law enforcement entities that participated in the seizure distributed so as to reflect the proportionate contribution of each agency.

(B) Fifty percent to the District or City Attorney.

(4) All the funds distributed to the local law enforcement entities or District or City Attorney pursuant to subsection (3) of this section shall not supplant any funds that would, in the absence of this subdivision, be made available to support the law enforcement and prosecutorial efforts of these agencies.

For the purposes of this section, "local governmental entity" means any City, County, or City and County in this State.

(Source: Ordinance No. 4-04 N.S.)