Sacramento Municipal Code Ch. 8.14 Nuisance Vehicles

The Sacramento city council hereby finds and declares:

A. The citizens of Sacramento have complained about the nuisance created in their neighborhoods by persons driving vehicles into their neighborhoods in order to acquire or attempt to acquire controlled substances or to solicit acts of prostitution; and

B. Persons who operate vehicles and use them to acquire or attempt to acquire controlled substances or to solicit acts of prostitution bring crime and decay into the neighborhoods; and

C. The seizure and forfeiture of vehicles used by persons to acquire or attempt to acquire controlled substances or to solicit acts of prostitution will serve to abate the nuisance caused by such activity, in that these persons will be deterred from using a vehicle as an instrumentality of their illegal activity. (Ord. 2000-017 § 2(a); Ord. 99-039 § 1; prior code § 61.19.1901)

"Controlled substance" means a drug, substance, or immediate precursor which is listed in any schedule in California Health and Safety Code Section 11054, 11055, 11056, 11057 or 11058.

"Driver" means the person who drives or is in actual physical control of a vehicle.

"Prostitution" means engaging in lewd or sexual conduct for money, or other consideration.

"Vehicle" means any transportation device which requires the driver to have in his or her immediate possession a valid driver's license for the appropriate class of vehicle being driven. (Ord. 2000-017 § 2(a); Ord. 99-039 § 1; prior code § 61.19.1902)

A. Any vehicle used to solicit or attempt to solicit an act of prostitution, or loiter for the purpose of soliciting an act of prostitution, is declared a nuisance and the vehicle shall be enjoined and abated by seizure and forfeiture as provided for in this chapter.

B. Any vehicle used to acquire or attempt to acquire any controlled substance, or loiter for the purpose of acquiring a controlled substance, is declared a nuisance and the vehicle shall be enjoined and abated by seizure and forfeiture as provided for in this chapter.

C. 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 responsible for creating a public nuisance. (Ord. 2001-006 § 1; Ord. 2000-017 § 2(a); Ord. 99-039 § 1; prior code § 61.19.1903)

A. A peace officer may seize a vehicle subject to forfeiture under this chapter upon the issuance of an order by a court having jurisdiction over the vehicle. Seizure without court order may be made if there is probable cause to believe that the vehicle was used in violation of this chapter.

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

C. An immediate investigation shall be made by the Sacramento police department as to any claimant to a vehicle whose right, title, interest, or lien is of record with the Department of Motor Vehicles. If the Sacramento police department finds that any person, other than the person from whom the vehicle was seized, 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 within forty-eight (48) hours of the vehicle's seizure, send a notice of seizure to the legal owner at his or her address appearing on the records of the Department of Motor Vehicles or other state or federal agency.

D. The notice of seizure sent pursuant to the requirements of subsection (C) of this section shall set forth the time in which a claim of interest in the vehicle seized or subject to forfeiture is required to be filed. (Ord. 2001-006 § 2(a); Ord. 2000-017 § 2(a); Ord. 99-039 § 1; prior code § 61.19.1904)

A. The city attorney or district attorney may, pursuant to this section, order the forfeiture of vehicles seized under this chapter.

B. If the city attorney or district attorney determines that the factual circumstances warrant the forfeiture of a vehicle described in Section 8.14.030, the city attorney or district attorney shall serve a notice of intended forfeiture upon any person who has an interest in the seized vehicle. Such notice shall be served as soon as practicable, but in any event within ninety (90) days of the seizure of the vehicle subject to forfeiture.

C. The notice of intended forfeiture shall be served by personal delivery or certified mail, return receipt requested, upon any person who has an interest in the seized vehicle as determined pursuant to Section 8.14.040(C) of this chapter.

1. In the event that the person entitled to service refuses to accept certified return receipt mail or cannot be personally served, service may be made by substituted service. Substituted service may be accomplished as follows: (a) by leaving a copy during usual business hours in the recipient's business with the person who is apparently in charge, and by thereafter mailing by first class mail a copy to the recipient where the copy was left; (b) by leaving a copy at the recipient'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 recipient at the address where the copy was left.

