Simi Valley Municipal Code Ch. 14 Seizure and Forfeiture of Vehicles Used to Participate in Motor Vehicle…

As used in this chapter:

(a) "City" shall mean the City of Simi Valley.

(b) "Department" shall mean the Police Department of the City of Simi Valley.

(c) "Immediate family" means persons who are within one degree of consanguinity with the person from whom the vehicle was seized, or a spouse of the person from whom a vehicle was seized.

(d) "Motor vehicle speed contest" shall mean a motor vehicle speed contest as defined in California Vehicle Code Section 23109(a).

(e) "Exhibition of speed" shall mean any exhibition of speed referred to in California Vehicle Code Section 23109(c) or a willful act of showing off or displaying a dangerous or imprudent speed in a vehicle on a public street or highway where the presence of another person is known to the driver/or may be reasonably anticipated by him or her. In order to constitute an exhibition of speed under this section, there must be spectators present at the event.

(f) "Owner" shall mean the last registered and legal owner of record of the vehicle that is used to participate in a motor vehicle speed contest, as shown on records of the Department of Motor Vehicles or similar state entity.

(g) "Vehicle" shall mean a vehicle as defined in California Vehicle Code Section 670.

(§ 1, Ord. 1104, eff. December 14, 2006)

Any person, or his or her servant, agent or employee who owns, leases, conducts, uses or maintains any vehicle for the purpose of participating in a motor vehicle speed contest or an exhibition of speed as defined herein shall be guilty of committing a nuisance. Any vehicle used to participate in a motor vehicle speed contest or an exhibition of speed is also declared to be a nuisance. Such vehicle shall be subject to seizure and forfeiture as provided in this chapter. Declaration of this nuisance is made according to the authority of Government Code Section 38771.

(§ 1, Ord. 1104, eff. December 14, 2006)

Subject to the requirements of Sections 4-14.04 and 4-14.08, and except as further limited by this chapter to protect innocent parties who claim an interest in any vehicle, all right, title, and interest in any vehicle used to participate in a motor vehicle speed contest or an exhibition of speed shall vest in the City upon commission of the act giving rise to forfeiture.

(§ 1, Ord. 1104, eff. December 14, 2006)

(a) A vehicle 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 or is intended to be used to participate in a motor vehicle speed contest in violation of this chapter.

(b) The City shall notify the Franchise Tax Board of a vehicle seized where there is reasonable cause to believe that the value of the sized vehicle exceeds Five Thousand and No/100ths ($5,000.00) Dollars.

(c) 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 California Penal Code Section 1412. There shall be a presumption affecting the burden of proof that a person to whom a receipt was issued is the owner thereof. This presumption may, however, be rebutted at the forfeiture trial specified in Section 4-14.10.

(§ 1, Ord. 1104, eff. December 14, 2006)

A vehicle seized pursuant to Section 4-14.04, where appropriate, may be held for evidence.

(§ 1, Ord. 1104, eff. December 14, 2006)

Within fifteen (15) days after seizure, if the peace officer does not hold the vehicle for evidence, or if the Department does not refer the matter to the City Attorney for institution of forfeiture proceedings, the peace officer or Department shall comply with any Notice to Withhold issued in accordance with the provisions of the Revenue and Taxation Code issued to the City with respect to the vehicle by the Franchise Tax Board. If no Notice to Withhold has been issued with respect to the vehicle by the Franchise Tax Board, the peace officer or the Department shall return the vehicle to the registered owner. Alternatively, the City may return the vehicle to the registered lien holder upon the lien holder's filing or execution of a settlement agreement or hold harmless agreement in favor of the City. The settlement agreement or hold harmless agreement shall be in a form acceptable to the Department and the City Attorney.

The language of this section is directory, and not mandatory. Failure to return a vehicle within the fifteen (15) day period described above shall not result in dismissal of any forfeiture proceeding seeking forfeiture of any seized vehicle. The statute of limitations for institution of a forfeiture proceeding pursuant to this chapter is one year from the date of seizure of the vehicle pursuant to this chapter, as set forth in Section 4-14.07(b).

(§ 1, Ord. 1104, eff. December 14, 2006)

(a) Except as provided in subsection (g), if the City Attorney determines that factual circumstances warrant that the vehicle is subject to forfeiture, the City Attorney shall file a petition for forfeiture with the Superior Court of Ventura County.

(b) A petition for forfeiture under this subsection must be filed within one year of the seizure of the vehicle which is subject to forfeiture pursuant to this chapter.

