Chapter 9.100
SEIZURE AND FORFEITURE OF NUISANCE VEHICLES
Sections:
9.100.010 Findings and purpose.
9.100.050 Forfeiture and notice of intended forfeiture of vehicle.
9.100.060 Claims and court proceedings.
9.100.070 Sale or disposal of vehicles.
9.100.005 Title.
This chapter shall be known as the seizure and forfeiture of nuisance vehicles ordinance. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1186 § 1, 2001].
9.100.010 Findings and purpose.
The city council finds and declares as follows:
A. The citizens of Rancho Cordova have complained about the nuisance being created by persons driving vehicles into their neighborhoods in order to acquire or attempt to acquire controlled substances or to solicit acts of prostitution.
B. Persons who operate vehicles and use them to acquire controlled substances or to solicit acts of prostitution bring crime and decay to the neighborhoods where they solicit acts of prostitution and/or acquire or attempt to acquire controlled substances.
C. Owners of vehicles utilized to acquire or attempt to acquire controlled substances or to solicit acts of prostitution have the responsibility of ensuring that such vehicles are not utilized for nuisance-creating behaviors.
D. The seizure and forfeiture of such vehicles will serve to deter such conduct and to abate the nuisance caused by such activity in that the vehicle owner will be deterred from using their vehicle as an instrumentality of their illegal activity. The seizure and forfeiture of such vehicles will also ensure that vehicle owners will not permit their vehicles to be used for illicit purposes. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1186 § 1, 2001].
9.100.020 Definitions.
For purposes of this chapter, the following definitions apply:
“Controlled substances” shall mean a drug, substance, or immediate precursor which is listed in any schedule in Section 11054, 11055, 11056, 11057 or 11058 of the California Health and Safety Code.
“Driver” means the person who is driving or is in actual physical control of a vehicle that is seized pursuant to this chapter.
“Prostitution” means engaging in sexual conduct or other lewd or dissolute act between persons in return for money or other consideration.
“Vehicle” shall mean a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. “Vehicle” includes any motor vehicle. [Ord. 38-2007 § 1 (Exh. 1(F)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1186 § 1, 2001].
9.100.030 Nuisance vehicles.
A. Any vehicle used to solicit an act of prostitution or to acquire or attempt to acquire any controlled substance is declared to be a nuisance, and the vehicle shall be enjoined and abated as provided in this chapter.
B. 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 guilty of creating a public nuisance. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1186 § 1, 2001].
9.100.040 Seizure of vehicle.
A. A peace officer may seize a vehicle subject to forfeiture under this chapter upon issuance of an order by a court having jurisdiction over the vehicle. Seizure without a 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 out of whose possession such vehicle was seized, in accordance with Section 1412 of the Penal Code.
C. An immediate investigation shall be made by the Rancho Cordova 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 Rancho Cordova police department determines 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 property, it shall, within 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 appropriate federal agency.
D. The notice of seizure sent pursuant to the requirement of this section shall set forth the time in which a claim of interest in the vehicle seized or subjected or subject to forfeiture shall be filed. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1186 § 1, 2001].
9.100.050 Forfeiture and notice of intended forfeiture of vehicle.
A. The city attorney may, pursuant to this section, order the forfeiture of vehicles seized under this chapter.
B. If the city attorney determines that the factual circumstances warrant the forfeiture of a vehicle described in RCMC 9.100.030, the city 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 90 days after seizure of the vehicle subject to forfeiture.
C. The notice of intended forfeiture shall be served by personal delivery or by certified mail, return receipt requested, upon any person who has an interest in the seized vehicle as determined pursuant to RCMC 9.100.040(C).
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 in accordance with Section 415.20 of the Code of Civil Procedure.
2. If the person entitled to service resides 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 shall be made pursuant to Section 6063 of the Government Code.
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 as the basis for the intended forfeiture of the vehicle;
4. A claim form as described in RCMC 9.100.060; and
5. Instructions for filing and serving a claim and the time limits for filing such a claim. [Revised during 2008 codification; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1186 § 1, 2001].
9.100.060 Claims and court proceedings.
A. Any person claiming an interest in a vehicle seized pursuant to this chapter shall, not later than 10 days from the date of service of the notice of intended forfeiture, file with the superior court of Sacramento 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 filed by the claimant on the city attorney within 10 days of the filing of the claim.
B. 1. If a verified claim is filed, the city attorney shall institute a forfeiture proceeding by filing a petition for forfeiture with the superior court of Sacramento County within 30 days of the receipt of the claim, and by setting the matter for a hearing not less than 30 days therefrom.
2. The hearing shall be before the superior court of Sacramento County.
3. The provisions of the Code of Civil Procedure shall be applicable 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 proceedings, or cross-complaints, and the issues shall be limited strictly to the questions related to this chapter.
4. In any contested forfeiture proceeding, the city of Rancho Cordova shall have the burden of proving by a preponderance of the evidence that the vehicle was used as set forth in RCMC 9.100.030. Trial shall be before the court. The presiding judge of the superior court shall assign the action brought pursuant to this chapter for trial.
5. Upon proof that the vehicle was used for any of the purposes set forth in RCMC 9.100.030, the court shall declare the vehicle a nuisance and order the vehicle sold and the proceeds distributed as set forth in RCMC 9.100.070.
C. If no claims are timely filed in response to the notice issued pursuant to RCMC 9.100.050, the city attorney shall prepare a written declaration of forfeiture of the vehicle to the city and shall dispose of the property in accordance with RCMC 9.100.070. A written declaration of forfeiture signed by the city attorney shall be deemed to provide good and sufficient title to the forfeited property. The city attorney ordering forfeiture shall provide a copy of the declaration of forfeiture to any person who received notice of the intended forfeiture proceedings. [Revised during 2008 codification; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1186 § 1, 2001].
9.100.070 Sale or disposal of vehicles.
In all cases in which a vehicle is seized pursuant to this chapter is forfeited to the city, the vehicle shall be sold and the proceeds of the sale shall be distributed in the following order of priority:
A. To the chief of police for the administrative towing fee incurred in connection with any vehicle seized pursuant to this chapter.
B. 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 or city attorney declaring the forfeiture orders a distribution to that effect.
C. To the chief of police for all administrative expenditures made or incurred in connection with the seizure and sale of the vehicle, including expenditures for any necessary repairs, storage or transportation of any vehicle seized pursuant to this chapter.
D. To the city attorney for all administrative expenditures made or incurred in connection with the publication of the notices set forth in RCMC 9.100.050 and the necessary sale of the vehicle.
E. The remaining funds shall be distributed to the chief of police. [Revised during 2008 codification; Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1186 § 1, 2001].