2. If the person entitled to service lives out of state and will not accept certified return receipt mail, then service may be made by first class mail.

3. If the person entitled to notice cannot be located, or service cannot be effected as set forth in this section, service may be made by publication in the Sacramento newspaper of general circulation which is most likely to give actual notice and order to the person. Service shall be deemed sufficient when it is accomplished pursuant to Government Code Section 6063.

D. A notice of intended forfeiture shall include:

• 1. A description of the vehicle;
• 2. The date and place of the vehicle's seizure;
• 3. The violation of law alleged with respect to the intended forfeiture of the vehicle;
• 4. A claim form as described in Section 8.14.060 of this chapter;

5. Instructions for filing and serving a claim, and the time limits for filing such a claim. (Ord. 2000-017 § 2(a); Ord. 99-039 § 1; prior code § 61.19.1905)

A. Any person claiming an interest in a vehicle seized pursuant to this chapter shall, not later than ten (10) days from the date of service of the notice of intended forfeiture, file a claim of opposition with the Sacramento city attorney verified in accordance with Section 446 of the Code of Civil Procedure, stating his or her interest in the vehicle. The claim shall be accompanied by the superior court filing fee.

B. If a verified claim is timely filed, the city attorney or district attorney shall institute a forfeiture proceeding by filing a petition for forfeiture with the superior court of Sacramento County within thirty (30) days of the receipt of the claim, and by setting the matter for a hearing on a day not less than thirty (30) days therefrom. If a petition for forfeiture and opposition is filed with the court, claimant will receive a filed endorsed copy of the claim; and the petition for forfeiture with the date, time and location of the court hearing.

C. The hearing shall be before the superior court of Sacramento County.

D. 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.

E. With respect to vehicles described in Section 8.14.030 for which forfeiture is sought and as to which forfeiture is contested, the city shall have the burden of proving by a preponderance of the evidence that the vehicle was used as set forth in Section 8.14.030. Trial shall be before the court or jury.

F. Upon proof that the vehicle was used for any of the purposes set forth in Section 8.14.030, the court shall declare the vehicle a nuisance and order title and ownership of the vehicle transferred to the city of Sacramento and disposal of the vehicle as set forth in Section 8.14.070.

G. If no claims are timely filed in response to the notice issued pursuant to subsection B, the city attorney or the district attorney shall prepare a written declaration of forfeiture of the vehicle to the city and dispose of the property in accordance with Section 8.14.070. 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 city attorney or district attorney ordering forfeiture pursuant to this subsection shall provide a copy of the declaration of forfeiture to any person who received notice of the intended forfeiture proceedings. (Ord. 2003-037 § 1; Ord. 2001-006 §§ 3(a)-(d); Ord. 2000-017 § 2(a); Ord. 99-039 § 1; prior code § 61.19.1906)

In all cases where a vehicle seized pursuant to this chapter is forfeited to the city, the vehicle shall be disposed of by sale or donation as directed by the city attorney or district attorney or disposed of by any other means as authorized by the city council.

The proceeds of any sale or settlement shall be distributed as follows:

A. To the bona fide or innocent purchaser, conditional sales vendor, mortgagee or lien holder of the property, if any, up to the amount of his or her interest in the property, when the court, city attorney or district attorney declaring the forfeiture orders a distribution to that person;

B. To the city attorney, district attorney or local law enforcement for all costs and expenditures made or incurred by it in connection with enforcement of this chapter including, but not limited to, equipment, investigation costs, supplies, litigation costs, liability resulting from enforcement, expenditures for publication of notices set forth in Section 8.14.050 and any necessary repairs, storage, or transportation of any vehicle seized under this chapter;

C. The remaining funds shall be distributed as follows:

1. Fifty (50) percent to the local law enforcement entities that participated in the seizure distributed so as to reflect the proportionate contribution of each agency,

2. Fifty (50) percent to the city attorney or district attorney. (Ord. 2001-006 § 4; Ord. 2000-017 § 2(a); Ord. 99-039 § 1; prior code § 61.19.1907)