§ 4-14.09. Claim procedures/post-seizure probable cause hearing.  


Latest version.
  • (a)

    Any person claiming an interest in the vehicle seized must at any time within fifteen (15) days from the date of the Notice of Seizure, file with the Superior Court of Ventura County 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 served by the claimant by personal service or registered mail on the City Attorney within ten (10) days of the filing of the claim.

    (b)

    Any claimant who timely files a claim may file a written request for a post-seizure probable cause hearing using the form provided by the Department.

    (1)

    If the Department does not receive a request for a post-seizure probable cause hearing within thirty (30) days from the date that the notice of seizure is published in a newspaper of general circulation, any rights to request such hearing will be deemed waived, and the requirement for post-seizure probable cause hearing will be satisfied.

    (2)

    If a request for a post-seizure probable cause hearing is timely filed within thirty (30) days, then the Department shall provide such a hearing as provided for in subsection (c) of this section.

    (c)

    A post-seizure probable cause hearing will be conducted by the Department, before a hearing officer, within three (3) business days following the receipt of the first request for a post-seizure probable cause hearing filed with the Department in accordance with this section. For purposes of this section, "business days" shall be defined as Monday through Friday, excluding state or federal holidays. If there are multiple claimants, the Department shall not be required to conduct multiple post-seizure probable cause hearings for each seized vehicle. A finding of probable cause for seizure of the vehicle is conclusive as to all claimants.

    (1)

    The City Manager, or his or her designee shall act as the hearing officer to conduct the post-seizure probable cause hearing. Any designee from the Simi Valley Police Department must be of the rank of sergeant or above, must not have participated in the seizure of the vehicle, and must not be the supervisor of any officer who participated in the seizure of the vehicle.

    (2)

    At the post-seizure probable cause hearing, the Department will be required to show that probable cause existed for the initial seizure of the vehicle pursuant to this chapter.

    (3)

    If the post-seizure probable cause hearing officer determines that probable cause did not exist for the seizure, the vehicle shall be released as soon as practicable to the appropriate claimant. The City Attorney and each claimant shall be notified of the release.

    (4)

    If the post-seizure probable cause hearing officer determines that probable cause existed for the seizure, then forfeiture proceedings against the vehicle will continue as provided in Section 4-14.10 et seq.

(§ 1, Ord. 1104, eff. December 14, 2006)