§ 4-14.06. Return of seized vehicles if no authorization to hold.
Latest version.
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)
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