§ 4-14.07. Forfeiture of vehicle procedures.

(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)