Suisun City Municipal Code Art. IV Vehicle Forfeiture

A. Any vehicle used to illegally dump any bulky item, any hazardous waste, or solid waste in violation of this code or other applicable state law is declared a nuisance.

B. Any vehicle used to transport any bulky item, any hazardous waste, or solid waste for the purpose of illegal dumping is a nuisance and the vehicle shall be enjoined and abated as provided in this article.

C. All such nuisance vehicles shall be abated through seizure and impoundment procedures as provided in this chapter, subject to the exceptions set forth at Section 8.08.420.

D. A nuisance vehicle shall be seized and impounded for 30 days each time such vehicle is determined to be a nuisance under this article.

E. A criminal conviction shall not be required as a prerequisite to any proceeding brought pursuant to this article.

F. Physical seizure of a nuisance vehicle subject to this article shall not be required as a prerequisite to institution of impoundment proceedings.

G. Any person who owns, leases, conducts, has control of, or maintains any vehicle used for any of the purposes or acts set forth in this article is responsible for creating a public nuisance.

(Ord. No. 804, § 2, 10-3-2023)

A. An enforcement officer may seize a vehicle subject to forfeiture under this article upon the issuance of an order by a court having jurisdiction of the vehicle. Seizure without court order may be made in any of the following circumstances:

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

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

B. An enforcement officer seizing a vehicle under this article shall complete a receipt in accordance with Penal Code Section 1412 and deliver it to the person from whose possession the vehicle was seized.

C. An immediate investigation shall be made by the city as to any potential claimant to a seized vehicle whose right, title, interest, or lien is of record in this or any other state or appropriate federal agency. Within two business days of the vehicle's seizure, the city shall send a notice of seizure to all potential claimants whose right, title, interest or lien did not arise subsequent to the date and time of seizure of the vehicle, if that person or entity was not previously given a notice of seizure.

D. The notice of seizure shall include the following:

1. The name, address and telephone number of the agency providing the notice;

2. Identifying information for the vehicle seized and the authority and reason for the seizure;

3. A statement that in order to receive their post-seizure hearing, the potential claimant shall request the hearing in person, in writing, or by telephone within ten calendar days of the date of the notice; and

4. The time in which a claim of interest in the vehicle seized or subject to forfeiture is required to be filed.

E. The city shall provide any potential claimants discovered as a result of the investigation set out in Subsection (C) of this section with the opportunity for a post-seizure hearing to determine the validity of the seizure. The post-seizure hearing shall be conducted within two business days of the request for the hearing. The city may authorize its own officer or employee to conduct the hearing provided the hearing officer is not the same person who directed or participated in the seizure of the vehicle. Failure of the potential claimant to request or attend a scheduled hearing within the appropriate time frame shall satisfy the post-seizure requirement.

F. A vehicle seized pursuant to this section may be held as evidence in any proceeding brought by the city attorney.

(Ord. No. 804, § 2, 10-3-2023)

A. Within 30 days of receipt of the notice of seizure required in Section 8.12.404, the city attorney may pursue the forfeiture of vehicles seized under this article, as provided in this section. If the city attorney does not commence forfeiture procedures under this section within that 30-day period, title shall revert to the owner and the seized vehicle shall be returned to the owner.

B. If the city attorney determines that forfeiture of the seized vehicle is warranted, the city attorney shall serve a notice of intended forfeiture upon any person who has an interest in the seized vehicle. The notice shall be served as soon as practicable, but in any event within 30 calendar days of the seizure of the vehicle subject to forfeiture.

C. The notice of intended forfeiture shall be served as follows:

1. By personal delivery or certified mail, return receipt requested, upon any person who has an interest in the seized vehicle as determined pursuant to Subsection 8.08.404(C).

2. 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 by any one of the following methods:

a. By leaving a copy during usual business hours at 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; or

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.

3. 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.

4. If the person entitled to notice cannot be located, or service cannot be effected as set forth in this subsection, service may be made by publication in a Los Angeles newspaper of general circulation. Service shall be deemed sufficient when it is accomplished pursuant to Government Code Section 6063.

