Santa Barbara County Municipal Code Ch. 39A Sale of Seized and Forfeited Property

Pursuant to Government Code section 25538.5, the board of supervisors is authorized to designate a county officer or department head to sell real property seized and forfeited pursuant to chapter 8 (commencing with section 11470) of division 10 of the Health & Safety Code or chapter 9 (commencing with section 186) of part 1 of title 7 of the Penal Code.

(Ord. No. 4255, § 1)

The Santa Barbara County District Attorney is authorized to sell real property which has been seized by the county sheriff's department or the county District Attorney's office and forfeited pursuant to chapter 8 (commencing with section 11470) of division 10 of the Health & Safety Code or chapter 9 (commencing with section 186) of part 1 of title 7 of the Penal Code. The District Attorney shall sell seized and forfeited real property upon the request of either the county sheriff's department or District Attorney's office.

(Ord. No. 4255, § 1)

Prior to selling seized and forfeited real property, the District Attorney shall cause to be published, pursuant to Government Code section 6063, a notice of intention to sell seized and forfeited property. The notice shall:

(a) Describe the property to be sold in a manner sufficient to identify the property;

(b) Specify the minimum price and the terms upon which the property will be sold;

(c) Announce the date on which the property will be sold, not less than seven days after the completion of the publication;

(d) Fix the place at which sealed proposals to purchase the property will be received;

(e) Fix the time and place where the proposals will be opened and declared and oral bids will be received;

(f) State that all seized and forfeited real property shall be sold "AS IS" without any warranty or other guarantee.

(Ord. No. 4255, § 1)

The District Attorney shall establish the minimum bid amount for the property upon consultation with the county sheriff's department and District Attorney's office.

(Ord. No. 4255, § 1)

At the time and place fixed for the opening of the bids, the District Attorney may accept the highest bid, written or oral. The District Attorney shall not accept an oral bid unless it is made by a responsible person and exceeds the highest written bid made by a responsible person by at least five percent.

(Ord. No. 4255, § 1)

If the District Attorney deems it to be in the best interest of the public, he may reject any and all bids, either written or oral, and withdraw the property from sale.

(Ord. No. 4255, § 1)

All bids shall be accompanied by a bid deposit in the form of cash, cashier's check or certified check.

(Ord. No. 4255, § 1)

If no written or oral proposal is made which is equal to or greater than the minimum price fixed by the District Attorney, he may negotiate a sale with any person for not less than the minimum price for a period of one year after the day of the completion of the publication of the notice pursuant to section 39A-3 of this chapter.

(Ord. No. 4255, § 1)

All seized and forfeited real property shall be sold "AS IS" without any warranty or other guarantee.

(Ord. No. 4255, § 1)

The distribution of the proceeds obtained upon the sale of the seized and forfeited property shall be in accordance with the applicable provisions of state law, including the provisions of chapter 8 (commencing with section 11470) of division 10 of the Health & Safety Code or chapter 9 (commencing with section 186) of part 1 of title 7 of the Penal Code.

(Ord. No. 4255, § 1)