2003 ORD O-11-03 - Laserfiche WebLink

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8.14.040 Froccess . ter may be se zed by any peace off�cer Vethisfnic�es subject to forfeiture under s Chap �e Under this Chapter, upon process issued by any court having jurisdiction over the Vehicle. 3 seizure witriou", process may be made if any of the following situations exist 4 A. `b he seizure is incident to an arrest or a search pursuant to a search warrant; or 5 B. There is probable cause to believe that the Vehicle was used in violation of this 6 Chapter, 7 8.141.00500 Racia, pts chapter shall be delivered to any person receipts for vehicles seized pursuant to this C 8 arrested out of whose possession such vehicle was seized, in accordance with, Section 1412 of the Penal Code. 9 8.14,060 Evidence be held for 10 Properly seized pursuant to Section 8.14.040, where appropriate, may evidence. The City Attorney shall institute and maintain the proceedings. i2 BA 4.07C FOO IISNU 78 h A. Except as prov�ded in subsect�orr H of ff's section, or Section 8.14.100, if the 13 City Attorney determines that the factum circumstances do warrant that a Vehicle described in Seoticn 3.14,020 is subject to forfeiture, the City Attorney shall file a petition for forfeiture with 14 the Superior Court of San Bernardino County. 5 B. A petition for forfeiture under this subdivision sn4i be fixed as soon as 16 practicable, but in any case within one year of the seizure of the Vehicie which is subject to forfeiture. C. The City Attorney shall cause a notice of the seizure and of the intended forfeku,e prcceedings, as web; as notice stating that any interested party may file a verified ciaim with the Superior Court in San Bernardino County, to be served by personal delivery or 19 by registered mail upon any person who has an interest in the Vehicle- Whenever a notice is delivered pursuant t to this section, it shall be acccmpanied by a claim form as described in Section 8.14,090 and directions for the filing and service of a claim. Notice shall also be 2 1 published once in a newspaper of general circulation in San Bernardino County. 7 h City Attcrney shay provide notice of the proceedings Linder t1his subsection, including I.-heToRowing 22 information: A des&pt'or, of the vehicle; 23 2. The date and place of seizure; the property; 24 1 The violation of law alleged with respect to forfeiture of 25 Z". —J he instruction for TiErig and servicing a claim with the City Attorney pursuant to Section 8. 14.090 and time kmits for -IrTrig a c;airn. 26 D. An investigaticn shall be made by the Coiton Poke Department as to any 27 claimant to a vehicle whose right, title, interest, or Jen is of record in the Department of Motor Vehicles or appropriate federal agency. if the Colton Police Department finds that any person, 28 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 sriaH -forthwith send a notice to the legal owner at his or her address appearing or, the records or the Department of Motor Vehicles or appropriate federal agency. I ONT/JRT/262464 2