(c) Physical seizure of a vehicle shall not be necessary in order to have the vehicle forfeited pursuant to this chapter. The City Attorney may seek a protective order for a vehicle not in its possession from a court of competent jurisdiction during the pendency of the forfeiture proceeding.

(d) The City Attorney shall cause a notice of the seizure and of the intended forfeiture proceeding, as well as a notice stating that any interested party may file a verified claim with the Superior Court of Ventura County, to be served by either personal delivery or by registered mail upon any person or entity that the Department or City Attorney was able to determine had an interest in the vehicle that arose prior to seizure of the vehicle pursuant to this chapter. The notice shall contain the following information:

(1) A description of the vehicle;

(2) The time, date and place of seizure;

(3) The violation of law alleged with respect to seizure and intended forfeiture of the vehicle;

(4) Instructions for filing and serving a claim pursuant to Section 4-14.09, including the time limits for filing such a claim; and

(5) Instructions for requesting a post-seizure probable cause hearing.

Whenever a notice is served pursuant to this section, it shall be accompanied by a claim form described in Section 4-14.09, instructions for filing and service of the claim form described in Section 4-14.09, a Department form to be used to request a post-seizure probable cause hearing, and instructions for service of this form on the Department. Notice of the seizure and intent to forfeit the vehicle shall also be published once in a newspaper of general circulation in Ventura County.

(e) An investigation shall be made by the Department as to any claimant to the vehicle whose right, title, interest, or lien is of record in the Department of Motor Vehicles or other appropriate state or federal agency. If the Department finds that a person, other than the registered owner, is the legal owner of the vehicle, and such ownership did not arise subsequent to the date and time of 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 other appropriate state or federal agency.

(f) All notices shall set forth the time within which a claim of interest in the vehicle seized or that is subject to forfeiture is required to be filed pursuant to Section 4-14.09.

(g) The City Attorney may, pursuant to this subsection, order the forfeiture of the vehicle seized pursuant to this chapter. The petition for forfeiture of a vehicle under this subsection shall be served by personal service or registered mail upon any claimant who has filed a timely claim opposing forfeiture. The petition shall include the following information:

(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.

If no claims are timely filed, the City Attorney shall prepare a written declaration of forfeiture of the vehicle to the City and dispose of the vehicle in accordance with this chapter. A written declaration of forfeiture signed by the City Attorney under this section shall be deemed to provide good and sufficient title to the forfeited vehicle. The City Attorney ordering forfeiture pursuant to this section shall provide a copy of the declaration of forfeiture to any person who received notice of the forfeiture proceedings. Alternatively, the City Attorney may seek a default judgment of forfeiture from a court of competent jurisdiction.

If a claim is timely filed within fifteen (15) days of notice of seizure and intent to forfeit as described in Section 4-14.07(d) above, then the City Attorney shall file a petition for forfeiture pursuant to this section within thirty (30) days after receipt of a timely claim shall not result in dismissal of any forfeiture proceeding seeking forfeiture of any seized vehicle.

(§ 1, Ord. 1104, eff. December 14, 2006)

Notwithstanding the provisions of this chapter, the Department shall return a seized vehicle upon the filing of a timely claim pursuant to Section 4-14.07, and upon the claimant providing evidence that:

(a) The vehicle is owned by two (2) or more persons and there is a community property interest in the vehicle by a person other than the person who used or maintained the vehicle for the purpose of participating in a motor vehicle speed contest, and the vehicle is the sole vehicle available to the person's immediate family at the time of the seizure. For purposes of this section, a vehicle is the "sole vehicle available" if the person from whom it was seized, and all other persons in that person's immediate family, did not have legal, equitable or possessory interest in any vehicle other than the seized vehicle at the time of seizure. This exception to forfeiture is not available to persons who previously have had his or her vehicle seized pursuant to this chapter. This exception to forfeiture is also contingent upon the execution of a settlement and release agreement by the person from whom the vehicle was seized and the person having a community property interest in the seized vehicle;

(b) The vehicle is owned by the employer of the person who used or maintained the vehicle for the purpose of participating in a motor vehicle speed contest; or

(c) The vehicle is owned by a rental car agency with a duly executed contract with the person who used or maintained the vehicle for the purpose of participating in a motor vehicle speed contest.

(§ 1, Ord. 1104, eff. December 14, 2006)

(a) Any person claiming an interest in the vehicle seized must at any time within fifteen (15) days from the date of the Notice of Seizure, file with the Superior Court of Ventura 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 by personal service or registered mail on the City Attorney within ten (10) days of the filing of the claim.