(Ord. No. 804, § 2, 10-3-2023)

A. A person claiming an interest in the seized vehicle must within ten calendar days from the date of the notice of intended forfeiture or within 30 calendar days from the date of first publication of the notice of intended forfeiture, file with the Superior Court of the County of Solano a claim opposing forfeiture, verified in accordance with Section 446 of the Code of Civil Procedure, stating their interest in the vehicle. An endorsed copy of the claim shall be served upon the city clerk within ten calendar days of the filing of the claim.

B. If a verified claim is filed in accordance with this section, the forfeiture proceeding shall be set for hearing within 30 calendar days from the date the claim is filed with the court, or as soon as the court may schedule such hearing. The city attorney shall file a petition for forfeiture with the court within ten calendar days of service of the claim upon the city attorney. A copy of the petition shall be served upon the claimant.

C. The hearing shall be before the Superior Court of Solano County, to be heard by a superior court judge. The provisions of the Code of Civil Procedure shall apply to proceedings under this article unless otherwise inconsistent therewith. However, in proceedings under this article, 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 article.

D. With respect to vehicles described in Subsection (B) for which forfeiture is sought and as to which forfeiture is contested, the city attorney shall have the burden of proving by a preponderance of the evidence that the vehicle was used as set forth in Section 8.08.404.

E. Upon proof that the vehicle was used for any of the purposes set forth in Section 8.08.404, 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 8.08.416. 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 constitutes a violation of this chapter.

F. If no claims are timely filed, the city attorney shall prepare a written declaration of forfeiture of the vehicle to the city. A written declaration of forfeiture signed by the city attorney under this article shall be deemed to provide good and sufficient title to the forfeited vehicle. The proceeds from the disposal of the vehicle declared forfeited by the city attorney shall be distributed in accordance with Section 8.08.416. The city attorney ordering forfeiture pursuant to this article shall provide a copy of the declaration of forfeiture to any person who received notice of the forfeiture proceedings.

(Ord. No. 804, § 2, 10-3-2023)

In all cases where vehicles seized pursuant to this section are forfeited to the city, the vehicles shall be sold, or if cash is paid as settlement in lieu of forfeiture of the vehicle, the proceeds of sale or settlement shall be distributed and used in decreasing order of priority as follows:

A. To pay costs associated with the towing, storage, and release of any vehicle seized under this section;

B. To pay costs associated with the sale of the vehicle;

C. For the vehicle forfeited to pay a lien holder of record, if any, up to the amount of his, her, or its unsatisfied lien on the vehicle;

D. The remaining funds shall be distributed to the city in an amount equal to all expenditures, other than costs provided for in Subsections (A), (B) and (C) of this section, made or incurred in connection with enforcement of this article, including, but not limited to, costs for equipment, investigation and supplies related to enforcement of this article, and attorneys' fees.

E. For budgeting purposes, funds attributable to this article shall not be considered anticipated general fund revenue.

(Ord. No. 804, § 2, 10-3-2023)

Notwithstanding the provisions of this article, the city shall return a seized vehicle, and that vehicle shall not be subject to impoundment, upon the determination of any of the following circumstances:

A. The vehicle was actually stolen, provided that:

1. The theft was reported to a law enforcement agency prior to the vehicle's use in violation of this article;

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

3. The registered owner redeems the vehicle within 60 days of the seizure.

B. The vehicle is owned by the employer of the person who used it in violation of this article, provided that all of the following apply:

1. The use was made without the employer's knowledge and consent;

2. The use did not provide a direct benefit to the employer's business; and

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

(Ord. No. 804, § 2, 10-3-2023)

Nothing in this section shall preclude an owner of a vehicle who suffers a monetary loss from the forfeiture of a vehicle under this section from recovering the amount of the actual monetary loss from the person who committed the act giving rise to forfeiture under this section.

(Ord. No. 804, § 2, 10-3-2023)

From the time the city attorney receives the notice of seizure referred to in Section 8.08.404 to the final decision in forfeiture proceedings, the city attorney has discretion to resolve all proceedings under this article on such terms as may be, in the judgment of the city attorney, in the best interests of the city.

(Ord. No. 804, § 2, 10-3-2023)