HomeMy WebLinkAboutCC ORD 2003-2218 Adds Ch. 10.19, seizure and forfeiture of public nuisance vehicles (10.19)ORDINANCE NO. 2003 — 2218
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AMENDING TITLE 10 OF THE NATIONAL CITY
MUNICIPAL CODE BY ADDING CHAPTER 10.19
PERTAINING TO SEIZURE AND FORFEITURE
OF PUBLIC NUISANCE VEHICLES
The City Council of the City of National City ordains as follows:
Section 1. That Title 10 of the National City Municipal Code is amended by
adding Chapter 10.19 to read as follows:
CHAPTER 10.19
SEIZURE AND FORFEITURE OF PUBLIC NUISANCE VEHICLES
Sections:
10.19.010 Public nuisance vehicles
10.19.020 Declaration by court
10.19.030 Right, title and interest in property
10.19.040 Seizure
10.19.050 Receipts
10.19.060 Evidence
10.19.070 Forfeiture
10.19.080 Interest claim
10.19.090 Sale of vehicles
10.19.010 Public nuisance vehicles. Any vehicle used to solicit or
facilitate an act of prostitution, or to acquire or attempt to acquire any controlled
substance, is hereby declared a public 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 (hereinafter
referred to as "the property"), used for any of the purposes or acts set forth in this
section is guilty of maintaining a public nuisance.
10.19.020 Declaration by court. Upon proof that a vehicle was used for
any of the purposes set forth in Section 10.19.010, the court may declare the
property a public nuisance and order that the property be forfeited, sold, and the
proceeds distributed as set forth in Section 10.19.090.
10.19.030 Right, title and interest in property. All right, title, and interest
in any property described in Section 10.19.010 shall vest in the city upon
commission of an act giving rise to the public nuisance under this chapter.
10.19.040 Seizure. A. Vehicles subject to forfeiture under this chapter
may be seized by any peace officer upon process issued by any court having
jurisdiction over the property.
B. 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 property was used in
violation of this chapter.
10.19.050 Receipts. Receipts for vehicles seized pursuant to this chapter
shall be delivered to any person from whose possession the vehicle was seized, in
accordance with Section 1412 of the Penal Code.
10.19.060 Evidence. Property seized pursuant to Section 10.19.040B,
where appropriate, may be held for evidence. The City Attorney shall have the
authority to institute and maintain proceedings pursuant to the authority conferred
by this chapter.
10.19.070 Forfeiture. A. Except as provided in subsection G of this
section, if the City Attorney determines that a vehicle described in Section
10.19.010 is subject to forfeiture, the City Attorney shall file a petition for
forfeiture with the Superior Court of San Diego County.
B. A petition for forfeiture under this subdivision shall be filed as soon as
practicable, but in any case, within one year of the seizure of the property which is
subject to forfeiture.
C. The 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 San Diego 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 10.19.080 and directions
for the filing and service of a claim.
D. An investigation shall be made by the National City 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 National City
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 property seized or subject to forfeiture is required to be filed pursuant to
Section 10.19.080.
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F. With respect to vehicles described in Section 10.19.010 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 10.19.010.
G. The City Attorney, pursuant to this subsection, may order the
forfeiture of vehicles seized under this chapter. The 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
property;
4. The instructions for filing and serving a claim with the City
Attorney pursuant to Section 10.19.080 and time limits for filing a claim.
H. 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 property in
accordance with Section 10.19.090. 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 property. 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.
I. If a claim is timely filed, then the City Attorney shall file a petition for
forfeiture with the Superior Court pursuant to this section within thirty days of the
receipt of the claim.
10.19.080 Interest claim. A. Any person claiming an interest in the
vehicle seized pursuant to Section 10.19.010 must, within ten days from the date
of the notice of seizure, file with the City Attorney a claim, verified in accordance
with Section 446 of the Code of Civil Procedure, stating his or her interest in the
property.
B. 1. If a verified claim is filed, the forfeiture proceeding shall be set
for hearing on a day not less than thirty (30) days therefrom.
2. 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.
C. In lieu of forfeiture, an interested party may pay the fair market value
of the vehicle seized to the agency or official prosecuting the forfeiture proceeding.
10.19.090 Sale of vehicles. In all cases where vehicles seized pursuant to
this chapter are forfeited to the city, the vehicles shall be sold, unless cash is paid
as settlement in lieu of forfeiture of the vehicle, and the proceeds of sale or
settlement shall be distributed and appropriated as follows:
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A. To any bona fide 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 or City Attorney declaring the forfeiture
orders a distribution to that person or entity.
B. To the City Attorney for all expenditures incurred in connection with
the publication of the notices set forth in Section 10.19.070, and the sale of the
vehicle, including expenditures for any necessary repairs, storage, or transportation
of any vehicle seized under this chapter.
C. The remaining funds shall be distributed as follows:
1. Fifty percent (50%) to the local law enforcement entities that
participated in the seizure, distributed to reflect the proportionate contribution of
each agency.
2. Fifty percent (50%) to the City's Nuisance Abatement Fund, in
accordance with Municipal Code Section 1.36.190.
D. All funds distributed to the local law enforcement agency pursuant to
subsection C 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 those agencies. For the purposes of this section, "local
governmental entity" means any city, county, or city and county in this state.
PASSED and ADOPTED this 18TH day of MARCH
ATTEST:
dah
Mich el R. Dalla, ity Clerk
APPROVED AS TO FORM:
n4 Ass: =
George H. Eiser, III
City Attorney
4
Nick In un a, yor
, 2003.
Passed and adopted by the Council of the City of National City, Califomia, on March 18,
2003, by the following vote, to -wit:
Ayes: Councilmembers Inzunza, Natividad, Parra, Ungab.
Nays: None.
Absent: Councilmember Morrison.
Abstain: None.
AUTHENTICATED BY:
By:
NICK INZUNZA
Mayor of the City of National City, California
it
City CI rk of the City of ational City, Califomia
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven
calendar days had elapsed between the day of its introduction and the day of its final
passage, to wit, on February 18, 2003, and on March 18, 2003.
I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or
that the reading of said ordinance in full was dispensed with by a vote of not Tess than a
majority of the members elected to the Council and that there was available for the
consideration of each member of the Council and the public prior to the day of its
passage a written or printed copy of said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 2003-2218 of the City Council of the City of National City, passed
and adopted by the Council of said City on March 18, 2003.
By:
City Clerk of the City of National City, California
Deputy