2003 ORD O-11-03 - Laserfiche WebLink

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2 3 A 5 6 7 8 9 10 71 12 13 14 15 16 -7 18 19 20 21 22 23 24 25 26 27 28 E All notices shall set forth the time within which a claim of interest in the Vehicie seized or subject to forfeiture is required to be filed pursuant to Section 8.14.090. F. with respect to a Vehicle described in Section 8.14.029 for which forfeiture is sought and as to which forfeiture is contested, the City of Colton shall have the burden of proving by a preponderance of the evidence that the Vehicle was used as set forth In Section 3.14.329. Trial shall be before the court or jury. The presiding judge of the Superior Court shall assign the action brought pursuant to this Chapter for trial. G. Upon proof by a preponderance of the evidence that the Vehicle was used for any of the purposes set forth IM Sections 8.14.013 and 8.14.020 of this Chapter, the court shall declare the Vehicle a nuisance and order that the Vehicle be seized, if not previously seized and held by the Police Department, forfeited and sold and the proceeds distributed in accordance with this Chapter. Fl. if no claims are filed, the City Attorney shall prepare a written declaration of forfeiture of he Vehicle to the court and dispose of the Vshicle 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 suffic'jent 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. l. if a claim is timely filed, then the City Attorney shall file a petition for forfeiture to this section within thirty (30) days of the receipt of the claim. 8.14.080 [Innacent, parts; ra-ILlFn of vehIcia. Notwithstanding the provisions of this Chapter, the Colton police Department shall return a seized Vehicle upon the filing of a timely claim pursuant to Section 8.14.090 and upon a showing by the claimant that: A. The Vehicle is owned by two or more persons and there Is a community property interest in the Vehicle by a person other than the person who used or maintained the Vehl'c-ls for the purpose of illegally dumping refuse, and the Vehicle Is the s&8 vehicle available to the person's immediate family; or B. The Vehicle is owned by the employer of the person who used, or maintained the Vehicle for the purpose of Illegally dumping refuse and employer files and serves on the City Attorney a declaration or affidavit under penalty of perjury that he or she had no knowledge of the Illegal dumping; or 11 the Vehicle is owed by a rental car agency with a duly executed contract with 1� the person who used or maintained the Vehicle for the purpose of illegally dumping refuse, 8.14.090 lln�srqst Malin, Any person claiming an Interest in a Vehicle seized pursuant to Section 8.14.020 must, at any time within ten (10) days from the date of the notice of seizure, file with the Superior Court of San Bernardino County a claim, verified in accordance with Section 4.46 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 on the City Attorney within ter, (10) days of the filing of the claim. ON71JR7 /262464 q