(b) Any claimant who timely files a claim may file a written request for a post-seizure probable cause hearing using the form provided by the Department.

(1) If the Department does not receive a request for a post-seizure probable cause hearing within thirty (30) days from the date that the notice of seizure is published in a newspaper of general circulation, any rights to request such hearing will be deemed waived, and the requirement for post-seizure probable cause hearing will be satisfied.

(2) If a request for a post-seizure probable cause hearing is timely filed within thirty (30) days, then the Department shall provide such a hearing as provided for in subsection (c) of this section.

(c) A post-seizure probable cause hearing will be conducted by the Department, before a hearing officer, within three (3) business days following the receipt of the first request for a post-seizure probable cause hearing filed with the Department in accordance with this section. For purposes of this section, "business days" shall be defined as Monday through Friday, excluding state or federal holidays. If there are multiple claimants, the Department shall not be required to conduct multiple post-seizure probable cause hearings for each seized vehicle. A finding of probable cause for seizure of the vehicle is conclusive as to all claimants.

(1) The City Manager, or his or her designee shall act as the hearing officer to conduct the post-seizure probable cause hearing. Any designee from the Simi Valley Police Department must be of the rank of sergeant or above, must not have participated in the seizure of the vehicle, and must not be the supervisor of any officer who participated in the seizure of the vehicle.

(2) At the post-seizure probable cause hearing, the Department will be required to show that probable cause existed for the initial seizure of the vehicle pursuant to this chapter.

(3) If the post-seizure probable cause hearing officer determines that probable cause did not exist for the seizure, the vehicle shall be released as soon as practicable to the appropriate claimant. The City Attorney and each claimant shall be notified of the release.

(4) If the post-seizure probable cause hearing officer determines that probable cause existed for the seizure, then forfeiture proceedings against the vehicle will continue as provided in Section 4-14.10 et seq.

(§ 1, Ord. 1104, eff. December 14, 2006)

With the respect to a vehicle 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 to participate in a motor vehicle speed contest as this crime is defined in this chapter. The presiding judge of the Superior Court shall assign actions brought pursuant to this chapter for trial.

(a) Trial of the forfeiture proceeding shall be in accordance with the following procedures:

(1) If a verified claim is filed, the forfeiture trial shall be set on a day not less than one hundred twenty (120) days from the date of service of the last timely claim opposing forfeiture is filed with the court and served upon the City Attorney;

(2) The trial shall be before the court or a jury;

(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, there shall be no joinder of actions or coordination of actions, except for forfeiture proceedings, or cross-complaints and the issues shall be limited strictly to questions related to this chapter.

(§ 1, Ord. 1104, eff. December 14, 2006)

Upon proof that a vehicle was used for any of the purpose set forth in Section 4-14.02, the court shall declare such vehicle a nuisance and order that the vehicle be seized (if not in the possession of the Department), forfeited and disposed of in accordance with this chapter. The City may also request that the court order that the vehicle be released to a bona fide lien holder (motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution or person holding a documented security interest in the vehicle that arose prior to the act giving rise to forfeiture under this chapter) following receipt by the City of a settlement agreement or hold harmless agreement executed by the lien holder.

(§ 1, Ord. 1104, eff. December 14, 2006)

In all cases where a vehicle is seized and forfeited to the City, the vehicle shall be destroyed, sold or otherwise be disposed of in accordance with this chapter. If sold, the proceeds shall be distributed and appropriated as follows:

(a) First, to the bona fide or the innocent purchaser, conditional sales vendor, bona fide mortgage or lien holder of the vehicle, if any, up to the amount of his or her interest in the vehicle when the court or City Attorney declares the forfeiture and orders a distribution to that person. A bona fide mortgage or lien holder is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution or person holding a documented security interest in the vehicle that arose prior to the act giving rise to forfeiture under this chapter.

(b) Next, to the City for all expenditures made or incurred by it in connection with the publication of the notices set forth in this chapter, and sale of the vehicle, including expenditures for any necessary repairs, storage or transportation of any vehicle seized under this chapter; and

(c) Lastly, the remaining funds, if any, shall be distributed to the City to cover the costs of implementing the program.

(§ 1, Ord. 1104, eff. December 14, 2006)

This chapter is not the exclusive regulation or penalty for participation in a motor vehicle speed contest. It supplements and is in addition to the other regulatory codes, statutes, and ordinances hereto or hereafter enacted by the City, the state or any other legal entity or agency having jurisdiction.

(§ 1, Ord. 1104, eff. December 14, 2006)